2. The subject of military corruption crimes
The general meaning of the subjects of military crimes are soldiers. The soldiers recognized: soldiers, sergeants and petty officers, passing military service, the military extended service - ensigns, warrant officers, as well as those of younger, older and high-ranking officers. On active duty consist cadets and students of military schools.
From soldiers to be distinguished military service. Military service - is the person who are in the reserve of the Armed Forces. They have served active duty in the Armed Forces, dismissed on legal grounds and are listed in the stock. As subjects of military crimes, they may act only and exclusively during military training. This category includes students who ranked in the military department of universities.
With regard to corruption offenses, the subject of the abuse, excess or inactivity of authority are military commanders and other officials of the army and navy, including Interior Ministry troops and border guards of Kazakhstan.
The foregoing means that the subject of the crimes has a special character. This specificity is determined by the status of a soldier, which is set in the normative legal acts regulating relations in the sphere of military service.
The military chief - is a soldier to whom all the rights and duties of a soldier under the Constitution and other acts. The right to give orders to the military commander, binding, due to its obligation to ensure the life and activities entrusted to him by the military unit functioning in combat or wartime.
Orders apply to the chief military servicemen, not only during their stay in the territory of military units, but also outside.
Military commanders can have the rank lower than his subordinate. Regardless, the military commander orders his subordinate mandatory.
In addition to the military chief subject of corruption offenses may act other officials. These include military personnel, endowed with administrative and organizational-administrative and economic functions. In doing so, they are not chiefs. For other officials are, for example, the intendant *, health inspector, etc.
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*Примечание: интендант – военнослужащий офицерского состава, ведающий вопросами снабжения войск продовольствием, обмундированием и т.п.
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