Commentary on Article 460. Negligent Destruction or Damage of Military Property under the Criminal Code of the Republic of Kazakhstan

1. Negligent destruction or damage of weapons, ammunition, means of transportation or military equipment, resulting in grave consequences, —

shall be punishable by a fine of up to two hundred monthly calculation indices, or by corrective labour in the same amount, or by arrest for a term of up to fifty days.

The public danger of this act lies in the fact that it destroys the material resources of the Armed Forces, other troops and military formations of the Republic of Kazakhstan, thereby reducing the state's defence capability and leading to the disruption of military activities and the implementation of adopted decisions.

The object of this criminal offence is the established procedure for the management and use of military property, which constitutes the material basis of the combat readiness and combat capability of the Armed Forces, other troops and military formations of the Republic of Kazakhstan.

If the above actions are committed in relation to dual-purpose items, such as vehicles, radio stations, telephone sets and computers, which do not constitute military property or items of military equipment, liability shall arise for the negligent damage to or destruction of another person's property (Article 204 of the Criminal Code).

The concepts of “military property”, “military equipment”, “weapons”, “ammunition”, “means of transportation” and others are defined in the commentary to Article 459 of the Criminal Code.

The objective element of the criminal offence consists of the negligent destruction or damage of weapons, ammunition, means of transportation or items of military equipment resulting in grave consequences. In other words, the above elements are identical to those provided for in Part 2 of Article 459 of the Criminal Code and differ only in the form of guilt.

By its legal structure, the corpus delicti of this criminal offence is material. The criminal offence is deemed completed from the moment of negligent destruction or damage of weapons, ammunition, means of transportation or items of military equipment resulting in grave consequences.

The occurrence of grave consequences, namely, the destruction or damage of military property on a large or especially large scale, the disruption of the performance of a combat or service mission, or the death of persons or the infliction of grievous bodily harm, constitutes a mandatory element of the corpus delicti of this offence.

The subjective element is characterised by negligence in the form of recklessness or carelessness.

In the case of recklessness, the perpetrator foresees the possibility of socially dangerous consequences arising from their actions (inaction), but, without sufficient grounds, carelessly assumes that such consequences can be prevented.

In the case of carelessness, the perpetrator does not foresee the possibility of socially dangerous consequences arising from their actions (inaction), although, with due attention and foresight, they should and could have foreseen these consequences.

Motives and purpose do not affect the legal qualification of the offence but are taken into account by the court when determining the punishment.

The subject is special, namely, any military serviceman of the Armed Forces, other troops or military formations of the Republic of Kazakhstan.

The act provided for in Article 460 of the Criminal Code is classified as a criminal misdemeanour.

Commentary on the Criminal Code of the Republic of Kazakhstan (2021) by Isidor Shamilovich Borchashvili, Honoured 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 the reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honoured Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan.

Constitution Law Code Normative Act Decree Order Decision Resolution Lawyer Almaty Lawyer Legal Service Legal Consultation Civil Criminal Administrative Cases and Disputes Defence Arbitration Legal Company of Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Programme Charter Charter Article Commentary Resolution Regulation Protocol Draft Programme Rules Messages