Recognition of an organization carrying out extremism or terrorist activities on the territory of the Republic of Kazakhstan or another state as extremist or terrorist, including the establishment or change of its name, as well as the recognition of information materials imported, published, manufactured and (or) distributed on the territory of the Republic of Kazakhstan as extremist or terrorist

           The public danger of the consequences of the category of illegal acts under study lies in the fact that the civilian population is disorganized: the actions of a small number of individuals create grounds for dissatisfaction with the existing order in society, for the emergence and development of links with international terrorism, which ultimately poses a threat to the national security of the state.

The Republic of Kazakhstan is a democratic, secular State that respects everyone's right to freedom of opinion, guarantees equal rights for citizens regardless of their religion, recognizes the cultural and historical value of religions combined with the spiritual heritage of the peoples of Kazakhstan, and the importance of interfaith harmony, religious tolerance and respect for religious beliefs of citizens.

In accordance with paragraph 3 of Article 20 of the Constitution of the Republic of Kazakhstan, propaganda or agitation of a violent change in the constitutional order, violation of the integrity of the Republic, undermining the security of the state, war, social, racial, national, religious, class superiority is prohibited.

By virtue of paragraph 2 of article 22 of the Constitution, the exercise of the right to freedom of conscience must not condition or restrict universal human and civil rights and obligations to the State.

According to article 1 of the Law of the Republic of Kazakhstan "On Freedom of Religion and Religious Associations" dated January 15, 1992, No. 1128, the exercise of freedom to profess religion or spread beliefs may be restricted by law only in order to protect public order and safety, life, health, morals, or the rights and freedoms of other citizens.

In accordance with article 4 of this Law, religious associations are required to comply with the requirements of the law and the rule of law. The State promotes the establishment of relations of mutual tolerance and respect between citizens who profess religion and those who do not profess it, as well as between various religious associations.

Religious associations that are not registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan are not allowed to operate. The Republic of Kazakhstan is taking effective measures aimed at issues of extremism and terrorism.

On 24.09.2013, the President of the Republic of Kazakhstan signed Decree No. 648 "On the State program for countering religious extremism and terrorism in the Republic of Kazakhstan for 2013-2017".

The main goal of the program is to ensure the security of a person, society and the state by preventing manifestations of religious extremism and preventing threats of terrorism. At the same time, the program pays special attention to public involvement in preventive work and modernization of information and propaganda work among target groups.

Most of the preventive measures provided for in the program will be implemented for the first time," the commentary to the published decree says.

The Head of State believes that extremism and terrorism in Kazakhstan have a criminal basis, not an ideological one. The President stated this in his speech in the Address to the people of Kazakhstan "Strategy "Kazakhstan-2050": a new political course of the established state."

The State and citizens must present a united front against all forms and manifestations of radicalism, extremism and terrorism.

The threat of so-called religious extremism is of particular concern. Spiritual hierarchies also share a common concern. We must not allow sincere faith in God to be replaced by aggressive and destructive fanaticism," the Head of State said.

According to the President of the country, blind fanaticism is absolutely alien to the psychology and mentality of our peace-loving people. Pseudo-religious rhetoric hides criminal activities that undermine the foundations of society.

This is an attack on peace and stability in our country. This is a test of the strength of our statehood and civic maturity. We must improve our legislation in order to neutralize manifestations of religious radicalism and extremism.

We must also improve anti-terrorism legislation. The state must stop extremism and radicalism, no matter where they come from," the President said.

According to the Head of State, new reliable mechanisms for overcoming social, ethnic and religious tensions and conflicts will be formed in Kazakhstan. Strictly suppress the activities of non-traditional sects and dubious pseudo-religious movements. Prevention of religious extremism in society, especially among young people, will be strengthened.

Our Republic has adopted a number of laws and Government resolutions on extremism and terrorism, ratified international treaties, Protocols, signed Conventions, Agreements, approved Memoranda, Reports, approved Action Plans, Rules, Instructions, developed Regulations, issued orders from the Chairman of the National Security Committee of the Republic of Kazakhstan and other interested ministries and departments, which are actively taking measures to implement them.

