Commentary on Article 145. Violation of the Equality of Human Beings and Citizens of the Criminal Code of the Republic of Kazakhstan

1. Direct or indirect restriction of the rights and freedoms of a human being (citizen) on the grounds of origin, social, official or property status, gender, race, nationality, language, attitude towards religion, beliefs, place of residence, membership in public associations, or on any other grounds —

shall be punishable by a fine in the amount of up to one hundred and sixty monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to one hundred and sixty hours, or arrest for a period of up to forty days.

2. The same act committed by a person through the use of their official position or by a leader of a public association —

shall be punishable by a fine in the amount of up to two hundred monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to two hundred hours, or arrest for a period of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without such deprivation.

The public danger of the criminal misdemeanour lies in the violation of the equality of citizens guaranteed by the Constitution of the Republic of Kazakhstan and in disregard for constitutional rights.

According to Article 2 of the Universal Declaration of Human Rights and Freedoms of 10 December 1948, everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, estate or other status. Furthermore, no distinction shall be made on the basis of the political, legal or international status of the country or territory to which a person belongs, whether it is independent, trust, non-self-governing or otherwise limited in its sovereignty.

Alongside the Universal Declaration of Human Rights, the rights and freedoms of the individual are guaranteed by the International Covenant on Economic, Social and Cultural Rights of 16 December 1966, the International Covenant on Civil and Political Rights of 16 December 1966, and a number of other international legal instruments.

Article 14 of the Constitution of the Republic of Kazakhstan establishes the equality of all citizens before the courts and the law (paragraph 1). No one may be subjected to any discrimination on the grounds of origin, social, official or property status, gender, race, nationality, language, attitude towards religion, beliefs, place of residence, or any other circumstances (paragraph 2). The State guarantees equality of the rights and freedoms of human beings and citizens regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude towards religion, beliefs, membership in public associations, as well as other circumstances.

Part 4 of Article 15 of the Criminal Code contains a similar provision, according to which persons who have committed criminal offences are equal before the law regardless of origin, social, official and property status, gender, race, nationality, language, attitude towards religion, beliefs, membership in public associations, place of residence or any other circumstances.

The object of the act under consideration is the aforementioned constitutional right to equality. Violation of the equality of human beings and citizens may occur in all spheres of life — political, social, economic, etc. Differentiating people on the basis of race, nationality and language is particularly dangerous in view of the tension in contemporary national relations associated with global processes of globalisation and economic integration.

Additional objects may include a person's honour and dignity, their labour rights, freedom of religion and other rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan, in respect of which the equality of human beings and citizens is violated.

The objective element is expressed in actions or omissions aimed at directly or indirectly restricting the rights and freedoms of a human being (citizen) on the grounds of their origin, social, official or property status, gender, race, nationality, language, attitude towards religion, beliefs, place of residence, membership in public associations, or on any other grounds.

Origin (in this case, social origin should be understood) means belonging by birth to a particular social group united by various ties and relationships.

Social status is a person's position in society or in a particular social subsystem of society, determined by characteristics specific to that particular society, which may include economic, national, age-related and other characteristics. Social status is characterised by power and (or) material resources, and less frequently by specific abilities or skills, charisma and education.

The official position held by a particular citizen is characterised by the presence of organisational and administrative or administrative and economic powers, or powers exercised in relation to subordinate employees and (or) an unlimited circle of persons (a representative of authority).

Property status means the possession by a citizen of financial income and property under the right of ownership, which they use to satisfy their personal needs (very wealthy, wealthy, affluent, well-off, poor, destitute, etc.).

Gender is a combination of morphological and physiological characteristics of the human body, a combination of genetically determined characteristics of a human individual that determine their role in the process of fertilisation (male, female).

Race is a system of human populations characterised by similarities in a set of specific inherited biological traits that have an external phenotypic manifestation and were formed in a particular geographical region. The features characterising different races often arise as a result of adaptation to different environmental conditions that occurred over many generations.

