Commentary on Article 287. Illegal Acquisition, Transfer, Sale, Storage, Transportation or Carrying of Weapons, Ammunition, Explosive Substances and Explosive Devices of the Criminal Code of the Republic of Kazakhstan

1. Illegal carrying or sale of cold weapons, except where the carrying of cold weapons is related to hunting activities, as well as the sale by employees of weapons trading organizations of weapons and ammunition thereto to individuals or organizations that do not have the appropriate authorization —

shall be punishable by a fine of up to two hundred monthly calculation indices, or corrective labor in the same amount, or community service for a period of up to one hundred and eighty hours, or arrest for a period of up to fifty days.

2. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms without a barrel, gas weapons capable of firing traumatic-action cartridges, short-barrel smoothbore firearms, as well as cartridges for them —

shall be punishable by a fine of up to two thousand monthly calculation indices, or corrective labor in the same amount, or community service for a period of up to six hundred hours, or restriction of liberty for a period of up to two years, or imprisonment for the same period.

3. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms (except smoothbore hunting firearms), ammunition, explosive substances or explosive devices —

shall be punishable by a fine of up to five thousand monthly calculation indices, or corrective labor in the same amount, or restriction of liberty for a period of up to five years, or imprisonment for the same period.

4. Acts provided for in paragraph three of this Article, committed by a group of persons upon prior conspiracy or repeatedly, —

shall be punishable by imprisonment for a period of three to eight years.

5. Acts provided for in paragraphs three or four of this Article, committed by a criminal group, —

shall be punishable by imprisonment for a period of five to ten years.

Note. A person who voluntarily surrenders the items specified in this Article shall be released from criminal liability if their actions do not contain the elements of another criminal offense. The surrender of the items specified in this Article shall not be considered voluntary if such items are seized during the detention of a person, or during investigative actions aimed at discovering and seizing them.

The public danger of the illegal circulation of weapons, ammunition, explosive substances and explosive devices (Part 1 — a criminal misdemeanor; Parts 2, 3, 4 and 5 — criminal offenses) is expressed in the threat to public safety, primarily to the life and health of citizens and to the rights and interests protected by law, since the use of the objects of the offense for criminal purposes is often associated with the commission of other serious crimes involving human casualties (offenses against the life and health of citizens, robbery, extortion, etc.).

The object of the criminal offense is public safety in the sphere of circulation of weapons, ammunition, explosive substances and explosive devices.

The circulation of weapons includes their production, assembly, modification, sale (trade), transfer, donation, awarding, inheritance, acquisition, collection, exhibition, registration, storage, carrying, transportation, use, seizure, destruction, importation of weapons into the territory of the Republic of Kazakhstan and exportation of weapons from the Republic of Kazakhstan.

Illegal circulation means the handling of weapons, ammunition, explosive substances and explosive devices in violation of laws and subordinate regulatory legal acts.

The circulation of weapons in the territory of the Republic of Kazakhstan is regulated by the Laws of the Republic of Kazakhstan dated December 30, 1998, “On State Control over the Circulation of Certain Types of Weapons”; dated June 4, 2008, “On Ratification of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition Thereto, Supplementing the United Nations Convention against Transnational Organized Crime”; and dated February 23, 2009, “On Ratification of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and the Protocols Thereto: Protocol on Non-Detectable Fragments (Protocol I), Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III), and Protocol on Blinding Laser Weapons (Protocol IV)”; as well as Resolution of the Government of the Republic of Kazakhstan No. 896 dated November 29, 2019, “On Approval of the Rules for the Circulation of Weapons and Military Equipment.”

The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 21, 1995, “On Judicial Practice in Cases Involving the Theft of Firearms, Ammunition, Weapons and Explosive Substances, Their Illegal Acquisition, Carrying, Storage, Manufacture or Sale, and Negligent Storage of Firearms,” and Order No. 602 of the Minister of Internal Affairs of the Republic of Kazakhstan dated July 1, 2019, “On Approval of the Rules for the Circulation of Civilian and Service Weapons and Ammunition Thereto,” clarify issues concerning the resolution of disputed situations and the practical application of the law in accordance with its content and fundamental principles.

