Unofficial translation
This Law regulates public relations aimed at implementing the right of citizens of the Republic of Kazakhstan, established by the Constitution of the Republic of Kazakhstan, to assemble peacefully and without weapons, to hold meetings, rallies and demonstrations, processions and pickets.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) peaceful assembly - a public event that is peaceful, non-violent and unarmed in nature, does not pose a threat to the interests of state security, public order, health protection, protection of the morals of the population, the rights and freedoms of others, held in the form of a meeting, meeting and demonstration , processions and picketing by citizens of the Republic of Kazakhstan;
2) participant of a peaceful assembly - a citizen of the Republic of Kazakhstan who voluntarily takes part in a peaceful assembly;
3) a specialized place for organizing and holding peaceful assemblies - a public place or a route determined by the local representative body of a city of republican significance, the capital or a district (city of regional significance) for holding peaceful assemblies;
4) organizer of a peaceful assembly - an adult citizen or a group of adult citizens of the Republic of Kazakhstan, or a legal entity registered in the manner prescribed by the legislation of the Republic of Kazakhstan, initiating a peaceful assembly, organizing its holding and leading the peaceful assembly and its participants;
5) demonstration - the movement of a citizen or a group of citizens of the Republic of Kazakhstan at a certain time along a certain route for the purpose of public expression of opinion on socially significant issues and (or) actions (inaction) of persons and (or) bodies, organizations, carried out using vehicles, with or without the use of sound-amplifying technical means, posters, banners and other means of visual agitation, with or without raising demands;
6) local executive body - a collegial executive body headed by the akim of the city of republican significance and the capital, district (city of regional significance), exercising, within its competence, local state administration and administration itself in the corresponding territory;
7) meeting - the joint presence of citizens of the Republic of Kazakhstan in a certain place at a certain time for the purpose of collective public discussion of socially significant issues and (or) actions (inaction) of persons and (or) bodies, organizations;
8) rally - the joint presence of citizens of the Republic of Kazakhstan in a certain place at a certain time for public expression of opinions on socially significant issues and (or) actions (inaction) of persons and (or) bodies, organizations, carried out using sound-amplifying technical means, posters, banners and other means of visual campaigning or without it, with the presentation of demands or without it;
9) approval of the application - a document issued by the local executive body for a peaceful assembly in the form of a demonstration, procession;
10) picketing - the presence of one citizen of the Republic of Kazakhstan in a certain place at a certain time for the purpose of public expression of opinion on socially significant issues and (or) actions (inaction) of persons and (or) bodies, organizations, carried out without movement and without the use of sound-amplifying technical means , with the use of posters, banners and other means of visual campaigning or without it;
11) notification - a preliminary notification of the intention to hold a peaceful assembly in the form of a picketing, assembly or rally in a certain place and at a certain time, sent by the organizer of the peaceful assembly to the local executive body;
12) march - the passage of a citizen or a group of citizens of the Republic of Kazakhstan without using vehicles at a certain time along a certain route for the purpose of public expression of opinion on socially significant issues and (or) actions ( inaction) of persons and (or) bodies, organizations, carried out using sound-amplifying technical means, posters, banners and other means of visual agitation or without it, with or without raising demands.
Article 2. Legislation of the Republic of Kazakhstan on the procedure for organizing and conducting peaceful assemblies
1. The legislation of the Republic of Kazakhstan on the procedure for organizing and holding peaceful assemblies 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. The right to freedom of peaceful assembly may not be limited, with the exception of the cases established by this Law in the interests of state security, public order, health protection, protection of the rights and freedoms of others.
3. It is prohibited to hold a meeting, meeting, demonstration, procession and picketing in violation of this Law.
4. When a state of emergency, martial law or the legal regime of an anti-terrorist operation is introduced for the period of their validity, peaceful assemblies may be prohibited or limited in accordance with the procedure established by the laws of the Republic of Kazakhstan " On a state of emergency ", " On martial law " and " On countering terrorism ."
5. This Law does not apply to public relations associated with holding events in closed spaces , official, cultural, entertainment mass cultural, physical culture, health and sports events, meetings and gatherings of local communities, meetings of apartment owners, non-residential premises of multi-apartment residential at home, as well as divine services, religious rites, ceremonies and (or) meetings, the procedure for which is determined by the laws of the Republic of Kazakhstan " On Holidays in the Republic of Kazakhstan ", " On Culture ", " On Physical Culture and Sports ", " On Local Public Administration and self-government in the Republic of Kazakhstan ”,“ On housing relations ”,“ On religious activity and religious associations ”.
6. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law , then the rules of the international treaty are applied.
Article 3. Principles of organizing and conducting peaceful assemblies
The organization and conduct of peaceful assemblies are based on the following principles:
1) non-violent character;
2) legality;
3) ensuring state security, public order, health protection, protection of the rights and freedoms of other persons;
4) voluntary participation;
5) presumptions in favor of holding peaceful assemblies;
6) responsibility of the parties.
Chapter 2. PROCEDURE FOR ORGANIZING AND HOLDING PEACEFUL ASSEMBLIES
Article 4. Organization of peaceful assemblies
The organization of peaceful assemblies includes:
1) notification of possible participants in peaceful assemblies;
2) submission of a notice of peaceful assemblies or an application for approval to the local executive body;
3) rendering assistance, within the competence of state bodies and (or) organizations, to the organizers of peaceful assemblies in providing medical and other necessary assistance during peaceful assemblies;
4) conducting campaigning by any methods not prohibited by the laws of the Republic of Kazakhstan;
5) conducting by the organizer of peaceful assemblies in order to ensure state security , public order, health protection, protection of the rights and freedoms of other persons, explanatory work with participants in peaceful assemblies;
6) ensuring public order during peaceful assemblies;
7) other actions that do not contradict the legislation of the Republic of Kazakhstan, performed in order to organize and conduct peaceful assemblies.
Article 5. Organizer of peaceful assemblies
1. The organizer of peaceful assemblies has the right:
1) publicly express opinions, demands, make decisions during peaceful assemblies ;
2) to hold peaceful assemblies in the manner prescribed by this Law;
3) carry out campaigning in the manner prescribed by Article 15 of this Law;
4) receive information on measures taken within the competence of state bodies and (or) organizations to promote public order, the organization of medical care and other necessary assistance;
5) organize the collection of signatures under the requirements, applications of citizens;
6) to use, during peaceful assemblies, sound-amplifying technical means with a sound level corresponding to the legislation of the Republic of Kazakhstan, posters, banners and other means of visual agitation, as well as vehicles in cases provided for by this Law;
7) use the means of audiovisual equipment, as well as make video and photographs during peaceful assemblies;
8) apply for medical assistance and safe evacuation from the place of peaceful assembly;
9) suspend or suspend peaceful assemblies;
10) refuse to hold peaceful assemblies;
11) exercise other rights provided for by the laws of the Republic of Kazakhstan.
2. The organizer of peaceful assemblies must:
1) comply with the requirements of this Law;
2) respect the rights and legitimate interests of individuals and legal entities during peaceful assemblies;
3) comply with the legal requirements of the representative of the local executive body and law enforcement officers;
4) demand from participants in peaceful assemblies to observe public order and the rules for their holding, as well as to prevent violations of the legislation of the Republic of Kazakhstan;
5) at the request of a representative of a local executive body, law enforcement officers, suspend or terminate peaceful assemblies in the cases provided for in Articles 17 and 18 of this Law, informing the participants of peaceful assemblies about the need to fulfill such a requirement;
6) create conditions for the safety of participants in peaceful assemblies during their holding, ensure the safety of buildings, structures, small architectural forms, green spaces, as well as other property;
7) wear the distinctive sign of the organizer of peaceful assemblies;
8) if the organizer of peaceful assemblies makes a decision to refuse to hold a peaceful assembly, immediately inform the local and executive body and citizens through the media, telecommunications networks and in other ways not prohibited by the laws of the Republic of Kazakhstan, as well as stop campaigning;
9) comply with the requirements of employees of the internal affairs bodies and (or) the prosecutor's office aimed at protecting the life and health of participants in peaceful assemblies and other persons during their holding, maintaining public order and ensuring public safety, and assisting the internal affairs bodies in ensuring the protection of public order;
10) carry out other obligations provided for by the laws of the Republic of Kazakhstan.