Nationality, firstly, means a person's belonging to a particular ethnic community of people distinguished by the characteristics of language, culture, psychology, traditions, customs and way of life; secondly, in a number of states, the concept of nationality is used to denote citizenship or a person's belonging to a particular nation-state.

Language is a sign system for the exchange of information that correlates conceptual content with typical sound (written form), or a system of messages (signals) interpreted and understood uniformly, which can be exchanged in the process of communication.

Religion is a special form of awareness of the world conditioned by belief in the supernatural, including a set of moral norms and types of behaviour, rituals, religious practices and the unification of people into organisations (a church, a religious community). The most widespread religions are Christianity, Islam, Hinduism, Buddhism, Taoism, Sikhism and Judaism. In addition, there are atheists, adherents of local beliefs and non-religious people.

Belief is one of the elements of a worldview that gives an individual or social group confidence in their views of the world, knowledge and assessments of objective reality. Beliefs guide behaviour and acts of will. For many people, the highest (absolute) degree of conviction is embodied in faith (certainty). These beliefs must remain within the framework of the law and correspond to human values determined by international instruments and the laws of states.

Place of residence is the place where a citizen permanently or predominantly resides. Differences between citizens may be made because a particular person lives in a rural area, in a city, in one of the districts of a city consisting of several districts, in a region, in the capital, or resides in another country.

Membership in public associations means direct participation or membership in the activities of a voluntary, self-governing, non-profit formation (organisation, union) established at the initiative of citizens who have united on the basis of common interests in order to achieve common goals specified in the charter of the public association.

According to paragraph 1 of Article 23 of the Constitution of the Republic of Kazakhstan, citizens of the Republic of Kazakhstan have the right to freedom of association, including the right to establish trade unions to protect their interests. Freedom of activity of public associations is guaranteed.

In accordance with Article 2 of the Law of the Republic of Kazakhstan dated 31 May 1996 “On Public Associations”, public associations in the Republic of Kazakhstan are political parties, trade unions and other associations of citizens established on a voluntary basis to achieve common goals that do not contradict the legislation. Public associations are non-profit organisations.

According to Article 5 of the Law of the Republic of Kazakhstan “On Public Associations”, public associations are established and operate for the purpose of implementing and protecting political, economic, social and cultural rights and freedoms; developing the activity and initiative of citizens; satisfying professional and amateur interests; developing scientific, technical and artistic creativity; protecting human life and health; protecting the natural environment; participating in charitable activities; conducting cultural and educational, sports and health-improving activities; protecting historical and cultural monuments; providing patriotic, legal and humanistic education; expanding and strengthening international cooperation; and carrying out other activities not prohibited by the legislation of the Republic of Kazakhstan.

Types of violations of human rights and freedoms may vary and depend on the nature of the right, freedom or legitimate interest being violated. What all violations have in common is that they (the violations) prevent a citizen from exercising or realising an existing right, freedom or legitimate interest.

Direct restriction of the rights and freedoms of a human being (citizen) on the grounds mentioned above is expressed in the failure to provide citizens with the opportunity to exercise them; indirect restriction of rights and freedoms, on the other hand, is associated with the creation of obstacles to their exercise. Examples include unlawful administrative detention on the grounds of belonging to a particular nationality; an unjustified refusal to register a person at their place of residence on the same grounds; refusal to employ or unlawful dismissal from employment on the grounds specified in the disposition of this Article; refusal to lease premises on the grounds of religious affiliation, etc.

Violations of the rights, freedoms and legitimate interests of a human being and citizen based on other circumstances or on other grounds not specified in the disposition of Article 145 of the Criminal Code do not constitute the elements of the criminal misdemeanour under consideration.

