Commentary to article 243. Illegal export of technologies, scientific and technical information and services used in the creation of weapons of mass destruction, weapons and military equipment of the Criminal Code of the Republic of Kazakhstan
Illegal export of technologies, scientific and technical information and services that can be used in the creation of weapons of mass destruction, their means of delivery, weapons and military equipment and for which special export controls are established, —
is punishable by a fine in the amount of seven hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of seven months to one year, or by imprisonment for a term of three to seven years.
The public danger of a crime lies in the fact that when committing this crime harms public safety, harms the interests of the state, and also creates a threat to the country's defense capability and international security.
The object of the crime is public security in the sphere of control over the production, distribution, and deployment of weapons of mass destruction, weapons, and military equipment.
The subject of the crime is technologies, scientific and technical information and services that can be used in the creation of weapons of mass destruction, their means of delivery, weapons and military equipment.
The objective side of the crime is characterized by the commission of actions related to the illegal export of technologies, scientific and technical information and services that can be used in the creation of weapons of mass destruction, their means of delivery, weapons and military equipment and for which special export controls are established.
Illegal export is defined as the commission of actions contrary to regulatory acts related to the export of technologies, scientific and technical information and the provision of services abroad for the production of weapons of mass destruction, their means of delivery, or the export of weapons and military equipment abroad in violation of special rules governing the export of such goods.
Weapons of mass destruction are defined as weapons that can lead to a large number of human casualties when used. These include: nuclear, thermonuclear, chemical, biological, neutron weapons, and so on.
The means of delivery of weapons of mass destruction are understood as mechanisms and systems that ensure the movement of weapons of mass destruction to their destination. These include: missile launch systems for weapons of mass destruction, guidance systems, controls, special vehicles, and so on.
Weapons and military equipment are understood as mechanisms designed for conducting military operations. These include: cannons, missile systems, mortars, multiple launch rocket systems, tanks, armored personnel carriers, infantry fighting vehicles, BMDS, and so on.
The crime is considered completed from the moment of the illegal export.
The subjective side of the crime is characterized by an intentional form of guilt and only by direct intent. The guilty person is aware of the social danger of his act and wants to commit it.
The subject of the crime is a sane individual who has reached the age of 16.
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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