The objective side of the Crime of Genocide under the Criminal Code of the Republic of Kazakhstan

Abstract

This article sets the basic goal of analyzing the objective side — one of the elements of the international  crime of genocide, provided for in Article 168 of the Special Part of the current Criminal Code of the  Republic of Kazakhstan. In this regard, the authors, using special and general scientific methods, point out those necessary signs that characterize the externa manifestation of this socially dangerous act in reality, considering the norms of the special UN Convention on Genocide. As a result, the authors conclude that the
murder of at least one member of a particular demographic group, as well as harm to his health and moderate severity, should be qualified as genocide. In addition to it, there is the need to recognize the infliction of mental disorder on members of the protected group as a mandatory sign of the objective side of the crime. Lastly, the article draws attention to the fact that, given the identified gaps and reasonable arguments, a provision is formulated on the significance of a different interpretation of the criminal law norm under consideration. Therefore, we recommend consolidating Part 1 of Article 168 of the Criminal Code of the Republic of Kazakhstan in a new edition.