Comment to Article 336. Illegal interference of members of public associations in the activities of state bodies of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Obstruction of the legitimate activities of state bodies or the appropriation of functions of state bodies or their officials by members of public associations, as well as the creation of organizations of political parties in state bodies, if these acts have entailed a significant violation of the rights and legitimate interests of citizens or the legally protected interests of society and the state., —      

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 correctional labor for up to one year, or arrest for up to four months.      

2. The same acts committed by the head of a public association, —      

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 arrest for up to six months, or imprisonment for up to one year with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

     According to Part 2 of Article 5 of the Constitution of the Republic of Kazakhstan, illegal state interference in the affairs of public associations and public associations in the affairs of the state, the assignment of functions of state bodies to public associations, and state financing of public associations are prohibited.    

 The activities of public associations are regulated by the Law of the Republic of Kazakhstan "On Public Associations" dated May 31, 1996, and the activities of political parties are regulated by the Law of the Republic of Kazakhstan "On Political Parties" dated July 15, 2002.    

 Public associations are established and operate for the purpose of realizing and protecting political, economic, social and cultural rights and freedoms; developing citizens' activity and self-activity; satisfying professional and amateur interests; developing scientific, technical and artistic creativity; protecting human life and health; protecting the environment; participating in charitable activities; conducting cultural and cultural activities.educational, sports and recreational activities; protection of historical and cultural monuments; patriotic and humanistic education; expansion and strengthening of international cooperation; carrying out other activities not prohibited by the legislation of the Republic of Kazakhstan (see Article 5 of the Law of the Republic of Kazakhstan "On Public Associations" dated May 31, 1996).    

 Political parties are created to participate in the political life of society, form and implement the political will of the citizens of the Republic of Kazakhstan and participate in the formation of state authorities in accordance with the procedure established by law (the Law of the Republic of Kazakhstan "On Political Parties" dated July 15, 2002).  

   It is not allowed to create organizations of political parties in state bodies (paragraph 8 of Article 5 of the Law of the Republic of Kazakhstan "On Political Parties").     

Illegal interference of the State in the affairs of political parties and political parties in the affairs of the State is prohibited.

It is also prohibited to assign functions of state bodies to political parties, as well as state financing of political parties (paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan "On Political Parties").    

 The object of this crime is the normal activity of public administration.    

 The objective side of the analyzed criminal act consists in the following actions:   

  1) obstructing the legitimate activities of state bodies:   

  2) assignment of functions of state bodies or their officials by members of public associations;   

  3) in the creation of organizations of political parties in state bodies.    

 The term "obstruct" means attempts to prevent, terminate, modify an activity in the present or to prevent or prevent its implementation in the future. At the same time, obstruction covers not only the working hours of government employees, but also any other time.    

 The assignment of functions of state bodies or their officials means using their documents, letterheads and seals for state-owned ones belonging to various institutions, organizations and enterprises, taking ownership of various objects of state bodies or officials of these bodies and passing them off as their own.  

  The creation of political party organizations in government agencies means the formation of a group of people within an institution, enterprise or organization united by a common idea and goal.   

  A crime is considered completed when the perpetrator commits one of these actions, provided that each of these acts has entailed a significant violation of the rights and legitimate interests of citizens or the legally protected interests of society and the State.    

 The subjective side of the crime under consideration is expressed in the intentional form of guilt in the form of direct or indirect intent. A person is aware that by his actions he is obstructing the legitimate activities of state bodies or appropriating their functions, or creating a political party organization, willing or deliberately allowing them to occur.  

   The subject of a crime may be any person who has reached the age of 16 and is a member of a public organization.    

 In accordance with Part 2 of Article 336 of the Criminal Code, the head of a public association bears increased responsibility for committing the acts specified in Part 1 of this article.

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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