On the issues of preserving interethnic harmony

The facts of posting publications with signs of inciting social and national discord are noted in social networks.

Their authors intentionally offend the national feelings of citizens or an ethnic group as a whole (nation, people) in them.

They allow direct calls for physical violence against persons of another nationality or social group, including on the basis of their attitude to language.

As a rule, the authors of such materials, after the establishment of their identities by law enforcement agencies, repent of their actions, make public apologies. However, this does not exempt them from responsibility.

Their statements and appeals, including those committed using the media or telecommunications networks, are prohibited by the Constitution and entail criminal liability under article 174 of the Criminal Code from 2 to 7 years of imprisonment, and in case of serious consequences - from 12 to 20 years of imprisonment.

This offense belongs to the number of extremist crimes (Article 3 of the Criminal Code).

Such persons cannot be released from criminal liability and punishment in connection with active repentance (Article 65 of the Criminal Code), reconciliation with the victim (Article 68 of the Criminal Code), with the expiration of the statute of limitations of the committed crime (Article 71 of the Criminal Code) or a guilty verdict (Article 77 of the Criminal Code), under an amnesty act (Article78 of the Criminal Code).

Conditional conviction (Article 63 of the Criminal Code), conditional early release (Article 72 of the Criminal Code), replacement of the unserved part of the punishment with a milder type of punishment (Article 73 of the Criminal Code) or postponement of serving a sentence (Articles 74, 76 of the Criminal Code) are not applied to them.

Those convicted of extremist crimes are included in the List of Organizations and Persons associated with the financing of terrorism and extremism.

For the period of their inclusion in the list, they are limited to the disposal of their finances and property, the implementation of certain banking operations, obtaining the services of notaries and insurance companies (the Law "On Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism").

In total, from 2019 to the present, 21 persons have been convicted by the courts on the facts of inciting national discord.

For example, in Almaty on August 19, 2021, citizen "T" was sentenced to 7 years of imprisonment under part 2 of Article 174 of the Criminal Code for propaganda on the social network "Facebook" of the inferiority of citizens on the basis of their nationality.

For a similar act, another resident of Almaty "B" was sentenced to 5 years in prison on October 23, 2019. He distributed materials with offensive statements against representatives of one of the ethnic diasporas in the WhatsApp messenger and on the YouTube hosting.

We call on citizens and mass media to refrain from rash public statements, publications and to prevent the dissemination of such illegal materials, to observe and preserve interethnic harmony in society.