LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 23, 2014 No. 200-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of law-enforcement bodies

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; Art. No. 15-16, 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13; No. 3, Art. 26, 27; No. 4, Art. 30; No. 5, Art. 35, 36; No. 10, Art. 77; No. 12, Art. 84; 2013, No. 1, Art. 2; No. 4, Art. 21; No. 7, Art. 36; Art. No. 10-11, 54, 56; No. 14, Art. 72; No. 15, Art. 78; 2014, No. 1, Art. 9; No. 2, Art. 11; The Law of the Republic of Kazakhstan of March 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rehabilitation and bankruptcy, the taxation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on March 15, 2014):

1) in table of contents:

add with heading of Article 162-1 of the following content:

"Article 162-1. Participation in foreign armed conflicts";

exclude headings of Articles 227 and 227-1;

add with headings of Chapter 7-1 and Articles 227-2, 227-3, 227-4, 227-5, 227-6, 227-7, 227-8, 227-9, 227-10, 233-5 and 242-1 of the following content:

"Chapter 7-1. Crimes against safety of information technologies

Article 227-2. Illegal information access, in information system or information and communication network

Article 227-3. Illegal destruction or modification of information

Article 227-4. Intentional violation of work of information system or information and communication network

Article 227-5. Illegal occupancy by information

Article 227-6. Coercion to information transfer

Article 227-7. Creation, use or distribution of malicious computer applications and software products

Article 227-8. Illegal distribution of electronic information resources of limited access

Article 227-9. Provision of services for placement of the Internet resources pursuing the illegal aims

Article 227-10. Illegal change of identification code of the subscriber structure of cellular communication, device of identification of the subscriber, and also creation, use, distribution of programs for change of identification code of the subscriber device";

"Article 233-5. Passing of terrorist or extremist preparation";

"Article 242-1. Distribution of obviously false information";

Part one of Article 7 to add 2) with the paragraph the second the following content:

"Provisions of this Code are applied irrespective of the place of crime execution to citizens of the Republic of Kazakhstan, persons without citizenship who are constantly living in the territory of the Republic of Kazakhstan in cases of making of terrorist or extremist crime or crime against the world and safety of mankind if other is not established by the international treaty of the Republic of Kazakhstan.";

Paragraph two of part four of Article 67 to state 3) in the following edition:

"Provisions of this Article do not extend to persons who committed the crimes on imprudence which entailed the death of the person or the death of two and more persons, corruption crimes.";

To add 4) with Article 162-1 of the following content:

"Article 162-1. Participation in foreign armed conflicts

Intentional illegal participation of the citizen of the Republic of Kazakhstan in armed conflicts or military operations in the territory of foreign state in the absence of nayemnichestvo signs

it is punished by imprisonment for a period of three up to seven years.";

Articles 227 and 227-1 to exclude 5);

To add 6) with Chapter 7-1 of the following content:

"Chapter 7-1. Crimes against safety of information technologies

Article 227-2. Illegal information access, in information system or information and communication network

1. The intentional illegal access to the information protected by the law containing on the machine carrier, to information system or information and communication network, which entailed fundamental breach of the rights and legitimate interests of citizens or the organizations or the interests of society or state protected by the law

it is punished by penalty in the amount up to three hundred monthly settlement indicators or attraction to social jobs for a period of up to two hundred forty hours, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to two years or without that.

2. The same act made concerning national electronic information resource or national information systems

it is punished by penalty in the amount up to five hundred monthly settlement indicators or restriction of freedom for a period of up to one year, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to two years or without that.

3. The acts provided by parts one or the second this Article, which entailed heavy effects on imprudence

are punished by penalty at the rate to two thousand monthly settlement indicators or restriction of freedom for a period of up to two years, or imprisonment for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

Article 227-3. Illegal destruction or modification of information

1. Intentional illegal destruction or modification of the information protected by the law which is stored on the machine carrier containing in information system or transferred on information and communication network, and equally in input to information system of obviously false information if it entailed fundamental breach of the rights and legitimate interests of citizens or the organizations or the interests of society or state protected by the law,

are punished by penalty in the amount up to five hundred monthly settlement indicators or restriction of freedom for a period of up to one year, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to two years or without that.

2. Same acts, committed:

1) concerning national electronic information resource or national information systems;

2) group of persons by previous concert,

are punished by penalty at the rate to two thousand monthly settlement indicators or restriction of freedom for a period of up to two years, or imprisonment for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

3. The acts provided by parts one or the second this Article:

1) made by organized group;

2) the entailed heavy effects,

are punished by imprisonment for a period of three up to seven years with confiscation of property or without that, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

Article 227-4. Intentional violation of work of information system or information and communication network

1. The intentional actions (failure to act) directed to violation of work of information system or information and communication network

are punished by penalty at the rate to two thousand monthly settlement indicators or restriction of freedom for a period of up to two years, or imprisonment for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to two years or without that.

2. Same acts, committed:

1) concerning national electronic information resource or national information systems;

2) group of persons by previous concert,

are punished by penalty at the rate to four thousand monthly settlement indicators or restriction of freedom for a period of up to four years, or imprisonment for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

3. The acts provided by parts one or the second this Article:

1) made by organized group;

2) the entailed heavy effects,

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