Comment to Article 50. Deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. When convicted of committing a grave or especially grave crime, taking into account the identity of the perpetrator, the court may deprive him of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class.
2. Upon conviction for a grave or especially grave crime of a person holding state awards of the Republic of Kazakhstan, as well as an honorary, military, special or other rank, class rank, diplomatic rank or qualification class awarded by the President of the Republic of Kazakhstan, the court, when passing sentence, decides on the expediency of submitting a submission to the President of the Republic of Kazakhstan on depriving the convicted person of these awards. awards, titles, class rank, diplomatic rank, or qualification class.
The punitive property of this additional type of punishment is manifested in the moral impact on the convicted person and in the deprivation of his possible advantages and benefits established for persons with military, special or honorary titles.
Deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards may also be imposed as an additional punishment in cases where it is not provided for as punishment by the article of the Special Part of the Criminal Code, according to which the crime is qualified. In this case, the decision to impose additional punishment in the operative part of the sentence must contain a reference to article 41 or article 50 of the Criminal Code, respectively.
When convicted of committing a grave or especially grave crime, at the same time as sentencing, the court must discuss the issue of submitting, on the basis of part 2 of Article 50 of the Criminal Code, a submission to the President of the Republic of Kazakhstan on depriving the convicted person of state awards or special, military or honorary titles awarded by the President of the Republic of Kazakhstan, class rank, diplomatic rank, qualification class. Additional punishments are imposed within the limits established by the article of the law according to which the defendant is found guilty. If the additional punishment is changed on the basis of Articles 41 or 50 of the Criminal Code, its term may not exceed the limits established by law for this type of punishment.
A military rank is a special designation established by the state, personally assigned to each serviceman and conscript in the Armed Forces of the Republic of Kazakhstan. They are awarded based on official status, military or special training, membership in the armed forces, type of service, as well as in accordance with merit. A characteristic feature of military and special knowledge is that they determine seniority in relationships.
Special ranks are awarded to certified employees of government agencies where they are provided. Such titles are provided in the internal affairs bodies, in the Departments for Combating Economic and Corruption Crimes. The procedure for awarding special ranks is determined: in the internal affairs bodies by the Regulations on service in the internal affairs bodies, approved by Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 5 dated January 10, 1997; in the Departments for Combating Economic and Corruption Crimes
- Regulations on the Agency of the Republic of Kazakhstan for Combating Economic and Corruption Crimes (Financial Police) Approved by the Decree of the Government of the Republic of Kazakhstan dated January 29, 2004; similar Regulations on service are available in the customs authorities of the Republic of Kazakhstan.
Class ranks are awarded in the Prosecutor's Office of the Republic of Kazakhstan and are provided for in the Regulations on service in the Prosecutor's Office, on class ranks and military ranks of employees of the Prosecutor's Office of the Republic of Kazakhstan, approved by the Presidium of the Supreme Council of the Republic of Kazakhstan No. 1561-12 dated July 6, 1992.
Diplomatic ranks are awarded to civil servants in the diplomatic service. The assignment of such titles is provided for in Articles 10 and 11 of Chapters III of the Law of the Republic of Kazakhstan "On Diplomatic Service" dated November 12, 1997. According to this law, the diplomatic ranks are: Attache, III Secretary, II Secretary of II class, II Secretary of I class, I Secretary of II class, I Secretary of I class, Advisers of II and I class, Envoy Extraordinary and Plenipotentiary of II and I class and Ambassador Extraordinary and Plenipotentiary of the Republic of Kazakhstan.
Qualification classes are awarded to civil servants holding public positions in accordance with the Law of the Republic of Kazakhstan "On Civil Service" dated July 23, 1999. The procedure for awarding such classes is regulated by the Regulation on Qualification Classes of Civil Servants, approved by Decree of the President of the Republic of Kazakhstan No. 3055 dated July 12, 1996. Civil servants holding positions in accordance with the Law of the Republic of Kazakhstan "On Civil Service", qualification classes are assigned (higher 1-16). Each class corresponds to a specific category of position (there are seven such categories).
Qualification classes are also assigned to judges of the courts of the Republic of Kazakhstan. The procedure for assigning such classes is regulated by the Regulation on the Qualification Classes of Judges of the Courts of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan No. 3677 dated October 15, 1997. Article 1 of this Regulation provides that in order to assess business qualities, stimulate the growth of professional knowledge and skills of their application in the administration of justice, judges of the courts of the Republic of Kazakhstan are assigned the following qualification classes: the highest, the first is the fifth.
The concept of state awards and their list are given in Articles 1, 2 of the Law of the Republic of Kazakhstan "On State Awards of the Republic of Kazakhstan" dated December 12, 1995. In accordance with Article 2 of the said Law, the state awards of the Republic of Kazakhstan are the highest degree of distinction - the Order of "Altyn Kyran", the title of "Halyk Kakharmany", as well as other orders, medals, honorary titles and the Certificate of Honor of the Republic of Kazakhstan. According to Article 24 of this law, the following honorary titles are established in the Republic of Kazakhstan: "Kazakstannyn enbek sinirgen kairatkeri" (Honored Worker of Kazakhstan); Kazakstannin garyshker - ushkyshy (Pilot-cosmonaut of Kazakhstan). According to Article 27 of this law, awards for mothers with many children are the following pendants: "Altyn alka" (Gold pendant) and "Kumis alka" (Silver pendant). The execution of a court verdict on deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards is regulated by Chapter 9 of the Criminal Code of the Republic of Kazakhstan.
The court that has sentenced a convicted person to be deprived of a special, military, or honorary title, class rank, diplomatic rank, or qualification class, after the verdict enters into force, sends a copy of it to the official who awarded the convicted person the title, class rank, diplomatic rank, or qualification class (Part 1 of Article 56 of the Criminal Code of the Republic of Kazakhstan).
The official, in turn, in accordance with the established procedure, makes an entry in the relevant documents on the deprivation of the convicted person of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, and also takes measures to deprive him of the rights and benefits provided for persons with the appropriate rank, rank, rank, class (ch. 2, Article 56 of the Criminal Code of the Republic of Kazakhstan).
The deprivation of state awards can be carried out only by the President of the Republic of Kazakhstan. The deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards entails the return of documents and awards themselves to the body that awarded or awarded the corresponding title, class, rank, rank. In addition, such deprivation entails the deprivation of all provided benefits, the right to wear special uniforms, insignia, and retains a negative effect even after the removal or repayment of a criminal record.
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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