Definition of a person performing managerial functions
The term "person performing managerial functions" in the context of the criminal legislation of the Republic of Kazakhstan covers persons authorized to direct and control the activities of other employees or manage resources in commercial or other organizations that are not government agencies or quasi-public sector entities. These persons may perform their functions permanently, temporarily, or on the basis of a special authority.
Paragraph 19 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the concept of a person performing managerial functions in a commercial or other organization as a person who permanently, temporarily or by special authority performs organizational and administrative or administrative duties in organizations that do not belong to state bodies, local governments, state organizations or quasi-public sector entities..
Key Features:
1. Organizational and administrative functions include directing and coordinating the actions of other employees. These may be, for example, heads of departments, divisions, and branches.
2. Administrative and economic functions are related to the management of the property, finances or material resources of the organization. This may include control over procurement, resource allocation, and finances.
3. Special authority means temporary or special functions delegated to a person within the framework of a specific task.
Examples:
- The director of a commercial organization who has the authority to manage property and conclude transactions on behalf of the company.
- Middle managers who manage teams and control the process of completing work tasks.
Legal regulation:
- The Labor Code of the Republic of Kazakhstan establishes the duties and rights of senior officials in commercial and other organizations that do not belong to government structures. In particular, the articles of the Labor Code of the Republic of Kazakhstan describe duties on labor protection, protection of employees' rights and responsibility for causing damage to the property of the enterprise.
- The Law on Combating Corruption includes categories of managers of commercial and other organizations who are responsible for corruption crimes if they abuse their powers for personal gain.
Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 24, 2020 No. 3. "On certain issues of the application of legislation by courts in cases of criminal offenses in the field of economic activity" clarifies who is considered a person performing managerial functions for the purposes of applying criminal legislation, including in commercial structures.
Persons performing managerial functions may be responsible for crimes such as abuse of authority, commercial bribery, and breach of contract, as provided for in relevant articles of the Criminal Code of the Republic of Kazakhstan (for example, articles 190, 218, 250, etc.).
The definition of this concept is important for establishing criminal liability for crimes committed by persons with managerial authority, especially if they are related to economic crimes or violations of workers' rights.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
