LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 2022 No. 136-VІI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of procedure for passing of law-enforcement service, increase in legal and social security and responsibility of staff of law enforcement, special state bodies and the military personnel, interagency coordination, independence of law-enforcement bodies, strengthening of responsibility for separate criminal offenses and traffic in weapons

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Criminal Code of Kazakhstan of July 3, 2014:

Article 32 part three paragraph two after the word "room" to add 1) with words ", or with arson of the dwelling, room";

2) in Article 147:

the paragraph one of part two after the word "processings" to add with words "(except for distribution)";

the paragraph one of part three to add with words ", and is equal in the relation of person or his relatives in connection with implementation by this person of office activities or accomplishment of professional or social duty for the purpose of hindrance of such activities or from revenge for it";

the fourth and fifth to state parts in the following edition:

"4. Distribution of the data on private life of person which are its personal or family secret without its consent or causing essential harm to the rights and legitimate interests of person as a result of illegal distribution of other personal data -

it is punished by imprisonment for a period of three up to six years.

5. Making of the actions provided by part four of this Article in public statement, publicly shown work, in mass media or with use of networks of telecommunications, including via the Internet, and is equal in the relation of person or his relatives in connection with implementation by this person of office activities or accomplishment of professional or social duty for the purpose of hindrance of such activities or from revenge for it -

it is punished by imprisonment for a period of three up to seven years.";

3) paragraph one of part one of article 286 after words of "firearms" to add with words "the gas gun and the revolver, gas weapon with possibility of firing by cartridges of traumatic action, pneumatic weapon with dulny energy over 7,5 of J, okholoshchenny, alarm and throwing weapon, the main (compound) parts to them,";

In paragraph one of part one of Article 288 of the word "accessories to it" shall be replaced with words 4) "its main (compound) parts";

In paragraph one of part one of Article 291 of the word "accessories to it" shall be replaced with words 5) "its main (compound) parts";

To add 6) with Articles 370-1 and 370-2 of the following content:

"Article 370-1. Failure to act on service of person holding responsible state position, or other head of law enforcement or special state body

The failure to act on service of person holding responsible state position in law enforcement or special state body, or other head of law enforcement or special state body expressed in rejection within the powers of measures for suppression of the attack on citizens which is directly threatening their life, the armed occupation of buildings, destruction of property of citizens or the organizations by all-dangerous method if this act is made in the conditions of emergency state or entailed heavy effects, -

it is punished by restriction of freedom for a period of up to seven years or imprisonment for the same term.

Note. In this Article:

other head of law enforcement agency is understood as the head of the territorial or equated to it body or separate division of law enforcement agency;

other head of special state body is understood as the head of department, territorial authority, public institution, separate division of special state body.

Article 370-2. Refusal or evasion of the employee of law enforcement or special state body of fulfillment of duties of service

1. Refusal of the employee of law enforcement or special state body of execution of the order given in accordance with the established procedure, the done essential harm to interests of service, and the evasion of the employee of law enforcement or special state body from fulfillment of duties of service made by malingering or causing to itself any damage (mutilation) of either other harm to the health, or forgery of documents, or other deception, which did essential harm to interests of service is equal -

are punished by penalty in the amount up to hundred twenty monthly settlement indicators or corrective works in the same size, or arrest for a period of up to thirty days.

2. The acts provided by part one of this Article:

1) made in the conditions of emergency situation or mass riots;

2) connected with safety of protected persons or objects, -

are punished by restriction of freedom for a period of up to six years or imprisonment for the same term.

3. The acts provided by part one of this Article, made in the conditions of emergency or warlike situation or which entailed heavy effects -

are punished by imprisonment for a period of three up to ten years.

Note. In this Article protected persons and objects are understood as persons and objects protected according to the Law of the Republic of Kazakhstan "About Service of the state protection of the Republic of Kazakhstan".";

Articles 379 and 380 to state 7) in the following edition:

"Article 379. Disobedience to the public agent

1. The disobedience to the legal requirement or the order of the public agent made in the conditions of emergency situation or during mass riots, and is equal in the area where state of emergency is declared, or in the anti-terrorist operation zone, -

it is punished by penalty at the rate to two thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to six hundred hours, or restriction of freedom for a period of up to three years, or imprisonment for the same term.

2. The act provided by part one of this Article committed:

1) group of persons, group of persons by previous concert;

2) repeatedly, -

it is punished by penalty at the rate to four thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to one thousand two hundred hours, or restriction of freedom for a period of up to five years, or imprisonment for the same term.

Article 380. Threat or violent acts concerning the public agent

1. Threat of murder, damnification to health, damage or destruction of property concerning the public agent or his relatives in connection with execution of the service duties by it or from revenge for accomplishment of service duties -

it is punished by penalty at the rate to two thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to six hundred hours, or restriction of freedom for a period of up to two years, or imprisonment for the same term.

