NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2018 No. 8

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan under the penal and criminal procedure legislation

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. "About practice of application of the legislation regulating the rights and obligations of persons which were injured from crimes" of April 24, 1992 No. 2 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 3, of June 25, 2010 No. 5, of April 21, 2011 No. 1):

And in preamble of the word of "crimes" shall be replaced with words 1) in heading "criminal offenses";

In all text of figure "80" to replace 2) with figures "76";

"Constitution" to add 3) in Item 1 after the word with words of Republic of Kazakhstan;

4) in Item 3:

exclude the word "any";

words to "crime", "crime", "crime" to replace respectively with words to "criminal offense", "criminal offense", "criminal offense";

exclude the words "moral or";

in paragraph three after the word "persons" to add with words "which powers are drawn up by the relevant power of attorney";

5) in item 4:

shall be replaced with words the words "initiations of legal proceedings" "from the moment of the beginning of pre-judicial investigation";

shall be replaced with words the words "Code of Criminal Procedure" "The code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure)";

Item 5-1 to state 6) in the following edition:

"5-1. The harm done as a result of making of criminal offense to the victim having the right to compensation from fund is compensated in cases according to the procedure and the size established by the Law of the Republic of Kazakhstan of January 10, 2018 No. 131-VI "About Fund of compensation by the victim".

The right to compensation at person arises directly right after recognition by his victim and is implemented by giving by it or his representative of the statement in the state body performing functions of criminal prosecution (becomes effective since July 1, 2020).";

7) in Item 6:

shall be replaced with words the words "about crimes" "about criminal offenses";

after the words "close relatives" to add with the words "spouse (spouse)";

after the words "is recognized to the victims" to add with words ", but not the representative of the victim";

after words of "close relatives" to add with the words "spouse (spouses)";

add paragraph two with the offer the second the following content:

"Close relatives, according to Item 11) of article 7 Code of Criminal Procedure, parents, children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons are.";

To state Item 7 in the following edition:

"7. The victim can perform protection of the rights and legitimate interests independently or by means of the representative allowed to participation in criminal procedure by the body conducting criminal procedure. In this case can be the representative both the lawyer based on the order, and any person, competent by law to represent the interests of the victim based on the power of attorney including close relatives.

If the victim is the minor or person who is not knowing language of legal proceedings or on the physical or mental condition not having opportunity independently to protect the rights and legitimate interests, participation of the legal representative and representative is obligatory. In this case as the representative only the lawyer elected the victim or his legal representative is allowed. The concept of the legal representative is this in Item 13) of article 7 Code of Criminal Procedure.

In case of violation of this requirement the sentence, the court order are subject to cancellation in any case.

In case of interrogation of the minor victim aged up to fourteen years or aged from fourteen up to eighteen years participate, along with legal representatives, the teacher and the psychologist.";

9) in Item 8:

to replace the word of "citizen" with the word "persons";

the word of "investigator" shall be replaced with words "the prosecutor, the investigator or the investigator";

10) in Item 9:

shall be replaced with words words of "preliminary inquiry" "pre-judicial investigation";

the word of "investigator" shall be replaced with words "person performing pre-judicial investigation";

Item 15 to exclude 11);

12) in Item 16:

offer in paragraph one to exclude second and third;

shall be replaced with words the words "about crime" "about criminal offense";

Shall be replaced with words 13) in Item 17 of the word "up to 15 years, his parents (adoptive parents) or the guardian answer if they do not prove that harm arose not on their fault, etc." "from fourteen to eighteen years, in case of the lack at it of property or other sources of the income sufficient for indemnification, harm shall be compensated completely or in missing part by his legal representatives if they do not prove that harm arose not on their fault.";

14) in Item 18:

replace the words "or the commission appointed by court for this purpose" with the word", experts";

shall be replaced with words the words "crimes" "criminal offense";

15) in Item 19:

shall be replaced with words the words "in inquiry, pretrial investigation" "during pre-judicial investigation";

words "inquiries, pretrial investigation" shall be replaced with words "pre-judicial investigation";

The word of "defendants" to replace 16) in Item 20 with the word of "convicts";

Shall be replaced with words 17) in Item 21 of the word of "judicial session" "the main legal proceedings";

18) in Item 23:

"protest" shall be replaced with words the word "the brought petition of the prosecutor";

words", cassation", ", cassation" to exclude;

19) in Item 24:

words", cassation", ", cassation", ", cassation" to exclude;

words "protest", "protest" to replace respectively with words "the petition of the prosecutor", "the petition of the prosecutor";

20) in Item 25:

"crime" shall be replaced with words the word "criminal offense";

words", the writ of appeal" shall be replaced with words "the claim, the petition in cassation procedure";

21) in Item 26:

words", cassation and supervising" to exclude;

the word "protests" shall be replaced with words "the brought petitions of the prosecutor and others";

To add 22) with Item 28 of the following content:

"28. According to article 4 of the Constitution of the Republic of Kazakhstan this normative resolution is included the law in force, is obligatory and becomes effective from the date of the first official publication.";

2. "About court practice on cases on plunder of firearms, ammunition, arms and explosives, illegal acquisition, carrying, storage, production or their sale, and negligent custody of firearms" of July 21, 1995 No. 4 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 5, of April 21, 2011 No. 1):

1) in preamble:

after words of Supreme Court to add with words of Republic of Kazakhstan;

the word "crimes" shall be replaced with words "criminal offenses";

the second offer of the second paragraph and paragraphs third, the fourth, the fifth, sixth, seventh to exclude;

"elimination of noted shortcomings and" to exclude words;