3. The organizer of peaceful assemblies during peaceful assemblies is prohibited from:
1) call for violation of the Constitution of the Republic of Kazakhstan , laws and other normative legal acts of the Republic of Kazakhstan, mass disorders, incitement of social, racial, national, religious, class and tribal hatred, propagandize or publicly call for the seizure or retention of power, violent change of the constitutional building the Republic of Kazakhstan;
2) take actions that interfere with the smooth functioning of transport, infrastructure facilities, the preservation of green spaces and small architectural forms, other property , and also impede the free movement of citizens who do not participate in peaceful assemblies;
3) obstruct the activities of state bodies, organizations, officials when they carry out a set of measures to protect life, health, human and civil rights and freedoms , the interests of society and the state, the protection of public order and ensuring public safety during peaceful assemblies;
4) involve private security organizations in ensuring public order and safety of participants in peaceful assemblies ;
5) install yurts, tents, other structures without the consent of the local executive body;
6) have cold, firearms and other weapons with you, as well as specially prepared or adapted items (substances, products) that can be used against the life and health of people, to cause material damage to citizens and property of legal entities;
7) engage in the distribution and (or) consumption of alcoholic beverages, narcotic drugs, psychotropic substances, their analogues, and also be in a state of alcoholic, narcotic and (or) toxic intoxication;
8) use items of clothing and (or) other means that interfere with face recognition, with the exception of personal protective equipment aimed at protecting health;
9) use, during campaigning and peaceful assemblies, symbols aimed at violating the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republics and Kazakhstan, inciting social, racial, national, religious, class and tribal hatred, as well as symbols, illustrative materials of terrorist or extremist organizations prohibited in accordance with the laws of the Republic of Kazakhstan.
4. It is not allowed to hold peaceful assemblies in the absence of the organizer or the organizer's representative.
5. Representatives of the organizer of peaceful assemblies enjoy the same rights and bear the same duties as the organizer.
6. The organizer of peaceful assemblies can not be:
1) a citizen of the Republic of Kazakhstan, recognized by a court as incapable or partially capable, or who has been sentenced by a court verdict in the form of correctional labor, involvement in community service, restriction of freedom, arrest, imprisonment, for the period of serving the sentence;
2) a citizen of the Republic of Kazakhstan who has an outstanding or unexpunged conviction for participation in mass riots, high treason, espionage, extremist and terrorist crimes, violation of the procedure for organizing and conducting peaceful assemblies;
3) a legal entity that has not been registered in the manner prescribed by the legislation of the Republic of Kazakhstan;
4) an organization, the activity of which is suspended or prohibited in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Article 6. Participant of peaceful assemblies
1. A participant in peaceful assemblies has the right:
1) publicly express an opinion;
2) participate in discussion and decision-making, other collective actions during peaceful assemblies;
3) receive information from the organizer of peaceful assemblies and (or) the local executive body on measures taken to organize and conduct peaceful assemblies;
4) express consent or disagreement on issues of peaceful assemblies;
5) use, during peaceful assemblies, sound-amplifying technical means with a sound level corresponding to the legislation of the Republic of Kazakhstan, posters, banners and other means of visual agitation, as well as vehicles in the cases provided for by this Law;
6) use the means of audiovisual equipment, as well as make video and photographs during peaceful assemblies;
7) apply for medical assistance and safe evacuation from the place of peaceful assemblies;
8) exercise other rights provided for by the laws of the Republic of Kazakhstan.
2. A participant in peaceful assemblies is obliged:
1) comply with the requirements of this Law;
2) comply with the legal requirements of the organizer of peaceful assemblies, a representative of the local executive body and law enforcement officers;
3) respect the rights and legitimate interests of individuals and legal entities during peaceful assemblies;
4) observe public order and the rules for holding peaceful assemblies, as well as prevent violations of the legislation of the Republic of Kazakhstan;
5) not to interfere with the free movement of citizens who do not participate in peaceful assemblies;
6) ensure the safety of buildings, structures, small architectural forms, green spaces, as well as other property;
7) comply with the requirements of employees of the internal affairs bodies and (or) the prosecutor's office aimed at protecting the life and health of participants in peaceful assemblies and other persons during their holding, protecting public order and ensuring public safety;
8) to carry out other obligations provided for by the laws of the Republic of Kazakhstan.