On 08/20/1999, the Constitutional Council of the Republic of Kazakhstan adopted Regulatory Resolution No. 5 "On the Official Interpretation of Paragraph 2 of Article 18 of the Constitution of the Republic of Kazakhstan and verification of Compliance with the Constitution of the Republic of Kazakhstan with the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Illegally Obtained Income and the Financing of Terrorism" and the Law of the Republic of Kazakhstan "On Amendments and Additions amendments to certain legislative acts of the Republic of Kazakhstan on countering the legalization (laundering) of illegally obtained income, The "Direct regulation of the generalized issue" covers the Law of the Republic of Kazakhstan dated July 13, 1999 No. 416 "On Countering Terrorism" and the Law of the Republic of Kazakhstan dated July 18, 2005 No. 31 "On Countering Extremism".

Extremism is the commission by an individual and (or) a legal entity, an association of individuals and (or) legal entities of actions on behalf of organizations recognized as extremist in accordance with the established procedure, pursuing the following extremist goals.

This is a violent change in the constitutional order, violation of the sovereignty of the Republic of Kazakhstan, the integrity, inviolability and non-alienability of its territory, undermining national security and the state's defense capability, 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), incitement of racial, national and tribal hatred, including those related to violence or calls for violence (national extremism), 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 the rights and freedoms of citizens (religious extremism).

As a social phenomenon, extremism is characterized by its multidimensional, complex, and systematic nature.

One of the main tasks of countering extremism is to prevent the creation of conditions and opportunities for extremism, to ensure the national security of the Republic of Kazakhstan, as actions to incite social, racial, national, religious, class and clan hostility or discord are obviously capable of disrupting the unity of the people of Kazakhstan and worsen the state of interethnic relations.

It follows from the norm of article 1 of the Law of the Republic of Kazakhstan "On Countering Extremism" that incitement of racial, national and tribal discord, including those related to violence or calls for violence, is extremism. The distribution of printed materials and products of foreign mass media in the territory of the Republic of Kazakhstan, the content of which undermines national security, is prohibited.

By virtue of subparagraph 4 of Article 1 of the Law of the Republic of Kazakhstan "On Countering Extremism", extremist actions are the direct implementation of actions for extremist purposes, including public calls for such actions, propaganda, agitation and public display of symbols of extremist organizations.

According to subparagraph 5 of Article 1 of the Law of the Republic of Kazakhstan "On Countering Extremism", incitement of racial, national and tribal hatred, including those related to violence or calls for violence (national extremism), incitement of religious hatred or discord, including those related to violence or calls for violence, as well as the use of any religious practice religious extremism, which poses a threat to the safety, life, health, morals, or rights and freedoms of citizens (religious extremism), are the main types of extremism (national, religious).

Article 4 of the Law on Extremism establishes that one of the main tasks of countering extremism is the inadmissibility of extremism in the Republic of Kazakhstan, ensuring the national security of the Republic of Kazakhstan, preventing the creation of conditions and opportunities for extremism, forming a political and legal culture of citizens, ensuring the national security of the Republic of Kazakhstan, as actions to incite social, racial, national, religious, class and clan enmity or discord, They are obviously capable of disrupting the unity of the people of Kazakhstan and worsening the state of interethnic relations.

In accordance with article 12 of the Law of the Republic of Kazakhstan "On Countering Extremism", it is prohibited to use networks and means of communication to carry out extremism, as well as the publication and distribution of extremist materials, information materials distributed on the territory of the Republic of Kazakhstan and containing signs of extremism, upon application of the prosecutor, are recognized by the court as extremist by the prosecutor's location or by the place of discovery of such materials. with the prohibition of their importation, publication and distribution.

By virtue of article 12 of this Law, in order for a court to establish the presence of signs of extremism in information materials, a forensic examination report is required.

