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LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 18, 2005 No. 31-III ZRK

About counteraction to extremism

(as amended on 28-12-2016)

This Law determines legal and organizational basis of counteraction to extremism for the purpose of protection of rights and freedoms of man and citizen, bases of the constitutional system, ensuring sovereignty of the Republic of Kazakhstan, integrity, immunity and inalienability of its territory, homeland security.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) extremism - the organization and (or) making:

the physical and (or) legal entity, consolidation of physical and (or) legal entities of actions on behalf of the organizations recognized in accordance with the established procedure as extremist;

the physical and (or) legal entity, consolidation of physical and (or) legal entities of the actions pursuing the following extremist aims:

violent change of the constitutional system, violation of sovereignty of the Republic of Kazakhstan, integrity, immunity and inalienability of its territory, undermining national security and defense capability of the state, forcible seizure of power or violent deduction of the power, creation, management and participation in illegal paramilitary force, organization of armed rebellion and participation in it, kindling of social, class discord (political extremism);

kindling of the racial, national and patrimonial discord including connected with violence or appeals to violence (national extremism);

incitement of the religious strife or discord including connected with violence or appeals to violence and also application of any religious practice causing safety hazard, lives, to health, morality or the rights and freedoms of citizens (religious extremism);

2) counteraction to extremism - the activities of state bodies directed to protection of rights and freedoms of man and citizen, bases of the constitutional system, ensuring integrity and homeland security of the Republic of Kazakhstan against extremism, the prevention, identification, suppression of extremism and liquidation of its effects, and also identification and elimination of the reasons and conditions promoting implementation of extremism;

3) financing of extremism - provision or whip-round and (or) other property, the right to property or benefits of property nature, and also donation, exchange, donations, the charitable help, rendering information and other services either the rendering financial services to physical person or group of persons, or the legal entity which is commited by person who was obviously realizing extremist nature of their activities or the fact that the provided property, the rendered information, financial and other services will be used for implementation of extremism or providing extremist group, the extremist organization, illegal paramilitary force;

4) prevention of extremism - system of the legal, organizational, educational, propaganda and other measures directed to the prevention of extremism;

5) extremist actions - direct realization of actions in the extremist purposes, including public calls for making of such actions, promotion, propaganda and public demonstration of symbolics of the extremist organizations;

6) the organization of extremist actions - management of extremist actions, financing of extremism, recruitment of persons, production and acquisition of means and tools in the extremist purposes, and also other actions of physical and (or) legal entities, associations of physical and (or) legal entities directed to creation of conditions for implementation of extremism;

7) extremist materials - any information materials containing signs and (or) appeals to implementation of extremist actions or proving or justifying need of their making;

8) extremist group - the organized group pursuing the aim of making of one or several extremist crimes;

9) the extremist organization - the legal entity, consolidation of physical and (or) legal entities performing extremism and recognized by court extremist.

Article 2. Legislation of the Republic of Kazakhstan on counteraction to extremism

1. The legislation of the Republic of Kazakhstan on counteraction to extremism is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan determines other rules by what those which contain in this Law then rules of the international treaty are applied.

Article 3. Prohibition of creation of the extremist organizations in the Republic of Kazakhstan

In the territory of the Republic of Kazakhstan creation and organization activity (branches and representations) are prohibited, the purposes or actions of which are directed to implementation of extremism.

Use of names of the organizations recognized according to the procedure, established by the legislation of the Republic of Kazakhstan, extremist, in names of the created organizations is not allowed.

Article 4. Main objectives and principles of counteraction to extremism

1. The main objectives of counteraction to extremism are:

inadmissibility of implementation of extremism in the Republic of Kazakhstan irrespective of forms of its expression;

prevention of creation of conditions and opportunities for implementation of extremism;

forming of political and legal culture of citizens;

ensuring national security of the Republic of Kazakhstan.

2. Counteraction to extremism is based on the principles:

rule of law;

equality of rights and freedoms of man and citizen irrespective of its race, nationality, language, the relation to religion, belonging to social groups;

public, including interethnic and interfaith concord;

interactions of the state and public institutes;

publicity.

Article 5. Main directions of counteraction to extremism

Counteraction to extremism is performed in the following main directions:

acceptance of the preventive measures directed to the prevention of extremism including on identification and the subsequent elimination of the reasons and conditions promoting its implementation;

identification and suppression of extremism;

international cooperation in the field of counteraction to extremism.

Article 6. Competence of state bodies in prevention of extremism

State bodies within the competence realize the following preventive measures directed to the prevention of extremism:

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