1-тақырып. Жалпы ережелер
The growth of financial potential of the shadow economy, destroying and reducing to insignificant official economic policy
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- 6. The upward trend in organized forms of corruption.
- 3. The classification of corruption crimes
| 5. The growth of financial potential of the shadow economy, destroying and reducing to insignificant official economic policy. Shadow capital is based and developed on korruptsionizme. Laundering "dirty" sheniem corruption offenses.
______________________ * См.: Темербеков А.А. Теоретические проблемы борьбы с преступностью в Республике Казахстан в условиях глобализации / Автореф. дис. д.ю.н. – Алматы, 2005. – С. 28-29. 6. The upward trend in organized forms of corruption. Studies show that corruption offenses, usually with criminal proceeds in the process of removing the drug dealing, weapons smuggling works of art, raw materials and goods, extortion of the income of the middle and small businesses, as well as extortion from criminal activities of other criminal organizations. Corruption provides a cover for the criminal acts of individuals who use their official position, agreed to receive assistance on an ongoing basis. Often, corruption has its monetary funds formed of deductions of crime aimed at bribing officials*. 3. The classification of corruption crimes Depending on the object of a criminal assault that has certain characteristics sectoral nature, corruption offenses to classify It should follows: - Corruption crimes against property; - Corruption crimes in the sphere of economic activity; - Corruption offenses against morality; __________________ * См.: Мауленов Г.С. Основные характеристики преступности в Республике Казахстан. – Алматы: Ғылым, 1999. – с. 163-176. - Corruption crimes against the civil service and public administration; - Military corruption offenses. The assignment of a composition to a specific class is possible within the provisions of the Criminal Code, containing a list of acts is certainly attributable to corruption offenses. This list is not subject to arbitrary and broad interpretation and may be changed or amended except in accordance with applicable law. According to para. 29, Art. 3 of the Criminal Code corruption offenses are acts punishable under the following articles of the Criminal Code: - 189 (paragraph 2), Part Three) - embezzlement of entrusted property; - 190 (paragraph 2), Part Three) - Fraud; - 215 (item 3), Part Two) - lzhepredprinima- ment; - 216 (claim 4), second part) - the commission of acts of the invoice without the actual performance of work, provision of services, the shipment of goods; - 217 (paragraph 3), the third part) - the creation and management of financial (investment) pyramid; - 218 (claim 1), part three) - legalization (laundering of) money and (or) other property derived from criminal activity; - 234 (claim 1), part three) - Economic smuggling; - 249 (item 3), Part Three) - coercion to commit the transaction, or to the refusal of its fulfillment; - 307 (paragraph 3), the third part) - the organization of illegal gambling; - 361 - abuse of power; - 362 (paragraph 2), Part Four) - abuse of power or official authority; - 364 - illegal participation in entrepreneurial activity; - 365 - obstruction of legitimate business activity; - 366 - accepting a bribe; - 367 - giving a bribe; - 368 - Intermediation in bribery; - Forgery 369; - 370 - omissions in the service; - 450 - abuse of power; - 451 (paragraph 2), Part Two) - abuse of authority; - 452 - government inaction. Class of corruption crimes against property are acts provided in Art. 189 (paragraph 2), Part Three) of the Criminal Code. Class of corruption crimes in the sphere of economic activity are the acts referred to in Articles 216 (paragraph 4), part two); 217 (item 3), Part Three); 218 (claim 1), Part Three); 234 (claim 1), Part Three); 249 (paragraph 3), the third part) of the Criminal Code. Class of corruption crimes against public health and morality are acts punishable under Article 307 (paragraph 3), the third part) of the Criminal Code. Class of corruption crimes against the interests of public service and public administration are the acts referred to in Articles 361; 362 (paragraph 2), Part Four); 364-370 of the Criminal Code. Class of military corruption offenses include acts referred to in Articles 450; 451 (paragraph 2), Part Two); 452 of the Criminal Code. Further consideration and investigation of corruption crimes will be carried out separately for each class of the above crimes. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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