In accordance with paragraph 5 of Article 1 of the Law of the Republic of Kazakhstan "On Countering Terrorism", terrorism is an ideology of violence and practical effects on decision-making by state organizations, local governments and international organizations by committing or threatening to commit violent and (or) other criminal acts related to intimidation of the population and aimed at harming individuals., society and the state.

By virtue of subparagraph 15 of paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan "On Countering Terrorism", terrorist activity is understood as activity aimed at committing terrorist crimes and including any of the following acts: organization, planning, preparation, financing and implementation of an act of terrorism; incitement to an act of terrorism; organization of an illegal paramilitary group, criminal community (criminal organization), an organized group for the implementation of an act of terrorism, as well as participation in such a structure; recruitment, arming, training and use of terrorists; informational or other assistance in planning, preparing or carrying out an act of terrorism; propaganda of terrorist ideas, dissemination of materials or information calling for terrorist activities or justifying or justifying the need to carry out such activities.

Countering terrorism in the Republic of Kazakhstan is based on the following basic principles:

1) ensuring and protecting human and civil rights and freedoms, the priority of protecting life and health, and the rights and legitimate interests of persons in danger as a result of terrorist crimes;

2) compliance with the rule of law;

2-1) proportionality of counter-terrorism measures to the degree of terrorist danger;

3) the priority of preventing terrorism;

4) the inevitability of punishment for terrorist activities;

5) systematic and comprehensive use of political, information and propaganda, socio-economic, legal, special and other measures to counter terrorism;

6) unity of command in the operational management of the forces and means involved in the conduct of an anti-terrorist operation;

7) a combination of public and secret methods of countering terrorism;

8) providing limited access to information about tactics, forms, methods, means and the composition of participants in anti-terrorist operations. The purpose of countering terrorism in the Republic of Kazakhstan is to protect individuals, society and the State from terrorism.

In accordance with subparagraph 1 of paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan "On Combating Terrorism", propaganda of terrorism is prohibited in the territory of the Republic of Kazakhstan. The dissemination of materials undermining national security is also prohibited by subparagraph 2 of paragraph 5 of Article 22 of the Law of the Republic of Kazakhstan "On National Security of the Republic of Kazakhstan".

According to paragraph 6 of Article 1 of the Law of the Republic of Kazakhstan "On Mass Media", the products of mass media are the circulation or part of the circulation of a separate issue of a periodical or an audiovisual program, a separate issue of a radio, television, newsreel program, information posted on a web site in publicly accessible telecommunications networks.

In accordance with paragraph 11 of Article 289 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), cases considered by the court in special proceedings include cases on recognition of an organization carrying out extremism or terrorist activities on the territory of the Republic of Kazakhstan or another state as extremist or terrorist, including the establishment, change of its name, as well as the recognition of information materials imported, published, manufactured and/or, spread on the territory of the Republic of Kazakhstan by extremist or terrorist organizations.

Cases of special proceedings in this category are considered by the courts according to the rules of claim proceedings with exceptions and additions established by Chapter 36-2 of the CPC, with the participation of the applicant and interested persons.

If, during the consideration of a case in a special procedure, a subordinate dispute arises about the law, the court issues a ruling on the consideration of the case in a claim procedure. In the order of the claim proceedings, the case is considered at the place of its initiation.

The applicant and other interested persons are explained the need to comply with the requirements provided for in Articles 150-151 of the CPC, within the time limit set by the court. In case of objections from interested parties, the court may refer the case to another court according to the rules of territorial jurisdiction.

In case of non-fulfillment of the court ruling within the prescribed period, the application is left without consideration, and their right to file a claim on general grounds is explained to interested persons.

Consideration of cases, proceedings in court on the application for recognition of an organization carrying out extremism or terrorist activities on the territory of the Republic of Kazakhstan or another state as extremist or terrorist, including the establishment, change of its name, as well as the recognition of information materials imported, published, manufactured and (or) distributed on the territory of the Republic of Kazakhstan extremist or terrorist – It is defined in the Civil Procedure Code of the Republic of Kazakhstan, in Chapter 36-2, which was introduced by the Law of the Republic of Kazakhstan dated 23.02.2005, as amended on 08.07.2005; 10.12.2009; 08.04.2010; 03.11.2014 and is regulated by Article 317 - 6, -7- 8.

