CC BY
215
The problems of fighting against terrorism in the Republic of Kazakhstan
and effective, according to which every person maltreating not remain on the sidelines, even morally. Cruelty to animals defenseless living creature would be justly punished. deserves careful and serious attitude from the part of soci-
In such cases, the facts of indifference are unacceptable If ety in all aspects.
a person has witnessed the mistreatment of animals, he must
References:
1. Miroshnichenko V. S. Cruelty to animals: criminal and criminological aspects: Author. Dis ...Cand. jurid. Sciences. -Moscow, 2013.
2. Clicks B. Protection of Cruelty to Animals.//Laws and regulations. - M., 2008. - № 4.
3. Miller E. Criminal - legal protection of morals: Diss. .Cand. jurid. Sciences. - Rostov-on-Don, 2006.
4. Protection of Animals, What is Animal Cruelty// [Electronic resource]. - Available from: http://www.ontariospca.ca/
Abdrashev Ruslan Murathanovich, Almaty Management University, Doctor of Legal Science, Professor, the Facultu of law
E-mail: [email protected] Baimagambetova Zulfiya Mazhitovna, KazNU named after al Farabi, Doctor Ph.D, docent, Faculty of the Foreign Relations E-mail: [email protected] Seralieva Aliya Mazhitovna, KazNPU named after Abai, Candidate of Legal Sciences, docent, Department of social and humanities disciplines E-mail: [email protected]
The problems of fighting against terrorism in the Republic of Kazakhstan
Abstract: the Article is sanctified to the conceptual aspects of fight against terrorism in Republic of Kazakhstan. An authors conducted the analysis of counterterrorist legislation of Republic of Kazakhstan (Criminal code of Republic of Kazakhstan, Law “On counteraction to extremism", Law “On counteraction to terrorism”, Government Program of counteraction to religious extremism).
Keywords: terrorism, terrorist acts, terrorist activities, terrorist crimes, extremism, extremist organization; ideology of violence.
Events of 2011 that took place in Atyrau, Zhambyl, Aktobe regions of Kazakhstan, indicate that there is international terrorism in our country. The country has received almost all possible forms of anti-state and anti-human terror: it’s the holding of hostages, demonstration murders of law enforcement officers. At the same time, the commission of terrorist acts against law enforcement officials is a feature of terrorism in Kazakhstan. A major role in these processes has been brought by global trends in terrorism as a political weapon of the struggle for world power.
In order to protect national security field work is conducted to identify those who involved in extremist and terrorist activities within the territory of Kazakhstan, and hiding in our country from pursuing of law enforcement agencies of foreign countries for terrorist crimes outside of Kazakhstan. However, despite the taken measures, the extremist and terrorist activities is becoming more organized every year and new faces are involved in the ranks of such groups
under the influence of external forces. In particular, the international extremist and terrorist organizations that hide behind religious rhetoric are trying to form radical views and beliefs in Kazakhstan society.
Their purposeful impact on the consciousness of individuals leads to a loss of a sense of patriotism and national identity, cultural, moral and family values. To undermine the foundations of the constitutional system international extremist and terrorist organizations, spreading radical ideas, provoke antisocial mood, making plans and intentions to commit acts of terrorism within the territory of Kazakhstan [1].
European countries are fighting terrorism in four main areas. The first is to identify and block financial flows that feed terrorism. The second is related to the development or updating of legislation and the conceptual framework in this area. The third direction is improvement of cooperation between law enforcement agencies of individual countries. The fourth area is to improve the interjudicial cooperation [2].
59
Section 12. Criminal law and criminology
To date, the fight against terrorism in the Republic of Kazakhstan is conducted in all four directions. At the same time, great importance is given to legal support of terrorism prevention. However, a comparative legal analysis of existing legal acts shows the limitations of the conceptual framework in this area and, therefore, the lack of vision for the fight against terrorism and extremism.
The most serious shortcoming in the fight against new challenges and threats in the Republic of Kazakhstan was the lack of a legal interpretation of the concept of “extremism”. Developer of the law “On Countering Extremism” did not see the difference between the concept and classification of extremism. So, in section 5, Article 1 of the Law of the Republic of Kazakhstan “On Countering Extremism” there was specified classification of this phenomenon on the political, national and religious instead of the definition of “extremism” With vague idea of extremism, it is difficult to prosecute extremist organizations. The conclusion is very simple: we must begin the fight against extremism and terrorism from the definition of what is terrorism and extremism [3].
