Criminal-legal characteristic of military corruption crimes

According to the list of corruption crimes specified in paragraph 29) of Article 3 of the Criminal Code and the provisions of Chapter 18, entitled " Military criminal offenses" to a class of corrupt military prestuleny include acts punishable under the following articles of the Criminal Code:

- 450 - abuse of power;

- 451 (paragraph 2), Part Two) - abuse of authority;

- 452 - government inaction.

Military service is regulated not only by the laws of a general nature, but also an integral system of normative legal acts that have a special character. Segregation requirements for military service due to the peculiarities of the functions performed by the Army and Navy. The most important legal regulation is Article 36 of the Constitution of the Republic of Kazakhstan. It reads: " Protection of the Republic of Kazakhstan is a sacred duty and responsibility of every citizen".

The army and navy are not alienated from the public authorities, they have features. These features include:

- Rigid centralization of controls;

- Strict hierarchy in the management system and specified disciplinary and other liability for violation of the hierarchy;

- Secrecy of the system, the structure of units, strategic documents;

- Local character of the dislocation of military units, whose territory is under protection;

- Regulation of the life and work of voinsskih units and special laws on military service, statutes, instructions, orders of the Minister of Defense;

- A significant increase in the degree of public danger of military criminal offenses committed in wartime or combat situation.

Order - is an order, an order for compulsory execution, the chief demands of the act or omission subordinate actions specified in the order of service.

It is necessary to distinguish between: war and military situation.

Wartime - the period when the Republic of Kazakhstan in the war.

Combat situations - time to find a military unit, a unit in a state of armed conflict with the enemy. Combat conditions caused by: a) the immediate vicinity of the enemy; b) the threat of attack; c) the threat of imminent collision with him; d) a reflection of attacks by armed gangs; d) repel an attack on the frontier.

The general definition of military criminal offenses in paragraph 6) of Article 3 of the Criminal Code. For military criminal offenses are acts against the established order of military service, committed by military personnel undergoing military service by conscription or under contract in the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, as well as citizens staying in the reserve, in the passage of fees.

The special degree of hazard associated with military crimes authorized, permitted access to military arsenal, combat equipment of land, water and air spectrum. Moreover, this access is associated with a special training aimed at possession of arms and military equipment. However, the legitimate use of special weapons and military equipment is designed to ensure the territorial integrity and security of the state from intruders, both outside and within the state of unrest.

Stated data are updated by the correct understanding of the category of military power in relation to corruption offenses.

According to A.A.Taranov, regulatory power resources associated with the right to make decisions binding. In the normative understanding of power is often seen as the ability of the subject of regulatory decisions and administrative nature*.

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* См.: Таранов А.А. Феномен власти в контексте проблем борьбы с организованной преступностью // Борьба с организованной преступностью и коррупцией: Материалы международной конференции. – Алматы: Алматинская высшая следственная школа ГСК Республики Казахстан. – 1996. – С. 130.

The situation is exacerbated by the influence of military regulations when Examples Kaz superior military commander is binding on subordinates.

In accordance with Article 450 of the Criminal Code offense of corruption is the abuse of the chief or official of authority or official position contrary to the interests of the service in order to reap the benefits and advantages for themselves or other persons or entities, or causing harm to other persons or organizations, if this has involved a substantial violation of human rights and the legitimate interests of citizens or organizations or legally protected interests of society and the state.

Head - the person who permanently or temporarily subordinated to the military career. In some cases, referred to as the chief commander.

The head, which at least temporarily subordinated career military man, is his direct superior, and direct your nearest Head - direct. Thus between ruler and repaired there are permanent or temporary service relationship, does not represent, however, the relationship of equal individuals. Head manages the activities of subordinate troops and responsible for their actions. He has the right to give orders to subordinates and demand their unquestioning performance *.

In this article of the Criminal Code 450 has four parts. Depending on the severity of the crime by law,

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* См.: Курманов К.Ш. Воинские преступления // Уголовное право Кыргызской Республики. (Особенная часть). – Бишкек. – 2000. – С. 563-607.

the following main types of punishment:

- On the first part - a fine of up to four thousand

MCI or correctional work in the same amount, or restriction of liberty for up to four years, or imprisonment for the same period;

- On the second part (if the act resulted in grave consequences) - deprivation of liberty for a term of four to seven years;

- On the third part (the offense is committed in a combat situation) - deprivation of liberty for a term of seven to fifteen years;

- For the fourth part (the offense is committed in time of war) - deprivation of liberty for a term of ten to twenty years or life imprisonment.

For all four parts of Article 450 of the Criminal Code provide for additional penalties: confiscation of property; lifelong deprivation of the right to occupy certain positions or engage in certain activities.

According to Article 451 (paragraph 2), Part Two) of the Criminal Code under the corrupt abuse of power or official authority means taking the chief or official action is clearly beyond its rights and powers, resulting in grave consequences or the commission for the purpose of gaining benefits and advantages for themselves or other persons or entities, or harm another person or entity.

For the offense provided the basic punishment of imprisonment for a term of five to seven years. In addition, there are additional penalties: confiscation of property; lifelong deprivation of the right to occupy certain positions or engage in certain activities.

According to the provisions of Article 452 of the Criminal Code under the inaction of the authorities meant failure or chief official of his duties in order to reap the benefits and advantages for themselves or other persons or entities, or causing harm to other persons or organizations, if this has involved a substantial violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state.

It is necessary to distinguish between the content side of the notion of " failure" of the concept of " non-compliance". Failure to close in meaning to the concept of " insubordination". Failure is an open and deliberate refusal to execute the order of the chief. Failure may be to inadvertently when the guilty person is not fully, not completely fulfill the order, without showing signs of the will to default *.

Article 452 of the Criminal Code provides for four parts. The main forms of punishment are defined:

- On the first part - a fine of up to three thousand MCI or correctional work in the same amount, or restriction of freedom for up to three years, or imprisonment for the same period;

- On the second part (if the act resulted in grave consequences) - deprivation of liberty for a term of four to eight years;

- On the third part (if the act is committed in a combat situation) - deprivation of liberty for a term

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* См.: Курманов К.Ш. Названное сочинение. – С. 573.

- For the fourth part (if the act is committed in time of war) - deprivation of liberty for a term of ten to

of five to ten years;

twenty years.

For all four parts of Article 452 of the Criminal Code provide for additional types nakzaany: confiscation of property; lifelong deprivation of the right to occupy certain positions or engage in certain activities