Criminal liability of a person holding a responsible public position

Persons holding responsible public positions bear special criminal responsibility for crimes related to their official powers. This is due to the high degree of trust of the State in such persons and their critical role in ensuring legality, law and order and protecting the interests of the State and society. The criminal legislation of the Republic of Kazakhstan provides for strict liability measures for these persons if they violate the law in the course of performing their duties.

Paragraph 16 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines a person holding a responsible public position. This is a key category, which includes persons who hold positions related to the implementation of State powers, and who are entrusted with special responsibility for the performance of public administration functions.

1. Establishment of a position: Positions that belong to the category of responsible government are established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan.  

2. Functions of the State and powers of bodies: Persons in these positions perform the direct functions of the state and the powers of state bodies. This includes work in the legislative, judicial and executive branches of government.  

3. Examples of positions:

  - Member of the Parliament of the Republic of Kazakhstan,

  - Judge of the Constitutional Court of the Republic of Kazakhstan,

  - Judge (including courts of general jurisdiction),

  - Commissioner for Human Rights,

  - Persons holding political or administrative public positions of Corps "A", according to the law on public service.

Normative acts regulating the concept of responsible government positions:

1. The Constitution of the Republic of Kazakhstan:

  - Article 50 of the Constitution establishes the status of deputies of the Parliament of the Republic of Kazakhstan, who play an important role in the legislature and are considered public officials.

  - Articles 71 and 81 of the Constitution define the role of judges and the Constitutional Court, assigning them the functions of the judiciary.

2. The Law of the Republic of Kazakhstan "On Public Service":

  - This law regulates the categories and statuses of civil servants. In particular, according to article 6, the political and administrative public positions of Corps "A" are defined as key managerial positions responsible for the implementation of State policy and strategy.  

  Political positions are leadership positions that are determined by the highest state authorities and are aimed at shaping public policy.  

  The administrative positions of the "A" corps are the highest government management positions, to which qualified civil servants are appointed who are responsible for the management and performance of public functions.

3. The Law "On the Constitutional Court of the Republic of Kazakhstan":

  - This law regulates the status and functions of judges of the Constitutional Court, who have constitutional powers to protect the rights and freedoms of citizens and ensure the supremacy of the Constitution.

Regulatory decisions of the Supreme Court of the Republic of Kazakhstan:

The Regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 8. "On the practice of considering certain corruption crimes" clarifies issues related to the responsibility of civil servants for violations related to their official duties. It emphasizes the special responsibility of those holding public office and the need for strict compliance with anti-corruption legislation.

The main articles of the Criminal Code of the Republic of Kazakhstan (CC RK) concerning the responsibility of persons holding responsible public positions:

1. Article 361 of the Criminal Code of the Republic of Kazakhstan – Abuse of official authority:

o Punishment is provided for the use of official position for the purpose of obtaining benefits, or in other personal interests, if this has caused significant harm to state or public interests.

o For persons holding responsible public positions, this crime may result in more severe punishment, including imprisonment and a ban on holding certain positions.

2. Article 362 of the Criminal Code of the Republic of Kazakhstan – Abuse of power or official authority:

o   This article punishes actions that go beyond the authority of an official if they have caused significant harm to the rights and legitimate interests of citizens, organizations or the State.

o Persons holding responsible public positions bear increased responsibility for such crimes.

3. Article 366 of the Criminal Code of the Republic of Kazakhstan – Receiving a bribe:

o Persons holding responsible public positions may be criminally liable for receiving bribes in any form — for actions or omissions in the interests of the bribe-giver. Penalties include heavy fines, long-term imprisonment and confiscation of property.

o A more severe punishment is provided for receiving a bribe on a large scale or in a group of persons by prior agreement.

4. Article 367 of the Criminal Code of the Republic of Kazakhstan – Giving a bribe:

o Liability also applies to persons who pay bribes to responsible government officials. If such actions take place during the performance of their duties, the penalties may be increased.

5. Article 369 of the Criminal Code of the Republic of Kazakhstan – Official forgery:

o Punishment is imposed for falsification of official documents by an official if this led to violation of the rights and legitimate interests of citizens or organizations, as well as undermined State interests.

6. Article 189 of the Criminal Code of the Republic of Kazakhstan – Appropriation or embezzlement of entrusted property of others:

o If a person holding a responsible public position appropriates or embezzles property entrusted to him by virtue of official authority, this also entails criminal liability with increased penalties, up to imprisonment.

Example:

If a person holding a responsible public position (for example, a member of Parliament or a judge) uses his official position to receive a bribe or commit a corruption offense, he is liable under Article 366 of the Criminal Code of the Republic of Kazakhstan. In this case, a penalty of imprisonment for up to 15 years with confiscation of property may be imposed, depending on the amount of the bribe and the circumstances of the crime committed.

International standards:

The Republic of Kazakhstan has ratified several international agreements aimed at combating corruption and crimes related to public office. This includes:

·        The UN Convention against Corruption,

·        The OECD Convention on Combating Bribery

These documents consolidate the principles of the fight against corruption and strengthen international cooperation in bringing to justice crimes related to public office.

Persons holding responsible public positions are subject to increased criminal liability for crimes related to their official activities. This is due to the special powers and responsibilities assigned to them by the State, and the need to protect the interests of society from abuse and corruption.

Attention!

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