In the future the situation in some way has been fixed. Thus, according to section 5, Article 1 of the Law of the Republic of Kazakhstan “On Countering Extremism” (as amended on February 13, 2012) extremism has several meanings. By extremism the law mean:
1) organization;
2) commission:
- by an individual and (or) legal entity, association of individual and (or) legal entities actions on behalf of organizations duly recognized as extremist;
- by an individual and (or) legal entity, association of individual and (or) legal entities actions pursuing the following aims:
• forcible changing of the constitutional order, violation of the sovereignty of the Republic of Kazakhstan, integrity, inviolability and inalienability of its territory, undermining of national security and defense of the state, violent seizure of power or forcible retention of power, creation, management and participation in an illegal paramilitary forces, organization of armed rebellion and participation in it, incitement of social, class hatred (political extremism);
• incitement of racial, ethnic and tribal hatred, including which is associated with violence or proclivity for violence (national extremism);
• incitement of religious hatred or enmity, including which is associated with violence or proclivity for violence and the use of any religious practice that causes a security threat, danger to life, health or morality or the rights and freedoms of citizens (religious extremism) [3].
The said definition of extremism is clearly blurred, which causes some difficulties in the law enforcement activity. In turn, considered definition can be the cause of the distortion of statistical data on the phenomenon under consideration.
As the legislator did not understand the relationship of the terms “extremism” and “terrorism”, the series of collisions
were formed in the Criminal Code of the Republic of Kazakhstan. Before proceeding to examine them, you must first establish the relation of the concepts.
In the Explanatory Dictionary of Russian language by
S. I. Ozhegov extremism is understood as the adherence to extreme views and measures [4]. Based on the foregoing, extremism is not only a criminal ideology, but also committing extreme measures, which can be the committing of terrorist acts. Therefore, in some situations, extremism is an ideological basis of terrorism, as well as its final phase. Thus, the concept of “extremism” is broader than the concept of “terrorism” The number of legal scholars also hold this point of view.
However, the legislator to extremist crime include the following acts provided by articles 174 — Incitement of social, national, ethnic, racial, class or religious hatred, 179 — Propaganda or public appeals to seize or retain power, and equally seizure or retention of power or forcible change the constitutional order of the Republic of Kazakhstan, 180 — separatist activities, 181 — armed rebellion, 182 — creation, Guide extremist group or participating in its activities, 184 — sabotage, 258 — the financing of terrorist or of extremist activity and other assistance terrorism or to extremism, 259 — recruitment or preparation any armed persons for the organization of of terrorist or of extremist activity, 260 — the passage of terrorist or extremist preparation, 267 — illegal paramilitaries organization, 404 — creation, management and participation in the activities of illegal public and other unions (Part 2 and 3) and 405 — the organization of and participation in the activities of a public or religious association or other organization after the court decision banning of their activities or elimination in for their exercise of extremism or terrorism of the Criminal Code (Art. 3 para. 39 of the Criminal Code).
A terrorist crimes are acts punishable under articles of 170 — mercenaries, 171 — creation ofbase (of camps) preparation of mercenaries, 173 — an attack on of persons or organizations enjoying international protection, 177 — attempt on the life of the First President of the Republic of Kazakhstan — Leader of the Nation, 178 — attempt on the life of the President of the Republic of Kazakhstan, 184 — diversion, 255 — an act of terrorism, 256 — propaganda of terrorism or public appeals to commit of an act of terrorism, 257 — creating, directing a terrorist group and participation in its activities, 258 — the financing of terrorist or extremist activity and other assistance terrorism or to extremism, 259 — the recruitment or training of any armed persons in order to organize of terrorist or of extremist activity, 260 — the passage of terrorist or extremist preparation, 261 — hostage taking, 269 — the attack on buildings, means of transportation and communication, or a seizure and 270 — theft, as well as the seizure of aircraft or vessel or railway rolling stock of the Criminal Code (Art. 3 p. 30 of the Criminal Code) [5].
