On judicial practice in cases of military criminal offenses

Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated October 28, 2005 No. 6.

      The footnote. The title is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      The footnote. Throughout the text, the words "crimes", "crime", "crime", "crimes", "crimes", "crimes" are replaced respectively by the words "criminal offenses", "criminal offense", "criminal offense", "criminal offense", "criminal offenses", "criminal offenses" in in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      In order to ensure the correct and uniform application of legislation in judicial practice when considering cases of military criminal offenses, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:

     The footnote. The preamble as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To explain to the courts that the object of military criminal offenses is the established procedure for military service in the Armed Forces of the Republic of Kazakhstan, other troops and military formations.

Subjects of military criminal offenses are only military personnel who are conscripted or under contract in the Armed Forces, other troops and military formations, as well as citizens who are in reserve during their military training.

     A person is subject to criminal liability for military criminal offenses even after the end of service, if these acts were committed by him during military service and the statute of limitations for criminal liability has not expired.

     The footnote. Paragraph 2 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The procedure for conscription, military service under contract and conscription, including military training, discharge from military service and completion of training is determined by Laws, Decrees of the President of the Republic of Kazakhstan, and other regulatory legal acts.

      In accordance with the requirements of paragraph 3 of Article 12 of the Law of the Republic of Kazakhstan dated April 6, 2016 No. 480-V "On Legal Acts", if there are contradictions between the norms of the laws of the Republic of Kazakhstan governing military service and other related issues, the norms of the law adopted later apply.

     The footnote. Paragraph 3 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The beginning of military service for conscripted military personnel, conscripted and contracted military personnel, citizens in reserve, who are on military training, is determined in accordance with the provisions contained in laws and other normative legal acts on military service.

      The end time of military service for all categories of military personnel is the day when the serviceman is excluded from the list of military unit personnel.

     When deciding whether a serviceman performed specific official duties of military service, one should be guided by the normative legal acts on military service.

     The footnote. Paragraph 4 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The body conducting the criminal process should take into account that the dispositions of a number of articles of Chapter 18 of the Criminal Code of the Republic of Kazakhstan (hereinafter - Criminal Code) are blank (reference), therefore, in each specific case of bringing to justice persons for military criminal offenses, it is necessary to establish the content of the violated rules relating to both the general procedure for military service and service on combat duty, in the State Border guard of the Republic of Kazakhstan, the guard, in daily attire, on patrol, as part of the military detachment for the protection of public order and ensuring public safety and the supervisory service, provided for by military regulations and other regulatory legal acts.

      In accordance with the third part of Article 13 of the Criminal Code, when general and special norms of the criminal law compete, the body conducting the criminal process must find out which norm is general and which is special. When qualifying military criminal offenses, a special rule should be applied.

     The footnote. Paragraph 5 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The differentiation of a military criminal offense from other criminal offenses should be carried out depending on the direction of the perpetrator's intent, therefore, the violence of one serviceman against another is not always qualified under Article 440 of the Criminal Code.

      Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them is understood to mean violence, as indicated in the disposition of Article 440 of the Criminal Code, committed by one serviceman against another both in connection with service or in the performance of at least one of their official duties, and under other circumstances, but accompanied by a manifestation of obvious disrespect for the military staff, a gross violation internal regulations in the department. Violence can be expressed in beatings and physical pain, as well as in bullying, humiliation of honor and dignity, forced exchange or seizure of food, uniforms, and other items issued to a serviceman as clothing and other supplies.

     The use of violence based on property, marital, family and other civil relations or obligations unrelated to encroachment on military law and order should be qualified under the article of the Criminal Code, which provides for liability for criminal offenses against the person, other people's property and other criminal offenses not related to military.

     The footnote. Paragraph 6 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

On the basis of the repetition provided for in the second part of Article 440 of the Criminal Code, it is necessary to qualify the commission of two or more violations of the statutory rules of relations between military personnel, if a person has not been released from criminal liability for a previously committed act, and the statute of limitations for criminal liability for this act has not expired.

      Acts committed against the same person at different times in the absence of signs of a continuing criminal offense are also subject to qualification on the basis of repetition.

