Commentary to article 44. Restriction on military service of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Restriction on military service shall be imposed on convicted military personnel undergoing military service under contract, as well as on conscripted officers, for a period of three months to two years in the cases provided for in the relevant articles of the Special Part of this Code for committing crimes against military service, as well as on convicted military personnel undergoing military service under conscription. in lieu of correctional labor provided for in the relevant articles of the Special Part of this Code.      

2. Deductions from the monetary allowance of a person sentenced to restriction on military service shall be made to the state income in the amount established by a court verdict, but not more than twenty percent. While serving this sentence, a convicted person cannot be promoted to a military rank, and the term of punishment is not counted towards the length of service for awarding another military rank.      

Restriction on military service as an independent type of punishment can be applied to military personnel in cases of committing crimes against military service and is imposed instead of correctional labor.      

The peculiarity of the restriction on military service is that it can only be assigned to special subjects.       Restrictions on military service are imposed on military personnel undergoing military service under contract, as well as officers undergoing military service under conscription, for a period of three months to two years in cases provided for in the relevant articles. Of the Special part of the Criminal Code of the Republic of Kazakhstan for committing crimes against military service, as well as convicted military personnel undergoing military service under contract, instead of correctional labor provided for in the relevant articles of the Special Part of the Criminal Code of the Republic of Kazakhstan (Part 1 of Article 44 of the Criminal Code).      

Persons undergoing military service under a contract are citizens who have concluded a written agreement (contract) on military service with both the Ministry of Defense of the Republic of Kazakhstan and other departments that provide for military service. The procedure for concluding such a contract is provided for by special regulatory legal acts.      

The essence of restrictions on military service is reduced to deductions from the total monetary allowance of a convicted person to the state income in the amount established by a court verdict, but not more than 20% (Part 2 of Article 44 of the Criminal Code of the Republic of Kazakhstan). In addition, the term of punishment is not counted towards the length of service for awarding another military rank, a serviceman cannot be awarded another military rank, and he cannot be promoted during the time he is serving his sentence.       The restriction on military service differs from correctional labor as follows: the restriction on military service applies to a certain category of military personnel, and correctional labor  

- for all able-bodied citizens who have a place of work: if they are restricted in military service, the person who has been punished continues to perform military service, and the person sentenced to correctional labor continues to work at his place of work. In case of malicious evasion from correctional labor, they may be replaced by another type of punishment in the form of restriction of liberty, arrest or imprisonment. There are no legal consequences for restrictions on military service.      

The execution of this type of punishment is carried out by the commander of the military unit. In accordance with Article 139 of the Criminal Code of the Republic of Kazakhstan, the commander of a military unit, no later than three days after receiving a copy of the verdict and an order for its execution from the court, issues an order stating on what basis and for what period the convicted person will not be presented for promotion and military rank, which period is not counted towards him the length of service required for the assignment of another military rank. In addition, the order specifies the amount to which, according to the court verdict, deductions should be made to the appropriate budget from the monetary allowance of a person sentenced to restriction on military service while serving his sentence. The order is announced by the military unit, brought to the attention of the convicted person and accepted for execution.

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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