Having organizational and administrative functions
Organizational and administrative functions according to paragraph 37 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK) are the right granted in accordance with the procedure established by law to issue orders and orders binding on subordinates, as well as to apply incentive measures and disciplinary penalties against these persons.
The main features of organizational and administrative functions:
1. The right to issue orders and orders: A person with such functions has the authority to issue binding orders and orders to his subordinates.
2. The right to apply incentive measures and disciplinary penalties: A person can both encourage subordinates and punish them for violations of official discipline.
3. Legislative basis: Such functions arise on the basis of the legislation of the Republic of Kazakhstan and may be provided for by various legal acts.
Examples of persons with organizational and administrative functions:
- Heads of organizations (directors, heads of departments) who have the right to give orders and orders within the framework of the organization's work.
- Civil servants in executive bodies who control the activities of their subordinates and manage the process of performing official tasks.
- Military commanders, who are subordinate to soldiers and officers who are obliged to carry out their orders.
Examples of the application of organizational and administrative functions:
- Issuing an order by the head to perform a specific task.
- The application of disciplinary action for violation of labor discipline.
- Awarding bonuses or other incentive measures for the successful completion of tasks.
Related articles of the Criminal Code of the Republic of Kazakhstan:
1. Article 361 of the Criminal Code of the Republic of Kazakhstan — Abuse of official authority. Organizational and administrative functions may be used illegally, which may lead to criminal liability for abuse of official position.
2. Article 250 of the Criminal Code of the Republic of Kazakhstan — Abuse of authority. Article 252. Abuse of authority by employees of private security services, Article 253. Commercial bribery, Commercial structures are also responsible for the illegal use of organizational and administrative functions.
Related legislation and regulations:
1. The Law of the Republic of Kazakhstan "On Civil Service". This law regulates the organization and performance of public service, which provides for the rights and duties of persons holding senior positions and having organizational and administrative functions.
2. The Labor Code of the Republic of Kazakhstan. This code regulates relations between employers and employees, including the rights of managers to issue orders and orders, as well as the application of disciplinary measures.
Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
1. 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." This resolution clarifies the issues of qualification of crimes related to abuse of official authority, including abuse of organizational and administrative functions.
2. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On judicial practice in cases of embezzlement." The resolution addresses cases of abuse and abuse of organizational and administrative powers.
Comment:
Organizational and administrative functions are a key component of management and coordination in public and private structures. Holders of such functions have significant authority over their subordinates, which can lead to abuse of power or abuse of authority. That is why Kazakhstan's legislation includes strict rules governing the use of these functions and prescribing penalties for their illegal use.
Thus, persons with organizational and administrative functions must comply with the laws and regulate their actions in accordance with established norms, since their powers have a direct impact on the lives and activities of subordinates.
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