The subject matter of the criminal offense under consideration comprises cold weapons, firearms without a barrel, gas weapons capable of firing traumatic-action cartridges, short-barrel smoothbore firearms, firearms (except smoothbore hunting firearms), ammunition, explosive substances and explosive devices.

Paragraph 2 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On Judicial Practice in Cases Involving the Theft of Firearms, Ammunition, Weapons and Explosive Substances, Their Illegal Acquisition, Carrying, Storage, Manufacture or Sale, and Negligent Storage of Firearms” states that, when deciding on a person's guilt in committing criminal offenses provided for by Article 289 and the relevant parts of Articles 287, 288, 290 and 291 of the Criminal Code of the Republic of Kazakhstan, it must be established whether the items seized from the perpetrator qualify as firearms, ammunition, weapons and explosive substances, the theft, carrying, storage, acquisition, manufacture, sale and negligent storage of which are punishable under the said Articles.

The distinguishing features of these items are their special purpose of striking, destroying or eliminating various targets and objects, as well as the special procedure governing their manufacture, acquisition, use and storage. At the same time, it must be taken into account that firearms, ammunition, weapons and explosive substances may be either factory-made or homemade.

The manufacture of a sawn-off shotgun from a hunting rifle, that is, the alteration of its properties according to its intended purpose so as to give it the characteristics of a combat firearm, as well as its acquisition, carrying, storage, sale or theft, constitutes the elements of a criminal offense provided for by the relevant parts of Articles 287, 288 and 291 of the Criminal Code.

In order to meet the requirements applicable to the subject matter of a criminal offense, an item must possess the following characteristics:

increased general danger, that is, it must possess specific quantitative and qualitative characteristics by virtue of which possession, use, disposal, manufacture, storage, transportation, sale, etc., under certain conditions of time and place, is associated with an increased danger to others, resulting from a certain degree of probability and severity of possible harm arising from the handling of weapons, ammunition, explosive substances and explosive devices.

This objective property — the ability to destroy, damage or demolish, and the possession of a striking effect — is inherent in the items themselves, inseparable from them, determined by their internal nature and structure and, as a rule, imparted to these items during their manufacture. They must be suitable for destroying certain objects and capable of striking a living target, causing death or inflicting harm to health. These items shall also be considered suitable if they can be brought into the proper condition for their intended use (for example, through repair or modification). In this regard, firearms, ammunition, explosive substances and explosive devices must be fit for use. Defective or training firearms may be recognized as the subject matter of this criminal offense only where the perpetrator had the intention and a real opportunity to bring them into a condition suitable for firing, or where they contained usable component parts;

have a special purpose (functional characteristic) associated with the actual and potential functions of the item constituting the subject matter of the criminal offense under consideration, its intended purpose and its significance for satisfying certain needs. They are intended or may be used as means of striking a living target or destroying, eliminating or damaging property or the environment;

have a special legal regime governing their circulation — a system of legal provisions defining the procedure for handling, manufacturing, acquiring, transferring, repairing, storing, carrying, using, registering, transporting, etc., weapons, ammunition, explosive substances and explosive devices.

The items under consideration are subject to the permit system.

According to their intended purpose and main technical characteristics, weapons are divided into:

combat small arms and cold weapons;

civilian weapons;

service weapons.

Weapons are understood to mean devices and items structurally designed to strike a living or other target, as well as to give signals (subparagraph 5) of Article 1 of the Law “On State Control over the Circulation of Firearms”).

Cold weapons are understood to mean weapons in which the means of directly striking a target is activated by the muscular strength of a person (subparagraph 15) of Article 1 of the Law). By design, cold weapons may be bladed, non-bladed or combined. Bladed weapons, in turn, are divided into chopping weapons (sabers, swords, cutlasses), thrusting weapons (rapiers, daggers, stilettos, triangular bayonets), thrusting-and-chopping weapons (yataghans, swords, broadswords, certain types of daggers), and thrusting-and-cutting weapons (Finnish and hunting knives, daggers, flat bayonets, army knives and certain national knives).

At the same time, sporting cold weapons (fencing swords, foils and sabres) do not constitute the subject matter of the criminal offense under consideration. The design features of these weapons are such that they are intended not to injure a person but for sporting purposes (the tips and blades of their blades are blunt, and the blades bend upon thrusting). They are not durable and do not possess combat striking properties.

