CC BY
124
The new Criminal Law
a criminal organization, the criminal community, transnational organized group, transnational criminal organizations, transnational criminal and terrorist groups, extremist group, gang, is illegal paramilitary structure [1]. Legislative group organized criminal group referred to the new law, a criminal organization, etc. to introduce the concepts. Former adopted on July 13, 1997, the Criminal Code, it ceases to relate to a crime committed by an organized group in the composition
of the heavy component [2], and he referred to the structure of the most aggravating. I. e. criminal groups, criminal organizations, and other responsibilities of the crimes committed by the same group. More than 500 large and a large amount of damage to the monthly cost of real estate in excess of the amount of damage, and the largest amount in the amount of more than 2000 times the value of the property and provided that the amount of damage [1].
References:
1. Crime Code of the Republic of Kazakhstan, 3rd July 2014. - No. 226-V.
2. Administrative Offences Code of the Republic of Kazakhstan No. 155 dated January 30, 2001. Code of the Republic of Kazakhstan dated 05.07.2014. - No. 235-V invalid.
3. Criminal Code of the Republic of Kazakhstan, July 16, 1997. - No. 167 LRK. July 3, 2014 of the Republic of Kazakhstan invalid Code - No. 226-V.
Beysenova Meruert Kylyshbaevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law
Togaybayev Ruslan, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law E-mail: B_ali_77@mail.ru
The new Criminal Law
Abstract: In this article experts’ opinions about the reasons and the features, about the innovations introduced in the New Code of the Republic of Kazakhstan are described which is in force from 2015.
Keywords: Humanitarian principles, crime, economic pressure.
The New Criminal Code came into force on the 1st of January, 2015, to nominate the strategy of the President’s message called “Kazakhstan-2050” “The new political trend of a developed state”.
The reasons of adopting the new Code: many changes took place in our country from 1998 till this morning. If we count them: the development of the country’s economics flow into new market direction, appeared new information crimes, medical crimes, kind of terrorist offenses, bribery began to grow. That’s why the old Code could not answer them. We need new Criminal Code to prevent from so-called crimes.
If we name features and innovations of the new Code: first of all Criminal violation divides into two according to its degree of hazard identification and punishment to public: crimes and criminal offences. According to new Code, dangerous action (action or inactivity) to public is called crime, but criminal offence is an action, which is not dangerous but probability of an action that brings intangible harm to humans or to public, to country. The second, there are forty six articles from the Code ofAdministrative Offences, there are one hundred and three articles from the Criminal Code in force and new seven articles, that are from one hundred and fifty six articles composed kind of criminal offences introduced into law. The whole new Code consists of general and special sections:
seven parts, eighteen items and all together four hundred and sixty seven articles. New items: the seventh item is about informational and communicational criminal offences, the twelfth item is about medical offenses are added. First discovered new articles that are part of the crime are to clown people; illegal actions in the adoption of a child; illegal export of minors abroad; during armed concern criminal offences of international humanitarian law; to organize the bases for the preparation of mercenaries; to organize extremist groups and petty extortion; to put a person to rule the airplane or ship, who is not a specialist in, such a new components of the crime are introduced into the Criminal Code. The third, the New Criminal Code is based on the principles of truthfulness, humanitarian, equality of citizens before the law, only they are responsible when they are guilty. According to the law principles the concept of crime and punishment are given only in the Criminal Code. Offender shall be punished by the same criminal liability regardless of gender, nationality, origin, property or official position, religious belief, despite the attitude of public organizations and political parties before the law. To ensure the safety of a person and citizen is the sincere purpose of the New Criminal Code of the Republic of Kazakhstan. That’s why to committed a serious crime, to organizers of crime, to the active participants of criminal
105
Section 15. Science of law
groups assign severe punishment, and vice versa to have mercy on violated the law for the first time, sincerely repentant, committed crime is an innoxiously to people, to society, to the country, is humanitarian side of the new Code. One more side of the humanitarian principles of the new Criminal Code is a special item for teenagers’ criminal liability. There are items of exemption from liability according to their age sensor and psychological development of teenagers. The fourth, there is much economic pressure to committed a criminal offence and to offender. Ifwe count the imposed fines for criminal offences
are from 25 monthly calculation index (MCI) to 500 MCI, for crime from 500 MCI to 10 000 MCI, but in the articles for taking bribe, giving bribe and to mediate bribery appointed punishment in accordance with the Code sanctions.
In conclusion to prevent the so-called crimes, upbringing and humanization is the basic rule of the new Criminal Code. The new Criminal Code complies with the international legislation, law standards. To be part of the thirty developed counties, as our President says, is to stand in the developed countries row.
References:
1. The Criminal Code of the Republic of Kazakhstan adopted by the 1st ofJanuary, 2015.
2. “The law newspaper" 29/01/2015 11:32/law/14 Arykbay Agybayev (Professor of the Kazakh National University of Al-Pharabi, honored worker of Kazakhstan).
3. “The newspaper". “Сыр бойы" latest news/10/10/2014 08:53/number of publications: 835 Kyzylorda DIA Chief of Police Colonel management inquiry Zhanazarov A.
Beysenova Meruert Kylyshbaevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law Ashyrova Gulmyra Talgatovna, undergraduate, the Faculty of Law E-mail: B_ali_77@mail.ru
The international system of copyright protection in the Republic of Kazakhstan
Abstract: In this article questions of protection of copyright in the Republic of Kazakhstan are considered. Keywords: protection, copyright, internationally, intellectual.
In all periods of human history, the result of the work of writers, poets, artists, scientists, became the basis of human and spiritual wealth of society. In a market economy, literature, art and science, as well as the results of creative activity, the primary means of human and spiritual life of society, and not only becomes an indicator of the level of development of market relations in the form of a special kind of turnover was formed as an object. Objective processes in the world, primarily in the rapid development of scientific and technological progress and spiritual well-being is not only the creator, as well as opening up new horizons for consumers. In this regard, the famous American composer, actor, producer B. Sherman’s words: “What a creative person in the country to find out what the most respected way — easy to get acquainted with these copyright laws of the state" In the West, the scope of the copyright pays more attention from the government to be one of the developed countries have opened the way to become world leaders in the field of industrial products [1].
Cash, which is equivalent to 500 billion. Equal to that of the US dollar clothing, cars, computers, and more than the total number of aircraft, including for export. As the Republic of Kazakhstan, we define the level of intellectual property in the future welfare of the citizens of the state, has gained importance as
a valuable resource forehead. Such as the former Soviet Union, the national intellectual property system began to take shape after the country gained independence and autonomy. Thus, in accordance with the Cabinet of Ministers of the Republic of Kazakhstan in 1992 on the basis of copyright law department of the All-Union Agency of Kazakhstan organized by the State Agency on Copyright and Related Rights. In 1996 he composed the State Agency on Copyright and Related Rights “Copyright and Related Rights" (the Copyright Law) Law of the Republic of Kazakhstan. Currently, the main function of copyright in 2001, organized by the Ministry ofJustice of the Republic of Kazakhstan entrusted to the Committee on Intellectual Property Rights. One of the main goals of this organ of state regulation of relations in connection with the observance of the rights of authors, legal literacy, as well as supervision of persons with intellectual property. Until recently, most practical day-to-day intellectual property rights for citizens who do not have good legal concept. Currently, the World Intellectual Property Organization carried out a number of international treaties, agreements and conventions, is a full member, nevertheless found that there was a lack of copyright protection in the country and internationally. Thus, the management representatives of the European union of private companies operating in
106
