ANALYSIS OF KAZAKH LEGISLATION AND JUDICIAL PRACTICE IN CASES OF THEFT

Abstract

The article is devoted to the analysis of the legislation of the Republic of Kazakhstan and judicial practice in cases of theft classified as criminal offenses encroaching on other people's property.

The chosen topic is actualized by the fact that theft over the past 8 years since the entry into force of the Criminal Code of the Republic of Kazakhstan from 2014 to 2023 was the leader among all crimes committed in the republic as a whole. Only in the last 2 years, in 2023-2024, fraud outstripped theft in terms of its number. Statistical data on the number of all crimes registered in the Republic of Kazakhstan show that despite the annual decline in crime, theft, like fraud, occupies a large share in the crime structure and poses the greatest public danger due to its prevalence.

The work provides a criminal and legal description of theft as one of the forms of theft directed against other people's property, which violates everyone's right to own, use and dispose of legally owned property. The authors analyse the main, some qualified and especially qualified types of theft, describe the level and structure of theft, as well as the problems of qualifying individual types of theft.

The criminal legislation of the Republic of Kazakhstan providing for criminal liability for theft, statistical data and judicial practice in criminal cases of theft have been studied. A set of signs or legal properties of criminal theft cases has been subjected to the study. A review of the quantitative and qualitative indicators of all registered thefts, which are contained in official statistical data, was conducted in the republic as a whole for the period from 2020 to 2024. The various areas and methods of committing thefts identified by the investigative and inquiry authorities, as well as its varieties, have been identified.

The problems of the legal regulation of theft regulations in the Republic of Kazakhstan are identified and shown, as well as ways to solve them are proposed. Special attention is focused on the problems related to the qualification of thefts on certain grounds.