Comment to Article 334. Violation of the procedure for organizing and holding meetings, rallies, pickets, street processions and demonstrations of the Criminal Code of the Republic of Kazakhstan

     1. Violation of the procedure for organizing or holding meetings, rallies, pickets, street processions or demonstrations, committed by the organizer of the meeting, meeting, picket, street procession or demonstration, if this act resulted in disruption of transport, caused significant harm to the rights and legitimate interests of citizens and organizations, —      

is punishable by a fine in the amount of one hundred to eight hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to eight months, or by community service for a period of one hundred and twenty to one hundred and eighty hours, or by arrest for up to four months.    

2. Organization or holding of illegal assemblies, meetings, pickets, street processions and demonstrations, committed by the organizer of the assembly, meeting, picket, street procession or demonstration, as well as active participation in illegal assemblies, meetings, pickets, street processions or demonstrations, if these acts entailed the consequences provided for in part one of this Article, —      

are punishable by a fine in the amount of two hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to ten months, or by community service for a term of one hundred eighty to two hundred forty hours, or by arrest for a term of up to six months, or by imprisonment for a term of up to one year.

     Article 32 of the Constitution of the Republic of Kazakhstan states that citizens of the Republic of Kazakhstan have the right to assemble peacefully and without weapons, to hold meetings, rallies and demonstrations, marches and picketing. The exercise of this right may be restricted by law in the interests of national security, public order, health protection, and the protection of the rights and freedoms of others. The procedure for holding such events is regulated by the Law of the Republic of Kazakhstan "On the Procedure for Organizing and Holding Peaceful Assemblies, Rallies, Marches, Pickets and Demonstrations in the Republic of Kazakhstan" dated March 17, 1995 (with subsequent amendments and additions).    

The object of the crime in question is the normal activities of the governing bodies.   

  The objective side of the crime is expressed in: violation of the order of organization or holding of meetings, rallies, pickets, street processions or demonstrations; criminal consequences that occurred in the form of disruption of transport or causing significant harm to the rights and legitimate interests of citizens and organizations; causal relationship between the act and the resulting harm.   

  Authorized representatives of labor collectives, public associations or individual groups of citizens of the Republic of Kazakhstan who have reached the age of 18 submit applications to the local executive body for holding an assembly, rally, picket, march or demonstration. The application must be submitted in writing, no later than 10 days before the scheduled date of the meeting. Moreover, the purpose, form, venue of the event or routes of movement, the time of its start and expected end, and the number of participants are indicated. Surnames, first names, patronymics of the authorized persons (organizers), their places of residence and work (studies), the date of the application. The local executive body reviews the application and informs the authorized persons (organizers) of the decision no later than 5 days before the event specified in the application.    

 Violation of the procedure for organizing and holding this event should be understood as disruption of both public and private personal transport or pedestrian traffic; interference with the smooth functioning of the infrastructure of the settlement; installation of yurts, tents, and other temporary structures without coordination with local, executive authorities, and so on.    

 A crime is considered completed when the organizer carries out illegal actions that violate the procedure for organizing or holding an assembly, rally, picket, march or demonstration, and at the same time this act must necessarily lead to disruption of transport or cause significant harm to the rights and legitimate interests of citizens or organizations. The infliction of significant harm is an estimated category established by the investigating authorities, taking into account the actual circumstances of the crime committed. By the nature of the criminal consequences, property damage can be recognized as significant in the form of direct real damage or lost profits, violation of the legitimate rights and interests of citizens or organizations (housing, labor, and so on).   

  A local executive body prohibits holding meetings, rallies, pickets, street processions or demonstrations if its participants are carrying cold steel, firearms or other weapons, as well as specially prepared or adapted objects that can be used against human life and health, to cause material damage to citizens and property, as well as in cases where Their purpose is to incite racial, national, social, religious intolerance, class exclusivity, and the violent overthrow of the constitutional order., encroachment on the territorial integrity of the Republic, other violations of the provisions of the Constitution of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan, or their conduct threatens public order and the safety of citizens.    

 The subjective side of the crime under consideration is characterized by an intentional form of guilt. Motive and purpose, as is well known, do not affect qualifications, but are taken into account by the court when sentencing.  

   The subject of a crime may be a person who has reached the age of 16, who has violated the procedure for organizing and holding events specified in the disposition of Part 1.   

  Part 2 of Article 334 of the Criminal Code of the Republic of Kazakhstan provides for responsibility for the organization or conduct of illegal activities specified in the disposition of Part 1 of this norm, as well as active participation in these illegal activities if these acts entailed the consequences provided for in Part 1 of the article in question.   

  Unlike Part 1 of the analyzed norm, Part 2 provides for criminal liability not only for the organizers of such events, but also for persons who actively participate in illegal gatherings, rallies, pickets, street processions and demonstrations. Responsibility comes in cases where these acts have entailed the consequences provided for in Part 1 of Article 334 of the Criminal Code of the Republic of Kazakhstan.

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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