ON THE ISSUE OF CRIMINAL LEGAL NORMS IMPROVEMENT ON THE RESPONSIBILITY FOR OIL STEALING
Keywords:
oil, embezzlement, court, sentence, group of persons, jurisdiction, confiscation, responsibilityAbstract
The article examines and analyzes the issues of improving criminal law on liability for theft of oil. The most pressing problems arising in law enforcement practice are considered. In the context of solving actual problems of law-enforcement practice and the criminal-legal theory, the issues of imposing a fair punishment for a socially dangerous act committed are investigated. The subject of the research is a set of practical and theoretical problems of qualifying theft of oil, committed by theft, signs and circumstances affecting the correctness of the criminal law assessment of the specified crime. A number of scientifically based conclusions were developed and made, and reasoned proposals were made to the domestic legislator aimed at changing and supplementing the norms of the current Criminal Code and the Criminal Procedure Code of the Republic of Kazakhstan. In order to prevent this kind of crime, part 1.2 of the Art. 197 of the Criminal Code to introduce as an additional measure of punishment - “with or without confiscation of property”. It is also proposed to add to the disposition of the same article a qualifying sign - the commission of a crime by a group of persons by prior agreement, since most of the crimes of this type are committed precisely by two or more persons, without creating an organized criminal group. However, this act is qualified as a criminal misconduct (part 1 and part 2 of article 197 of the Criminal Code), where the penalty is limited to paying fines. Oil is a strategic raw material, and oil and gas pipelines are specially protected objects; therefore, it is proposed to carry out a preliminary investigation by the internal affairs or national security agencies that have begun a pre-trial investigation. In order to prevent crimes in the field of oil theft and to replenish the state budget, it is proposed to introduce the multiplicity of fines in Part 1 of Article 355 of the Criminal Code of the Republic of Kazakhstan from 2000 MСI to 3000 MСI.