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

25 December 2019 Версия для печатиВерсия для печатиPDFPDF



Despite the explanations of the General Prosecutor’s Office and administrative measures, individuals, including from abroad, continue to urge people through social networks to participate in illegal rallies on the upcoming holidays.

These persons clearly violate the requirements of the Law “On the Procedure for Organizing and Holding Peaceful Meetings, Rallies, Processions, Pickets and Demonstrations” (hereinafter - the Law).

In particular, before the announcement of the planned rally, the organizers did not submit a written application to the local executive bodies 10 days before the scheduled date.

They should indicate in it: the purpose, form, venue of the event or traffic routes, the time of its beginning and end, the estimated number of participants, personal data of the organizers and those responsible for maintaining public order.

These mandatory requirements are aimed solely to ensure the safety of both the participants of the action and other citizens.

Along with this, we draw attention to the fact that, prior to obtaining permission, the organizer and other persons are not entitled to announce the rally, to call to take part in it, and to produce and distribute leaflets, posters and other similar materials for this purpose.

In other words, the actions of the organizers of illegal actions as of December 16 show signs of an administrative offense (Article 488 of the Code of Administrative Offenses - violation of the legislation of the Republic of Kazakhstan on the procedure for organizing and holding peaceful assemblies).

In the case that these actions cause substantial harm to the rights and legitimate interests of citizens, organizations, society or the state, criminal liability will arise (Article 400 of the Criminal Code - organizing or participating in an unauthorized action if they have caused significant damage).

Administrative and criminal legal measures will be equally applied to those who support such actions.

In this regard, the General Prosecutor’s Office urges not to succumb to provocations, to strictly comply with applicable laws and to refrain from participating in illegal rallies.