Kazakhstan
Introduction of the category of "criminal offence" into the criminal legislation of the Republic of Kazakhstan has generated a number of theoretical and practical issues, especially in the context of identifying this category, as well as its form — criminal wrong / misconduct — from administrative offences. This article examines the problems of the relationship among various types of offences regulated by the acting legislation of the Republic of Kazakhstan, against the background of the ongoing legal reform. Particular attention is paid to administrative offences, criminal wrongs and crimes. An analysis of the legal nature of these acts based on such a key criterion as the degree of public danger made it possible to determine the specifics of each type of offence. The author demonstrates his position regarding the role of criminal wrong / misconduct as a new legal category not previously existing in Kazakhstan jurisprudence, as well as its place in the system of illegal acts and the prospects for legislative development. As a result of the study, the main features that distinguish administrative offences, criminal wrongs and crimes are identified, as well as those that are of practical value for scientific discussions, improvement of legislation and law enforcement activities of law enforcement agencies.
administrative offence, criminal offence, criminal wrong / misconduct, crime, social danger, legislation, act
1. Galperin I. M. Social and other foundations of depenalization. Soviet state and law, 1980, 63—69. (In Russ.).
2. Korobov P. V. Criminal wrong: "pros" and "cons". Jurisprudence, 1990, 90—97. (In Russ.).
3. Kuznetsova N. F. Crime and criminality. Moscow: Publishing house of Moscow University; 1969: 232. (In Russ.).
4. Nikiforov B. S. Object of the crime. Moscow: Gosyurizdat; 1960: 230. (In Russ.).
5. Durmanov N. D. The Concept of crime. Moscow; Leningrad: Academy of Sciences of the USSR; 1948: 242. (In Russ.).
6. Kuznetsova N. F. Crime and criminality. Categories: particularly serious crimes, crimes and criminal wrongs. Moscow; 1962: 585. (In Russ.).
7. Trainin A. N. General doctrine on the corpus delicti. Moscow: Gosyurizdat; 1957: 258. (In Russ.).
8. Lunev A. Ye. Administrative responsibility for offences. Moscow: Gosyurizdat; 1961: 110. (In Russ.).
9. Subotsky Yu. V. Administrative offence and crime. Moscow University Bulletin. Series "Law", 1959, 170—179. (In Russ.).
10. Belyaev N. A. Criminal-legal policy and ways of its realization. In: Belyaev N. A. Selected works. Saint Petersburg: Legal center Press; 2003: 86—87. (In Russ.).
