NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 8, 2017 No. 11

About some questions of court practice on application of the legislation on terrorist and extremist crimes

On the basis of results of generalization of court practice, for the purpose of the correct and uniform application by courts of the legislation of the Republic of Kazakhstan on responsibility for terrorist and extremist crimes the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.

1. Terrorist and extremist crimes do essential harm to public safety, undermine statehood foundations therefore timely and correct consideration of these categories of cases is one of the most important conditions of safety of the state, protection of the rights, freedoms and legitimate interests of citizens and the organizations, execution of the Constitution of the Republic of Kazakhstan (further - the Constitution), the laws and other regulatory legal acts, and also international treaties of the Republic of Kazakhstan.

2. By hearing of cases about terrorist and extremist crimes courts should be guided by regulations of the Constitution, Criminal Code of Kazakhstan (further - UK), the laws of the Republic of Kazakhstan of July 13, 1999 No. 416 "About counteraction to terrorism" (further - the Law on counteraction to terrorism), of August 28, 2009 No. 191-IV "About counteraction of legalization (washing) of income gained in the illegal way and to terrorism financing" (further - the Law on counteraction of legalization (washing) of the income), of February 18, 2005 No. 31 "About counteraction to extremism" (further - the Law on counteraction to extremism), other regulatory legal acts of the Republic of Kazakhstan, and also the international treaties concerning fight against terrorism and extremism ratified by the Republic of Kazakhstan.

3. According to article 255 UK and to the subitem 6) of article 1 of the Law on counteraction to terrorism the act of terrorism is making or threat of making of explosion, the arson or other actions creating danger of death of people, causings significant property damage or approach of other socially dangerous effects if these actions are made for the purpose of violation of public safety, intimidation of the population, rendering impact on decision making by state bodies of the Republic of Kazakhstan, foreign state or the international organization, provocations of war or complication of the international relations, and also the infringement of human life made in the same purposes, and the infringement of life of the state or public figure made for the purpose of the termination of its state or other political activities or from revenge for such activities, or the infringement of human life integrated to attack on persons and the organizations is equal using international protection, buildings, constructions, taking of the hostage, buildings, constructions, intermedia and bonds, stealing, and it is equal with capture of air or water vessel, railway rolling stock or other public transport.

4. The list of terrorist and extremist crimes is stated in Items 30), 39) of article 3 UK.

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