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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of September 27, 2003 No. 15

About some questions of application by courts of the Kyrgyz Republic of the legislation on responsibility for crimes of official

Having studied court practice of consideration of criminal cases about crimes of official, the Plenum notes that courts generally consider cases of this category according to the current legislation.

At the same time by consideration of separate cases, were elicited the facts of the wrong application of the penal legislation that demonstrates that judges differently interpret the provision of the law, incorrectly qualify actions of the defendant, measures of punishment do not correspond to weight of deeds and the identity of the guilty person.

Mistakes in determination of the subject of crime are made, the circle of office powers of the official is not always researched and established and availability of causal relationship between violation of job responsibilities and the come harm becomes clear.

Courts make mistakes in case of otgranicheniye of abuse of official capacity from abuse of office, remuneration bribe from bribe - bribery.

Requirements of the law on individual approach to assignment of punishment to persons guilty of crimes of official are not always observed.

Measures to identification and elimination of the reasons and conditions promoting abuses and other crimes of official are insufficiently taken.

Plenum of the Supreme Court of the Kyrgyz Republic

decides:

1. Courts need to observe strictly the legislation on responsibility for crimes of official. By hearing of cases of this category, courts need to research carefully circumstances of each case, to establish circle of office powers of the official and, considering that investigation authorities shall take all measures provided by the law for comprehensive, complete and objective investigation of circumstances of the committed crime, and court, keeping objectivity and impartiality to provide to the parties of accusation and protection necessary conditions for realization of their rights to complete research of the facts of the case, to pay special attention on that all persons who committed crimes of official were revealed and made responsible.

a) persons performing legislative, executive or judicial authority and also employees of the state, tax or monitoring bodies given in the procedure established by the law administrative authority concerning persons which are not from them in job dependency or the right to make the decisions obligatory for execution by citizens, and also the organizations, irrespective of their departmental subordination (for example concern public agents: deputies of Jogorku Kenesh, deputies of local keneshes, members of the government, heads of executive bodies, judges of justice system, prosecutors, tax, customs authorities, bodies of the Ministry of Internal Affairs, SNB which are in public service auditors, the state inspectors, controllers, the military personnel in case of accomplishment of the obligations assigned to them on protection of public order);

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