Comment to article 139. Abuse of the rights of a guardian or trustee of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     The use of guardianship or guardianship for selfish or other base purposes to the detriment of the ward (ward) or the deliberate abandonment of the ward (ward) without supervision or necessary assistance, which entailed a significant infringement of the rights and legitimate interests of the ward (ward), —      

is punishable by a fine in the amount of fifty to one hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to one month, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or imprisonment for the same term.

     The public danger of this crime is that the procedure for guardianship and guardianship established by law is violated, as a result of which the interests of the ward are affected.      

The object of the crime is the legitimate interests and rights of the ward.      

On the objective side, the abuse of guardianship and guardianship rights is expressed in the use of guardianship and guardianship for selfish or other base purposes, for example, in the illegal occupation of the area of the ward (ward), in the use of his property left after the death of his parents, and so on, or in leaving the ward (ward) without supervision or necessary assistance, abuse of the duties assumed by the guardians (trustees) or their improper fulfillment, which entailed a significant infringement of the rights and legitimate interests of the ward (ward) – abandonment without upbringing, education, maintenance, not providing care and treatment for the ward (ward).      

On the subjective side, the crime in question can only be committed with direct intent.      

As for leaving a ward without supervision and necessary assistance, it can be committed with both direct and indirect intent. At the same time, the guardian (trustee) wants and consciously allows significant infringement of the rights and legitimate interests of the ward (ward).      

The subject of the crime is a special one. They can only be guardians or guardians who are physically sane and have reached the age prescribed by law. A guardian is a person who is duly registered as such (see Articles 100-118 of the Law of the Republic of Kazakhstan "On Marriage and Family" dated December 17, 1998).

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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