Commentary to article 150. Obstruction of the activities of public associations of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Obstruction of the legitimate activities of public associations by an official using his official position, as well as interference in the legitimate activities of these associations 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.      

Article 23 of the Constitution of the Republic of Kazakhstan establishes that citizens of the Republic of Kazakhstan have the right to freedom of association. The activities of public associations are regulated by the Law of the Republic of Kazakhstan "On Public Associations" dated May 31, 1996 (as amended and supplemented).

     The public danger of a crime is expressed in the violation of the right to freedom of association guaranteed by the Constitution, therefore, the object of the crime in question is the specified constitutional right.  

   Public associations in the Republic of Kazakhstan are recognized as political parties, trade unions and other associations of citizens created on a voluntary basis to achieve common goals that do not contradict legislation.      

The objective side of the crime is formed by:

a) actions or omissions aimed at obstructing the legitimate activities of public associations, or interfering with the legitimate activities of these associations;

b) the consequences in the form of a significant violation of their rights and legitimate interests; c) the causal relationship between the act of the perpetrators and the onset of consequences.      

Obstruction should be understood as the creation of various obstacles and obstacles to the legitimate activities of public associations, for example, an unjustified refusal to register a public association or an unjustified prohibition of its activities.     

Interference in the legitimate activities of public associations should be understood as any influence on the heads of public associations or their members in order to change the direction of the activities 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 (including those expressed in the press) regarding the activities of a public association do not form part of the act being analyzed.     

A crime is considered completed from the moment of the occurrence of undesirable consequences for a public association in the form of loss of its image and authority in the eyes of the public, disruption of an event for this reason, and so on. Thus, the concept of "the onset of consequences in the form of a significant violation of the rights and legitimate interests of public associations" covers their wide range, on which the image, authority and successful activities of a public association depend.    

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 public association guaranteed by the Constitution of the Republic of Kazakhstan, anticipates that consequences may or may not occur as a result of the actions he has taken, and desires them to occur.  

   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 relevant laws, regulations and other normative 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 was and which this person was endowed with by virtue of his position.    

 The crime provided for in Article 150 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.

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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