It should be noted that restriction of the rights and freedoms of a human being (citizen) is expressed in the violation of not one, but at least two rights. The first is that equality is always violated; the second is the violation of another right or freedom. Violation of equality cannot be committed in itself, independently of another violated right. Violation of equality must manifest itself in some way, and it may manifest itself through the violation of the rights referred to in the disposition of the commented Article. An infringement of the equality of citizens, for example, is carried out by means of an unjustified refusal to employ a woman on the grounds of her gender. Thereby, the constitutional right to freedom of labour is violated (paragraph 1 of Article 24 of the Constitution of the Republic of Kazakhstan). Criminal liability for an unjustified refusal to conclude an employment contract with a woman on the grounds of her pregnancy or the presence of children under the age of three is established in Part 2 of Article 152 of the Criminal Code. In this case, the act consists of a violation of equality (Article 145 of the Criminal Code) and an unjustified refusal to conclude an employment contract (Part 2 of Article 152 of the Criminal Code). The question arises as to whether there is a concurrence of criminal offences or whether such concurrence is absent, since Article 145 of the Criminal Code may be regarded as a general provision in relation to Article 152 of the Criminal Code. In accordance with the requirements of Part 3 of Article 13 of the Criminal Code, the act should be classified under Part 2 of Article 152 of the Criminal Code. However, I would like to note that a single act violates various constitutional rights and freedoms, and there are different immediate objects, each of which is protected by a separate article of the Special Part of the Criminal Code. Do such infringements not indicate a concurrence of offences? Apparently, the Supreme Court of the Republic of Kazakhstan should provide clarification in a normative resolution.

By its legal construction, the composition of the criminal misdemeanour is formal. The criminal misdemeanour is deemed completed from the moment the rights and freedoms are directly or indirectly restricted on the grounds specified in the disposition of the Article, irrespective of the consequences that have occurred.

If the violation of the equality of a human being (citizen) is accompanied by the use of violence resulting in harm to their health, the act shall be classified cumulatively with the relevant Articles (Articles 106 and 107 of the Criminal Code). In other cases, the method of committing this offence does not affect its classification under Part 1 of Article 145 of the Criminal Code.

The subjective element of the violation of the equality of citizens is characterised by direct or indirect intent. The perpetrator is aware that they are violating the equality of citizens guaranteed by the Constitution, foresees the possibility or inevitability of causing harm to the rights and freedoms of a human being (citizen), and desires or consciously allows such harm to occur.

The motive is a constitutive element of the subjective side of this act. Motives may vary: chauvinism, religious fanaticism, nationalism and others, but all of them contradict the constitutionally established principles of interpersonal relations in society and are capable of provoking serious conflicts, etc.; however, they are of no significance for the legal classification of the act.

The subject of the violation of the equality of citizens may be any sane person who has reached the age of 16.

Part 2 of Article 145 of the Criminal Code provides for a qualifying feature, which the legislator identifies as the commission of this act by a person using their official position or by a leader of a public association.

The use of official position should be understood as a violation of the equality of a human being and citizen committed by a person within the scope of their official competence, within the framework of the rights and duties vested in them by virtue of the position they hold. In this case, it is precisely the position held that facilitated the implementation of the intended act. For example, the head of a human resources department rejects submitted applications from candidates seeking employment on the grounds of gender.

Abuse of official powers that violates the equality of citizens is classified cumulatively under the criminal offences provided for in Part 2 of Article 145, Articles 361 or 362, or Article 250 of the Criminal Code.

Republican, regional and local public associations may be established and operate in the Republic of Kazakhstan. Republican public associations include associations that have their structural subdivisions (branches and representative offices) in the territory of more than half of the regions of the Republic of Kazakhstan. Regional associations include associations that have their structural subdivisions (branches and representative offices) in the territory of less than half of the regions of the Republic of Kazakhstan. Local public associations include associations operating within the territory of one region of the Republic of Kazakhstan (Article 7 of the aforementioned Law).

In accordance with subparagraph 21) of Article 3 of the Criminal Code, a leader of a public association is recognised as the head of a public association, as well as another participant in a public association who, through their influence and authority, is capable of independently exerting managerial influence on the activities of that public association.

Structural subdivisions (branches and representative offices) of international and foreign non-profit non-governmental associations may be established and operate in the territory of the Republic of Kazakhstan. In their activities, they are governed by the charters of the latter, provided that such charters do not contradict the legislation of the Republic of Kazakhstan (Article 9 of the aforementioned Law).

