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The identity of the perpetrator
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| 2. The identity of the perpetrator
(Perpetrator) Economic crime is initially associated with the notion of white-collar crime, done by the high-ranking officials in the field of business. For the first time the term "white-collar crime" was introduced in the criminological turnover in 1945, the American Edwin Sutherland - Researchers crime problems in the United States. Under this code name means the totality of the crimes of officers authorized to carry out public functions (officials). Subjects of corruption crimes in the sphere of economic activity - one of the most difficult in the overall composition of a corruption offense. This is a special subject. Apart from the fact that the subject can be sane person who has reached at the time the crime was committed sixteen years of age, he should have a number of signs of a technical nature. These features are derived from both the provisions of the relevant articles of the Criminal Code providing for criminal penalties for corruption offenses and the provisions of Article 3 of the Law of the Republic of Kazakhstan "On fight against corruption" (as of April 1, 2011). _____________ * См.: Рогов И.И. Предупреждение экономической преступности // Предупреждение преступности – важнейшая составная часть государственной политики: проблемы решения, перспективы. – Алматы, 2004. – С. 9-14. According to the mentioned regulatory legal acts of the subjects of corruption offenses in the sphere of economic activity include the following groups. 1. Persons authorized to perform state functions and persons equated to them. The persons authorized to perform state functions, are all officials, members of Parliament and Maslikhats, judges, all public servants in accordance with the laws of the Republic of Kazakhstan on public service. The persons authorized to perform state functions, are equal: 1) persons elected to local governments; 2) The citizens registered in accordance with the law as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of Kazakhstan and maslikhats as well as members of elective bodies of local self-government; 3) employees permanently or temporarily working in local government, salaries are paid from the state budget of the Republic of Kazakhstan; 4) persons who perform administrative functions in public organizations, whose authorized capital the state share is not less than thirty-five per cent, as well as organizations, state share (not less than thirty-five percent) in the share capital of which transferred to the national managing holding, national development institutions, national companies and their subsidiaries. Analysis of articles of the Criminal Code, attributable to corruption offenses in the sphere of economy, allows to see in people as subjects, especially that related to the qualification of the act. In accordance with Article 215 of the Criminal Code false entrepreneurship - is the creation of private enterprise or acquisition of shares (stakes, shares) of other legal entities, providing the right to determine their decisions, without the intention to carry on business, in order to illegally obtain credit or exemption, or concealing forbidden activities or extraction of other property benefit, or to facilitate the commission of such acts, as well as guide them, if these acts have caused major damage to the citizen or the state. If these acts are committed by a person authorized to perform public functions or an equivalent person or official, or person occupying a responsible public office, if they (the action) involves the use of his official position, they refer to corruption ( paragraph 3), the second part). In accordance with Article 216 of the Criminal Code corruption crime is considered a subject of __________________ * Примечание: счет-фактура – это: 1) в торговых отношениях товарный документ, выписываемый продавцом на имя покупателя и удостоверяющий поставку товара или оказание услуг и их стоимость; 2) оформленный на имя юридического лица или гражданина документ, в котором отражаются данные о денежных обязательствах одной из сторон либо о взаимных денежных обязательствах с учетом получаемых и выплачиваемых денежных средств. Особое значение имеют банковские счета. private entrepreneurship action on invoicing* without actually works and services, shipment of goods to recover property benefit, causing major damage to citizens, organizations or the state, if these acts were committed a person authorized to perform public functions or an equivalent person or official, or person occupying a responsible public position if it (the act) involves the use of his official position (4), second part). In accordance with Article 217 of the Criminal Code creation and management of financial (investment)** pyramid - is the organization of activities to extract income (property) benefits from attracting money or other property or the right to a physical and (or) legal entities without the use of borrowed funds on business activities providing commitments, through the redeployment of these assets and the enrichment of some participants at the expense of other contributions, as well as management of financial (investment) pyramid or its structural division. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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