A throwing weapon is a weapon in which the means of directly striking a target acquires direction and movement through the muscular strength of a person or a mechanical device (subparagraph 12) of Article 1 of the Law).

Thus, cold weapons include:

— items intended to strike a target through the muscular strength of a person in direct contact with the target, including bladed cold weapons (daggers, combat, national and hunting knives that qualify as weapons, bayonet-knives, sabers, swords, etc.), other weapons with cutting, thrusting, chopping or mixed action (bayonets, spears, battle axes, etc.), as well as impact-crushing weapons (knuckle-dusters, nunchucks, weighted chains, etc.);

— items intended to strike a target at a distance with a projectile that receives directed movement through the muscular strength of a person (throwing knives and axes, darts, etc.) or a mechanical device (bows, crossbows, etc.).

A firearm without a barrel is a weapon intended for mechanically striking a living target at a distance by means of a projectile discharged from a cartridge having a traumatic, gas or light-and-sound effect, which receives directed movement through the energy of a powder or other charge, and which is not intended to cause death to a person. The cartridge case is used as the barrel. A firearm without a barrel, without irreversible modifications to its design, must not provide the possibility of firing bullets or shot projectiles as a result of which the projectiles are imparted with a specific kinetic energy exceeding 0.5 joules per square millimeter (J/mm²) (the minimum energy criterion for the ability to injure a person adopted in forensic medicine).

Gas weapons are understood to mean weapons whose use is based on the application of tear-inducing or irritating substances (subparagraph 3) of Article 1 of the Law).

A traumatic-action cartridge is a device intended for firing from a weapon, combining into a single unit, by means of a cartridge case, the initiating means, propellant charge and projectile of traumatic action, and not intended to cause death to a person.

Mechanical sprayers, aerosol and other devices loaded with tear-inducing or irritating substances, pneumatic weapons with a muzzle energy of no more than 7.5 J and a caliber of up to and including 4.5 mm are not subject to registration, and citizens of the Republic of Kazakhstan have the right to purchase them from legal entities supplying such products without obtaining a permit. In order to acquire gas weapons in the form of pistols and revolvers for self-defense, with the right to store and carry them, it is necessary to obtain a permit issued by the internal affairs authorities.

Depending on barrel length, weapons are classified as short-barrel (pistols, revolvers), medium-barrel (automatic rifles, carbines) and long-barrel (rifles, carbines). The longer the weapon's bore and the greater the powder charge in the cartridge, the higher the initial velocity of the bullet and, accordingly, its kinetic energy. Smoothbore weapons are firearms having a barrel or barrels with only smooth bores.

A firearm is understood to mean a weapon in which a bullet, projectile or grenade is expelled from the barrel as a result of the energy generated by a powder or other charge.

According to paragraph 3 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On Judicial Practice in Cases Involving the Theft of Firearms, Ammunition, Weapons and Explosive Substances, Their Illegal Acquisition, Carrying, Storage, Manufacture or Sale, and Negligent Storage of Firearms,” firearms are understood to include automatic rifles, carbines, rifles, pistols, machine guns and other devices and items structurally designed to strike a living or other target, as well as sporting firearms, including small-caliber rifled hunting firearms, in which the energy of a powder or other charge is used to fire a shot, regardless of the purposes for which they are actually used.

In cases where special knowledge is required to determine whether the items illegally acquired, transferred, sold, stored, transported or carried by the perpetrator constitute weapons, their main components, ammunition, explosive substances or explosive devices, an expert examination must be conducted in the case. The need to appoint an expert examination arises from the fact that not every device from which a shot can be fired may be classified as a firearm. Any relatively strong tube or barrel, or a simple solid object with a hole, may be used to fire a shot. Such devices are not firearms. A firearm is only a specific mechanism in which a projectile (bullet or shot) is propelled by the force of gases generated by the combustion of an explosive substance. For an item to be recognized as a firearm, the projectile must have penetrating power — it must be capable of being fired so as to strike a target. For the proper application of the law, the decisive factor is not the overall technical serviceability of the weapon, but the possibility of firing a shot from it.