2. The act provided by part one of this Article committed:

1) group of persons, group of persons by previous concert or criminal group;

2) in the conditions of emergency situation or during mass riots;

3) in the area where state of emergency, or in the anti-terrorist operation zone is declared;

4) by means of use of networks of telecommunications, including the Internet, -

it is punished by penalty at the rate to three thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to eight hundred hours, or restriction of freedom for a period of up to three years, or imprisonment for the same term.

3. Use of violence, not life-threatening or health, concerning persons and based on which are specified in part one of this Article, -

it is punished by penalty at the rate to four thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to one thousand hours, or restriction of freedom for a period of two up to four years, or imprisonment for the same term.

4. The act provided by part three of this Article committed:

1) concerning two or more persons;

2) concerning person, obviously for the guilty person who is down and out, and equally integrated to kidnapping or taking of the hostage;

3) group of persons, group of persons by previous concert or criminal group;

4) with the purpose to hide other crime or to facilitate its making;

5) repeatedly;

6) concerning obviously minor;

7) in the conditions of emergency situation or during mass riots;

8) in the area where state of emergency is declared, or in the anti-terrorist operation zone, -

it is punished by restriction of freedom for a period of three up to seven years or imprisonment for the same term.

5. Use of violence, life-threatening or health, concerning persons and based on which are specified in part one of this Article, -

it is punished by imprisonment for a period of seven up to twelve years.

6. The act provided by part five of this Article committed:

1) concerning two or more persons;

2) concerning person, obviously for the guilty person who is down and out, and equally integrated to kidnapping or taking of the hostage;

3) with special cruelty;

4) group of persons, group of persons by previous concert or criminal group;

5) with the purpose to hide other crime or to facilitate its making;

6) repeatedly;

7) concerning obviously minor;

8) in the conditions of emergency situation or during mass riots;

9) in the area where state of emergency is declared, or in the anti-terrorist operation zone, -

it is punished by imprisonment for a period of ten up to fifteen years.";

8) the second Article 380-1 to add part with Item 11) of the following content:

"11) in the conditions of emergency situation or during mass riots, -";

Article 409 to state 9) in the following edition:

"Article 409. Threat or violent acts in connection with implementation of justice or pre-judicial investigation

1. Threat of murder, damnification to health, damage or destruction of property concerning the judge, the jury member, and equally in their relatives in connection with hearing of cases or materials in court -

it is punished by penalty at the rate to four thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to one thousand hours, or restriction of freedom for a period of up to four years, or imprisonment for the same term.

2. The same act made concerning the prosecutor, person performing pre-judicial investigation, the defender, the expert, the bailiff, the legal executive, and equally in their relatives in connection with implementation of pre-judicial investigation, consideration of the case or materials in court or execution of sentence, the judgment or other court resolution -

it is punished by penalty at the rate to three thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to eight hundred hours, or restriction of freedom for a period of up to three years, or imprisonment for the same term.

3. The acts provided by parts one or the second this Article committed:

1) group of persons, group of persons by previous concert or criminal group;

2) in the conditions of emergency situation or during mass riots;

3) in the area where state of emergency, or in the anti-terrorist operation zone is declared;

4) by means of use of networks of telecommunications, including the Internet, -

are punished by restriction of freedom for a period of up to five years or imprisonment for the same term.

4. Use of violence, not life-threatening or health, concerning persons and based on which are specified in parts one or the second this Article, -

it is punished by restriction of freedom for a period of three up to seven years or imprisonment for the same term.

5. The act provided by part four of this Article committed:

1) concerning two or more persons;

2) concerning person, obviously for the guilty person who is down and out, and equally integrated to kidnapping or taking of the hostage;

3) group of persons, group of persons by previous concert or criminal group;

4) with the purpose to hide other crime or to facilitate its making;

5) repeatedly;

6) concerning obviously minor;

7) in the conditions of emergency situation or during mass riots;

8) in the area where state of emergency is declared, or in the anti-terrorist operation zone, -

it is punished by restriction of freedom for a period of five up to ten years or imprisonment for the same term.

6. Use of violence, life-threatening or health, concerning persons and based on which are specified in parts one or the second this Article, -

it is punished by imprisonment for a period of ten up to fifteen years.

7. The act provided by part six of this Article committed:

1) concerning two or more persons;

2) concerning person, obviously for the guilty person who is down and out, and equally integrated to kidnapping or taking of the hostage;

3) with special cruelty;

4) group of persons, group of persons by previous concert or criminal group;

5) with the purpose to hide other crime or to facilitate its making;

6) repeatedly;

7) concerning obviously minor;

8) in the conditions of emergency situation or during mass riots;

9) in the area where state of emergency is declared, or in the anti-terrorist operation zone, -

it is punished by imprisonment for a period of twelve up to seventeen years.";

To add 10) with Article 452-1 of the following content:

"Article 452-1. Failure to act on service of the chief

The failure to act on service of the chief expressed in rejection within the powers of measures for suppression of the attack on citizens which is directly threatening their life, the armed occupation of buildings, destruction of property of citizens or the organizations by all-dangerous method if this act is made in the conditions of emergency state or entailed heavy effects, -

it is punished by restriction of freedom for a period of up to seven years or imprisonment for the same term.".

2. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

1) in Article 187:

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