Liability applies not only to the head of a public association whose details have been submitted to the registering state authority, but also to a person who has actually assumed a leading position in the public association and exercises informal leadership over it.

For an act to be classified under Part 2 of Article 145 of the Criminal Code, it is necessary that the guilty person violated the equality of a human being (citizen) by using the powers granted to them by virtue of their official position or their leadership position in a public association.

If the actions are aimed at inciting social, national, tribal, racial, class or religious discord, which may be accompanied by a violation or restriction of rights, they should be classified under Article 174 of the Criminal Code, “Incitement of Social, National, Tribal, Racial, Class or Religious Discord”.

The acts provided for in Parts 1 and 2 of Article 145 of the Criminal Code are classified as criminal misdemeanours.

Commentary of 2021 to the Criminal Code of the Republic of Kazakhstan by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honoured Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan.

Constitution Law Code Normative Decree Order Decision Resolution Advocate Almaty Lawyer Legal service Legal Consultation Civil Criminal Administrative cases and disputes Defence Arbitration Legal Company Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Programme Charter Charter Article Commentary Resolution Regulation Protocol Draft Programme Rules Messages

Commentary on Article 145. Violation of the Equality of Human Beings and Citizens of the Criminal Code of the Republic of Kazakhstan

1. Direct or indirect restriction of the rights and freedoms of a human being (citizen) on the grounds of origin, social, official or property status, gender, race, nationality, language, attitude towards religion, beliefs, place of residence, membership in public associations, or on any other grounds —

shall be punishable by a fine in the amount of up to one hundred and sixty monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to one hundred and sixty hours, or arrest for a period of up to forty days.

2. The same act committed by a person through the use of their official position or by a leader of a public association —

shall be punishable by a fine in the amount of up to two hundred monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to two hundred hours, or arrest for a period of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without such deprivation.

The public danger of the criminal misdemeanour lies in the violation of the equality of citizens guaranteed by the Constitution of the Republic of Kazakhstan and in disregard for constitutional rights.

According to Article 2 of the Universal Declaration of Human Rights and Freedoms of 10 December 1948, everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, estate or other status. Furthermore, no distinction shall be made on the basis of the political, legal or international status of the country or territory to which a person belongs, whether it is independent, trust, non-self-governing or otherwise limited in its sovereignty.

Alongside the Universal Declaration of Human Rights, the rights and freedoms of the individual are guaranteed by the International Covenant on Economic, Social and Cultural Rights of 16 December 1966, the International Covenant on Civil and Political Rights of 16 December 1966, and a number of other international legal instruments.

Article 14 of the Constitution of the Republic of Kazakhstan establishes the equality of all citizens before the courts and the law (paragraph 1). No one may be subjected to any discrimination on the grounds of origin, social, official or property status, gender, race, nationality, language, attitude towards religion, beliefs, place of residence, or any other circumstances (paragraph 2). The State guarantees equality of the rights and freedoms of human beings and citizens regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude towards religion, beliefs, membership in public associations, as well as other circumstances.

Part 4 of Article 15 of the Criminal Code contains a similar provision, according to which persons who have committed criminal offences are equal before the law regardless of origin, social, official and property status, gender, race, nationality, language, attitude towards religion, beliefs, membership in public associations, place of residence or any other circumstances.

The object of the act under consideration is the aforementioned constitutional right to equality. Violation of the equality of human beings and citizens may occur in all spheres of life — political, social, economic, etc. Differentiating people on the basis of race, nationality and language is particularly dangerous in view of the tension in contemporary national relations associated with global processes of globalisation and economic integration.

Additional objects may include a person's honour and dignity, their labour rights, freedom of religion and other rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan, in respect of which the equality of human beings and citizens is violated.

