
On March 13, 2018, the Esil district court of Astana recognized the movement "Democratic choice of Kazakhstan" (hereinafter referred to as "DCK") as an extremist organization with a ban on activities throughout the territory of the Republic of Kazakhstan.
Since December 2019, the leaders of the banned " DCK" have taken measures to change the name to "Koshe partiyasy".
This was done in order to continue the extremist activities of DCK under a new name and in order to avoid responsibility.
These circumstances found their objective confirmation during the Ministry of internal Affairs pre-trial investigation of extremist activity "DCК".
Based on the study of the obtained materials, the experts came to the conclusion that "DCK" was transformed into a movement "Koshe partiyasy".
As part of the counteraction to extremism, the Prosecutor's office applied to the court to establish the fact of changing its name " DCK" to the movement "Koshe partiyasy".
The decision of the Yessil district court of Nur-Sultan dated may 19, 2020, satisfied this application.
The court found that "DCK" has changed its name to "Koshe partiyasy" and they are a extremist organization.
The court banned the activities of "DCK" on the entire territory of the Republic of Kazakhstan under the new name "Koshe partiyasy", including through the use of mass media, telecommunications networks, social networks, messengers and video hosting, distribution of information materials.
In accordance with article 243 of the code of Civil procedure, this court decision is immediately enforced.
According to the above judicial decisions as of March 13, 2018 may 19, 2020 prohibited activities specified extremist organizations under the name "DCК", and under the new name "Koshe partiyasy".
In the framework of the implementation of article 32 of the Law On prosecution authority, the Prosecutor General's office in order to prevent offenses explains that on the basis of this court decision is now banned:
any participation in the activities of the "DСK", including under the name "Koshe partiyasy»;
promotion and support of ideas of "DСK" / "Koshe partiyasy", production, release, replication and distribution by any means and methods for this purpose of publications, leaflets and other information materials;
organizing and conducting rallies, demonstrations, public actions and other mass events on behalf of or in support of "DСK" / "Koshe partiyasy»;
financing the activities of "DСK" / "Koshe partiyasy" by providing and collecting money or other property, gifts, barter, donations, sponsorship and charitable assistance, providing information and other services.
The Commission of these acts prohibited by law entails criminal liability under articles 182 (participation in an extremist group), 258 (financing of extremism) and 405 (participation in an extremist organization) of the Criminal code.
All these structures provide for a penalty of imprisonment, are classified as extremist crimes, do not have a Statute of limitations for bringing to criminal responsibility and serving a sentence.
Persons who have committed them are not subject to probation, conditional release, reprieve from serving and commutation of sentence, Amnesty and pardon.
They also cannot be released from criminal responsibility and punishment due to reconciliation and surety (articles 63, 68-78 of the criminal code).
At the same time, in accordance with the Criminal code, persons who voluntarily stopped participating in the activities of an extremist organization are exempt from criminal liability.
With this in mind, we urge citizens not to succumb to the calls of the leaders of the extremist organization "Democratic choice of Kazakhstan", including those operating under the new name "Koshe partiyasy", to refrain from participating in its activities.
Prosecutor General's office of the Republic of Kazakhstan