NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 24, 1992 No. 2

About practice of application of the legislation regulating the rights and obligations of persons which were injured from criminal offenses

Having discussed practice of application by courts of the legislation regulating the rights and obligations of persons which were injured from criminal offenses the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:

1. Draw the attention of courts that in their activities for consideration of socially dangerous infringement of victim's identity, its political, labor, housing and other personal and property rights and interests guaranteed by the Constitution of the Republic of Kazakhstan there are massive faults reducing the level of ensuring legal security of the victims.

2. Courts should mean that ensuring execution by the victims of the obligations assigned to them to be on challenge and to give truthful evidences, strict and consecutive observance of their rights promotes establishment of the truth on case and the resolution of the legal, reasoned and fair decision.

3. Person to whom moral, physical or property harm is done by socially dangerous act directly irrespective of whether person who made this act was established, made responsible is recognized to the victims. On cases on unfinished criminal activities (preparation for criminal offense, attempt at criminal offense) recognition of person by the victim is made in case of the actual causing moral, physical or property harm.

Person cannot be acknowledged injured if moral, physical or property harm was caused by voluntary consent to damnification (for example, in case of the address concerning criminal abortion, in case of bribery, etc.).

Acknowledged legal entity to whom the criminal offense does property harm can be the victim. In this case the rights and obligations of the victim are performed by the representative of the legal entity whose powers are drawn up by the relevant power of attorney.

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