      According to paragraph 1) of the third part of Article 440 of the Criminal Code, an act committed against two or more persons, both simultaneously and at different times, is subject to qualification if these actions were ongoing, covered by a single intent, but were not carried out simultaneously for various reasons. At the same time, the courts should examine the direction of the perpetrator's intent, the specific circumstances of the committed criminal offense and its motives, the duration of the time gap between the committed actions against different victims, etc.

     The footnote. Paragraph 7, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When qualifying a military criminal offense on the basis of commission by a group of persons, a group of persons by prior agreement, or a criminal group, the provision of article 31 of the Criminal Code must be taken into account.

     According to these qualifying criteria, an act is subject to qualification in cases where two or more military personnel are involved in a criminal offense, whose subordination to each other does not matter, as well as when persons who are not military personnel participated in the commission of a criminal offense, whose actions should be qualified as complicity in the commission of a military criminal offense in as organizers, instigators, and accomplices.

     The footnote. Paragraph 8 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

In the case when a person subordinate to both the perpetrator and the victim joins the non-statutory actions of a superior in relation to a serviceman equal in official position, then the actions of the superior should be qualified under Article 440 of the Criminal Code, and the actions of the subordinate under the relevant part of Article 439 of the Criminal Code as violent actions against the superior, regardless of the one who initiated the commission of a criminal offense and began its commission.

     If a superior commits unlawful acts against a subordinate and a serviceman of equal official status with the injured soldier joins him, the actions of the subordinate who joined are qualified as complicity in an official criminal offense.

The footnote. Paragraph 9 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Under arms in relation to the elements of criminal offenses provided for in paragraph 2) of the second part of Article 438 of the Criminal Code, paragraph 2) In the second part of Article 439 of the Criminal Code and paragraph 3) of the third part of Article 440 of the Criminal Code, it is necessary to understand the devices and objects specified in the Law of the Republic of Kazakhstan dated December 30, 1998 No. 339 "On State control over the turnover of certain types of weapons" that are structurally designed to defeat a living target: firearms, cold, gas, electric, pneumatic and throwing weapons. These may include hand-held small arms and bladed weapons (assault rifle, machine gun, pistol, carbine, rifle, bayonet, dirk) and other firearms or bladed weapons, including handicraft (sawn-off shotgun, Finnish knife, brass knuckles, stiletto, etc.).

     The use of any kind of household or other items (penknives and kitchen knives, an axe, a stick, etc.) does not give grounds for qualifying a criminal offense based on its commission with the use of weapons.

      According to subparagraph 1) of Article 2 of the Law of the Republic of Kazakhstan dated January 16, 2013 No. 70-V "On the State Border of the Republic of Kazakhstan" under special means in relation to the elements of crimes provided for in paragraph 2) of the second part of Article 438, paragraph 3) of the third part of Article 440 of the Criminal Code and paragraph 1) In the second part of Article 451 of the Criminal Code, it is necessary to understand the means intended for physical, traumatic, chemical, electrical, psychological, distracting or other effects adopted by the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as means and devices both in circulation and prohibited for circulation in the Republic of Kazakhstan.

     The footnote. Paragraph 10 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The acts that caused the death of a person specified in part three of Article 438, part three of Article 439, part four of Article 440 of the Criminal Code include intentional infliction of serious harm to the victim's health, resulting in the death of the victim by negligence, driving a person to suicide. The concept of grave consequences is given in paragraph 4) of Article 3 of the Criminal Code.

     Such consequences are covered by the disposition of these articles of the Criminal Code and additional qualifications for other types of criminal offenses are not required.

      If the actions of the perpetrator in the commission of these military criminal offenses were associated with murder, then they are subject to additional qualification under Article 99 of the Criminal Code.

      According to the same rule, abuse of power (part two of Article 450 of the Criminal Code), excess of power (part two of Article 451 of the Criminal Code) by a superior or official, which entailed grave consequences for the life and health of the victim, should be qualified.

     The footnote. Paragraph 11 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (Article 440 of the Criminal Code), abuse of power (Article 451 of the Criminal Code), excess (Article 450 of the Criminal Code) or inaction of power (Article 452 of the Criminal Code), committed by a superior or official, accompanied by the seizure of the victim's personal items and belongings, are classified in aggregate criminal offenses involving liability for a military criminal offense and a criminal offense against property.