3. A participant in peaceful assemblies is prohibited from:
1) call for violation of the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan, mass riots , incitement of social, racial, national, religious, class and clan hatred, propagandize or publicly call for the seizure or retention of power, forcible change of the constitutional order Republic of Kazakhstan;
2) take actions that interfere with the smooth functioning of transport, infrastructure facilities, the preservation of green spaces and small architectural forms, other property, and also impede the free movement of citizens who do not participate in peaceful assemblies;
3) hinder the activities of state bodies, organizations, officials when they carry out a set of measures to protect life, health, human and civil rights and freedoms, the interests of society and the state, the protection of public order and public safety during peaceful assemblies;
4) to set up yurts, tents, other structures if the organizer of peaceful assemblies does not have the appropriate consent of the local executive body;
5) have with you cold, fire- blasting and other weapons, as well as specially prepared or adapted items (substances, products) that can be used against the life and health of people, for causing material damage to citizens and property of legal entities;
6) engage in the distribution and (or) consumption of alcoholic beverages, narcotic drugs, psychotropic substances, their analogues, and also be in a state of alcoholic, narcotic and (or) toxic intoxication;
7) use items of clothing and (or) other means that interfere with face recognition, with the exception of personal protective equipment aimed at protecting health;
8) use, during peaceful assemblies, symbols aimed at violating the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan, inciting social, racial, national, religious, class and tribal hatred, as well as symbols, illustrative materials of terrorist silt and extremist organizations prohibited in accordance with the laws of the Republic of Kazakhstan;
9) receive material rewards for participating in peaceful meetings.
Article 7. Activities of a journalist (representative of the mass media)
1. A journalist (representative of the mass media), during peaceful assemblies, shall enjoy the rights established by the laws of the Republic of Kazakhstan.
2. A journalist (media representative) during peaceful assemblies is obliged:
1) do not interfere with the legal actions of the organizer and participants of peaceful assemblies, as well as employees of state bodies, organizations;
2) not to take actions that interfere with the smooth functioning of transport, infrastructure facilities, the safety of property, as well as impede the free movement of citizens who do not participate in peaceful assemblies.
Article 8. Competence of state bodies
1. The authorized body in the field of interaction between the state and civil society develops and approves the forms of distinctive signs of the organizer of peaceful assemblies.
2. Local representative body of the city of republican significance, the capital or district (city of regional significance):
1) determines specialized places for organizing and conducting peaceful assemblies, the procedure for using specialized places for organizing and conducting peaceful assemblies, the norms for their maximum occupancy, as well as requirements for the material, technical and organizational support of specialized places for organizing and holding peaceful assemblies;
2) defines the boundaries of adjacent territories in which picketing is prohibited;
3) exercise, in accordance with the legislation of the Republic of Kazakhstan, other powers to ensure the rights and legitimate interests of citizens.
3. Local executive body:
1) considers notifications of holding peaceful assemblies or applications for obtaining approval within the time limits established by Articles 11 and 13 of this Law;
2) based on the results of consideration of a notice of holding peaceful assemblies or an application for obtaining approval, informs the organizers of peaceful assemblies of the decision taken within the time limits established by Articles 11 and 13 of this Law;
3) in the event of a threat to state security, public order, health protection, protection of the rights and freedoms of other persons, refuses to set up tents, yurts, structures, use sound-amplifying technical equipment, vehicles during peaceful assemblies;
4) proposes to the organizer of peaceful assemblies a different place and (or) route or time for holding peaceful assemblies in the cases and terms established by Articles 11 and 13 of this Law;
5), depending on the form of peaceful assemblies and the number of its participants, appoint their representatives in order to assist the organizer of peaceful assemblies in holding peaceful assemblies in accordance with this Law;
6) provides information on the measures taken to organize and conduct peaceful assemblies to the organizers and participants of peaceful assemblies;
7) requires the organizer of peaceful assemblies to suspend or terminate peaceful assemblies in accordance with Articles 17 and 18 of this Law;
8) suspends or terminates peaceful assemblies in the cases provided for in Articles 17 and 18 of this Law;
9) in the absence of a response on the consent or disagreement of the organizer of peaceful assemblies with a change in the place and (or) route or time of peaceful assemblies, expressed in written or electronic form, makes a decision to refuse to conduct peaceful assemblies;
10) post on its Internet resource a list of specialized places for organizing and holding peaceful assemblies, as well as information about their employment;
11) exercise other powers assigned to him by the legislation of the Republic of Kazakhstan.
