Criminal liability of the leader of a public association and legal consequences

Article 3 of the Criminal Code of Kazakhstan (hereinafter – the Criminal Code of the Republic of Kazakhstan) establishes the basic concepts and principles of criminal law, including terms such as "leader of a public association". In paragraph 21 of this article, the leadership of a public association is understood not only as the head, but also as any other participant who, thanks to his influence and authority, can exert a controlling influence on the activities of this association. This concept expands the scope of responsibility for actions committed on behalf of or as a result of association, especially in twenty criminal cases.

Paragraph 21 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the term "leader of a public association". This concept refers to a person who has managerial functions or authority within a public association, and can have a significant impact on its activities, even if he does not have formal authority.

Comment:

1. The leader of a public association is not only a formal leader (for example, chairman or director), but also any member of the association who has sufficient authority and influence to actually manage the activities of the association. This may be an unofficial leader with great respect and influence among the members of the association.

2. It is important to note that the presence of such powers or influence may have legal consequences, since the leaders of public associations may be responsible for actions related to violations of the law in the process of leading an association, including under criminal law.

Related articles and regulations:

1. The Law of the Republic of Kazakhstan "On Public Associations" dated May 31, 1996. This law regulates the activities of public associations and defines their legal status, the rights and obligations of participants, as well as the registration procedures and activities of such organizations.

  - Article 9 of this law specifies that the governing bodies of a public association may vary depending on its charter, and they may include both formal and informal leaders.

2. The Civil Code of the Republic of Kazakhstan (CC RK), especially the sections concerning legal entities and public associations.

  - Article 33 of the Civil Code of the Republic of Kazakhstan provides a general definition of non-profit organizations, which may include public associations. This article clarifies that such organizations can have both governing bodies and internal control bodies, where the role of a leader is important.

3. Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 3 dated July 18, 1997 "On the practice of consideration by courts of cases related to the activities of public associations".

  - This resolution clarifies the procedure for the consideration by the courts of cases related to the activities of public associations, including issues of responsibility of their leaders, and emphasizes that the courts should take into account both official positions and the actual influence of individuals on the activities of the association.

4. The Law of the Republic of Kazakhstan "On Countering Extremism" dated February 18, 2005.

  - Article 12 of this law provides that the leaders of public associations can be held responsible for the actions of their organizations if they are associated with extremist activities. This applies to both formal and informal leaders.

5. The Code of the Republic of Kazakhstan on Administrative Offences (CAP RK).

  - Article 489 of the Administrative Code of the Republic of Kazakhstan concerns offenses related to the activities of public associations. The leaders of associations may be held accountable for violating the requirements of the legislation on public associations.

6. The Criminal Code of the Republic of Kazakhstan.

Articles of the Criminal Code of the Republic of Kazakhstan related to the actions of leaders of public associations may include:

·        Article 262 – Creation and management of an organized group, a criminal organization, as well as participation in them (a criminal organization). Leaders of public associations can be held accountable for the creation of criminal groups or participation in them, using their power in associations.

·        Article 179 – Propaganda or public calls for the seizure or retention of power, as well as the seizure or retention of power or forcible change of the constitutional order of the Republic of Kazakhstan. The leader of a public association who has influence over the participants may be held accountable for such actions.

3. Regulatory decisions of the Supreme Court of the Republic of Kazakhstan.

·        The normative resolution of the Supreme Court of the Republic of Kazakhstan dated December 8, 2017 No. 11. (On some issues of judicial practice on the application of legislation on terrorist and extremist crimes) clarifies that the influence and authority of the leader of a public association may imply not only a formal leadership position, but also actual control over the actions of members of the organization.

·       Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 2. On some issues of the courts' application of legislation on liability for banditry and other criminal offenses committed in complicity. This document discusses the application of liability measures against the organizers and leaders of criminal communities, including those who use public associations for illegal activities.

Conclusion:

Paragraph 21 of Article 3 of the Criminal Code of the Republic of Kazakhstan is important to take into account when analyzing criminal cases related to public associations, since it defines the circle of persons who may be responsible for the actions of associations. It is important that such persons can include both official leaders and informal leaders with sufficient authority and influence.

Thus, the legislation of the Republic of Kazakhstan meets a wide range of issues related to the responsibility of leaders of public associations, not only limiting their status, but also recognizing the actual role of the organization in the organization.

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