ON CORRUPTION OF SOME NORMS OF CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The article addresses the problems of countering corruption in our country. Successful anti-corruption is hampered by the corruption of some criminal laws. The current Criminal Code of the Republic of Kazakhstan, adopted on July 3, 2014 (hereinafter referred to as the Criminal Code), contains corruption-related norms that contribute to the commission of corruption crimes in the process of their application. They are available both in the General part and in the Special part of the Criminal Code.

Corruption factors take place in the norms of the Criminal Code regulating institutions of exemption from criminal liability. They are associated with an excessively large number of types of exemption from criminal liability. The General Part of the Criminal Code provides for 9 types of exemption from criminal liability.

In addition to the above types of exemption from criminal liability provided for in the articles of the General Part of the Criminal Code, the notes to 43 articles of the Special Part of the Criminal Code provide for the so-called special types of exemption from criminal liability. They cover 104 corpus delicti, including 12 corpus delicti of minor gravity, 15 corpus delicti of moderate gravity, 37 corpus delicti, 27 corpus delicti of especially grave crimes.

An excessive number of norms of the Criminal Code on exemption from criminal liability leads to their frequent application, as a result, the principle of inevitability of responsibility and punishment and the principle of justice are often violated. The article proposes to reduce the number of these norms in order to reduce the corruption of the Criminal Code.