Criminal offence, crime and criminal misconduct by the new Criminal Code of Republic Kazakhstan: concepts and features of correlation
In this article author investigates questions of determination of concepts of «criminal offence», «crime» and «criminal misconduct» in the new Criminal Code of Republic Kazakhstan with theoretical issues of grounds of criminal responsibility. Within the concept of criminal offence in the Kazakhstan’s criminal legislation there are analyzed the features of correlation concept «crime» and «criminal misconduct». The types of crimes and criminal misconducts, legal characteristics of these types, forms of criminal responsibility for crimes and criminal misconducts were investigated in the article on the basis of the norms of new Criminal Code of Republic Kazakhstan.
The legal institutes of General Par of the Criminal Code of Republic Kazakhstan, their impact on the definitions of concept of the public danger of act and types of crimes and criminal misconducts are analyzed. Based on the grounds of criminal responsibility for criminal offences, crimes and criminal misconducts the following was investigated.
According to the article 10 of the Criminal Code of Republic Kazakhstan «Concept crime and criminal misconduct» criminal offences consist of crimes and criminal misconducts on the basis of the types of act’s public danger and penalty for acts. In the Criminal Code of Republic Kazakhstan were fixed the institute of criminal offence and their legal characteristics, depending on the severity of the criminal offence and penalty for crimes or criminal misconducts (within article 10 of General Part of the Criminal Code of Republic Kazakhstan). Two criteria of determining criminal offence’s concept and their legal issues are established.
In this research we analyze the types of crime and criminal misconduct within Chapter 2 of Criminal Code of Republic Kazakhstan, which provide norms of ground of criminal responsibility for crime and criminal misconduct. The types of punishment for crimes and criminal misconducts are researched. Article 10 of Criminal Code of Republic Kazakhstan defines different types of punishment for crimes and criminal misconducts.
The thesis analyzes characteristics of the components of public danger, components of criminal offences and grounds of criminal responsibility within article 10 of Criminal Code of Republic Kazakhstan. In these article the basis of theoreticalmethodological research and comparative law precondition of Kazakhstan’s criminal legislation impact on the further development of the criminal juridical norms of Ukrainian’s legislation are studied.
The author specifies the theoretical positions (directions) of analyzing concept of «criminal offence» and formal construction of the types of punishment for the crimes and criminal misconducts (art. 40 of Criminal Code of Republic Kazakhstan).
Berzin P. S. Zlochynni naslidky: poniattia, osnovni riznovydy, kryminalno-pravove znachennia : monohrafiia / P. S. Berzin. – K.: Dakor, 2009. – 736 s.