2) in all text:

replace figures "253", "251", "252", "254", "255" respectively with figures "289", "287", "288", "290", "291";

words of "crimes", "crime" to replace respectively with words of "criminal offenses", "criminal offense";

3) in Item 1:

the word "crimes" shall be replaced with words "criminal offenses";

in the paragraph the second the second and third offers to exclude;

The word "crimes" shall be replaced with words 4) in Item 2 "criminal offense";

5) in Item 3:

words "forces, technicians" shall be replaced with words "or other purpose,";

shall be replaced with words the words "force of powder gases" "energy of powder or other charge";

shall be replaced with words the word "crimes" "criminal offense";

The word "crimes" shall be replaced with words 6) in Item 5 "criminal offense";

Item 8 to add 7) with the paragraph the second the following content:

"If person stole alien property, without realizing that steals firearms (for example, plunder of the safe with the firearms stored in it), then in case of leaving of weapon by person for the purpose of further ownership, use of its action are qualified as plunder of firearms.";

8) in Item 10 of the word "Item) Article 255 parts three" shall be replaced with words "Item 2) Article 291 parts three";

To replace 9) in Item 11 of figure "377" with figures "446";

Shall be replaced with words 10) in Item 15 of the word "crimes" "criminal offense";

11) in Item 16 after the word "with approach" to add with words "the death of the person or";

12) in Item 17:

shall be replaced with words the words "with use of conditions of public disaster (mass riots, the conflicts on the international soil, etc.)" "in the conditions of emergency state, emergency situation, and also during mass riots";

words "l Item)" shall be replaced with words "Item 11)";

13) in Item 19:

words "the subitem 1) of part 3 of article 121 Code of Criminal Procedure" shall be replaced with words "Item 1) parts three of Article 118 of the Code of penal procedure of the Republic of Kazakhstan";

add with the paragraph the second the following content:

"The firearms illegally acquired, stolen, transferred to the possession of other persons, ammunition, arms and explosives according to Item 1) of part two of article 48 UK are subject to confiscation. In other cases they as physical evidences, are transferred to specialized divisions of law-enforcement bodies for permission of question of their secondary turnover in case of determination them to suitability and value or for destruction.";

To add 14) with Item of 21 following contents:

"21. According to article 4 of the Constitution of the Republic of Kazakhstan this normative resolution is included the law in force, is obligatory and becomes effective from the date of the first official publication.";

3. "About practice of application of the legislation on criminal liability for smuggling" of July 18, 1997 No. 10 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of April 30, 1999 No. 3, of June 18, 2004 No. 3, of December 22, 2008 No. 7, of April 21, 2011 No. 1):

1) in all text:

replace figures "209", "250" respectively with figures "234" and "286";

words "border customs" shall be replaced with words "border Eurasian economic";

shall be replaced with words words of "customs clearance" "customs declaring";

shall be replaced with words the word "crimes" "criminal offense";

"crimes" shall be replaced with words the word "criminal offenses";

shall be replaced with words the word of "crimes" "criminal offenses";

2) in Item 1:

"punishable administratively" shall be replaced with words words "the Republic of Kazakhstan provided by the Code about administrative offenses";

third to state the paragraph in the following edition:

"Concepts of customs and state borders are determined in the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and the Law of the Republic of Kazakhstan of January 16, 2013 No. 70-V "About Frontier of the Republic of Kazakhstan".";

3) in Item 3:

the word "Crime" shall be replaced with words "Criminal offense";

shall be replaced with words the words "from the moment of completion of customs clearance" "from the moment of registration of the customs declaration";

add with the paragraph the sixth the following content:

"In cases of movement of goods at the check points and other places determined by the legislation, but in unspecified working hours of customs authorities the criminal offense is considered ended from the moment of crossing of border.";

4) in item 4:

dash to exclude designation of paragraphs;

add with the paragraph the sixth the following content:

"Instruction of obviously false information in the statement for release of goods before submission of the declaration on goods or in the statement for making of transactions concerning temporarily exported vehicles of international delivery which are the goods placed under the procedure of temporary import (admission), including with submission of invalid documents, counterfeit or containing obviously false (false) information.";

to add the paragraph of the seventh with the offer the second the following content:

"In this regard in case of illicit movement of goods or other objects in large size through customs border of the Eurasian Economic Union on customs procedure of "customs transit" the deeds should be qualified under article 234 UK regardless of purpose of goods or objects for their use in the territory of state members of the specified union (internal transit), or the third countries (external transit).";

The paragraph the fourth to state 5) in Item 5 in the following edition:

"The non declaration or doubtful declaring is statement the customs applicant to customs authority with use of the customs declaration of false information on goods (the name, cost, quantity, weight, etc.) about the chosen customs procedure and (or) other data necessary for the customs purposes, or failure to carry out of obligation of submission of such statement with the specified data on goods in case of production of customs declaring.";

6) in Item 6-1:

the letters "a)", "b)" to exclude designation of paragraphs;

after words "according to" add with words "acting";

exclude the words "since February 1, 2011";

"customs" shall be replaced with words words "Eurasian economic";

7) in Item 7:

words "psychotropic, poisonous, strong, poisoning, radioactive or explosives, arms, military equipment, destructive devices, firearms and ammunition," shall be replaced with words "psychotropic substances, their analogs, precursors, the strong, poisonous, poisoning, radioactive materials, radioactive waste or nuclear materials, explosives, arms, military equipment, destructive devices, firearms, ammunition,";

shall be replaced with words words of "materials and the equipment" "materials, the equipment or components";

To state Item 8 in the following edition:

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