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Theme 11. Military corruption offenses



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Theme 11. Military corruption offenses


Plan
1. Criminal-legal characteristic of military corruption crimes
2. The subject of military corruption crimes


3. The object of military corruption crimes


1. Criminal-legal characteristic of military corruption crimes

According to the list of corruption crimes specified in paragraph 29) of Article 3 of the Criminal Code and the provisions of Chapter 18, entitled "Military criminal offenses" to a class of corrupt military prestuleny include acts punishable under the following articles of the Criminal Code:


- 450 - abuse of power;
- 451 (paragraph 2), Part Two) - abuse of authority;
- 452 - government inaction.
Military service is regulated not only by the laws of a general nature, but also an integral system of normative legal acts that have a special character. Segregation requirements for military service due to the peculiarities of the functions performed by the Army and Navy. The most important legal regulation is Article 36 of the Constitution of the Republic of Kazakhstan. It reads: "Protection of the Republic of Kazakhstan is a sacred duty and responsibility of every citizen".
The army and navy are not alienated from the public authorities, they have features. These features include:
- Rigid centralization of controls;
- Strict hierarchy in the management system and specified disciplinary and other liability for violation of the hierarchy;
- Secrecy of the system, the structure of units, strategic documents;
- Local character of the dislocation of military units, whose territory is under protection;

- Regulation of the life and work of voinsskih units and special laws on military service, statutes, instructions, orders of the Minister of Defense;


- A significant increase in the degree of public danger of military criminal offenses committed in wartime or combat situation.


Order - is an order, an order for compulsory execution, the chief demands of the act or omission subordinate actions specified in the order of service.

It is necessary to distinguish between: war and military situation.




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