Appeal of the Deputy Prosecutor General of the Republic of Kazakhstan Dembayev B. B. in accordance with Article 31 of the Law "On the Prosecutor's Office"

Appeal of the Deputy Prosecutor General of the Republic of Kazakhstan Dembayev B. B. in accordance with Article 31 of the Law "On the Prosecutor's Office"

DEAR CITIZENS!

 

On social networks, individuals spread calls to participate in illegal rallies and marches in various regions of the country.

In this regard, the Prosecutor General's Office explains that the procedure for organizing and holding rallies is regulated by the new Law "On the Procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan" (hereinafter referred to as the Law), which was adopted on May 25, 2020.

This Law democratized and simplified the organization and conduct of peaceful assemblies in the country.

In particular, a notification procedure is provided for the organization and conduct of meetings, rallies and pickets.

Notification of their conduct is submitted in writing to the local executive body no later than 5 working days before the scheduled date.

It specifies the purpose and form of a peaceful assembly, the data of the organizers and persons responsible for maintaining public order (Article 10 of the Law).

This notification is subject to consideration by the local executive body within three working days from the date of its registration (Article 11 of the Law). If there is no response after these 3 days, the organizer has the right to hold a peaceful assembly in accordance with the submitted notification.

Demonstrations and processions are conducted according to the conciliatory procedure.

To do this, the organizer must submit an application 10 working days before the day of their holding, for which the local executive body must respond within 7 working days (Articles 12, 13 of the Law).

The organizer in the application indicates the route of the participants, as well as measures to assist in ensuring the protection of public order, the organization of medical care, fire safety (Article 12 of the Law).

As a result of the consideration of the application, the local executive body informs the organizer about the approval of the demonstration or march or about the refusal to hold them (Article 13 of the Law).

According to the law, peaceful assemblies must be organized and held strictly in specialized places and along the route determined by the city and district maslikhats.

However, the organizers did not submit the relevant notifications and applications for organizing and holding peaceful assemblies to the local executive bodies, or they were refused approval.

Accordingly, the organization and participation in peaceful assemblies held in violation of the Law (paragraph 3 of Article 3) is illegal and entails administrative liability under Article 488 of the Code of Administrative Offenses up to 25 days of arrest.

If these actions are accompanied by causing significant harm to the rights and legitimate interests of citizens, organizations, society or the state, criminal liability under Article 400 of the Criminal Code, which provides for punishment in the form of a fine or correctional labor in the amount of up to 200 MCI or community service for up to 200 hours or arrest for up to 50 days,

In addition, we remind you that in connection with the COVID-19 coronavirus pandemic, there is still a ban on holding events with a mass gathering of people, established by the Resolution of the Chief State Sanitary Doctor of the Republic of Kazakhstan dated December 25, 2020 No. 68 "On Restrictive quarantine measures and their gradual mitigation".

For its non - compliance, administrative (Article 425 of the Administrative Code-violation of the requirements of the legislation in the field of sanitary and epidemiological welfare of the population – a fine of 30 to 200 MCI) and criminal (Article 304 of the Criminal Code-violation of sanitary rules that caused mass illness, infection, death of a person-from a fine of 2 thousand rubles. MCI to deprivation of liberty for a term up to 5 years) responsibility.

The Prosecutor General's Office calls on citizens to strictly observe the norms of the current legislation, not to succumb to provocations and to refrain from participating in illegal actions.

Law enforcement agencies will prevent any offenses that infringe on the established order and public safety, as well as take measures provided for by law to prevent them.