Comment to article 389. Loss of military property of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Violation of the rules for saving weapons, ammunition, or military equipment entrusted for official use, if this has led to their loss, —      

is punishable by restriction on military service for a term of up to two years, or by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years, or by imprisonment for a term of up to two years.

     The public danger of this act lies in the fact that it violates the rules for saving military property entrusted for official use, if this has led to the loss of property, thereby creating a prerequisite for reducing the state's defense capability, leading to the disruption of military measures and the implementation of decisions.   

  According to the Charter of the Internal service of the Armed Forces of the Republic of Kazakhstan, a serviceman is obliged to: know and keep in constant readiness for use the weapons and military equipment entrusted to him, to protect military property and other material assets. Upon detection of theft or damage to military property, illegal spending of funds, abuses in the supply of troops, deficiencies in the maintenance of weapons and military equipment, or other facts detrimental to the Armed Forces of the Republic of Kazakhstan, military personnel are required to report this on command, and may also send a written request to eliminate these deficiencies to a senior commander, including the Minister of Defense. Of the Republic of Kazakhstan.      

The direct object of this crime is the established procedure for the disposal and use, conservation of military property, which forms the material basis for the combat readiness and combat capability of the Armed Forces, other troops and military formations of the Republic of Kazakhstan.    

 Military property transferred to the perpetrator in accordance with the established procedure for official use is considered entrusted.    

 The objective side of this crime is characterized by:      

1) in violation of the rules for saving weapons, ammunition or items of military equipment entrusted for official use;     

2) material damage in the form of loss of military property;    

 3) the causal relationship between a socially dangerous act and the harmful consequences that have occurred.     

The rules for saving military property are regulated by charters, instructions, manuals, orders and other regulations. Violation of the established procedure may result in the loss of military property entrusted to a serviceman for official use.    

 Loss is the withdrawal from the possession of a serviceman, against his will, of property entrusted for official use. However, it may be forgotten, lost, destroyed, etc.    

 The crime is considered completed only after the loss of military property.

    The subjective side of the loss of military property is characterized by guilt in the form of negligence in the form of arrogance and negligence. The guilty person is either aware that he is violating the rules for saving military property entrusted for official use, anticipates the possibility of loss, but frivolously expects that harmful consequences will not occur, or is unaware of the act being committed and does not foresee the possibility of negative consequences, although he could and should have foreseen them.   

  The perpetrator must be aware of the rules for saving military property and his obligation to own it.    

The subject of the crime is a special one, i.e. a soldier, regardless of his position and military rank, to whom military property is entrusted for official use, for use in the performance of military service duties.  

   The crime provided for in Article 389 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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