Military criminal offenses committed by military personnel
Military criminal offenses committed by military personnel are acts directed against the established order of military service. These offences are provided for in chapter 18 of the Criminal Code of the Republic of Kazakhstan. They are committed by military personnel who are conscripted or under contract in the Armed Forces, other troops or military formations, as well as by citizens in reserve during training camps.
Paragraph 6 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines military criminal offenses as acts that violate the established procedure for military service and are committed by military personnel or citizens in reserve during training camps. These offenses are covered by Chapter 18 of the Criminal Code of the Republic of Kazakhstan.
Commentary and clarification:
1. Military offenses are aimed at protecting discipline and order in the armed forces, and their components include various types of crimes:
Article 437. Disobedience or other non-fulfillment of an order
Article 438. Resisting the boss or forcing him to violate his official duties
Article 439. Violent actions against the boss
Article 440. Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them
Article 441. Unauthorized abandonment of a unit or place of service
Article 442. Desertion
Article 443. Evasion or refusal of military service
Article 444. Violation of the rules of combat duty
Article 445. Violation of the rules of protection of the State Border of the Republic of Kazakhstan
Article 446. Violation of the statutory rules of guard duty
Article 447. Violation of the statutory rules of internal service or patrol in the garrison
Article 448. Violation of the rules of the supervisory service
Article 449. Violation of the rules of service for the protection of public order and ensuring public safety
Article 450. Abuse of power
Article 451. Abuse of power
Article 452. Inaction of the authorities
Article 452-1. Inaction in the service of the boss
Article 453. Negligent attitude to service
Article 454. Abandonment of a dying warship
Article 455. Surrender or abandonment of the means of warfare to the enemy
Article 456. Voluntary surrender
Article 457. Looting
Article 458. Disclosure of classified information of a military nature or loss of carriers of classified information of a military nature
Article 459. Deliberate destruction or damage of military property
Article 460. Careless destruction or damage of military property
Article 461. Loss of military property
Article 462. Violation of rules for handling weapons, as well as substances and objects that pose a danger to others
Article 463. Violation of the rules of driving or operating cars
Article 464. Violation of flight rules or preparation for them
Article 465. Violation of the rules of navigation
Article 466. Driving cars, navigating ships, controlling a military aircraft by a person under the influence of alcohol, drugs or substance abuse, transferring driving or control, or allowing such person to drive or control military equipment
2. Chapter 18 of the Criminal Code of the Republic of Kazakhstan covers all types of crimes that military personnel can commit while on duty or during military training. These crimes have a special legal nature, as they are related to military duties and subordination to military regulations.
3. The Law "On Military Service and the Status of Military Personnel" regulates general issues related to military service, including rules, duties and responsibilities of military personnel. Military crimes violate established norms and damage both discipline in the army and the defense capability of the state.
4. The Civil Code of the Republic of Kazakhstan may regulate property relations in cases where military offenses lead to property damage, for example, in cases of damage to military property.
5. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan. The rulings of the Supreme Court are an important source of judicial practice on military offenses. For example, the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 28, 2005 No. 6. "On judicial practice in cases of military criminal offenses" explains the specifics of the qualification of military offenses and approaches to their consideration by the courts.
Responsibility for military crimes:
Military personnel who commit these offenses are criminally liable, and punishments may include both imprisonment and other measures such as fines, disciplinary penalties, demotion or dismissal from the army. Military crimes are considered as acts that undermine the general defense capability and military discipline, and therefore they require a strict approach.
Military criminal offenses are separated into a separate category, since they relate to a special sphere of public relations — the order of military service. Their regulation is aimed at maintaining military discipline and ensuring the combat readiness of the armed forces.
The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.
This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.
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