Article 209. Economic Contraband

1. The transferring in a large amount across the customs border of the Republic of Kazakhstan of goods or other objects, except for those indicated in Article 250 of the present Code, which is committed without customs supervision or with concealment from it, or with a fraudulent use of documents or means of customs identification, or the transferring which is associated with non-declaration or fraudulent declaration of prohibited, or restricted for transfer across the customs border, goods, items, or valuables, with regard to which special rules are established for their transfer across the customs border, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months with confiscation of property or without the same, or by detention under arrest for a period from four to six months, or by correctional labour for a period from one to two years, or by imprisonment for a period up to three years with a fine in an amount up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or without such a fine.

2. The same act committed:

a) repeatedly;

b) by person with the use of his service position;

c) with violence with regard to a person who carries out customs supervision, -

shall be punished by imprisonment for a period from two to five years with forfeiture of property, or without it.

3. Acts specified in the first or second part of this Article, committed as follows:

a) by a person authorised to carry out state functions, or by a person equated to such, where those functions are associated with the exercise of his office functions;

b) by an organised group,

shall be punished by deprivation of freedom for a period from three to eight years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years, and in the cases specified by paragraph a), up to seven years with confiscation of assets.

Note. Acts stipulated by this chapter shall be recognised as committed in a large amount, if the value of transferred goods exceeds one thousand monthly assessment indices.

Article 213. Non-Return of Funds in Foreign Currency from Abroad

A failure of the head of an organisation to return from abroad funds in a foreign currency in a large amount, which are subject, in accordance with legislation of the Republic of Kazakhstan, to obligatory transfer to accounts in a given authorised bank of the Republic of Kazakhstan, -

shall be punished by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

Note. The act stipulated by this Article shall be recognised as committed in a large amount, if an amount of unreturned funds in a foreign currency exceeds five thousand monthly assessment indices.

Date: 2014-12-21; view: 1135