4. The rights and obligations of law enforcement agencies are determined by the laws of the Republic of Kazakhstan n.
Article 9. Place and time of peaceful assemblies
1. Peaceful assemblies are held in specialized places for the organization and conduct of peaceful assemblies. It is prohibited to hold peaceful assemblies in other places, except for picketing.
Carrying picketing is prohibited in the area specified in paragraph 5 of this Article.
2. When determining specialized places for organizing and conducting peaceful assemblies and establishing the procedure for their use, it should be ensured that it is possible to achieve the goal of peaceful assemblies, the establishment of specialized places for organizing and holding peaceful assemblies in the central and other parts of administrative-territorial units, the convenience of organization, the possibility organizers and participants of peaceful assemblies of infrastructure facilities, compliance with sanitary norms and rules, safety of organizers and participants of peaceful assemblies, and other persons.
In the central parts of districts in cities of republican significance, the capital, as well as in the administrative centers of regions, the number of specialized places for organizing and conducting picketing, meetings or rallies must be at least three.
3. In the event that several organizers of peaceful assemblies claim to hold a peaceful assembly in the same place and (or) along the same route or at the same time, the order of use of the specified place is determined by the local executive body based on from the time of receipt of the corresponding notification or statement from the organizer of peaceful assemblies.
4. Peaceful assemblies may not start earlier than 9:00 and end later than 20:00 local time of the administrative-territorial unit on the day of peaceful assemblies.
5. Carrying out picketing is prohibited:
1) in places of mass graves;
2) at the facilities of railway, water, air and road transport and adjacent territories;
3) in the territories adjacent to organizations that ensure the defense capability, state security and the life of the population;
4) in the territories adjacent to the residences of the President of the Republic of Kazakhstan, the First President of the Republic of Kazakhstan - Elbasy ;
5) in the territories adjacent to hazardous production facilities and other facilities, the operation of which requires compliance with special safety rules;
6) on the main railway networks, main pipelines, the national electrical network, main communication lines and adjacent territories.
6. It is not allowed to hold two or more pickets in the same place at the same time at the same facility, with the exception of specialized places for organizing and holding peaceful assemblies.
The duration of picketing should not exceed two hours a day in the same place at the same facility, with the exception of specialized places for organizing and holding peaceful assemblies.
Article 10. Notification of peaceful assemblies
1. A notice of holding peaceful assemblies in the form of picketing, gatherings, rallies shall be submitted by the organizer of peaceful assemblies to the local executive body in hard copy or in the form of an electronic document certified by means of an electronic digital signature, no later than five working days before the day of its holding ...
2. The day of filing a notice of peaceful assemblies is the day of registration of the notice with the local executive body.
3. The notification on holding peaceful assemblies shall indicate:
1) the purpose of a peaceful assembly;
2) the form of a peaceful assembly;
3) surname, name, patronymic (if any), individual identification number, place of residence or place of temporary stay (residence) of a citizen of the Republic of Kazakhstan - the organizer of peaceful assemblies, his representative (if any) or name, business identity number, place finding a legal entity - the organizer of peaceful assemblies;
4) a specialized place for organizing and holding peaceful assemblies, for pickets - a place of holding;
5) the date, time of the beginning and end of the peaceful assembly;
6) the expected number of participants;
7) information on the establishment of yurts, tents and other structures;
8) the intention to use sound-amplifying technical means, posters, banners and other means of visual agitation in the cases provided for by this Law;
9) the rules for holding peaceful assemblies approved by the organizer, with the exception of picketing;
10) email address, mobile phone number of the organizer of peaceful assemblies, his representative (if any);
11) the consent of the organizer of peaceful assemblies, his representative (if any) to the collection, processing of his personal data specified in the notification;
12) sources of funding for holding peaceful assemblies;
13) the date of submission of the notification about the holding of peaceful assemblies and the signature of the organizer or his representative (if any).
