Comment to article 335. Leadership of a prohibited strike, obstruction of the work of an enterprise, organization in a state of emergency of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Leading a prohibited strike in a state of emergency, as well as obstructing the work of the organization in these conditions —
are punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or by arrest for a term of up to six months, or by imprisonment for a term of up to one year.
Relations arising in the organization and conduct of peaceful assemblies, rallies, marches, pickets and demonstrations are regulated by the Law of the Republic of Kazakhstan "On the Procedure for Organizing and Conducting Peaceful Assemblies, Rallies, Street Marches, Pickets and Demonstrations in the Republic of Kazakhstan" dated March 17, 1995.
The direct object is the procedure for organizing and conducting strikes established by the Law of the Republic of Kazakhstan "On Collective Labor Disputes and Strikes" dated July 8, 1996.
The objective side of the act is to lead a prohibited strike in a state of emergency, as well as obstruct the work of the organization in these conditions.
A state of emergency (state of emergency), according to paragraph 5 of Article 1 of the Law of the Republic of Kazakhstan "On the State of Emergency" dated February 8, 2003, is a temporary measure applied solely in the interests of ensuring the safety of citizens and protecting the constitutional order of the Republic of Kazakhstan and represents a legal regime for the activities of state bodies and organizations that allows for the establishment of certain restrictions on the rights and freedoms of citizens, foreigners and stateless persons, as well as the rights of legal entities and imposing additional duties on them.
The procedure for organizing and holding strikes is regulated by the Law of the Republic of Kazakhstan "On Collective Labor Disputes and Strikes", in accordance with Article 14 of which, a strike will be illegal if:
a) it is prohibited in a state of emergency;
b) when it is carried out for political reasons, including with demands to change the constitutional order, convocation, dissolution or change the order of activity of state bodies, resignation of their heads, as well as demands entailing violations of national and racial equality, and changes in the territorial integrity of the country.
Illegal actions of groups of persons, unauthorized, expressed in active actions and speeches against the established operating mode of enterprises or organizations or legally protected interests of society or the state, involving disobedience to the legitimate demands of government and management representatives. Therefore, these actions are prohibited by law.
The leadership of a prohibited strike in a state of emergency should be understood as organizational activity, which can be expressed in various actions, for example, gathering people, setting tasks for them, inciting them, or directing actions performed by a group.
Obstruction is active actions aimed at interfering with the work of organizations or stopping their work.
The crime should be considered completed from the moment of performing any of the actions mentioned in the disposition of the article. The subjective side of the crime is characterized by direct intent. The perpetrator is aware that he is leading a prohibited strike in a state of emergency and wishes to do so.
The person who led the strike was the subject of the crime.
The motive and purpose do not affect the qualification of the criminal act in question, but they are taken into account when imposing punishment.
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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