The objective element is expressed in actions or omissions aimed at directly or indirectly restricting the rights and freedoms of a human being (citizen) on the grounds of their origin, social, official or property status, gender, race, nationality, language, attitude towards religion, beliefs, place of residence, membership in public associations, or on any other grounds.

Origin (in this case, social origin should be understood) means belonging by birth to a particular social group united by various ties and relationships.

Social status is a person's position in society or in a particular social subsystem of society, determined by characteristics specific to that particular society, which may include economic, national, age-related and other characteristics. Social status is characterised by power and (or) material resources, and less frequently by specific abilities or skills, charisma and education.

The official position held by a particular citizen is characterised by the presence of organisational and administrative or administrative and economic powers, or powers exercised in relation to subordinate employees and (or) an unlimited circle of persons (a representative of authority).

Property status means the possession by a citizen of financial income and property under the right of ownership, which they use to satisfy their personal needs (very wealthy, wealthy, affluent, well-off, poor, destitute, etc.).

Gender is a combination of morphological and physiological characteristics of the human body, a combination of genetically determined characteristics of a human individual that determine their role in the process of fertilisation (male, female).

Race is a system of human populations characterised by similarities in a set of specific inherited biological traits that have an external phenotypic manifestation and were formed in a particular geographical region. The features characterising different races often arise as a result of adaptation to different environmental conditions that occurred over many generations.

Nationality, firstly, means a person's belonging to a particular ethnic community of people distinguished by the characteristics of language, culture, psychology, traditions, customs and way of life; secondly, in a number of states, the concept of nationality is used to denote citizenship or a person's belonging to a particular nation-state.

Language is a sign system for the exchange of information that correlates conceptual content with typical sound (written form), or a system of messages (signals) interpreted and understood uniformly, which can be exchanged in the process of communication.

Religion is a special form of awareness of the world conditioned by belief in the supernatural, including a set of moral norms and types of behaviour, rituals, religious practices and the unification of people into organisations (a church, a religious community). The most widespread religions are Christianity, Islam, Hinduism, Buddhism, Taoism, Sikhism and Judaism. In addition, there are atheists, adherents of local beliefs and non-religious people.

Belief is one of the elements of a worldview that gives an individual or social group confidence in their views of the world, knowledge and assessments of objective reality. Beliefs guide behaviour and acts of will. For many people, the highest (absolute) degree of conviction is embodied in faith (certainty). These beliefs must remain within the framework of the law and correspond to human values determined by international instruments and the laws of states.

Place of residence is the place where a citizen permanently or predominantly resides. Differences between citizens may be made because a particular person lives in a rural area, in a city, in one of the districts of a city consisting of several districts, in a region, in the capital, or resides in another country.

Membership in public associations means direct participation or membership in the activities of a voluntary, self-governing, non-profit formation (organisation, union) established at the initiative of citizens who have united on the basis of common interests in order to achieve common goals specified in the charter of the public association.

According to paragraph 1 of Article 23 of the Constitution of the Republic of Kazakhstan, citizens of the Republic of Kazakhstan have the right to freedom of association, including the right to establish trade unions to protect their interests. Freedom of activity of public associations is guaranteed.

In accordance with Article 2 of the Law of the Republic of Kazakhstan dated 31 May 1996 “On Public Associations”, public associations in the Republic of Kazakhstan are political parties, trade unions and other associations of citizens established on a voluntary basis to achieve common goals that do not contradict the legislation. Public associations are non-profit organisations.

According to Article 5 of the Law of the Republic of Kazakhstan “On Public Associations”, public associations are established and operate for the purpose of implementing and protecting political, economic, social and cultural rights and freedoms; developing the activity and initiative of citizens; satisfying professional and amateur interests; developing scientific, technical and artistic creativity; protecting human life and health; protecting the natural environment; participating in charitable activities; conducting cultural and educational, sports and health-improving activities; protecting historical and cultural monuments; providing patriotic, legal and humanistic education; expanding and strengthening international cooperation; and carrying out other activities not prohibited by the legislation of the Republic of Kazakhstan.

