Commentary to article 236. Organization of an illegal paramilitary formation of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The creation of an illegal paramilitary formation (association, detachment, squad or other group), as well as the leadership of such a formation —
are punishable by imprisonment for a term of two to seven years.
2. Participation in an illegal paramilitary formation (association, squad, squad or other group) —
is punishable by restriction of liberty for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to three years.
Note. A person who voluntarily stops participating in an illegal paramilitary formation and surrenders weapons and military equipment is exempt from criminal liability if his actions do not contain elements of another crime.
The public danger of the functioning of armed formations in the State that are not controlled by the authorities lies in the fact that this violates the stability and balance between the various branches and levels of government. There is a threat of an unconstitutional, violent solution to the problems of state building and government, and the uncontrolled actions of a significant number of armed people create social tension in society, which contains a potentially high possibility of personal harm, human casualties, and serious material damage. The object of this crime is public safety.
The objective side is expressed in the performance of such actions as the creation of an illegal paramilitary formation (association, detachment, squad or other group) and the leadership of such a formation.
The main feature of this crime is the illegality of the paramilitary formation. The illegality of the formation lies in the non-regulation of the creation of such a formation by regulatory acts. On the basis of paragraph 3 of Article 5 of the Constitution of the Republic of Kazakhstan, the creation of paramilitary formations not provided for by law is prohibited. Legitimate paramilitary groups include, for example, the Armed Forces of the Republic of Kazakhstan, national security agencies, internal affairs agencies, customs authorities, and so on.
The creation of an illegal paramilitary formation is understood as the commission of actions that lead to the formation of such a formation. These include: the selection of participants in the formation, the determination of locations, the provision of weapons, uniforms, transport, communications, the distribution of functional responsibilities, the definition of leadership and command staff, the division into combat units, setting goals and objectives of the formation, and so on.
The leadership of an illegal formation is understood as the management of an illegal formation that has already been created. Leadership can be carried out by such actions as organizing the service, ensuring interaction between units, issuing orders and orders to achieve the goals and objectives of the formation, as well as monitoring their execution, and so on.
A crime in the form of creating an illegal paramilitary group will be completed from the moment two or more persons are involved in it. The leadership of an illegal formation will be terminated from the moment the person is appointed commander of the formation or chief of staff or other leader. Participation in an illegal paramilitary formation will be terminated from the moment of joining this organization (taking the oath, subscribing, receiving a uniform, etc.). The subjective side of the crime is characterized by intentional guilt, in the form of direct intent. A person is aware that he is creating or leading an illegal paramilitary group, anticipates the onset of socially dangerous consequences or their inevitability and desires their occurrence.
The subject of this crime is a sane individual who has reached the age of 16. At the same time, he must be the organizer or leader of an illegal paramilitary group.
236 of the Criminal Code of the Republic of Kazakhstan provides for criminal liability for participation in an illegal paramilitary formation (association, squad, squad, or other group).
Participation is defined as the performance by the perpetrator of actions aimed at the functioning of an illegal formation. Such actions include: carrying out internal duty, guard duty, duty, and so on.
The subjective side is characterized by an intentional form of guilt and only by direct intent. The person is aware that he is taking part in the activities of an illegal formation.
The subject of the crime under Part 2 of Article 236 of the Criminal Code of the Republic of Kazakhstan is a sane individual who has reached the age of 16. At the same time, he must be an ordinary member of an illegal paramilitary group.
236 of the Criminal Code of the Republic of Kazakhstan, a person who voluntarily stopped participating in an illegal paramilitary formation and surrendered weapons and military equipment is exempt from criminal liability if his actions do not contain elements of another crime.
According to Part 2 of the note to Article 41 of the Criminal Code, the legislator classifies this crime as a crime that contains signs of extremism.
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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