The European Convention on the Control of the Acquisition and Possession of Firearms by Individuals, dated June 28, 1978, defines the term “firearm” as “any object which is designed or adapted as a weapon from which a shot, bullet or other missile, a charge of toxic gas, liquid or other substance may be discharged by means of an explosive, gas or air mechanism or any other means of propulsion, and which falls within one of the definitions set out below, it being understood that subparagraphs (a) to (f) inclusive and subparagraph (i) include only those objects whose operation is based on the use of an explosive propellant:

automatic weapons;

short firearms with a semi-automatic mechanism, a mechanism requiring reloading, or a mechanism for firing single shots;

long firearms with a semi-automatic mechanism or a mechanism requiring reloading, having at least one rifled barrel;

single-shot long firearms with at least one rifled barrel;

long firearms with a semi-automatic mechanism or a mechanism requiring reloading, and necessarily having one or more smoothbore barrels;

hand-held rocket launchers;

any weapons or devices that pose a threat to human life or health by exposing people to a charge of paralytic or irritating substances;

offensive or defensive flamethrowers;

single-shot long firearms having only one or more smoothbore barrels;

long firearms with a gas mechanism;

short firearms with a gas mechanism;

long firearms with a pneumatic mechanism;

short firearms with a pneumatic mechanism;

weapons with a firing mechanism of the spring-operated type only.”

Ammunition (cartridges) is understood to mean devices or items structurally designed to be fired from a weapon of the relevant type and to strike a target (subparagraph 13) of Article 1 of the Law).

According to paragraph 3, second paragraph, of the above-mentioned Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan, ammunition is understood to include warheads of missiles, bombs, mines, rocket-propelled projectiles, artillery, mortar and grenade-launcher rounds, hand grenades and rocket-propelled grenades and their fuses, small-arms cartridges, explosive charges, detonators, signaling, illumination and simulation devices, and other assembled products and explosive devices charged with an explosive substance and intended for firing from firearms of the relevant type or for producing an explosion.

Explosive substances are understood to include gunpowder, TNT, nitroglycerin, pyroxylin, ammonal and other chemical substances and their mixtures capable of explosive reactions, the acquisition and storage of which require a special permit.

Explosive devices are understood to mean industrially manufactured or homemade products and items (mechanisms) functionally combining an explosive substance and structurally designed to produce an explosion (a primer, detonator, fuse, etc.).

Pneumatic rifles, signal, starter, construction and gas pistols, flare guns, as well as pyrotechnic and illumination devices containing explosive substances and mixtures that are not intended for combat use, are not classified as firearms, ammunition or explosive substances.

Dummy weapons, blank-firing devices, children's toy weapons, lighter-pistols and other items that merely resemble weapons externally but do not possess the characteristics of a firearm cannot be classified as firearms. However, if the items in question, primarily pneumatic weapons, are modified into firearms, they acquire all the characteristics of the subject matter of a criminal offense.

Signal, illumination, blank, construction, gas, training and other cartridges that do not contain a striking element (projectile, bullet, shot, buckshot, etc.) and are not intended to strike a target are not classified as ammunition, explosive substances or explosive devices.

The objective aspect of the criminal offense is characterized by the commission of at least one of the following illegal acts:

1. Illegal carrying or sale of cold weapons;

Sale by employees of weapons trading organizations of weapons and ammunition thereto to individuals or organizations that do not have the appropriate authorization.

Owners of weapons have the right to store and carry cold weapons if they hold a permit entitling them to store and carry firearms.

Hunting knives vary in their design, dimensions, shape of blades and handles and, according to their purpose, are distinguished primarily as general-purpose knives, that is, knives intended both for inflicting bodily injuries on an animal and for performing auxiliary operations associated with hunting (butchering carcasses, skinning, preparing food, etc.), and special-purpose knives intended for performing auxiliary operations (primarily skinning and butchering). General-purpose hunting knives are cold weapons and may be acquired by citizens who have a permit issued by the internal affairs authorities to store and carry hunting firearms. Upon the sale of such firearms, these knives are registered by the organization engaged in weapons trading in the hunter's certificate. Special-purpose knives are not cold weapons and are therefore sold without the relevant permit from the internal affairs authorities.

The circulation of cold bladed weapons and knives whose blades are automatically extracted from the handle by pressing a button or lever and locked in place by such mechanisms, or extended by gravity or accelerated movement and automatically locked in place, where the blade length exceeds 90 millimeters, is prohibited in the territory of the Republic of Kazakhstan.

