Article 306. Violation of International Rules of Flights

1. Non-compliance with routes indicated in a given permit, places of landing, air travel corridors, flight altitude, or other violation of rules for international flights, -

shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five months up to one year, or by correctional labour for a period up to two years, or by restriction of freedom for a period up to two years, or by detention under arrest for a period from three to six months, or 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.

2. The same acts which entailed a person's death or other grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

Chapter 13. Corruption Crimes and Other Crimes Against the Interests of the State Service and State Administration

Article 307. Abuse of Official Powers

1. Use by a person authorised to exercise state functions, or by a person equated to such person, of their official powers against the interests of the office for the purposes of extracting benefits and advantages for themselves or other persons and organisations, or for causing harm to other persons or organisations, where this caused significant violation of the rights and legitimate interests of citizens or organisations, or the interests of the society or of the state,

shall be punished by a fine in an amount from one hundred to two hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from one to two months or by deprivation of the right to hold certain positions or engage in certain types of activity for a period up to three years, or by detention under arrest for a period up to four months, or deprivation of freedom for a period up to two years.

2. The same act committed by an official person,

shall be punished by a fine in an amount from three hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict sentenced for a period from three to five months or deprivation of the right to hold certain positions or engage in certain types of activities for a period up to five years, or by deprivation of freedom for a period up to four years.

3. The same act, committed by a person holding a senior state position,

shall be punished by a fine in an amount from five hundred to eight hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from five to eight months or by deprivation of freedom for a period up to six years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to five year or without such.

4. Acts specified in the first, second or third parts of this Article, where they entail grave consequences,

shall be punished by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to seven years.

Notes.

1. Officials, deputies of the Parliament and of Maslikhats, judges and all civil servants in accordance with the Republic of Kazakhstan legislation concerning state service shall be recognised as persons authorised to exercise state functions.

2. The following shall be equated to persons authorised to exercise state functions:

1) persons elected to local self-government bodies;

2) citizens who have been registered as candidate Presidents of the Republic of Kazakhstan, deputies of the Republic of Kazakhstan Parliament and deputies of maslikhats as well as members of the elected bodies of local self-government in accordance with the procedure established by the law;

3) employees who permanently or temporarily work at the bodies of local self-government whose work remuneration is carried out from the state budget funds of the Republic of Kazakhstan;

4) persons who perform managerial functions at state-owned organisations and organisations at organisations in which the share of the state is not less than thirty-five percent.

3. Persons who permanently, temporarily or in accordance with a special authorisation perform functions of a representative of the state authorities or those that perform organisational or administrative and economic functions at the state bodies, bodies of local self-government, as well as at the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, shall be recognised as official persons.

4. Persons who hold positions established by the Constitution of the Republic of Kazakhstan, constitutional laws and other laws of the Republic of Kazakhstan for direct performance of functions of the state and authorities of state bodies and equally persons who hold political offices of civil servants in accordance with the Republic of Kazakhstan legislation concerning civil service, shall be understood as persons holding senior state positions.

Date: 2014-12-21; view: 1051