Commentary on Article 157. Coercion to Participate in a Strike or to Refuse to Participate in a Strike of the Criminal Code of the Republic of Kazakhstan
1. Coercion to participate in a strike or to refuse to participate in a lawful strike —
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or corrective labor in the same amount, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
2. The same act committed by a person using their official position, or through the use of violence or the threat of violence —
shall be punishable by a fine in the amount of up to six thousand monthly calculation indices, or corrective labor in the same amount, or restriction of liberty for a term of up to six years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
The public danger of the crime under consideration is expressed in the violation of the constitutionally guaranteed right to individual and collective labor disputes, using the methods of their resolution established by law, including the right to strike (Article 24 of the Constitution of the Republic of Kazakhstan).
The object of the crime is the aforementioned constitutional right.
The objective element of the act consists of actions aimed at coercing a person to participate in a strike or to refuse to participate in a lawful strike.
Coercion should be understood as exerting influence of both a psychological and physical nature on the will of the victim.
Coercion is a form of influence characterized by a high level of pressure or compulsion exerted. Coercion may take the form of economic, social, or political intimidation, as well as a threat to use force or the actual use of force. For the person being coerced, disobedience will result in the execution of the threatened punishment, while obedience will also entail serious harm.
By its legal structure, the corpus delicti is formal. The crime is considered completed from the moment the actions specified in the disposition are committed.
The subjective element of the act is characterized by guilt in the form of direct intent, that is, the person is aware that they are suppressing the will of the victim and thereby violating their constitutional right, foresees the possibility and inevitability of negative consequences and desires their occurrence.
The subject of the crime may be a physically sane individual who has reached the age of 16, as well as a person who uses their official position.
Part 2 of Article 157 establishes liability for the same acts committed by a person using their official position or through the use of violence or the threat of violence.
Part 2 of Article 157 of the Criminal Code covers the use of such violence as is sufficient to suppress the will of the victim but is not associated with causing grievous bodily harm, for example, tying up, locking up, inflicting physical pain, or causing minor or moderate bodily harm. Causing grievous bodily harm requires qualification under the aggregate of crimes: under Articles 157 and 106 of the Criminal Code.
The act provided for in Part 1 of Article 157 of the Criminal Code belongs to crimes of medium gravity.
The act provided for in Part 2 of Article 157 of the Criminal Code belongs to serious crimes.
Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan by Isidor Shamilovich Borchashvili, Honored Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on the reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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