Comment to article 151. Obstruction of an assembly, meeting, demonstration, march, picketing or participation in them of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Unlawful obstruction of an assembly, meeting, demonstration, march, picketing or participation in them, or coercion to participate in them, if these acts are committed by an official using his official position or with the use of violence or threat of its use, —
are punishable by a fine in the amount of five hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months, or correctional labor for up to two years, or imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without one.
In accordance with article 21 of the International Covenant on Civil and Political Rights (December 16, 1966), the right to peaceful assembly is recognized. The exercise of this right is not subject to any restrictions other than those imposed in accordance with the law and which are necessary in a democratic society in the interests of State and public safety, public order, the protection of public health and morals or the protection of the rights and freedoms of others.
Article 32 of the Constitution of the Republic of Kazakhstan stipulates that citizens of the Republic have the right to assemble peacefully and without weapons, hold meetings, rallies and demonstrations, marches and picketing. In accordance with the constitutional provision, the exercise of this right may be restricted by law in the interests of State security, public order, health protection, and the protection of the rights and freedoms of others. The procedure for organizing and holding meetings, rallies, demonstrations, marches, picketing regulates The Law of the Republic of Kazakhstan "On the Procedure for Organizing and Holding Meetings, Rallies, Marches, Pickets and Demonstrations in the Republic of Kazakhstan" dated March 17, 1995 (as amended dated 20.12.2004). The Law of the Republic of Kazakhstan "On Public Associations" dated May 31, 1996 granted the right to hold meetings, rallies, demonstrations, marches and picketing to public associations. Regulates the conduct of meetings, rallies, demonstrations, marches, picketing The Code of Administrative Offences.
An application is submitted to the executive body by interested organizations, which must be submitted in writing, indicating the purpose, form, venue, route, information about the organizers, the event must be conducted in exact accordance with what is stated in the application, while the purpose of the event should not contradict the Constitution of the Republic of Kazakhstan, threaten public order. and the safety of citizens.
The public danger of the act provided for in Article 151 of the Criminal Code of the Republic of Kazakhstan is the violation of the right to freedom of assembly, meetings, demonstrations, marches, and picketing guaranteed by the Constitution of the Republic of Kazakhstan. The object of this act is the specified constitutional right.
An assembly is a joint presence of citizens in a specially designated or adapted place for collective discussion of any socially significant issues.
A rally is a mass presence of citizens in a certain place for the public expression of public opinion on topical issues, mainly of a socio-political nature.
A demonstration is an organized public expression of public sentiments by a group of citizens using posters, banners and other means of visual agitation during movement.
A march is a mass passage of citizens along a predetermined route in order to draw attention to any problems.
Picketing is a form of public expression of opinions carried out without movement and the use of sound—amplifying equipment, by placing one or more citizens using posters, banners and other means of visual agitation at the picketed object.
The objective side of the analyzed crime is formed by three alternative acts:
1) illegal obstruction of an assembly, meeting, demonstration, march, picketing;
2) illegal obstruction of participation in them; 3) coercion to participate in them.
Obstruction should be understood as the creation of various hindrances and obstacles to the lawful holding of an assembly, rally, demonstration, picketing, for example, an unjustified refusal to hold these events; unjustified barriers along the route of the event, or the creation of hindrances and obstacles to participation in them, for example, a direct or veiled prohibition to participate in these events either.
Coercion to participate in these events should be understood as physical or mental influence on persons in order to force them to participate in an assembly, rally, demonstration, march or picketing. Criminal liability for these acts can occur only if one of the following conditions is met::
a) if the acts are committed by an official using his official position;
b) with the use of violence or with the threat of its use.
If the act is not committed by an official, then criminal liability occurs if there are elements of another crime in the actions of the perpetrator.
Physical violence involves beatings, causing minor or moderate harm to health, unlawful imprisonment, etc. In the case of serious harm to health, the act should be qualified in accordance with Articles 151 and 103 of the Criminal Code of the Republic of Kazakhstan.
The threat of violence involves psychological influence in order to prevent an assembly, meeting, demonstration, march, picketing or participation in them.
The crime is considered completed from the moment of the commission of the actions specified in the disposition of the article. The subjective side is characterized by direct intent, that is, the person is aware that he violates the constitutionally guaranteed right to freedom of assembly, meetings, demonstrations, picketing, anticipates the possibility or inevitability of consequences and wants them to occur.
The special subject of the crime in question is an official who, in order to prevent the holding of these events, either uses his official position or uses physical or mental violence for these purposes.
Article 151 of the Criminal Code of the Republic of Kazakhstan covers the use or threat of violence in the form of physical pain, tying, locking, causing minor harm to health. The use or threat of use of more severe violence should be qualified in accordance with the totality of Articles 151, 103, 104 of the Criminal Code of the Republic of Kazakhstan.
The crime provided for in Article 151 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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