Commentary to article 153. Coercion to participate in a strike or to refuse to participate in a strike of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Coercion to participate in a strike or to refuse to participate in a lawful strike, committed by a person using his official position or through violence or threat of violence, —
is 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 imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without one.
Article 24 of the Constitution of the Republic of Kazakhstan recognizes the right to individual and collective labor disputes using their legally established resolutions, including the right to strike.
The public danger of an act provided for in Article 153 of the Criminal Code of the Republic of Kazakhstan is expressed in violation of this guaranteed constitutional right.
The object of the crime in question is the aforementioned constitutional law.
The objective side of the act is formed by actions aimed at forcing to participate in a strike or to refuse to participate in a legitimate strike by using one's official position or by violence or threat of violence.
Coercion should be understood as influencing the victim's will, which may be associated with the use of his official position by the perpetrator or with the use of physical or mental violence against the victim. Article 153 of the Criminal Code of the Republic of Kazakhstan covers the use of such violence, which is sufficient to suppress the victim's will, but is not associated with causing serious harm to health, for example, tying, locking, causing physical pain, causing mild or moderate harm to health. Causing serious harm to health requires qualification according to the totality of crimes: Articles 153 and 103 of the Criminal Code of the Republic of Kazakhstan. The crime is considered completed from the moment of the commission of the actions specified in the disposition.
On the subjective side, the act is characterized by guilt in the form of direct intent, that is, the person is aware that he is suppressing the victim's will and thereby violating his constitutional right, anticipates the possibility and inevitability of consequences and desires their occurrence.
The subject can be either an official or a private individual sane person who has reached the age of 16.
The crime provided for in Article 153 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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