Definition of the concept of a representative of authority as a person in the public service and endowed with administrative powers
Article 3, paragraph 9, of the Criminal Code defines the concept of a "representative of the authorities" as a person in the public service who is vested with administrative powers in relation to persons who are not dependent on him. This can be an employee of law enforcement agencies, a special state body, a military police officer or a serviceman participating in ensuring public order.
1. Definition of "representative of the authorities":
- A representative of the authorities is a person vested with state powers, who can make decisions and issue orders that are binding on citizens or organizations that are not subordinate to this person in the official line. An example would be police, military or other officials acting in the interests of the state.
2. Relationship with other codes and laws:
- The Law of the Republic of Kazakhstan "On Civil Service" regulates the procedure for the appointment and powers of civil servants, determining the status of persons with powers.
- The Code of the Republic of Kazakhstan on Administrative Offenses (CAO) also contains the concept of "representative of the authorities", which is used in the context of bringing to justice for failure to comply with the lawful demands of representatives of the authorities (for example, Article 667 of the Code of Administrative Offenses of the Republic of Kazakhstan Disobedience to a lawful order or demand of an employee (serviceman) of a law enforcement or special state body, military police body, bailiff, bailiff).
3. Criminal liability for encroachment on a representative of the authorities:
- The Criminal Code of the Republic of Kazakhstan provides for articles that protect representatives of the authorities from encroachments. For example, article 380 of the Criminal Code ("Threats or violent acts against a representative of the authorities") provides for criminal liability for violence or threats against such persons in the performance of their official duties.
4. Regulatory resolutions of the Supreme Court:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated May 14, 1998 No1. On Certain Issues of Application of Legislation on the Judiciary in the Republic of Kazakhstan
- On Judicial Protection of Human and Civil Rights and Freedoms in Criminal Proceedings Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2010 No 4
These documents clarify how actions directed against law enforcement officers or other representatives of the authorities should be qualified.
5. Constitutional rights and obligations:
- Representatives of the authorities act within the framework of the Constitution of the Republic of Kazakhstan, which enshrines the basic rights and obligations of civil servants. Their powers are also governed by laws that protect their actions if they are committed in the course of their official duties.
A representative of the authorities is a person who has power and performs functions in the interests of the state and society. The criminal legislation of the Republic of Kazakhstan protects such persons from encroachments and regulates their responsibility in the performance of official duties, ensuring their work within the framework of the law.
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