Article 11. Procedure for consideration of notification
1. The local executive body, within three working days from the date of registration of the notification, informs the organizer of the peaceful assembly:
1) on holding a picketing, meeting, meeting without setting up yurts, tents, other structures, using sound-amplifying technical means;
2) on refusal to hold a picketing, meeting, rally on the grounds provided for by Article 14 of this Law;
3) on the proposal to change the place and (or) time of picketing, meetings, rallies in order to ensure human and civil rights and freedoms, state security, as well as the smooth functioning of transport, infrastructure facilities, the safety of green spaces and small architectural forms, other property.
In the absence of a response from the local executive body after the expiration of the period for consideration of the notification, the organizer holds a peaceful assembly in accordance with the submitted notification.
2. The local executive body informs the organizer of the peaceful assembly about the decision made in one of the following ways:
1) on purpose;
2) in the form of registered mail with acknowledgment of receipt;
3) by means of an electronic document certified by an electronic digital signature;
4) to the email address indicated by the organizer;
5) by the subscriber mobile number specified by the organizer.
If the decision of the local executive body is sent by the methods specified in subparagraphs 4) and 5) of the first part of this paragraph, the decision is also sent by registered mail with acknowledgment of receipt.
3. The organizer of a peaceful assembly, within one working day from the date of receipt of the proposal to change the place and (or) time of holding peaceful assemblies, informs the local executive body of his consent or disagreement with the change of the place and (or) time of holding peaceful assemblies in one of the following forms:
written (on purpose);
electronic (to the email address from which the proposal was received, or by means of an electronic document certified by an electronic digital signature);
by the mobile subscriber number from which the offer was received.
If the organizer of a peaceful assembly agrees to change the place and (or) time of peaceful assemblies, the local executive body has no right to refuse to hold peaceful assemblies.
In the absence of a response on the consent or disagreement of the organizer of a peaceful assembly with a change in the place and (or) time for holding peaceful assemblies, the local executive body shall make a decision to refuse to hold peaceful assemblies.
Article 12. Application for obtaining approval
1. An application for obtaining approval for holding peaceful assemblies in the form of a demonstration, procession is submitted by the organizer of a peaceful assembly to the local executive body in hard copy or in the form of an electronic document certified by means of an electronic digital signature, no later than ten working days before the day of its holding ...
The day of filing an application for obtaining approval is the day of registration of the application with the local executive body.
2. The application for obtaining approval shall indicate:
1) the purpose of a peaceful assembly;
2) the form of a peaceful assembly;
3) surname, first name, patronymic (if any), and individual identification number, place of residence or place of temporary stay (residence) of a citizen of the Republic of Kazakhstan - the organizer of peaceful assemblies, his representative (if any) or name, business identification number, place on the circulation of the legal entity - the organizer of peaceful assembly;
4) a specialized place for organizing and conducting peaceful assemblies and (or) the route of participants;
5) the date, time of the beginning and end of the peaceful assembly;
6) the estimated number of participants ;
7) measures of assistance in ensuring the protection of public order, the organization of medical care, fire safety, the intention to use sound-amplifying technical means, posters, banners and other means of visual campaigning, vehicles in the cases provided for by this Law;
8) if necessary - the total number and categories of vehicles, the route of their movement, including the length, the place of the beginning and end of the route;
9) the rules for holding peaceful assemblies approved by the organizer;
10) email address, mobile phone number of the organizer of peaceful assemblies, his representative (if any);
11) consent of the organizer of peaceful assemblies, his representative (if any) to the collection, processing of his personal data specified in the application;
12) sources of funding for holding peaceful assemblies;
13) the date of submission of the application for approval and the signature of the organizer or his representative (if any).
Article 13. Procedure for consideration of an application for obtaining approval
1. The local executive body considers the application and, within seven working days from the date of its registration, informs the organizer of the peaceful assembly:
1) on the coordination of a demonstration, procession;
2) on the coordination of a demonstration, procession without the use of sound-amplifying technical means, vehicles;
3) on refusal to conduct on the grounds provided for in Article 14 of this Law;
4) on the proposal to change the place and (or) route or time of peaceful assemblies in order to ensure human and civil rights and freedoms, state security, as well as the uninterrupted functioning of transport, infrastructure facilities, preservation of green spaces and small architectural forms, other property ...
2. The local executive body informs the organizer of the peaceful assembly about the decision made in one of the following ways:
1) on purpose;
2) in the form of registered mail with acknowledgment of receipt;
3) by means of an electronic document certified by an electronic digital signature;
4) to the email address indicated by the organizer;
5) by the subscriber number of cellular communication indicated by the organizer of the peaceful assembly.
