Koszhanov А.S. K.associate professor of legal sciences

Nurlybai master student

Karaganda Economic University

Short stories of criminal statute on questions of fight against the organized crime

On July, 3, 2014 the Head of the state signed the new Criminal code of Republic of Kazakhstan, that was inured on January, 1 2015, [1]. The basic short stories of criminal statute are aimed at realization of directions of criminal politics defined by Conception of legal politics from 2010 to 2020, ratified by Decree of the President of Kazakhstan on Augusts, 24, 2009 and also oriented to description of the present criminology situation in the a country.

In particular, in accordance with point 2.8. of conception of legal politics the further development of criminal statute must come true on the basis of realization of twovectorial criminal politics which means that humanizing must affect the people who are first committing crime small and middle weight, and also socially vulnerable groups of population-expectant and lonely mothers, having on maintenance minor children and elderly people . At the same time, in conception there is a necessity to carry out a hard criminal policy to persons guilty in the commit of severe and especially severe crimes, hiding from the criminal proceeding, and also not to those who don’t want to become on the way of correction and steadily choose their place in rows of criminals-recidivists [2].

One of important innovations is the double-link system of criminal punishable acts consisting of crimes and criminal misconducts being at the "joint" of administrative offences and crime. The row of administrative offences trenching upon the personality, the rights of minor, public safety and public peace, and also crimes of small weight for that punishment is not used presently as imprisonment is in their number. The system of punishments is substantially processed with an accent on wider use of measures alternative to imprisonment. The institute of relapse suffered conceptual changes, in particular the operating rules of awarding punishment are eliminated [3].

The feature of some norms dictates a necessity (to-review them) in details, to understand how important they are in national legal practice in the process of providing of effective multilateral co-operation on counteraction to the modern defiance of criminal element. The republic of Kazakhstan as well as many countries of the CIS strengthens a fight against the organized crime being one of basic factors destabilizing the public peace impedimental to realization of socio-economic development and presenting the threat of democracy and stability. We will mark that in new criminal code of Kazakhstan both national and foreign legal and practical experience is largely taken into account. In addition, our legislators had task to set the norms of a new law so that they should match, from one side, the international standards in the fight against the organized crime, and from another side, they should take into account the specific of national legal base. The accumulated scientific and practical experience of the fight against the organized crime gives clarifications of some concepts characterizing the different forms of participation. Some of them  used to be evaluation concepts and to cause difficulties during qualification. Now will assist the decline of errors in legal practice.

So, on new criminal code of Kazakhstan such forms of participation as organized criminal group, criminal organization, criminal society, transnational lorganized group, transnational criminal organization, transnational criminal society, terrorist group, extremist group, band, illegal militarized forming will be called "Criminal group" (p.24 article 3 CC RK). Concepts, kinds, responsibility of participation, and also the features of criminal responsibility of the different forms of participation on new CC RK are regulated by art. 27-31.

Thus, the most dangerous forms of participation are: organized group, criminal organization, criminal society, transnational organized group and transnational criminal society. Such new forms of participation are taken into account, as, a band, illegal militarized forming, so, a band means the organized group pursuing the aim of attacking citizens or organizations with application or threat of application of the weapon or objects used as a weapon (p.7 art 3 CC RK); the illegal militarized forming is a forming not provided by the legislation of Republic of Kazakhstan (association, detachment, brigade or another group consisting of three and more persons) having an organizational structure of the militarized type possessing undivided authority, military efficiency, hard discipline (p.18 art 3 CC RK).

A new concept of criminal society is an association of two or more criminal organizations entering into a conspiracy for the joint commit of one or some criminal offences as well as independent commit of one or some criminal offences of any of these criminal organizations (p.23 art 3 CC RK). The concept of person occupying leading position–this person is provided by the leaders of the organized groups (criminal organizations) with power for coordination of criminal acts, or the person, whose members of group acknowledge the right to undertake the most responsible decisions, affecting their interests and qualificatory direction and character of their criminal activity (p.32 art 3 CC RK).

In article 266 of new CC RK  there is a concept of financing of activity of criminal group, as well as storage, distribution of property, development of channels of financing which considerably simplifies qualification of these crimes at investigation. The measures of criminal punishment become tougher in new CC RK. Because the only type of punishment- imprisonment is reserved for the crimes committed in composition of the organized criminal groups, related to infliction of death to the man, especially severe crimes ‘‘including the terroristcorruption’’ and also military crimes committed in a war-time or in a battle situation. On the whole the measures of criminal punishment become tougher for crimes committed by a criminal group, and also for involving minor in activity of criminal group (p.5 art. 132 CC RK (15 from 10 years with a lifetime deprivation of the right to occupy certain positions or carry on certain activity).

The sanction articles is increased and the latter are especially severe types of crimes which are responsible for the extremist crimes committing by a criminal group. (p.3 art 174 CC RK, p.2 art. 256 CC RK etc.). Thus, it should be noted that in new CC RK there are thoroughly enough and the most substantial aspects touching the organized crime, however it eliminates possibility of further improvement of current legislation. At the same time, the introduction of new criminal statute will allow to identify the ways of further development and improvement of legislative base on a fight against the organized criminal activity by the analysis of legal practice in future.

List of literature

1. Criminal code of Republic of Kazakhstan from July, 5 2014 №234 // Electronic resource:http://adilet.zan.kz/rus/search/docs/fulltext

2. Conception of legal politics of Kazakhstan from 2010 to 2020 // Kazakhstanskaya Pravda from 7.09.2010, №188 (25635).

3. Merkel I.D. Presentation of project of criminal code in a new release in Majilis // Electronic resource: http://vlast.kz/article/new criminal code will come into force from 01.01.2015-3278.html