Criminal offenses against the management of Forgery and the use of documents constitute the objective side of fraud, are regarded as a means of seizing other people's property and do not require additional qualifications.

By the verdict of the court No. 2 of the city of Kostanay, Kostanay region, dated November 13, 2017, A., who had no previous criminal record, was sentenced under paragraph 2) of part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 5 years in prison with confiscation of property obtained by criminal means or acquired with funds obtained by criminal means, with life imprisonment. deprivation of the right to hold positions related to organizational and administrative functions under part 2 of Article 385 of the Criminal Code - to 2 years of restriction of liberty. According to part 3 of Article 58 of the Criminal Code for a combination of crimes, by absorbing a less severe punishment, 5 years of imprisonment were imposed with confiscation of property obtained by criminal means or acquired with funds obtained by criminal means, with life imprisonment for the right to hold positions related to organizational and administrative functions. On the basis of paragraph 2 of Article 4 of the Law of the Republic of Kazakhstan "On Amnesty in connection with the twenty–fifth anniversary of Independence of the Republic of Kazakhstan" dated December 13, 2016 (hereinafter referred to as the Amnesty Law), the imposed sentence was reduced by one-fourth, and 3 years and 9 months of imprisonment with confiscation of property obtained by criminal means or acquired with funds were determined. criminally obtained, with life imprisonment for the right to hold positions related to organizational and administrative functions, with service in an institution of the medium-security penal system. The beginning of the sentence is calculated from November 30, 2016. By the verdict of the court, A was found guilty of being the head of the Kostanay regional branch of the CHU "Republican headquarters of Youth labor groups "Zhasyl El", using his official position, by deception and abuse of trust, repeatedly, by a group of persons, in prior agreement with K., I., E., K. By forging official documents, H. stole budget funds in an especially large amount totaling 16,024,866 tenge.

Criminal offenses against the management of Forgery and the use of documents constitute the objective side of fraud, are regarded as a means of seizing other people's property and do not require additional qualifications.

By the decision of the judicial Board for Criminal Cases of the Kostanay Regional Court dated December 26, 2017, the verdict was upheld. In the protest, the Prosecutor General of the Republic of Kazakhstan, without disputing the evidence of the convict's guilt and the qualification of his actions, believes that the sentence should be changed due to the improper application of the criminal law, which resulted in a discrepancy between the imposed punishment of the severity of the criminal offense and the personality of the convicted person. Requests, on the basis of Article 63 of the Criminal Code, the appointed A. to consider the punishment conditional with the establishment of probation control, to cancel the confiscation of property, to impose an additional penalty in the form of life imprisonment in the form of deprivation of the right to hold positions related to organizational functions, and to impose an additional penalty in the form of deprivation of the right to hold positions related to organizational functions in the civil service, local governments and financial organizations for a period of 10 years. A.'s guilt. The commission of embezzlement of funds on an especially large scale through deception and abuse of trust, repeatedly, by a group of persons by prior agreement, using their official position, was established by a sufficient body of evidence that was not disputed by the defense, and the case was considered in an abbreviated manner. At the same time, the arguments of the protest about the disproportionality of the punishment imposed on the convicted person are substantiated. In accordance with the provisions of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2015 No. 4 "On certain issues of criminal punishment", courts must take into account the nature and degree of public danger of the crime, the identity of the perpetrator, including his behavior before and after the commission of the crime, circumstances mitigating and aggravating responsibility and punishment, as well as the impact of the imposed punishment on the correction of the convicted person and on the conditions of his life and family. The punishment must be fair, sufficient, and ensure the achievement of his goals. However, the court, in imposing a real custodial sentence on A., motivated its decision only by the fact that the damage in the case was compensated only after the disclosure of the offenses, whereas this fact, on the contrary, indicates the perpetrator's desire to make amends. At the same time, the court did not take into account that the representative of the injured party at the hearing asked A. not to punish him severely and expressed his agreement with the imposition of a suspended sentence. At the same time, during the study of the case file, it was established that A. He is characterized positively, has dependent young children, is being prosecuted for the first time, has fully admitted his guilt and sincerely repented of what he had done, and voluntarily compensated for the damage caused.

In such circumstances, the judicial board considers the punishment in the form of actual imprisonment in the absence of any danger to society to be unfair and excessively harsh. A.'s commission of a serious crime is not an obstacle to the imposition of a suspended sentence with the application of Article 63 of the Criminal Code, since its correction is possible without serving the sentence. According to part 4 of Article 63 of the Criminal Code, confiscation of property is not imposed, therefore, this additional punishment is subject to cancellation. The arguments of the protest about the incorrect application of the criminal law in the appointment of A. additional punishment in the form of life imprisonment of the right to hold positions related to organizational and administrative functions are also substantiated. The list of punishments, the grounds and conditions for their application, as well as the special conditions for the appointment of certain types of punishments are given in section 3 of the General Part of the Criminal Code. In accordance with article 50 of the Criminal Code, the imposition of additional punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity for life is provided only for certain categories of crimes: corruption crimes, certain types of economic crimes, as well as crimes against the sexual integrity of minors or minors. The offense for which A. was convicted does not belong to these categories, as a result of which he cannot be given additional punishment in the form of life imprisonment for holding positions related to organizational and administrative functions, despite the fact that it is provided for by the sanction of the article of the Special Part of the Criminal Code. Taking into account the above, when determining the conditions and procedure for the appointment of this additional punishment, the provisions of part 2 of Article 50 of the Criminal Code should be guided, according to which the deprivation of the right to hold a certain position or engage in a certain activity is established by law for a period of 1 to 10 years. In addition, in violation of the provisions of paragraph 22 of the above-mentioned regulatory decree, the court did not specify in the operative part of the verdict in which industry or in which institutions or organizations A. should be deprived of the right to work.

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