     If violence or the threat of its use was accompanied by the seizure of items or uniforms issued to a serviceman for the period of service, then such actions, in the absence of intent to steal, are covered by the disposition of the article of the criminal law providing for liability for a military criminal offense.

     The footnote. Paragraph 12 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).      13. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

An obligatory sign of the subjective side of the composition of the criminal offense provided for in Article 441 of the Criminal Code is the perpetrator's intention to temporarily leave a unit or place of service or stay outside their limits and have a desire to return to the unit or place of service for further service.

      The beginning of the unauthorized abandonment of a unit is the moment when a serviceman leaves the location of a military unit or place of service, as well as his failure to arrive at the place of service within the prescribed period, and the end is the time when the serviceman himself appears at the military authorities or military unit or the time of his detention.

     The temporary appearance in the location of a person evading military service duties for any personal or other reasons unrelated to the performance of duties on duty does not interrupt the period of unauthorized absence.

     The footnote. Paragraph 14 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Desertion must be distinguished from the unauthorized abandonment of a unit or place of service, bearing in mind that in desertion, the purpose of the perpetrator is to evade military service in general, while the unauthorized abandonment of a unit is committed in order to evade military service for a while.

      Desertion is considered completed from the moment when the subject actually evaded military service: he left the location of the military unit or place of service, or did not appear at the unit on time. The motives and duration of service evasion in case of desertion do not affect the qualification of a criminal offense.

      As a continuing criminal offense, desertion is considered terminated from the moment the serviceman voluntarily appears at the place of service, turns himself in, and is detained.

      Voluntary return to a place of service or self-surrender, except in the cases specified in the note to Article 442 of the Criminal Code, does not exclude the final composition of desertion to criminal responsibility, but may be taken into account when imposing punishment.

     The footnote. Paragraph 15 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Weapons entrusted in the service, in relation to the second part of Article 441 and the second part of Article 442 of the Criminal Code, should be understood as standard-issue small arms and other weapons adopted by the Armed Forces, other troops and military formations of the Republic of Kazakhstan, which a serviceman lawfully possesses by virtue of his duties in military service.

      Unauthorized abandonment of a unit or place of service, desertion committed by a serviceman with a weapon entrusted to his service (a bayonet knife from firearms, other special army and navy knives), is also subject to qualification under part two of Article 441 of the Criminal Code or part two of Article 442 of the Criminal Code.

      When committing unauthorized abandonment of a unit, desertion with a weapon not entrusted to the perpetrator in the service, the above-mentioned qualifying feature of the act is absent. In such cases, the actions of a person, depending on the circumstances of his possession of a weapon, should be qualified according to the relevant part of Article 441, Article 442 of the Criminal Code and articles of the criminal law providing for liability for theft or other illegal acquisition, storage or carrying of firearms or carrying cold weapons.

     The footnote. Paragraph 16 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The issue of exemption from criminal liability on the basis of the provisions set out in the notes to Articles 441 and 442 of the Criminal Code is decided by the court in each case individually, depending on all the circumstances of the case and the identity of the perpetrator.

      Release from punishment due to a combination of grave circumstances is carried out by the court in accordance with the first part of Article 76 of the Criminal Code, the list of grave circumstances is not exhaustive.

     Other difficult circumstances may be recognized as such life situations that are not an absolute obstacle to military service, but significantly complicate a serviceman's stay in service: unlawful actions on the part of colleagues, unlawful actions by commanders and superiors, other actions (inaction) that posed a real threat to the life or health of a serviceman, encroaching on his honor and dignity. dignity or other rights.

      The presence of circumstances considered in accordance with articles 34 and 37 of the Criminal Code as an extreme necessity, physical or mental coercion, precludes bringing a person to criminal responsibility for unauthorized abandonment of a unit or desertion.

   The footnote. Paragraph 17, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Liability under Article 443 of the Criminal Code occurs regardless of the method of self-harm, the severity of the damage caused to one's health, as well as the method of deception used.

