Comment to the article Article 2. Tasks of the Criminal Code of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

       1. The objectives of this Code are: to protect the rights, freedoms and legitimate interests of man and citizen, property, the rights and legitimate interests of organizations, public order and security, the environment, the constitutional order and territorial integrity of the Republic of Kazakhstan, the legally protected interests of society and the state from criminal encroachments, the protection of peace and security of mankind, as well as crime prevention.      

2. To carry out these tasks, this Code establishes the grounds for criminal liability, determines which acts that are dangerous to the individual, society or the state are crimes, establishes penalties and other measures of criminal legal impact for their commission.

     As follows from the content of Article 2 of the Criminal Code of the Republic of Kazakhstan, criminal law sets itself two tasks: protective and preventive. The protective task of the Criminal Code is formulated based on the prioritization of criminal law protection. In connection with the recognition of the priority of universal values in the Criminal Code of the Republic of Kazakhstan, in contrast to the Criminal Code of Kaz. The SSR changed the sequence of protected interests (man - society - state).      

The Criminal Code names the rights, freedoms and legitimate interests of man and citizen, property, rights and legitimate interests of organizations, public order and public safety, the environment, the constitutional order and territorial integrity of the Republic of Kazakhstan, the legally protected interests of society and the state, the protection of peace and security of mankind, and the prevention of crimes as objects of criminal protection.      

In accordance with the Constitution (art. 1), the Republic of Kazakhstan establishes itself as a democratic, secular, legal and social state, the highest values of which are man, his life, rights and freedoms. According to the Constitution, human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other normative legal acts (paragraph 2, Article 12 of the Constitution). The Constitution reveals the content of the fundamental rights and freedoms of citizens (Articles 13-33). The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others, infringe on the constitutional order and public morality (paragraph 5 of Article 12 of the Constitution).      

According to Article 6 of the Constitution, state and private property are recognized and equally protected in the Republic of Kazakhstan. Article 191 of the Civil Code states: "Any property may be privately owned, with the exception of certain types of property that, in accordance with legislative acts, cannot belong to citizens or legal entities.      

Public order as an object of criminal law protection is understood as a set of public relations that ensure: public peace, respect for public morality (including law-abiding and decent behavior of citizens in public places), uninterrupted operation of transport, enterprises, institutions and organizations. Public safety is the political, legal, spiritual, moral, and social protection of the life, health, and well-being of Kazakh citizens, as well as the values of Kazakh society, from possible dangers and threats that could harm them (the Law of the Republic of Kazakhstan dated June 26, 1998 "On National Security of the Republic of Kazakhstan").      

An independent object of criminal law protection is the environment. In accordance with Article 31 of the Constitution, the State aims to protect the environment favorable to human life and health.      

The environment is a set of natural and artificial objects, including atmospheric air, the ozone layer of the Earth, surface and groundwater, land, subsoil, fauna and flora, as well as climate in their interaction.      

A favorable environment is an environment whose condition ensures ecological safety and protection of public health, conservation of biodiversity, pollution prevention, sustainable functioning of ecological systems, reproduction and rational use of natural resources.      

Environmental protection is a system of state and public measures aimed at preserving and restoring the environment, preventing the negative impact of economic and other activities on the environment and eliminating its consequences. Concealment by officials of facts and circumstances that threaten human life and health entails liability in accordance with the law. Among the legal instruments protecting this constitutional right are the norms of the Criminal Code (Chapter 11) on responsibility for environmental crimes.      

Environmental crimes should be understood as socially dangerous acts that infringe on the environmental law and order established in the Republic of Kazakhstan, the environmental safety of society and have caused harm to the environment and human health. Environmental safety is the state of protection of vital interests and rights of an individual, society and the state from threats arising from anthropogenic and other environmental impacts.      

The concept of the constitutional system as an object of criminal law protection is defined by section 1 of the Constitution "General provisions". Its contents include:      

consolidation of the form of state power in the Republic of Kazakhstan (a unitary state with a presidential form of government): determining the source of power in the Republic of Kazakhstan (the people);      

limits of sovereignty (the entire territory of the Republic of Kazakhstan);      

the principle of separation of state power into legislative, executive and judicial; other aspects and principles of the constitutional structure of the Republic of Kazakhstan.      

The inclusion of chapter I "Crimes against the peace and security of mankind" in the Special Part of the Criminal Code serves to ensure the peace and security of mankind.      

Crime prevention, as one of the tasks of the Criminal Code, involves the general and private prevention of criminal law. General prevention, i.e. the prevention of the commission of a crime by citizens under the influence of a criminal law prohibition. The general prevention of criminal law is facilitated not only by the existence of criminal law prohibitions themselves, but also by the so-called governing, permissive norms.:

about necessary defense, extreme necessity, etc. ( Articles 32-37 of the Criminal Code ), as these norms also contribute to the prevention of crimes.      

They can be called norms that encourage crime prevention and lawful behavior. These include the norms on exemption from criminal liability in the case of positive post-criminal behavior of the perpetrator (see notes to Articles 165 , 233, etc.).      

Private prevention refers to the prevention of the commission of new crimes by persons who have already committed crimes, which is achieved by applying criminal penalties, compulsory medical and educational measures, and criminal convictions, which are also associated with increased social control over convicts.      

To solve the tasks mentioned in Part 1 of the commented article, the Criminal Code Part 2 forms the main ways to implement them. These include:      

establishing the grounds and principles of criminal liability (see Articles 3, 9, part 2, Articles 14, 19, part 2, Articles 38, 52 and comments thereto);      

determining which acts dangerous to the individual, society and (or) the state are recognized as crimes (art. 9 of the Criminal Code);      

establishment of types of punishment (Articles 39 of the Criminal Code) and other legal measures (Articles 82, 83 of the Criminal Code).

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.S.                          

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases