NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 23, 2006 No. 6

About court practice on cases on racketing

Due to the changes in the legislation of the Republic of Kazakhstan the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. The racketing is among crimes for profit against property.

Subject of racketing are: alien property (things, money, including foreign currency, securities, objektivirovanny results of creative intellectual activities, trade names, trademarks and other means of individualization of products): the right to property (the will, the insurance policy, the receipt, the agreement, the warrant for receipt of these or those values, different types of securities and other document granting to it the right to property) or making of other actions of property nature (service of nonequivalent content, for example, allegedly for "protection of the room", for "assistance" in sales of products, destruction of the debenture, refusal of debt in common property, decrease in interest rates, production of any works, etc.).

The racketing is considered ended at the time of presentation to the victim of the property requirements connected to the corresponding threats irrespective of, the guilty person of the desirable purpose reached acquired required property, the rights to property or achieved making by the victim of actions of property nature.

2. In case of qualification of actions of the perpetrator as racketing it is necessary to establish the specific type of threat provided in law disposition, meaning that injured from threat of the racketeer it can be as the owner or person, in introduction or under protection of which there is property, and their relatives. The form of expression of threat for qualification of racketing does not matter (oral or written, stated personally or through the intermediary, formulated frankly or in the veiled form), however its content shall be apprehended by the victim unambiguously according to its actual sense.

For qualification of actions of the racketeer insignificantly by whom this threat can be realized: him or his accomplices.

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