On social networks, individuals are spreading calls to participate in illegal rallies and marches in various regions of the country.
In this regard, the Kordai District Prosecutor's Office clarifies 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 organizing and holding meetings, rallies and pickets.
Notification of their holding 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 meeting according to the submitted notification.
Demonstrations and processions are held according to the conciliatory procedure.
To do this, the organizer is obliged to submit an application 10 working days before the day of their holding, according to which the local executive body is obliged to 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).
Following the results of 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).
By law, peaceful assemblies must be organized and held strictly in specialized places and along the route determined by city and district maslikhats.
However, the organizers did not submit relevant notifications and applications to the local executive bodies on the organization and conduct of peaceful assemblies, 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 responsibility under article 488 of the Code of Administrative Offenses up to 25 days of arrest.
If these actions are accompanied by 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 involvement in community service for up to 200 hours or arrest for up to 50 days.
Prosecutor's Office of Kordai district