Commentary to article 337-1. Organization of activities of a public or religious association or other organization after a court decision banning their activities or liquidation in connection with their extremism of the Criminal Code of the Republic of Kazakhstan
1. Organization of the activities of a public or other religious association or other organization in respect of which there is a court decision that has entered into legal force banning their activities or liquidating them in connection with their extremism, -
is punishable by a fine in the amount of up to three hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a period of one to five years, or by arrest for up to six months, or by imprisonment for up to three years.
2. Participation in the activities of a public or religious association or other organization in respect of which there is a court decision that has entered into legal force banning their activities or eliminating them in connection with their extremism, -
is punishable by a fine in the amount of up to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to ten months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of one to five years, or by arrest for up to four months, or by imprisonment for up to two years.
Note.
A person who voluntarily ceases to participate in the activities of a public or religious association or other organization, in respect of which there is a court decision that has entered into force banning their activities or liquidating them in connection with their extremism, is exempt from criminal liability, unless his actions contain other elements of a crime.
The public danger of this crime lies in the implementation of extremism by public, religious or other organizations, the manifestations of which pose a threat to the foundations of statehood and national security of the Republic.
The object of the crime in question is the normal activities of public, religious or other associations.
An optional object is the normal activity of the judicial authorities to ensure the execution of a sentence, decision or other judicial act.
The objective side of this crime is to organize the activities of a public or religious association or other organization, in respect of which there is a court decision that has entered into legal force banning their activities or eliminating them in connection with their extremism.
In accordance with art . 2 of the Law of the Republic of Kazakhstan "On Public Associations" public associations in the Republic of Kazakhstan are recognized as political parties, trade unions and other associations of citizens established on a voluntary basis to achieve common goals that do not contradict the legislation. Public associations are non-profit organizations.
According to Article 7 of the Law of the Republic of Kazakhstan dated January 15, 1992 "On Freedom of Religion and Religious Associations", local religious associations (communities), religious administrations (centers), as well as religious educational institutions and monasteries are recognized as religious associations in the Republic of Kazakhstan.
Local religious associations (communities) in the Republic of Kazakhstan are voluntary formations of citizens formed for the purpose of jointly satisfying religious interests and needs.
Religious administrations (centers), in accordance with their charters (regulations), have the right to establish theological educational institutions, monasteries and other religious associations operating on the basis of their charters (regulations).
Religious associations in the Republic of Kazakhstan that have governing centers outside the Republic may be guided by their charters (regulations), provided that the legislation of the Republic of Kazakhstan is not violated and their charters (regulations) are registered by the Ministry of Justice of the Republic of Kazakhstan.
The organization of the activities of a public, religious or other association, in respect of which there is a court decision that has entered into force banning their activities or liquidation in connection with their extremism, should be understood as the totality of all actions (including leadership, financing, recruitment of persons) aimed at the functioning of public, religious or other associations recognized by the court is extremist.
In accordance with Article 1 of the Law of the Republic of Kazakhstan "On Countering Extremism" dated February 18, 2005, extremist actions are understood as the direct implementation of actions for extremist purposes, including public calls for such actions, propaganda, agitation and public display of symbols of extremist organizations.
Extremism is the organization and (or) commission of:
1) an individual and (or) a legal entity, an association of individuals and (or) legal entities acting on behalf of organizations recognized as extremist in accordance with the established procedure;
2) an individual and (or) a legal entity, an association of individuals and (or) legal entities, actions pursuing the following extremist goals:
3) forcible change of the constitutional order, violation of the sovereignty of the Republic of Kazakhstan, the integrity, inviolability and inalienable rights of its territory, undermining national security and the defense capability of the state, forcible seizure of power or forcible retention of power, creation, leadership and participation in an illegal paramilitary formation, organization of an armed rebellion and participation in it, incitement of social and class discord (political extremism);
4) incitement of racial, national and tribal discord, including those related to violence or calls for violence (national extremism);
5) incitement of religious hatred or discord, including those related to violence or calls for violence, as well as the use of any religious practice that threatens the safety, life, health, morals or rights and freedoms of citizens (religious extremism).
An extremist organization should be understood as a legal entity, an association of individuals and (or) legal entities that carry out extremism and are recognized by a court as extremist.
Thus, in order to bring a person to criminal responsibility under Articles 337-1 of the Criminal Code of the Republic of Kazakhstan, it is necessary to have a court decision that has entered into force banning the activities or liquidation of a public or religious association or other organization in connection with their extremism.
The subjective side of the crime is characterized by an intentional form of guilt in the form of direct intent. The subject of the crime in question is a sane individual who has reached the age of 16. It should be noted that Part 1 of Article 337-1 of the Criminal Code establishes the criminal liability of the organizer of criminal acts.
Part 2 of the commented article provides for liability for participation in the activities of a public or religious association or other organization, in respect of which there is a court decision that has entered into force banning their activities or liquidation in connection with their extremism. Moreover, the law does not separate "participation" in the activities of extremist public or religious associations or other organizations according to the degree of activity of such participation. Such participation means the direct performance by a person of the actions specified in part 1 of the article in question.
The motives for participating in the activities of a public or religious association or other organization, in respect of which there is a court decision that has entered into force banning their activities or eliminating them in connection with their extremism (as well as its organization), are diverse: ideological, political, incitement of racial, national, tribal, social, class discord (political extremism).
To qualify under Part 2 of Article 337-1 of the Criminal Code of the Republic of Kazakhstan, in addition to the general features, the subject of the crime must have such an additional feature as a participant in the activities of a public or religious association or other organization, in respect of which there is a court decision that has entered into force banning their activities or liquidation in connection with their extremism.
The crime is considered to be over from the moment the criminal acts begin.
According to the note to Article 337-1, a person who voluntarily ceases to participate in the activities of a public or religious association or other organization, in respect of which there is a court decision that has entered into force banning their activities or liquidating them in connection with their extremism, is exempt from criminal liability unless his actions contain other elements of a crime.
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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