Commentary on Article 383. Acquisition or Sale of Official Documents and State Awards of the Criminal Code of the Republic of Kazakhstan
1. Illegal acquisition or sale of official documents granting rights or exempting from obligations, as well as state awards of the Republic of Kazakhstan or the USSR —
shall be punishable by a fine in the amount of up to one hundred and twenty monthly calculation indices, or corrective labor in the same amount, or community service for a period of up to one hundred and twenty hours, or arrest for a period of up to thirty days.
The public danger of the criminal misdemeanor provided for in Article 383 of the Criminal Code lies in the fact that it violates the established administrative procedure in the sphere of maintaining official documentation or awarding state awards. Illegal acquisition or sale of official documents and state awards may result in violations of citizens' rights. Such acts make it possible to acquire, circumventing the law, rights and privileges that do not belong to the guilty person or to obtain exemption from obligations, thereby causing harm to the normal functioning of administrative bodies.
The object of the criminal misdemeanor under consideration is the public relations governing the procedure for handling official documents and state awards.
The subject matter of the criminal misdemeanor provided for in Article 383 of the Criminal Code consists of official documents and state awards.
Pursuant to subparagraph 21) of Article 1 of the Law of the Republic of Kazakhstan dated December 22, 1998, “On the National Archival Fund and Archives,” and subparagraph 28-1) of Article 3 of the Criminal Code of the Republic of Kazakhstan, an official document is a document created by an individual or legal entity, drawn up and certified in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Thus, official documents are recognized as documents having legal significance. They may originate both from state authorities and administrative bodies, officials of such bodies, as well as from legal entities and other organizations of a commercial or other nature. Official documents generally contain the relevant particulars, the place and time of their preparation, the name of the body or person that issued the document, and, in certain cases, seals, stamps, etc.
The subject matter does not include all official documents, but only those that grant rights or exempt from obligations. This may be expressly indicated in the official document or follow from its contents.
Official documents granting rights include diplomas, identification certificates, certificates of educational attainment, pension certificates, driving licenses, patents, licenses, etc. Documents exempting from obligations may include service, pension and other certificates exempting their holders from paying fares; certificates exempting their holders from paying utility and other charges, etc.
Official documents that, although having legal significance, do not grant rights or exempt from obligations cannot constitute the subject matter of the criminal misdemeanor commented on herein.
Commercial documents (commodity and transport waybills, payment orders, contracts, store receipts, etc.), as well as railway and airline tickets granting the right to travel, cannot be recognized as official documents. The use of such documents causes harm to property interests rather than to the established administrative procedure. Therefore, such actions may be classified under Article 190 of the Criminal Code, “Fraud,” or Article 195 of the Criminal Code, “Causing Property Damage by Deception or Abuse of Trust.”
State awards are a form of recognition for achievements in science, culture, the economy, service, etc.
In accordance with the Law of the Republic of Kazakhstan dated December 12, 1995, “On State Awards of the Republic of Kazakhstan,” the state awards of the Republic of Kazakhstan include the highest distinctions — the Order of “Altyn Qyran,” the titles of “Halyk Kaharmany” and “Kazakhstan Enbek Eri,” as well as other orders, medals, honorary titles and the Certificate of Honor of the Republic of Kazakhstan.
Citizens of the Republic of Kazakhstan are awarded state awards in recognition of their merits to the Republic for fruitful state, public and creative activities, as well as labor and military exploits.
Foreign citizens and stateless persons who have rendered services to the Republic of Kazakhstan may also be awarded state awards of the Republic of Kazakhstan.
The awarding of state awards is carried out by the President of the Republic of Kazakhstan.
State awards of the USSR are forms of recognition established by the relevant legislative acts of the USSR. In particular, state awards of the USSR include orders, medals, honorary titles of the USSR and the highest distinctions of the USSR.
According to the General Regulations on Orders, Medals and Honorary Titles of the USSR, approved by Decree of the Presidium of the Supreme Soviet of the USSR dated July 3, 1979, state awards of the USSR include the Gold Star of the Hero of the Soviet Union and the Hero of Socialist Labor, orders, medals and honorary titles of the USSR.
Only genuine official documents and state awards are recognized as the subject matter. The manufacture or sale of forged documents and awards is classified under Article 385 of the Criminal Code, “Forgery, Manufacture or Sale of Forged Documents, Stamps, Seals, Forms, State Postage Payment Marks, and State Awards.”
The objective element of the criminal misdemeanor provided for in Article 383 of the Criminal Code consists in the illegal acquisition or sale of official documents granting rights or exempting from obligations, as well as state awards of the Republic of Kazakhstan or the USSR.
The acquisition or sale of official documents is illegal if such actions are committed by persons who do not have the right to possess or alienate the relevant documents.
At the same time, the acquisition or sale of state awards is always illegal, since such awards belong to a specific person whose name is indicated in the certificate accompanying the award.
To acquire means to become the owner or possessor of something, or to obtain something. Acquisition means obtaining an item into one's possession, use and disposal by any means, whether for consideration or free of charge (through purchase, exchange, receipt as a gift, as collateral, etc.).
Consequently, illegal acquisition of an official document or state award constitutes any action not authorized by law as a result of which the guilty person becomes the holder of an official document or state award: purchase, exchange, receipt as a gift, receipt as repayment of a debt, etc.
An exception is the method of acquiring official documents through theft, which constitutes an independent criminal offense provided for in Article 384 of the Criminal Code, “Illegal Seizure of Documents, Theft, Destruction, Damage or Concealment of Documents, Stamps and Seals.”
The sale of official documents and state awards means their sale through wholesale supply or retail purchase and sale, barter transactions, as well as their alienation free of charge.
The elements of the criminal misdemeanor provided for in Article 383 of the Criminal Code are formal in structure. Accordingly, in order to hold a person criminally liable, it is not necessary for any negative consequences to occur; the very fact of illegal acquisition or sale of official documents granting rights or exempting from obligations, as well as state awards of the Republic of Kazakhstan or the USSR, is sufficient.
The subjective element of the criminal misdemeanor commented on herein is characterized by direct intent. The guilty person is aware that they are illegally acquiring or selling official documents granting rights or exempting from obligations, as well as state awards of the Republic of Kazakhstan or the USSR, and desires to do so.
The motive does not affect the legal classification of the act under consideration but is taken into account by the court when imposing a sentence.
The subject of the criminal misdemeanor provided for in Article 383 of the Criminal Code may be any sane person who has reached the age of sixteen.
The act provided for in Article 383 of the Criminal Code belongs to the category of criminal misdemeanors.
Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan 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, and Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
Constitution Law Code Regulatory Decree Order Decision Resolution Lawyer Almaty Lawyer Legal Services Legal Consultation Civil Criminal Administrative Cases and Disputes Defense Arbitration Legal Company of Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulation Protocol Draft Program Rules Addresses
