NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2009 No. 1

About some questions of application of the legislation on pseudo-entrepreneurship

For the purpose of the correct and uniform application of the current legislation about pseudo-entrepreneurship the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:

1. The pseudo-entrepreneurship - type of criminal offense in the field of economic activity in case of which the perpetrator creates (acquires) and uses subjects of private entrepreneurship, and equally directs them, without intention to perform business activity, in the illegal purposes provided by disposition of article 215 of the Criminal Code of Kazakhstan (further - UK) provided that these acts caused major damage to the citizen, the organization or the state.

At the same time it is necessary to understand only those actions which are investigated and incriminated to accused (defendant) within specific criminal case as the actions pursuing the aims, stipulated in Article 215 UK.

Criminal case regarding separate actions and circumstances on which for the objective reasons additional and long check at stage of pre-judicial investigation is required can be allocated in separate production according to the procedure of Article 44 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).

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