Comment to article 337. Creation or participation in the activities of illegal public associations of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. The creation or leadership of a religious or public association whose activities involve violence against citizens or other harm to their health, or encouraging citizens to refuse to perform civil duties or commit other illegal acts, as well as the creation or leadership of a religious-based party or a political party or a trade union funded by foreign states or by foreign citizens, or by foreign or international organizations, —      

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 two years, or arrest for up to four 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.   

  2. Creation of a public association proclaiming or practicing racial, national, tribal, social, class or religious intolerance or exclusivity, calling for the violent overthrow of the constitutional order, undermining the security of the state or encroachments on the territorial integrity of the Republic of Kazakhstan, as well as the leadership of such an association —    

 are punishable by correctional labor for a term of up to two years, restriction of liberty for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.    

 3. Active participation in the activities of the associations specified in the first or second parts of this Article, —  

   is punishable by a fine in the amount of one hundred to three hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to two months, or correctional labor for up to one year, or arrest for up to four months.

     The public danger of the illegal public associations mentioned in the article is determined by the nature and purpose of the activities of these associations.    

 The Constitution of the Republic of Kazakhstan (Part 3 of Article 5) prohibits the creation and operation of public associations whose goals or actions are aimed at forcibly changing the constitutional order, violating the integrity of the republic, undermining state security, inciting social, racial, national, religious, class and clan, as well as the creation of paramilitary groups not provided for by law.    

 The Republic of Kazakhstan does not allow the activities of political parties and trade unions of other states, parties based on religion, as well as the financing of political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations (Part 4 of Article 5 of the Constitution of the Republic of Kazakhstan).   

  The Law of the Republic of Kazakhstan "On Public Associations" dated May 31, 1996 establishes that it is prohibited to establish and operate public associations whose goals or actions are aimed at forcibly changing the constitutional order, violating the integrity of the Republic of Kazakhstan, undermining State security, inciting social, racial, national, religious, class and clan discord, as well as the creation of unforeseen the legislation of paramilitary formations.   

  The activities of political parties and trade unions of other States, parties based on religion, as well as the financing of political parties and trade unions by foreign legal entities and citizens, foreign States and international organizations are prohibited.   

  It is prohibited to establish and operate public associations that infringe on the health and moral principles of citizens, as well as the activities of unregistered public associations.   

  In accordance with Article 5 of the Law of the Republic of Kazakhstan "On Political Parties" dated July 15, 2002, the activities of political parties of other states are not allowed on the territory of the Republic of Kazakhstan (paragraph 6).    

 It is prohibited to create and operate political parties whose goals and actions are aimed at forcibly changing the constitutional order, violating the integrity of the Republic of Kazakhstan, undermining State security, and inciting social, racial, national, religious, class, and clan discord (paragraph 7).    

 It is prohibited to establish and operate paramilitary political parties, as well as paramilitary formations affiliated with political parties (paragraph 9).   

  The object of this crime is the normal activities of religious and public associations.   

  In cases of exposure to citizens by violence or harm to their health, an optional object can also be identified – the health, honor and dignity of the victims.   

  The objective side of this crime is:   

  1) creation or leadership of: a religious or public association whose activities involve violence against citizens or other harm to their health, or encouraging citizens to refuse to perform civil duties or commit other illegal acts;    

 2) creation or leadership of a religious-based party or a political party or a trade union funded from sources prohibited by the laws of the Republic of Kazakhstan.     

 The crime will be considered completed already in the process of organizing these illegal public associations or during their leadership.   

  The subjective side of the crime under consideration is expressed in the intentional form of guilt in the form of direct intent.   

  The subject of a crime may be any sane individual who has reached the age of 16 and has established or led a religious or public association or a political party.  

   Responsibility under Part 2 of Article 337 of the Criminal Code of the Republic of Kazakhstan occurs in the case of the creation of a public association proclaiming or practicing racial, national, tribal, social, class or religious intolerance or exclusivity, calling for the violent overthrow of the constitutional order, undermining the security of the state or encroachment on the territorial integrity of the Republic of Kazakhstan, as well as the leadership of such an association.   

   In case of active participation in the activities of associations specified in parts 1 or 2 of Article 337 of the Criminal Code of the Republic of Kazakhstan, criminal liability is imposed under Part 3 of Article 337 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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