Study of considered crime components allows you to see the traditional illogic and the absence of any conceptual approach in their design in terms of consolidation in a particular part of attributes of different types of threats.
60
Procedural activity of the court in adversarial criminal proceedings
In this connection it is necessary to unify the language of threats in the criminal law. The terms “terrorism" and “extremism” are very multifaceted, resulting in blurred the line between law these concepts.
In 2013 the Senate approved the bill “On amendments and additions to some legislative acts of Kazakhstan on combating terrorism” It is offered to review the key concept of the term “terrorism”. Modern terrorism, by general repute of experts, should be regarded not as a specific criminal act, but as a complex social and political phenomenon. Therefore, the bill provides a new definition of terrorism as an ideology of violence and practices of impact on decision-making by public authorities, local governments or international organizations, by committing, or threats of violence or other criminal acts involving the intimidation of the population and aimed at serious personal injury, society and the state” [6].
Later, in section 5, Article 1 of the Law of the Republic of Kazakhstan dated July 13, 1999 “On Combating Terrorism” terrorism is defined as “an ideology of violence and practices of impact on decision-making by public authorities, local governments or international organizations, by committing, or threats of violence or other criminal acts involving the intimidation of the population and aimed at serious personal injury, society and the state” [7].
In our opinion, based on the analysis of the legal interpretation of the term “terrorism”, it follows that today considered definition completely absorbs the definition of “extremism”. Thus, the fight against new challenges and threats has not so far a proper legal framework in the Republic of Kazakhstan. In other words, the anti-terrorism legislation of the Republic of Kazakhstan has blurred the concept of counter-terrorism.
References:
1. Presidential Decree of the Republic of Kazakhstan ‘‘On state program on combating religious extremism and terrorism in the Republic of Kazakhstan for 2013-2017”.
2. Ovchinsky V S. The problems of fighting against terrorism in the modern world. - M., 2001. - 124 p.
3. Law of the Republic of Kazakhstan “On Countering Extremism” dated 18 february, 2005 (as amended on 11.07.2014)/ [Electronic resource]. - Available from: http://online.zakon.kz/Document/?doc_id=30004865
4. Ozhegov S. I. The Explanatory Dictionary of Russian language. - М., 2001. - 1012 p.
5. The Criminal Code of the Republic of Kazakhstan on the 3.07.2014 date (with amendments and additions on 25.01.01)/ [Electronic resource]. - Available from: http://online.zakon.kz/Document/?doc_id=31575252
6. Senate of Kazakhstan approved amendments to the anti-terrorist legislation//Tengrinews.kz. 06.12.2012.
7. Law of the Republic of Kazakhstan “On Countering terrorism” dated July 13, 1999 (as amended on 07.11.2014)/ [Electronic resource]. - Available from: http://online.zakon.kz/Document/?doc_id=1013957
Bersugurova Laziza Shaltayevna, Kazakh National University named after al-Farabi, Doktor of Law, the Faculty of Law Baydalina Meruert, Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law E-mail: [email protected]
Procedural activity of the court in adversarial criminal proceedings
Abstract: In the article the general rules of judicial activity of court are analysed in contention criminal procedure. An accent is done on the changes brought in criminal procedure by a new legislation. Tasks and plenary powers are examined ships following from principle of contentionness. The terms of establishment of equality of rights of parties are analysed in the Kazakhstan criminal trial. A comparative analysis is conducted with a former legislation.
Keywords: criminal procedure, court, judicial activity, justice, contentionness, judicial control, inquisitional judge.
The Constitution of the Republic of Kazakhstan proclaims principles such as justice in the Republic of
Kazakhstan shall be exercised only by the courts, the judges are independent and subject only to the Constitution and laws, jurisdiction is based on the equality of the parties. It is not possible to further judicial reform in Kazakhstan without improving the criminal procedural law. As a strategic
objective defined development of an independent judiciary able to reliably protect the rights and freedoms of man and citizen. As the key challenges placed, improving judicial order, overcoming accusatory of courts, the eradication of judicial red tape and fraud during the pre-trial, trial production, improvement of adversarial proceedings, the improvement of pre-trial proceedings in criminal matters, etc.
61
