NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2017 No. 3

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 application of the legislation on the cases connected with drug trafficking, psychotropic and toxic agents" of May 14, 1998 No. 3 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of April 30, 1999 No. 2, of December 22, 2000 No. 19, of July 11, 2003 No. 7, of April 21, 2011 No. 1):

Heading to state 1) in the following edition: "About application of the legislation on the cases connected with drug trafficking, psychotropic substances, their analogs and precursors";

2) in all text:

after words of "substances", "substances", "substance", to "substances", "substances" to add respectively with words ", their analogs", ", their analogs", "their analog,", to "their analogs", ", their analogs";

the words "Crime", "crime", "crimes", "crimes", "principal offender", "each crime", "the subject of crime", "this crime" to replace respectively with the words "Criminal Offence", "criminal offense", "criminal offenses", "criminal offenses", "the contractor of criminal offense", "each criminal offense" of "the subject of criminal offense", "this criminal offense";

"organized group or criminal society (the criminal organization)" shall be replaced with words words "criminal group";

3) in Item 1:

the words "About Drugs, Psychotropic Substances, Precursors and Measures of Counteraction to Their Illicit Trafficking and Abuse of Them" shall be replaced with words "of July 10, 1998 No. 279-I "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" (further - the Law on drugs).";

Item 1-1 to exclude 4);

Paragraph one to state 5) in Item 2-1 in the following edition:

"Illegal transportation of drugs, psychotropic substances, their analogs and precursors according to the subitem 14) of article 1 of the Law on drugs are any actions for movement within the Republic of Kazakhstan of drugs, psychotropic substances, their analogs and precursors irrespective of method of transportation and the storage location made with violation of the law of the Republic of Kazakhstan.";

6) in Item 3-1:

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

words of "1-1 article 259 UK", "2 Articles 259", "2-1 Article 259" to replace "3 Articles 259", "4 Articles 259" respectively with words "the fourth article 296 of the Criminal Code of Kazakhstan (further - UK)", "the first Article 297", "the second Article 297", "third Article 297", "the fourth Article 297";

7) in Item 7-1:

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

the words "2 articles 259", "2-1 Article 259" to replace "3 Articles 259", "4 Articles 259" respectively with words of "the first Article 297", "the second Article 297", "third Article 297", "the fourth Article 297";

8) in Item 8 of the word "on the Item of part 3 of article 259 of the Criminal code" shall be replaced with words "on Item 2 parts three of article 297 UK";

9) in Item 9-1:

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

the words "2 articles 259", "2-1 Article 259" to replace "3 Articles 259", "4 Articles 259" respectively with words of "the first Article 297", "the second Article 297", "third Article 297", "the fourth Article 297";

10) in Item 9-2:

shall be replaced with words words of "article 259 UK" "Articles 296, 297 UK";

11) in Item 9-3 of the word "on Item) parts 3 of Article 259", "2-1 Article 259", "on Item in) parts 3 of Article 259", "on Items) and c) parts 3 of Article 259" to replace respectively with the words "on Item 2 parts three of Article 297", "the second Article 297", "on Item 3 parts three of Article 297", "on part three Items 2 and 3 of Article 297";

To add 12) in Item 9-4 after words of "the Law of the Republic of Kazakhstan" with the words "of September 15, 1994 No. 154-XIII";

To replace 13) in Item 10 of figure "250" with figures "286";

14) in Item 11:

to "the law of the Republic of Kazakhstan "On drugs, psychotropic substances, precursors and measures of counteraction to their illicit trafficking and abuse of them" "shall be replaced with words" words to the law on drugs";

third to exclude the paragraph;

shall be replaced with words the words "Art. 272" to "Article 310";

15) in Item 12:

replace figures "265" with figures "303";

in the second offer "harmful" to replace the word with the word of "heavy";

the third offer to exclude;

16) in Item 13:

replace the words "Art. 265", "Art. 260", "Art. 265" respectively with words of "Article 303", "Article 298", "Article 303";

17) in Item 14:

words "Item in) Article 260 parts two", "Article 263 part three" to replace respectively with words "Item 3 parts two of Article 298", "Item of 1 part three of Article 301";

replace figures "265" with figures "303";

18) in Item 15:

in the paragraph the second to replace the words "item of part two of Article 261", "on Item and) parts three of the specified Article" respectively with the words "on Item 2 parts two of Article 299", "on Item of 1 part three of the specified Article";

in paragraph three of the word "Art. 261" shall be replaced with words "Article 299";

word in paragraph four "Item) parts three of Art. 261 and the corresponding part three of article 103 UK" shall be replaced with words "to Item 2 parts three of Article 299 and the corresponding part of article 106 UK";

word in paragraph five "Item and)" shall be replaced with words Article 261 parts three "Item of 1 part three of Article 299";

To replace 19) in Item 16 of figure "264" with figures "302";

Item 17-1 to exclude 20);

21) in Item 18:

the first offer to state in the following edition:

"The bases of release from criminal liability are specified in the note to article 296 UK, the provided list is exhaustive.";

shall be replaced with words words of "bodies of pretrial investigation or inquiry" "the bodies performing functions of criminal prosecution";

Shall be replaced with words 22) in Item 19 of the word "Art. 88" "Article 91";

23) in Item 20 of the word "Item the second parts three of article 121 Code of Criminal Procedure RK" shall be replaced with words "Item 2 parts three of Article 118 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure)";

24) in Item 21:

shall be replaced with words the words "Art. 387 of the Code of Criminal Procedure of RK" "article 405 Code of Criminal Procedure";

Designation of paragraphs 2, of 3, the 4th dash to exclude 25) in Item 22.

2. "About practice of application of the legislation on indemnification caused by illegal actions of the bodies conducting criminal procedure" of July 9, 1999 No. 7 (with changes and additions made by the normative resolution of the Supreme Court of the Republic of Kazakhstan of June 25, 2010 No. 6):

1) in heading of the word "Resolution of the Plenum" shall be replaced with words "The normative resolution";

2) in preamble the word "plenum" shall be replaced with words "plenary meeting";

3) in Item 2:

state paragraph two in the following edition:

"implementation of criminal prosecution in the absence of the claim of the private prosecutor on cases on the criminal offenses listed in parts two and third Article 32 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure), except the cases specified in part four of this Article";

third to exclude the paragraph;

4, the 5th dash to exclude designation of paragraphs;

in paragraph five:

the words "p. 2 of Art. 33 of the Code of Criminal Procedure", "article 67 UK", "69, of 75, 85 UK" to replace the Art. of the Art. respectively with words "part four of article 32 Code of Criminal Procedure", "part one of article 68 UK", "articles 71 and 88 of the Criminal Code of Kazakhstan (further - UK)";

in paragraph six of the word "crimes", "arrest is chosen" to replace respectively with words of "criminal offense", "detention is chosen";

4) in Item 3:

in paragraph one:

shall be replaced with words words of "Articles 39-47" "Articles with 37 on 42";

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