Definition of the concept of an official document
An official document is a document created by an individual or a legal entity and executed in accordance with the requirements established by the legislation of the Republic of Kazakhstan. It is certified in a manner that gives it legal force and allows it to be used in legal relations.
Paragraph 28-1 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the concept of an "official document" as a document created by an individual or legal entity, which is executed and certified in accordance with the procedure established by law. This means that an official document must comply with a number of requirements established by the laws of the Republic of Kazakhstan in order to be legally binding and recognized as such in legal relations.
Key characteristics of the official document:
1. "Creation by a natural or legal person." This means that both individuals and organizations can draw up official documents if they perform the functions stipulated by law.
2. "Registration in accordance with the established procedure." The legislation defines the rules for the registration of documents: formal requirements for the content, structure and details that must be followed to give the document legal force.
3. "Identity card". The document must be certified, which may include signing, printing, or other forms of authentication.
Examples of official documents:
- Passport, ID card;
- Certificates issued by government agencies (for example, a criminal record certificate);
- Notarized contracts;
- Official reports and acts (for example, acts of state inspections).
Legislative acts and regulations governing official documents:
1. "The Civil Code of the Republic of Kazakhstan". It regulates many aspects of office management and document management related to official documents.
2. "The Law of the Republic of Kazakhstan "On Legal Acts" — this law regulates the registration and certification of regulatory legal documents.
3. "The Law of the Republic of Kazakhstan "On Notaries" — establishes the rules for certifying official documents by notaries, such as contracts, wills, and powers of attorney.
4. The Law of the Republic of Kazakhstan "On Electronic Documentation and electronic Digital Signature" regulates the registration and use of official documents in electronic form.
Criminal liability for crimes related to official documents:
- "Forgery, manufacture or sale of forged documents, stamps, seals, letterheads, state postage stamps, state awards (art. 385 of the Criminal Code of the Republic of Kazakhstan) — provides for liability for the manufacture or use of knowingly forged documents.
- "Abuse of official authority** (art. 361 of the Criminal Code of the Republic of Kazakhstan) is a crime related to the incorrect registration or use of official documents for mercenary purposes.
Resolutions of the Supreme Court of the Republic of Kazakhstan:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006 No. 4. "On some issues of evaluation of evidence in criminal cases.
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2017 No. 6. On judicial practice in cases of fraud
Conclusion:
An official document in the criminal law of the Republic of Kazakhstan is an important instrument of legal relations that is valid if it is issued and certified in accordance with established norms. Violation of these rules may result in criminal liability, especially in cases of forgery or improper registration.
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.
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