The category of persons in criminal law authorized to perform State functions

Home / Publications / The category of persons in criminal law authorized to perform State functions

15 October 2024

The category of persons in criminal law authorized to perform State functions

The category of persons authorized to perform state functions in the criminal law of the Republic of Kazakhstan covers a wide range of subjects who have the authority to perform state functions.

Paragraph 27 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the category of persons authorized to perform State functions as:

Comments and explanations

1. "A person in public service"

It includes all citizens working in the public service system, performing management or performance functions in government agencies. According to the Law of the Republic of Kazakhstan "On Civil Service", these include employees holding administrative and political government positions.

2. "Deputies of maslikhats"

These persons are elected to represent the interests of the population in local government bodies — maslikhats. According to the Constitution of the Republic of Kazakhstan and the Law on Local Government and Self-Government, they monitor the activities of local executive bodies, adopt budgets and monitor their implementation.

3. A person temporarily performing the duties of a public office

- Persons who have been temporarily appointed or are performing duties stipulated by a public position before their official appointment to public service.

- Military personnel who temporarily perform duties in military positions, for example, contract officers.

This may be a person who is entrusted with the temporary performance of duties until the official appointment to the position. Such persons are usually appointed in the absence of the main official, and their powers are limited by time limits.

4. A person temporarily appointed to a military position of a military serviceman under an officer's contract

Persons temporarily appointed to officer positions also fall under the definition of "authorized to perform government functions." These military personnel temporarily perform duties, for example, in the absence of a permanent officer.

Government representatives may be persons with the authority to make decisions affecting the rights and interests of citizens. These can be judges, as well as police officers, prosecutors and other persons whose activities are related to management or control within the framework of the state apparatus.

Responsibility of persons authorized to perform State functions

1. Criminal liability:

Persons authorized to perform public functions may be held responsible for crimes related to abuse of their powers, acts of corruption, abuse of power and official position. For example:

- Article 361 of the Criminal Code of the Republic of Kazakhstan ("Abuse of official authority") provides for liability for persons who violate their official duties, causing damage to the interests of the state or citizens.

2. Anti-corruption laws:

An important area of responsibility is the fight against corruption. The Law of the Republic of Kazakhstan "On Combating Corruption" covers all persons authorized to perform public functions and imposes increased requirements on them to comply with the rule of law, including a ban on accepting bribes and participating in corruption schemes.

3. Resolutions of the Supreme Court of the Republic of Kazakhstan:

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 7. On some issues of application by courts of the norms of the Special part of the Code of the Republic of Kazakhstan on Administrative Offenses

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 28, 2005 No. 6. On judicial practice in cases of military criminal offenses

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 8 On the practice of considering certain corruption crimes

The decisions of the Supreme Court provide clarifications on issues of law enforcement in relation to officials authorized to perform State functions. These resolutions clarify the procedure for qualifying crimes committed by these persons and define the criteria for bringing them to criminal responsibility.

Thus, in the criminal law of the Republic of Kazakhstan, this category of persons includes all those who are permanently or temporarily endowed with state functions, and their activities are strictly regulated by legislation and controlled from the point of view of offenses.

Conclusion:

A person authorized to perform State functions bears increased responsibility in connection with the exercise of State power. Their actions are regulated not only by criminal legislation, but also by special laws aimed at combating corruption and ensuring the rule of law in public service.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases