An extremist group is an organized group that aims to commit one or more extremist crimes.

Paragraph 40 of article 3 of the Criminal Code of the Republic of Kazakhstan defines the term "extremist group". According to this paragraph, an extremist group is an organized group that pursues the goal of committing one or more extremist crimes. This concept emphasizes that an extremist group must have an organized structure and be aimed at committing acts of an extremist nature.

Characteristics of an extremist group:

An extremist group has the following key features:

1. Organization – the group has an internal structure, planning and separation of roles.

2. Purpose – the main purpose of its existence is to commit one or more extremist crimes.

3. Extremist orientation – the group's activities are related to the implementation of ideas or actions aimed at undermining the constitutional order, inciting social, national or religious hatred, or committing other acts classified as extremist crimes.

Legislative framework:

1. The Law of the Republic of Kazakhstan "On Countering Extremism" defines measures to combat extremism, including responsibility for the creation, leadership or participation in extremist groups. Article 7 of this Law describes the measures taken by the State to prevent and suppress the activities of such groups.  

2. The Law "On National Security" – this law considers extremist groups as a threat to national security, and specifies measures to neutralize them and curb their activities.

3. The Criminal Code of the Republic of Kazakhstan:

  - Article 182. Creation, leadership of an extremist group, or participation in its activities is the creation of an extremist group, as well as its leadership. – provides for criminal liability for the creation, leadership and participation in an extremist group. Persons participating in such a group are criminally responsible for the very fact of participation, as well as for crimes committed by the group.

  - Article 405. Organization and participation in the activities of a public or religious association or other organization after a court decision banning their activities or liquidation in connection with their extremism or terrorism - Organization of activities of a public or religious association or other organization in respect of which there is a court decision that has entered into force banning their activities or liquidation in connection with the implementation of They are victims of extremism or terrorism.

Comments and clarifications:

1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 8, 2017 No. 11. – On some issues of judicial practice on the application of legislation on terrorist and extremist crimes:

  - The group has a goal of committing an extremist crime.

  - Organization and planning of actions.

  - The proven involvement of individuals in such groups (for example, through participation in the preparation, financing or execution of extremist actions).

  Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated December 28, 2009 No. 7. - On the application of the norms of criminal and criminal procedure legislation on the observance of personal freedom and inviolability of human dignity, countering torture, violence, and other cruel or degrading treatment and punishment.

Practical application:

In the judicial practice of Kazakhstan, when considering cases related to extremist groups, the courts pay attention to evidence confirming that the group was organized specifically for the purpose of committing extremist crimes. This may include data on coordination of actions, recruitment of participants, joint planning of crimes and the use of violent methods to achieve extremist goals.

Thus, an extremist group poses a serious threat to public safety, and Kazakh legislation provides for strict liability measures both for its creation and for participation in its activities.

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