Commentary to article 150-1. Obstruction of the lawful activities of representatives of employees of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Obstruction of the legitimate activities of employee representatives by an official using his official position, as well as interference in their legitimate activities committed by an official using his official position, resulting in a significant violation of their rights and legitimate interests, —
are punishable by a fine in the amount of one hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to five months, or correctional labor for up to two years, or arrest for up to six months, or imprisonment for up to three years.
In accordance with art . 23 of the Constitution of the Republic of Kazakhstan, citizens of the Republic of Kazakhstan have the right to freedom of association. Military personnel, employees of national security agencies, law enforcement agencies, and judges should not be members of political parties, trade unions, or support any political party. The activities of trade unions are regulated by the Law of the Republic of Kazakhstan "On Trade Unions" dated April 9, 1993 (as amended and supplemented).
The public danger of a crime is expressed in violation of the constitutionally guaranteed right of citizens of the Republic of Kazakhstan to form trade unions and other associations representing the interests of employees.
The object of the crime in question is the specified constitutional right.
In accordance with the Labor Code of the Republic of Kazakhstan, employee representatives
- these are the bodies of trade unions, their associations and (or) individuals and (or) legal entities authorized by employees (clause 60 of Article 1).
According to Article 1 of the Law of the Republic of Kazakhstan "On Trade Unions", the trade unions of the Republic of Kazakhstan (trade unions) These are independent public associations with fixed individual membership, voluntarily created by citizens on the basis of their common professional interests to represent and protect the labor and other socio-economic rights and interests of their members and improve working conditions.
In accordance with Article 11 of the Labor Code, acts issued by an employer within its competence in accordance with the Labor Code of the Republic of Kazakhstan and other regulatory legal acts, an employment contract, agreements, and collective agreements are subject to coordination with employee representatives and due consideration of their opinions. The procedure for taking into account the opinion or coordination with employee representatives when issuing acts of the employer is regulated by art. 12 of the Labor Code of the Republic of Kazakhstan.
The objective side of the crime is formed by:
a) actions or omissions aimed at obstructing the legitimate activities of employee representatives; b) interference in their legitimate activities;
c) consequences in the form of a significant violation of their rights and legitimate interests;
d) the causal relationship between the act of the perpetrators and the onset of consequences.
Obstruction should be understood as the creation of various hindrances and obstacles to the legitimate activities of employee representatives, for example, an unjustified refusal to register a trade union or an unjustified prohibition of its activities or the activities of associations and (or) individuals and (or) legal entities authorized by employees.
Interference in the legitimate activities of employee representatives should be understood as any influence on the heads of trade unions, associations and (or) individuals and (or) legal entities authorized by employees or their members in order to change the direction of such an association. The impact can be expressed in any form: oral, written, transmitted over the phone, both in the office and outside the office environment. Critical comments, advice, and suggestions of a general nature regarding the activities of employee representatives do not form part of the crime being analyzed.
A crime is considered completed from the moment of a significant violation of the rights and legitimate interests of employee representatives, i.e. from the moment undesirable consequences occur for them, for example, the disruption of a legitimate strike for this reason.
On the subjective side, the crime is characterized by guilt in the form of direct intent, that is, a person is aware that he is violating the right to freedom of lawful activity of trade unions and other associations of employee representatives guaranteed by the Constitution of the Republic of Kazakhstan, anticipates that consequences may or may not occur as a result of his actions and desires their occurrence.
The subject of a special crime is an official who uses his official position to create obstacles and obstacles to the legitimate activities of public associations.
The powers of a subject are determined by its competence, established in the Labor Code of the Republic of Kazakhstan and other regulatory legal acts, which regulate the rights and obligations of a person holding a particular position, either temporarily or by special authority of the acting officer in this position. Therefore, the use of a person's official powers should be understood only as an act of a person that followed from his powers and which this person was endowed with by virtue of his position.
The crime provided for in Articles 150-1 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.
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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