NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 1995 No. 9

About practice of application by courts of the legislation on responsibility for bribery

For the purpose of uniform and correct application of the current legislation about responsibility for bribery the plenary session of the Supreme Court DECIDES:

1. Explain that by law to criminal liability for taking of a bribe persons whose concept is this in notes to article 307 of the Criminal Code of Kazakhstan (further - UK) are subject.

As the subject of this crime it is necessary to recognize also those persons who though had no powers for accomplishment for the benefit of the briber of the corresponding actions, but owing to the official capacity could take for bribe measures to making of these actions by other persons.

2. The money, securities, material values rendered gratuitously, but which are subject to service payment and also the privileges granting the right to property can be subject of bribe (production of construction, repair work; provision sanatorium or tours, tickets; provision on favorable terms loans or credits, etc.).

3. By hearing of cases about bribery it is always necessary to find out, for accomplishment or what failure to carry out of actions for the benefit of the briber person gets bribe. At the same time it must be kept in mind that responsibility for bribery comes irrespective of time of receipt of bribe by person - to or after making of action or failure to act and also irrespective of whether the bribe was in advance caused, whether any operations for the benefit of the briber are performed.

Obtaining by person from persons of money or other values subordinate or under control to it for protection or connivance on service, for the favorable solution of the questions entering its competence shall be regarded as taking of a bribe.

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