If the decision of the local executive body is sent by the methods specified in subparagraphs 4) and 5) of the first part of this paragraph, the decision is also sent by registered mail with acknowledgment of receipt.
3. The organizer of a peaceful assembly for one working day from the date of receipt of the proposal to change the place and (or) the route or time of peaceful assembly according to the local executive body of their agreement or disagreement with the change of location and (or) route following a time n Conducting peaceful assemblies in one of the following forms:
written (on purpose);
electronic (to the email address from which the proposal was received, or by means of an electronic document certified by an electronic digital signature);
by the subscriber number of cellular communication from which the offer was received.
If the organizer of a peaceful assembly agrees to change the place and (or) route or time of peaceful assemblies, the local executive body does not have the right to refuse to hold peaceful assemblies.
In the absence of a response on the consent or disagreement of the organizer of a peaceful assembly with a change in the place and (or) route or time of peaceful assemblies, the local executive body shall make a decision to refuse to hold peaceful assemblies.
Article 14. Refusal to hold peaceful assemblies
1. The local executive body refuses to hold peaceful assemblies within the time limits established by paragraph 1 of Article 11 and paragraph 1 of Article 13 of this Law:
1) if their goals are a violent change of the constitutional system of the Republic of Kazakhstan, violation of the integrity of the Republic of Kazakhstan, undermining the security of the state, inciting social, racial, national, religious, class and tribal hatred, violation of other provisions of the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts Republic of Kazakhstan;
2) if the organizer of peaceful assemblies is the person specified in paragraph 6 of Article 5 of this Law;
3) if there is a threat to state security, violation of public order, health protection, protection of the rights and freedoms of other persons;
4) if the organizer of peaceful assemblies has violated the terms of notification of the conduct of peaceful assemblies or an application for approval, established by Articles 10 and 12 of this Law;
5) in case of providing incomplete information specified in paragraph 3 of Article 10 and paragraph 2 of Article 12 of this Law, or the absence of a signature of the organizer of peaceful assemblies or his representative (if any);
6) in the event that the submitted documents are unreliable or the documents, data and information required for holding peaceful assemblies are found to be unreliable with the requirements established by the regulatory legal acts of the Republic of Kazakhstan;
7) if funding for the organization and conduct of peaceful assemblies is carried out:
individuals and (or) legal entities included in the list of organizations and persons associated with the financing of the proliferation of weapons of mass destruction, and (or) in the list of organizations and persons associated with the financing of terrorism and extremism;
a legal entity whose activities are suspended or prohibited in accordance with the procedure established by the law of the Republic of Kazakhstan;
foreigners, stateless persons and foreign legal entities;
8) in the cases provided for by paragraph 4 of Article 2, paragraphs 5 and 6 of Article 9 of this Law;
9) if the estimated number of participants exceeds the maximum occupancy rate for specialized places for organizing and holding peaceful assemblies;
10) if, at the expected time of such events in specialized places for organizing and holding peaceful assemblies, it is planned to hold other official, cultural, entertainment cultural, physical culture, health-improving, sports and other events, construction and installation work are carried out.
2. The decision to refuse to hold peaceful assemblies must be grounded and motivated and can be appealed in accordance with the law of the Republic of Kazakhstan.
1. The organizer of a peaceful assembly and other citizens of the Republic of Kazakhstan have the right to freely conduct campaigning, providing information about the place and (or) route or time of peaceful assemblies, the purpose of holding peaceful assemblies and other information related to their organization and conduct, use symbols , illustrative materials not prohibited by this Law, as well as agitate to participate in these events after:
1) the expiration of the terms for consideration of the notice of holding peaceful assemblies and the application for obtaining approval or receiving a decision of the local executive body in accordance with Articles 11 and 13 of this Law;
2) the organizer of a peaceful assembly provides consent to change the place and (or) route or time of peaceful assemblies in accordance with paragraph 3 of Article 11 and paragraph 3 of Article 13 of this Law.
2. For campaigning, leaflets, posters and announcements may be distributed, mass media, telecommunication networks, and other methods not prohibited by the laws of the Republic of Kazakhstan may be used.
