NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 18, 2004 No. 1

About application by courts of the legislation on responsibility for some environmental criminal offenses

For the purpose of the correct and uniform application by courts of the legislation on environmental criminal offenses, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. For ensuring the correct application of the law by hearing of cases on environmental criminal offenses courts in each case should find out what ecological requirements and (or) rules shall be followed during the implementing of economic and other activity, production, storage and use of ecologically dangerous substances, making of other actions (water, hunting, felling of trees and bushes, etc.) and also by what regulatory legal acts these requirements and rules are established, meaning that the regulations of the penal statute establishing responsibility for making of environmental criminal offenses are blanket.

2. Any physical persons, including persons authorized on accomplishment of the state functions and persons equated to them, officials, and also persons holding the responsible state position and faces performing managerial functions in the state and non-state, commercial or non-profit organizations can be subjects of environmental criminal offenses.

In cases when environmental criminal offenses are commited by person, authorized on accomplishment of the state functions and persons equated to them, the official, and also person holding responsible state position or person performing managerial functions in commercial or non-profit organization, in the presence in their actions also of signs of the abuse of ex-officio full powers or powers of the person performing managerial functions in commercial or non-profit organization, their actions should be qualified under the relevant articles of the Criminal Code of Kazakhstan (further - UK) providing responsibility both for environmental criminal offense, and for corruption and other criminal offenses against interests of public service and public administration or criminal offense against interests of service in commercial and other organizations.

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