Carrying a cold weapon means its presence directly on a person while that person is moving.

The sale of a cold weapon means its irrevocable transfer (as opposed to illegal transfer) into the ownership of other persons as a result of a wrongful transaction, whether for consideration or free of charge, i.e. sale, donation, exchange, etc.

Trade in civilian and service weapons and ammunition thereto is carried out by organizations that have obtained licenses for this type of activity in accordance with the procedure established by law. Licenses for trade in civilian and service weapons and ammunition thereto are issued by the authorized body in the field of weapons control only to organizations specifically established for these purposes.

Within the meaning of the law, the carrying, storage, acquisition, manufacture or sale of ammunition for smoothbore hunting firearms does not constitute a criminal offense under the relevant parts of Article 287 of the Criminal Code.

Liability under the relevant parts of Article 287 of the Criminal Code arises for the carrying, storage, acquisition or sale of firearms and ammunition, weapons and explosive substances that are fit for use, as well as defective or training weapons that the perpetrator had a real opportunity to bring into a usable condition.

Negligent storage of a firearm unlawfully possessed by the perpetrator, if this results in its use by another person, causing the death of a person or other serious consequences, is covered by the elements of Part 1 of Article 287 of the Criminal Code and does not require additional qualification under Article 289 of the Criminal Code.

By its structure, the composition of the crime is formal. The criminal offense is completed from the moment of illegal carrying or sale of a cold weapon, as well as from the moment employees of weapons trading organizations sell weapons and ammunition thereto to individuals or organizations that do not have the appropriate authorization.

The subjective aspect consists of direct intent. The perpetrator is aware that they are committing illegal acts involving items withdrawn from civil circulation in whole or in part, foresees the possibility or inevitability of socially dangerous consequences and desires their occurrence. A person's misconception regarding the subject matter of the criminal offense excludes intentional guilt and criminal liability.

The subject of the criminal offense is a physically sane person who has reached the age of 16.

Part 2 of Article 287 of the Criminal Code provides for liability for the illegal acquisition, transfer, sale, storage, transportation or carrying of firearms without a barrel, gas weapons capable of firing traumatic-action cartridges, short-barrel smoothbore firearms, as well as cartridges for them.

Part 3 of Article 287 of the Criminal Code provides for liability for the illegal acquisition, transfer, sale, storage, transportation or carrying of firearms (except smoothbore hunting firearms), ammunition, explosive substances or explosive devices.

The acquisition of the above-mentioned items means obtaining them into permanent or temporary possession by any means (purchase, exchange, etc.), as well as illegal temporary possession of a weapon for criminal or other purposes, where the actions of the perpetrator do not contain the elements of theft.

According to subparagraph 9) of Article 1 of the Law of the Republic of Kazakhstan “On State Control over the Circulation of Certain Types of Weapons,” acquisition of weapons means the purchase of weapons or receipt of weapons as a gift or award. Transfer means the temporary assignment of firearms, their main components, ammunition, explosive substances or explosive devices to other persons to whom the said items do not belong.

The sale of the above-mentioned items means their irrevocable transfer (as opposed to illegal transfer) into the ownership of other persons as a result of a wrongful transaction, whether for consideration or free of charge, i.e. sale, donation, exchange, etc.

Storage of weapons and other items means actual possession of such items when they are not directly on the perpetrator but are kept in some specially adapted place (in a dwelling, outbuildings, hiding places, etc.).

Storage of firearms, ammunition, explosive substances and explosive devices constitutes a continuing crime.

The simultaneous storage of several units and types of weapons, as well as various types of ammunition, is classified as one criminal offense. A person who finds a weapon but does not appropriate it and does not take measures to conceal it further shall not be held liable. Conversely, a person who changes the storage location of a discovered weapon belonging to another person has, in essence, acquired and stored it.

Transportation means actions involving the movement of these items regardless of the means of transportation used (by car, train, etc.), but not while they are directly on the accused person.