In accordance with Articles 317-6 of the CPC, an application for recognition of a foreign or international organization that carries out extremism in the territory of the Republic of Kazakhstan and (or) another state as extremist, including the establishment of its name change, as well as the recognition of information materials distributed in the territory of the Republic of Kazakhstan as extremist, is submitted by the prosecutor the court at the location of the prosecutor who made such demands, or at the place where such materials were found.

An application for recognition of an international organization carrying out terrorist activities on the territory of the Republic of Kazakhstan and (or) another state as terrorist, including the establishment of a change in its name, is submitted by the prosecutor to the court at the location of the prosecutor who made such demands.

By virtue of Articles 317-7 of the CPC, the application must set out the circumstances confirming the fact that a foreign or international organization is carrying out activities on the territory of the Republic of Kazakhstan and (or) another state that could be recognized as extremist or terrorist in accordance with the legislation of the Republic of Kazakhstan, or the fact that it has changed its name.

The materials contained in the prosecutor's statement on the recognition of a foreign or international organization as extremist or terrorist, including the establishment of its name change, may also include factual data received from the competent authorities of foreign States, including judicial decisions of international courts and courts of foreign States.

According to Articles 317-8 of the CPC, the court's decision serves as the basis for including information about a foreign or international organization engaged in extremism or terrorist activities on the territory of the Republic of Kazakhstan and (or) another state in the system of special records of a state body that carries out statistical activities in the field of legal statistics and special records within its competence.

In accordance with Article 55 of the CPC, supreme supervision over the accurate and uniform application of laws in civil proceedings on behalf of the State is carried out by the Prosecutor General of the Republic of Kazakhstan, both directly and through subordinate prosecutors.

The prosecutor has the right to apply to the court with a claim, an application for the protection of the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations, public or state interests.

According to Article 23 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the prosecutor, in accordance with the law, has the right to file a claim with the court to restore violated rights and protect the interests of the state, individuals and legal entities.

Article 289 of the CPC stipulates that the prosecutor has the right to file a claim with the court, an application for the protection of the rights, freedoms and legitimate interests of citizens, the legitimate interests of organizations, public or state associations.

The Prosecutor's Office is exempt from paying court costs related to the consideration of a case on the recognition of a foreign or international organization carrying out extremism or terrorist activities on the territory of the Republic of Kazakhstan and (or) another state as extremist or terrorist, including the establishment of its name change.

64 of the CPC, evidence in a case is factual data obtained in a lawful manner, on the basis of which, in accordance with the procedure prescribed by law, the court establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances relevant to the proper resolution of the case.

These factual data are established by explanations of the parties and third parties, witness statements, physical evidence, expert opinions, protocols of procedural actions and other documents.

A prosecutor applying to a court for recognition of an organization carrying out extremism or terrorist activities on the territory of the Republic of Kazakhstan or another state as extremist or terrorist, including the establishment, change of its name, as well as for recognition of information materials imported, published, manufactured and (or) distributed on the territory of the Republic of Kazakhstan as extremist or The main evidence of terrorism is provided by the conclusion of a forensic examination.

According to Article 77 of the CPC, each piece of evidence is subject to assessment in terms of relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case. The totality of evidence is considered sufficient to resolve a civil case if there is acceptable and reliable evidence relevant to the case that indisputably establishes the truth about each and every one of the circumstances to be proved, or has not been refuted by the party.

In accordance with Article 96 of the CPC, the expert's opinion is not binding on the court, but his disagreement with the conclusion must be motivated.

During the consideration of cases, the courts of the Republic of Kazakhstan, having assessed the evidence presented, including the expert opinions, and based on it, lawfully and reasonably conclude that it is necessary to recognize the information materials indicated in the prosecutor's statement as extremist and prohibit the import, publication and distribution on the territory of the Republic of Kazakhstan.

 

 

 

 

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