THE QUESTION ABOUT THE SUBJECT OF HIDING A CRIMINAL OFFENSE

Abstract

The Republic of Kazakhstan is the second country in the former Soviet Union after Uzbekistan, which was introduced into the criminal law a special kind of official acts as a "Shelter of crime," regulated article 363-1 of the criminal code of the Republic of Kazakhstan (as amended 1997). At the moment, therefore, carried out the reform of criminal legislation, this norm is presented as "the Hideout of a criminal offense" and is regulated by article 433 of the criminal code of the Republic of Kazakhstan (as amended 2014). In this article the author presents statistical data of this type criminal offense, characterize the level of compliance by employees of internal Affairs bodies of registration and registration discipline, the observance of which is essential to reflect real information about the number and nature of registered criminal offenses for a specific period of time. From the presented statistical data, the author focuses on the increase in the number of employees of internal Affairs bodies in respect of which the initiated pre-trial investigation of the article 433 of the criminal code of the Republic of Kazakhstan. In order to counter cover criminal offences, the Ministry of internal Affairs of the Republic of Kazakhstan instructed about the study of forensic investigative practices and prosecution practices in criminal matters of the harbouring of criminal offences. Pursuant to these guidelines, the author analyzes the criminal-legal characteristics of the subject of shelter of criminal offences. Special attention is paid to the terminology used about the persons as subjects, who are variously presented in the normative legal acts of direct importance to this aspect of the study. Analysis of the opinions of well-known scientists-lawyers and developed proposals for improvement of legal technique in article 433 of the criminal code of the Republic of Kazakhstan.