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He was found guilty of abuse of power and official position contrary to the interests of the service in order to extract benefits and advantages.
By the verdict of the military court of the Karaganda garrison dated December 26, 2016, B. was sentenced under part 1 of Article 314 of the Criminal Code to 1 year in prison with deprivation of the right to hold positions of a civil servant in state bodies, self–government bodies and the Armed Forces, other troops and military formations for a period of 4 years; under part 1 of Article 380 of the Criminal Code - to 3 years in prison freedom. Taking into account part 2 of Article 58 of the Criminal Code, the penalty of 3 years in prison has been definitively determined, with the deprivation of the right to hold positions of a civil servant in state bodies, self-government bodies, in the Armed Forces, other troops and military formations for 4 years. Based on article 63 of the Criminal Code, it was decided to consider the imposed punishment conditional with a probation period of 2 years and the establishment of probation control. On the basis of paragraph 3 of Article 2 of the Law of the Republic of Kazakhstan dated December 13, 2016 "On amnesty in connection with the twenty-fifth anniversary of Independence of the Republic of Kazakhstan" B. He was released from the prescribed punishment. By the resolution of the Judicial Board for Criminal Cases of the Military Court of the Republic of Kazakhstan dated February 16, 2017, the verdict of the court remained unchanged. By the verdict of the court, convicted B. was found guilty of abuse of power and official position contrary to the interests of the service in order to extract benefits and advantages for K LLP, which entailed a significant violation of the rights and legitimate interests of the organization represented by the Republican State Institution "General Directorate of Cantonment of the Armed Forces of the Republic of Kazakhstan".
As an official, B. entered deliberately false information in official documents – acts of completed works – in order to extract benefits and advantages for others. Having studied the protest, the materials of the criminal case, and having listened to the opinion of Prosecutor N., who supported the arguments of the protest, lawyers K. and M., the board considers the protest to be satisfied, the verdict of the military court of the Karaganda garrison dated December 26, 2016 and the decision of the Criminal Appeals Board of the Military Court of the Republic of Kazakhstan dated February 16, 2017 to be amended on the following grounds. The court reasonably recognized B. guilty of crimes provided for in part 1 of Article 380, part 2 of Article 314 of the Criminal Code. His guilt was established by the materials of the criminal case and is not disputed in the prosecutor's protest. Meanwhile, the sanction of part 2 of Article 314 of the Criminal Code, along with the main punishment, provides for additional punishment in the form of deprivation of the right to hold positions of a civil servant in state bodies, self-government bodies and the Armed Forces, other troops and military formations of the Republic of Kazakhstan. According to part 2 of Article 41 of the Criminal Code (as amended on July 16, 1997), deprivation of the right to hold a certain position or engage in a certain activity is established for a period of one to five years as the main type of punishment and for a period of six months to three years as an additional type of punishment. It follows from this that the court should have imposed additional punishment on B. in the form of deprivation of the right to hold positions of a civil servant in state bodies, self-government bodies and the Armed Forces of other troops and military formations of the Republic of Kazakhstan for up to 3 years. At the same time, during the consideration of the case, the court incorrectly applied the amnesty act, as a result of which convicted B. was unreasonably released from the additional punishment imposed. In accordance with article 7 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, persons subject to amnesty are exempt from basic punishment. Consequently, the amnesty act does not apply to additional punishment. Based on the above, the judicial board of the Supreme Court for Criminal Cases amended the judicial acts of local courts in respect of B. and imposed on him an additional penalty in the form of deprivation of the right to hold positions of a civil servant in state bodies, self-government bodies and the Armed Forces, other troops and military formations of the Republic of Kazakhstan for a period of 3 years. Liberation of B. According to paragraph 3 of Article 2 of the Law of the Republic of Kazakhstan dated December 13, 2016 "On amnesty in connection with the twenty-fifth anniversary of Independence of the Republic of Kazakhstan", the additional punishment imposed was abolished. The rest of the judicial acts remained unchanged. The protest of the Prosecutor General of the Republic of Kazakhstan was satisfied.
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