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The subjects of corruption crimes against interests of public service and public administration
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Даристер жинагы (1)
| 2. The subjects of corruption crimes against interests of public service and public administration
General subject of the crimes in question - a responsible person who has attained the age of sixteen. In addition, the subjects of these crimes may be the official or public servant. This fact is the basis for the designation of these entities as a special. Special character is expressed in the following subjects: - The laying on of the persons on behalf of the State of certain responsibilities; - Their failure or improper performance on the part of the subject is conscious, deliberate character. The civil servant, the subject of corruption tional crimes can be represented as a citizen of the Republic of Kazakhstan, who is paid public office and exercising the powers granted to it for the implementation of the tasks and functions of the state. Articles 366 and 367 of the Criminal Code (bribery and bribery) of the subject can also make an official of a foreign state or an international organization. As pointed out by S.M. Rakhmetov and G.S. Maulenov, public servants are so-called political civil servants. The political positions include positions engage in political civil servants: 1) appointed by the President of the Republic of Kazakhstan and their deputies; 2) nominated and elected by the Chambers of the Parliament of Kazakhstan and the Chairman of the House of Parliament and their deputies; 3) for the Department to ensure the activities of the courts under the Supreme Court of the Republic of Kazakhstan (the unit of the Supreme Court) and his deputies; 4) are the representatives of the President and the Government in accordance with the Constitution; 5) heads (heads) central executive authorities and their deputies *. In addition, it is important to bear in mind that under Article 4 of the Law of the Republic of Kazakhstan "On state service" to the public servant does not include persons engaged in the maintenance and functioning of the state organs. Therefore, they are not recognized by persons authorized to perform public functions and therefore can not be considered as subjects of corruption crimes. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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