NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 2020 No. 3

About some questions of application by courts of the legislation on cases on criminal offenses in the field of economic activity

For the purpose of ensuring the correct application of the legislation on cases on criminal offenses in the field of economic activity the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.

1. Draw the attention of courts that the correct application of the penal legislation by hearing of cases about criminal offenses in the field of economic activity provides protection of the rights and legitimate interests of the physical persons and legal entities protected by the law of interests of society and state.

2. By consideration of criminal cases about illegal entrepreneurship courts should mean that according to Item 1 of Article 10 of the Civil code of the Republic of Kazakhstan (further - group of companies) and to Item 1 of article 2 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Entrepreneurial code) entrepreneurship are the independent, initiative activities of citizens, kandas and legal entities directed to receipt of net income by use of property, production, sales of goods, performance of works, rendering services, based on the right of private property (private entrepreneurship) or on the right of economic maintaining or operational management of the state company (state entrepreneurship).

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