NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of July 18, 1997 No. 10

About practice of application of the legislation on criminal liability for smuggling

For the purpose of the correct and uniform application of the legislation on penal smuggling, the plenary session of the Supreme Court decides:

1. Economic smuggling, responsibility for which making it is stipulated in Article 234 Criminal Codes of Kazakhstan (further - UK), is understood as illicit movement of goods or other values and objects through customs border of the Eurasian Economic Union. Under smuggling of the objects or objects withdrawn from circulation which address is limited responsibility for which making is stipulated in Article 286 UK, illicit movement of such goods through customs border of the Eurasian Economic Union and (or) Frontier of the Republic of Kazakhstan is understood.

The circumstances delimiting penal smuggling from the smuggling provided by the Code of the Republic of Kazakhstan about administrative offenses and also from the customs offenses integrated to movement of goods and objects through customs border are the large amount of smuggling or movement of objects concerning which special rules are established.

Concepts of customs and state borders are determined in the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and the Law of the Republic of Kazakhstan of January 16, 2013 No. 70-V "About Frontier of the Republic of Kazakhstan".

Instruction in procedural investigative and court documents of large, especially large size and other qualifying smuggling signs, including special rules of movement concerning certain objects, is obligatory.

2. Illicit movement of goods or other values and objects can be made as by their import to customs area, and export them from this territory.

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