      Evasion or refusal to perform military service with additional qualifications under Articles 441 and 442 of the Criminal Code does not require, except in cases of a real set of criminal offenses.

      Evasion from military service with the production of a deliberately forged document by the serviceman himself is qualified under the totality of Articles 443 and 385 of the Criminal Code.

     The footnote. Paragraph 18 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

If the perpetrators have committed military criminal offenses, the responsibility for which is provided for in different parts of the same article of the special part of the criminal law, then the act is qualified in compliance with the requirements of the second part of Article 13 of the Criminal Code in that part of the article of the Criminal Code, which provides for a more severe punishment.

     The footnote. Paragraph 19 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Violation of the statutory rules of internal service or patrolling by military personnel who are part of a daily patrol (except for guards and watches), patrol or military detachment to protect public order and ensure public safety, resulting in minor injury to the victims, is qualified under part one of Article 447 or part one of Article 449 of the Criminal Code.

      The same actions that caused moderate harm to health should be qualified under part two of these articles. At the same time, additional qualification of the act under the articles of the criminal law providing for liability for a criminal offense against a person is not required.

      If, under these circumstances, the perpetrator intentionally causes serious harm to health or death to other military personnel, then the deed is additionally qualified either under Article 99, articles 438, 439, 440 or articles 450, 451 of the Criminal Code.

      Intentional infliction of serious harm to health or death by these subjects to victims who are not military personnel should additionally be qualified under article 99 or Article 106 of the Criminal Code.

     The footnote. Paragraph 20 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      20-1. To explain to the courts that when considering cases of criminal offenses provided for in Article 448 of the Criminal Code, the courts should take into account that the subject of violation of the rules of supervisory service is a serviceman who is part of a military detachment and performs control functions, which are understood as duties assigned to him by job descriptions or orders to constantly monitor the assigned site (object) in an institution of the penal enforcement system in order to ensure that convicted persons comply with the requirements of the Internal Regulations of the institution.

     The footnote. The regulatory resolution was supplemented by paragraph 20-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The subjects of military official criminal offenses provided for in Articles 450, 451, 452 and 453 of the Criminal Code are persons who permanently, temporarily or by special authority perform the functions of a government representative or perform organizational, administrative or administrative functions in the Armed Forces, other troops and military formations of the Republic of Kazakhstan.

     The footnote. Paragraph 21 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Officials who are subjects of military criminal offenses include all military commanders, as well as other military personnel who, without being superiors, occupy positions permanently, temporarily, or on special instructions from the command, given orally, in writing, or through technical communication channels, related to the performance of organizational, administrative, or administrative duties.

      The lists of military officials are contained in the charters of the internal service, garrison and guard services, in the Disciplinary Charter and in other normative legal acts.

To establish that an official has violated his authority, the court must examine the regulations governing the rights and duties of these officials during military service (charters, manuals, instructions, orders, and other regulatory legal documents).

     The footnote. Paragraph 23 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Abuse of power or official position, as specified in article 450 of the Criminal Code, should be understood as an unlawful act committed by a superior or military official using his official position and contrary to the interests of military service.

     The footnote. Paragraph 24 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The abuse of power or official authority specified in Article 451 of the Criminal Code is understood as the commission by a superior or official of actions that clearly exceed the rights or official powers granted to him by laws, charters and orders.

     Inaction of the authorities is the deliberate failure of a superior or military official to fulfill his duties in the service.

      A socially dangerous act (inaction) committed by an official outside of his official position and the performance of his duties may not be recognized as a military official criminal offense.

      If responsibility for certain types of official criminal offenses is provided for by special rules (for example, accepting a bribe, embezzlement using official position, etc.), then the commission of such actions by a military official is qualified under the relevant article of the criminal law, without the entirety of articles 450, 451 and 452 of the Criminal Code.

     The footnote. Paragraph 25 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Negligent attitude to service, the responsibility for which is provided for in Article 453 of the Criminal Code, should be understood as the failure or improper performance by a superior or other military official of his duties due to unfair or negligent attitude to service. Criminal liability for such acts occurs only in the event of significant harm or serious consequences.

