Deprivation of the Right to Hold Certain Positions or Engage in Certain Activities

Article 50 of the Criminal Code of the Republic of Kazakhstan (CC RK) provides for punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. This punishment is aimed at preventing the repeated commission of crimes and ensuring public safety.

🔹 Essence of the Punishment

Deprivation of the right to hold certain positions or engage in certain activities consists of a prohibition on:

· holding certain positions in public service, local self-government bodies, or financial organizations;· engaging in certain professional or other activities.

This punishment may be imposed either as a principal or as an additional penalty, depending on the nature and degree of social danger of the act committed, as well as the personality of the offender.

🔹 Terms of Punishment

The term of deprivation is established as follows:

· from one year to ten years under the general procedure;· from five years up to life-long deprivation for certain categories of crimes, such as:

o crimes in the sphere of economic activity and against the interests of service in financial organizations;o crimes against the sexual inviolability of minors;o corruption crimes;o traffic-related crimes involving driving a vehicle while intoxicated or without the right to drive.

🔹 Mandatory Imposition of Punishment

In some cases, this type of punishment is mandatory:

· for crimes against the sexual inviolability of minors — life-long prohibition on teaching and working with minors;· for corruption crimes — life-long prohibition on holding positions in public service, local self-government bodies, the National Bank of the Republic of Kazakhstan and its agencies, the authorized body for regulation, control and supervision of the financial market and financial organizations, state organizations, and entities of the quasi-public sector;· for certain traffic crimes — life-long prohibition on driving a vehicle.

🔹 Application of Punishment

The court may impose deprivation of the right to hold certain positions or engage in certain activities even in cases where it is not provided for in the relevant article of the Special Part of the CC RK, if, considering the nature and degree of social danger of the act committed and the personality of the offender, the court finds it impossible to preserve such a right for them.

🔹 Commencement of the Punishment Term

The term of punishment is calculated as follows:

· from the moment of serving the principal punishment (imprisonment, arrest), if deprivation of the right is imposed as an additional punishment;· from the moment the judgment enters into legal force, if deprivation of the right is imposed as an additional punishment to other principal types of punishment, as well as in cases of deferred serving of punishment or conditional sentencing.

🔹 Application in Practice

An example of the application of this punishment is the case of Karim Massimov, former Chairman of the National Security Committee of the Republic of Kazakhstan. In 2023, he was found guilty of state treason, violent seizure of power, and abuse of office. The court sentenced him to 18 years of imprisonment with confiscation of property and life-long deprivation of the right to hold positions in public service.

🔹 International Norms

The application of deprivation of the right to hold certain positions or engage in certain activities complies with international standards established by the UN Convention against Corruption and the UN Convention against Transnational Organized Crime. These documents oblige States Parties to adopt measures ensuring the possibility of depriving individuals of rights related to the commission of crimes.

🔹 Conclusion

Deprivation of the right to hold certain positions or engage in certain activities is an effective criminal punishment aimed at preventing the repeated commission of crimes and protecting public interests. Its application must be well-founded, consistent with the law, and take into account the rights of the convicted person.

For more detailed information and official clarifications, it is recommended to refer to regulatory acts available on the official legal portal. 

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