Commentary to article 379. Violation of the rules of service for the protection of public order and ensuring public safety of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Violation of the rules of service by a person who is part of a military unit for the protection of public order and ensuring public safety, if this act has caused harm to the rights and legitimate interests of citizens., —    

is punishable by restriction on military service for a term of up to two years, or by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years, or by imprisonment for the same term.    

 2. The same act, which entailed grave consequences, —    

 is punishable by imprisonment for a term of up to five years.

     Note. A serviceman who has committed an act provided for in the first part of this article for the first time may be released from criminal liability under mitigating circumstances.

     The public danger of this act lies in the actual infliction of harm to the established order of service for the protection of public order and ensuring public safety.  

   Military personnel of the Ministry of Internal Affairs of the Republic of Kazakhstan, when performing tasks to protect public order, are guided by the Law of the Republic of Kazakhstan "On Internal Troops of the Ministry of Internal Affairs of the Republic of Kazakhstan" dated June 23, 1993 (as last amended and supplemented) and the "Instructions on the organization of patrol and guard service of the Ministry of Internal Affairs of the Republic of Kazakhstan to ensure the protection of public order and security" dated December 5, 2002.    

 Public order and public safety services include patrolling the streets and in public places, maintaining order during demonstrations, rallies, spectacles, sports competitions and other mass events, eliminating the consequences of accidents, natural disasters, and preventing or suppressing illegal encroachments.    

 The immediate object of this crime is the established order of service for the protection of public order and ensuring public safety.    

 The objective side of the crime is expressed in the violation of the rules of service for the protection of public order and ensuring public safety, which caused harm to the rights and legitimate interests of citizens, the causal relationship between the act and the consequences.    

 A violation of the rules of service for the protection of public order and ensuring public safety is the deviation of a serviceman from the requirements of the relevant regulations that regulate the procedure for performing this type of service.    

 Harm to the rights and legitimate interests of citizens may be expressed in the unjustified detention of citizens, the commission of acts degrading their honor and dignity, the unlawful use of physical or mental violence, and the restriction of other rights and freedoms established by the legislation of the Republic of Kazakhstan.    

 Grave consequences (Part 2 of Article 379 of the Criminal Code of the Republic of Kazakhstan) should be understood as causing death or serious harm to health due to negligence, intentional harm to moderate health, provocation of riots and clashes between law enforcement forces and citizens.  

   To qualify a crime, it is necessary to establish exactly which rule was violated by the perpetrator and how this violation manifested itself.    

 A crime is considered completed from the moment it harms the rights and legitimate interests of citizens, or serious consequences (Part 2 of Article 379 of the Criminal Code).  

   The subjective side is characterized by an intentional form of guilt in the form of direct or indirect intent. The attitude towards the consequences of one's actions (Part 2) is possible both in the form of intent and carelessness.   

  Motives and goals do not affect the qualification of a crime, but they can be taken into account when imposing punishment.  

   The subject of the crime is a special one, i.e. only a serviceman who is part of a military unit for the protection of public order and ensuring public safety.  

   The note to Article 379 of the Criminal Code of the Republic of Kazakhstan provides for the conditions for exemption from criminal liability of military personnel who violated the rules of service for the protection of public order and ensuring public safety, which are similar to the conditions of the note to Article 375 of the Criminal Code of the Republic of Kazakhstan.   

  The crime provided for in Part 1 of Article 379 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.    

 The crime provided for in Part 1 of Article 379 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.

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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