     The footnote. Paragraph 26 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The definition and concept of significant harm and grave consequences specified in Articles 450, 451, 452, 453 of the Criminal Code are given in paragraphs 4) and 14) of Article 3 of the Criminal Code.

      If minor or moderate harm is caused to health when military officials commit criminal offenses provided for in the first part of Articles 450, 451, 452 of the Criminal Code, additional qualifications under the articles on crimes against the person are not required.

     The footnote. Paragraph 27 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).      28. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The head of the guard may be held responsible under Articles 450, 451 of the Criminal Code in cases where the act committed by him, although it goes beyond the duties of special service or does not directly relate to it, was a violation of his general official duties as commander-in-chief (for example, violent actions by the head of the guard against a person who is part of the the composition of the guard, which did not entail any consequences for the protected object or other harmful consequences).

 The footnote. Paragraph 29 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The actions of the head of the guard, as an official in relation to the composition of the guard, expressed in violation of the rules of special service, although related to the abuse of his position as head of the guard, should be qualified under articles providing responsibility for violating the order of such service in the event of consequences specified in articles 444, 445, 446, 447, 448 and 449 CC.

     The footnote. Paragraph 30 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When deciding on liability for intentional or negligent destruction or damage or loss of military property under Articles 459, 460, 461 of the Criminal Code, it should be borne in mind that the concept of military property and military equipment is given in the Law of the Republic of Kazakhstan dated January 7, 2005, No. 29 "On Defense and the Armed Forces of the Republic of Kazakhstan." The direct object of these criminal encroachments is the established procedure for the disposal and use of military property, which forms the material basis for the combat readiness and combat capability of the Armed Forces, other troops and military formations of the Republic of Kazakhstan.

      If these actions are committed against dual-use facilities at the disposal of military units (vehicles, radio stations, telephones, computers, etc.) that are not related to military property or items of military equipment, then liability arises for intentional or negligent damage or destruction of other people's property under Articles 202 or 204 of the Criminal Code.

     The footnote. Paragraph 31 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      31-1. When classifying vehicles as combat, special or transport vehicles, ships should be based on the disposition of Articles 463 and 466 of the Criminal Code and the Instructions for the Operation of automotive equipment of the Armed Forces of the Republic of Kazakhstan.

     The footnote. The regulatory resolution was supplemented by paragraph 31-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The acts provided for in articles 450, 451, 452 and 453 of the Criminal Code are recognized as corruption offenses if they are expressed in the use by a military official of his official powers contrary to the interests of the service in order to extract property benefits and advantages for himself or other persons or organizations.

     The footnote. Paragraph 32 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The exact execution of the order of the chief (commander), which is mandatory for execution, releases the subordinate from responsibility for the actions committed under this order and for their consequences, provided that the subordinate did not realize the illegality of the executed order.

      The commission of a criminal offense by a subordinate in execution of a knowingly illegal order entails his criminal liability jointly with the superior (commander) who gave the illegal order.

      Failure by a subordinate to comply with a deliberately illegal order from a superior (commander) precludes criminal liability of the subordinate.

      Cases of committing a criminal offense by a subordinate in complicity with the superior (commander) should be distinguished from the intentional commission of a criminal offense in fulfillment of a deliberately illegal order by a superior (commander), when there is no relationship of subordination between them, and they enter into a preliminary conspiracy to jointly carry out criminal intent. The responsibility of the chief (commander) and subordinate in such cases occurs according to the general rules of the types of complicity provided for in Article 28 of the Criminal Code.

     The footnote. Paragraph 33 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When applying article 68 of the Criminal Code on military criminal offenses, courts should be guided by the explanations of the normative resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated June 21, 2001 (with amendments and additions made by Normative Resolution No. 6 dated July 11, 2003) "On judicial practice on the application of Article 68 of the Criminal Code of the Republic of Kazakhstan".

     The footnote. Paragraph 34 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).      35. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

According to article 4 of the Constitution of the Republic of Kazakhstan, this regulatory resolution is included in the current law, and is also generally binding and effective from the date of its official publication.

        Chairman

The Supreme Court

Republic of Kazakhstan

Judge of the Supreme Court

Republic of Kazakhstan,

Secretary of the plenary session

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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