The object of corruption crimes against interests of public service and public administration

All of the types of corruption crimes against the interests of public service and public administration have a common object of abuse - it is a normal activity of the state apparatus and the apparatus of local government. For certain crimes of this class is seen an additional object of the crime. For example, under Articles 361, 362, 363, 365, 370 of the Criminal Code as an optional subject in the Code specifies the rights and legitimate interests of citizens, organizations, and the legitimate interests of society and the state.

For each of corruption crimes against the interests of public service and government can identify specific features (characteristics) outrages upon per- object.

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* См.: Комментарий к Закону Республики Казахстан «О борьбе с коррупцией». – Астана: ТОО «Издательство «Норма-К». – 2012. – С. 27-29.

Thus, under Article 361 of the Criminal Code, along with the establishment of the general object of crime, need to know that the person committing the abuse of power in commercial and other organizations, non-governmental bodies or local authorities, entails responsibility for abuse of power against the interests of service in commercial and other institutions (Article 250 of the Criminal Code). Under the provisions of the legislation the act does not apply to corruption.

Further, under Article 362 (paragraph 3), the fourth part) of the Criminal Code the abuse of power or official authority can only take place if an act is directly related to the implementation of his or her duties.

A similar relationship with the perpetrator of action granted to him of power and responsibilities assigned seen in the crime under Article 364 of the Criminal Code (illegal participation in entrepreneurial activity).

The peculiarity of corruption offenses in the form of receiving a bribe (Article 366 of the Criminal Code), bribery (Article 367 of the Criminal Code) and mediation in bribery (Article 368 of the Criminal Code) is their interconnectedness. This relationship is the basis of their designation single term - bribery.

Bribery - the most dangerous manifestation of corruption. This risk stems from the fact that both sides (giving and receiving a bribe actors) precisely responsible before the law. The victim is almost no, except when there has been a possible extortion or bribe-giver voluntarily reported the bribe law enforcement or special state bodies.

Not every receipt - bribery committed with participation of a mediator. In order to evade responsibility takers carried out their activities in secret and hidden from potential witnesses and intermediaries.

The whole question of the object of a criminal assault has long been contentious. Undisputed is only bound by an object as an element of perstupleniya. The latter circumstance is a methodological basis for the issue of allocation of the object.

Renowned criminologist EI Kairzhanov wrote: " Because of the general provisions on the composition of the crime and the dialectical unity of its elements should be that the object does not always have clearly defined boundaries, his face in every crime or separate provisions of the Criminal Code, although it is always present in any part of the crime. In other words, the object of protection is not always portrayed in the disposition of the criminal law" *.

The above means that the specification of the object of a criminal assault is possible within a specific criminal case. The object can be understood in relation to the subject. In this class of offenses subject is, as previously stated, the normal operation of the state apparatus and the apparatus of local government. The name of the chapter, which placed the articles under consideration, said that the objects also serve the interests of public service and public administration.

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* См.: Каиржанов Е.И. Избранные труды. – Том 1. – Алматы. – 2008. – С. 127-128.

The high degree of importance of the legitimate interests of the public service and proper operation in the field of public administration also determines the high value of the object of a criminal assault respective corruption offenses. Objects protected by means of criminal law, in turn, suggests the social value of this object.

Main conclusions:

1. The overall structure of the corruption offenses of corruption crimes against interests of public service and public administration are the most dangerous and complex.

2. Corruption corrupts the civil service and public administration subordinates the interests of brokers of the shadow economy.

3. Corruption is able to radically distort the essence of the state, which was originally conceived as a reasonable system of intelligent management of all the processes of life and activity of society.

4. The subjects of corruption crimes has special features. These special features are associated with the status of a subject of his powers. Implementing powers directly affects the scope of the public interest and governance.

5. General object of this class of crime has a high social value and significance. Security facility in criminal procedure itself is an indicator of the degree of danger of this class of corruption crimes.

Questions for self-control:

1. What are the main characteristics of the criminal law of corruption crimes against the interests of public service and public administration?

2. Why is this class of corruption pres- tupleny recognized as crimes prestavlyayuschie threat to national security?

3. What kind of crimes related to corruption within Chapter 15 of the Criminal Code?

4. What features are characteristic of the subject of this class of crimes?

5. What are the main features of the object of corruption offenses within Chapter 15 of the Criminal Code?

Recommended reading:

1.Умбеталиев С.С. Проблемы предупреждения воспрепятствования законной предприниматель-

ской деятельности. – Алматы: «Ө ркениет». – 2002. – 256 с.

2. Дурдыев Р. Коррупция как негативное явление // Заң гер: Вестник права РК. – 2013. - №7 (144). – С.85-88.

3. Каиржанов Е.И. Объект преступления - инте-

ресы социальных субъектов // Избранные труды в 2-х томах. – Том 1. – Алматы: Экономика. – 2008. – С. 7-169.