Carrying cold weapons, gas weapons capable of firing traumatic-action cartridges, firearms, their main components, ammunition, explosive substances or explosive devices occurs when the perpetrator keeps them secretly or openly on their person, that is, when these items are located in their clothing or directly on their body, or are carried in a bag, briefcase, etc. Such actions are deemed illegal if committed in violation of the rules governing the circulation of weapons, ammunition, explosive substances and explosive devices established by the Law of the Republic of Kazakhstan “On State Control over the Circulation of Certain Types of Weapons,” resolutions of the Government of the Republic of Kazakhstan and other regulatory legal acts. For example, the actions of a person involving the acquisition, transfer, sale, storage, transportation or carrying of the above-mentioned items shall be deemed illegal if that person does not have the appropriate license (permit), or if the actions concern firearms and ammunition prohibited from circulation in our State.

When considering cases involving violations of the rules governing the circulation of weapons, ammunition, explosive substances and explosive devices, it must be borne in mind that a person's unlawful actions may simultaneously contain the elements of both an administrative and a criminal offense. Accordingly, it is necessary to distinguish between the types of liability applicable to weapons owners, for example, under Articles 191 “Violation of the Rules for the Sale of Weapons and Ammunition Thereto,” 482 “Illegal Acquisition, Transfer, Sale, Storage, Carrying and Transportation of Weapons by Individuals and Legal Entities,” and 484 “Violation of the Rules for the Acquisition, Storage, Use or Transportation of Civilian and Service Weapons and Ammunition Thereto” of the Code of Administrative Offenses of the Republic of Kazakhstan.

Part 4 of Article 287 of the Criminal Code of the Republic of Kazakhstan contains a qualified form of this offense, establishing liability for the acts provided for in Part 3 of the said Article if they are committed by a group of persons upon prior conspiracy or repeatedly.

A crime shall be recognized as committed by a group of persons upon prior conspiracy if persons who had agreed in advance to commit the crime jointly participated in it. See the commentary to subparagraph 1) of Part 2 of Article 284 of the Criminal Code for more details.

For the purposes of this criminal offense, repetition means the commission, in any sequence, of two or more crimes provided for in Part 3 of Article 287 of the Criminal Code. Repetition shall not exist if the person has been convicted of a previously committed crime or released from criminal liability on grounds established by law.

Part 5 of Article 287 of the Criminal Code provides for liability for the acquisition, transfer, sale, storage, transportation or carrying of the items specified in Part 3 of Article 287 of the Criminal Code when committed by a criminal group. The definition of the concept of a criminal group is contained in subparagraph 24) of Article 3 and Part 3 of Article 31 of the Criminal Code of the Republic of Kazakhstan.

In accordance with the Note to Article 287 of the Criminal Code, a person who voluntarily surrenders the items specified in the commented Article shall be released from criminal liability if their actions do not contain the elements of another crime.

Voluntary surrender of weapons and other items means the surrender by a person of the said items of their own free will, regardless of the person's motives, or notification to the authorities of their location where the person has a real opportunity to continue storing the above-mentioned items. The legislator has excluded voluntariness in cases of detention and investigative actions (inspection, search, seizure).

By Resolution of the Government of the Republic of Kazakhstan dated December 26, 2007, the Rules for the Voluntary Compensated Surrender by Citizens of Illegally Stored Firearms, Ammunition and Explosive Substances were approved. On June 9, 2014, amendments were made to this Resolution by Resolution of the Government of the Republic of Kazakhstan No. 629 in order to increase the effectiveness of preventive measures and improve efforts to identify and seize, on a compensated basis, illegally stored firearms, ammunition and explosive substances. Citizens who voluntarily surrender firearms, ammunition and explosive substances illegally stored by them receive monetary compensation.

All voluntarily surrendered firearms, ammunition and explosive substances are subject to disposal in accordance with the procedure established by law.

The act provided for in Part 1 of Article 287 of the Criminal Code is classified as a criminal misdemeanor.

The act provided for in Part 2 of Article 287 of the Criminal Code is classified as a minor crime.

The act provided for in Part 3 of Article 287 of the Criminal Code is classified as a crime of medium gravity.

The acts provided for in Parts 4 and 5 of Article 287 of the Criminal Code are classified as serious crimes.

Commentary to the Criminal Code of the Republic of Kazakhstan, 2021, by Isidor Shamilovich Borchashvili, Honored Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, Member of the Working Group on Reform of the Law Enforcement System under the Security Council of the Republic of Kazakhstan, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.

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