Article 16. Material, technical and organizational support for holding peaceful assemblies
1. The material, technical and organizational support for the conduct of peaceful assemblies is carried out by their organizer and participants at their own expense, as well as at the expense of funds and property collected and (or) transferred for holding these peaceful assemblies, if this Law and other laws of the Republic of Kazakhstan not stated otherwise.
2. It is prohibited to finance the organization and conduct of peaceful assemblies:
individuals and (or) legal entities included in the list of organizations and persons associated with the financing of the proliferation of weapons of mass destruction, and (or) in the list of organizations and persons associated with the financing of terrorism and extremism;
a legal entity whose activities are suspended or prohibited in the manner prescribed by the law of the Republic of Kazakhstan;
foreigners, stateless persons and foreign legal entities.
3. It is prohibited to set up yurts, tents and other structures in specialized places for organizing and holding peaceful assemblies without the consent of the local executive body.
Article 17. Grounds and procedure for suspension of peaceful assemblies
1. If during the conduct of peaceful assemblies through the fault of its participants, a violation of law and order occurred that does not entail a threat to the life and health of people, a representative of the local executive body has the right to demand that the organizer of peaceful assemblies, independently or jointly with him, eliminate this violation.
2. In case of non-fulfillment of the legal requirement to eliminate the violation, the representative of the local executive body shall suspend peaceful assemblies for the time set by him to eliminate the violation. If the violation is eliminated, the holding of peaceful assemblies by agreement between their organizer and a representative of the local executive body continues.
3. If the violation has not been eliminated after the expiration of the time established by the representative of the local executive body, peaceful assemblies must be terminated in the manner prescribed by Article 18 of this Law.
Article 18. Grounds and procedure for termination of peaceful assemblies
1. The grounds for the termination of peaceful assemblies are:
1) the creation of a real threat to the life and health of citizens, public order and (or) public safety, damage to property, including as a result of exceeding the maximum occupancy rate of a specialized place for organizing and holding peaceful assemblies;
2) incitement of social, racial, national, religious, class and tribal hatred, calls for the violent overthrow of the constitutional order of the Republic of Kazakhstan, encroachment on the territorial integrity of the Republic of Kazakhstan , as well as violation of other provisions of the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan ;
3) changing the form of holding peaceful assemblies;
4) the case provided for in paragraph 3 of Article 17 of this Law;
5) refusal of the organizer to hold a peaceful assembly;
6) expiration of the time for holding a peaceful assembly.
2. If a decision is made to terminate peaceful assemblies, the representative of the local executive body:
1) requires the organizer or participants of peaceful assemblies to voluntarily stop peaceful assemblies;
2) sets the time for fulfilling the requirement to terminate peaceful assemblies.
3. In case of non-fulfillment of the requirement to terminate peaceful assemblies, employees of the internal affairs bodies take the necessary measures to forcibly terminate peaceful assemblies in accordance with the legislation of the Republic of Kazakhstan.
4. Violation by a participant (participants) of peaceful assemblies of the requirements of this Law entails the termination of his (their) participation in peaceful assemblies and is not a reason for termination of peaceful assemblies in the event of its elimination.
Chapter 3. FINAL PROVISIONS
Article 19. Appealing against decisions and actions (inaction) that violate the right to freedom of peaceful assembly
Decisions and actions (inaction) of state bodies, local executive bodies, their officials may be appealed in the manner prescribed by the laws of the Republic of Kazakhstan.
Article 20. Responsibility for violation of the legislation of the Republic of Kazakhstan on the procedure for organizing and holding peaceful assemblies
Violation of the legislation of the Republic of Kazakhstan on the procedure for organizing and holding peaceful assemblies entails liability established by the laws of the Republic of Kazakhstan.
Article 21. Procedure for the entry into force of this Law
1. This Law shall enter into force upon the expiration of ten calendar days after the day of its first official publication.
2. To recognize as invalid the Law of the Republic of Kazakhstan dated March 17, 1995 "On the procedure for organizing and conducting peaceful assemblies, rallies, processions, pickets and demonstrations in the Republic of Kazakhstan" (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 1-2, art. .19; Bulletin of the Parliament of the Republic of Kazakhstan, 2004, No. 23, article 142).
| President of the Republic of Kazakhstan | K. Tokaev |