Types of violations of human rights and freedoms may vary and depend on the nature of the right, freedom or legitimate interest being violated. What all violations have in common is that they (the violations) prevent a citizen from exercising or realising an existing right, freedom or legitimate interest.

Direct restriction of the rights and freedoms of a human being (citizen) on the grounds mentioned above is expressed in the failure to provide citizens with the opportunity to exercise them; indirect restriction of rights and freedoms, on the other hand, is associated with the creation of obstacles to their exercise. Examples include unlawful administrative detention on the grounds of belonging to a particular nationality; an unjustified refusal to register a person at their place of residence on the same grounds; refusal to employ or unlawful dismissal from employment on the grounds specified in the disposition of this Article; refusal to lease premises on the grounds of religious affiliation, etc.

Violations of the rights, freedoms and legitimate interests of a human being and citizen based on other circumstances or on other grounds not specified in the disposition of Article 145 of the Criminal Code do not constitute the elements of the criminal misdemeanour under consideration.

It should be noted that restriction of the rights and freedoms of a human being (citizen) is expressed in the violation of not one, but at least two rights. The first is that equality is always violated; the second is the violation of another right or freedom. Violation of equality cannot be committed in itself, independently of another violated right. Violation of equality must manifest itself in some way, and it may manifest itself through the violation of the rights referred to in the disposition of the commented Article. An infringement of the equality of citizens, for example, is carried out by means of an unjustified refusal to employ a woman on the grounds of her gender. Thereby, the constitutional right to freedom of labour is violated (paragraph 1 of Article 24 of the Constitution of the Republic of Kazakhstan). Criminal liability for an unjustified refusal to conclude an employment contract with a woman on the grounds of her pregnancy or the presence of children under the age of three is established in Part 2 of Article 152 of the Criminal Code. In this case, the act consists of a violation of equality (Article 145 of the Criminal Code) and an unjustified refusal to conclude an employment contract (Part 2 of Article 152 of the Criminal Code). The question arises as to whether there is a concurrence of criminal offences or whether such concurrence is absent, since Article 145 of the Criminal Code may be regarded as a general provision in relation to Article 152 of the Criminal Code. In accordance with the requirements of Part 3 of Article 13 of the Criminal Code, the act should be classified under Part 2 of Article 152 of the Criminal Code. However, I would like to note that a single act violates various constitutional rights and freedoms, and there are different immediate objects, each of which is protected by a separate article of the Special Part of the Criminal Code. Do such infringements not indicate a concurrence of offences? Apparently, the Supreme Court of the Republic of Kazakhstan should provide clarification in a normative resolution.

By its legal construction, the composition of the criminal misdemeanour is formal. The criminal misdemeanour is deemed completed from the moment the rights and freedoms are directly or indirectly restricted on the grounds specified in the disposition of the Article, irrespective of the consequences that have occurred.

If the violation of the equality of a human being (citizen) is accompanied by the use of violence resulting in harm to their health, the act shall be classified cumulatively with the relevant Articles (Articles 106 and 107 of the Criminal Code). In other cases, the method of committing this offence does not affect its classification under Part 1 of Article 145 of the Criminal Code.

The subjective element of the violation of the equality of citizens is characterised by direct or indirect intent. The perpetrator is aware that they are violating the equality of citizens guaranteed by the Constitution, foresees the possibility or inevitability of causing harm to the rights and freedoms of a human being (citizen), and desires or consciously allows such harm to occur.

The motive is a constitutive element of the subjective side of this act. Motives may vary: chauvinism, religious fanaticism, nationalism and others, but all of them contradict the constitutionally established principles of interpersonal relations in society and are capable of provoking serious conflicts, etc.; however, they are of no significance for the legal classification of the act.

The subject of the violation of the equality of citizens may be any sane person who has reached the age of 16.

Part 2 of Article 145 of the Criminal Code provides for a qualifying feature, which the legislator identifies as the commission of this act by a person using their official position or by a leader of a public association.

The use of official position should be understood as a violation of the equality of a human being and citizen committed by a person within the scope of their official competence, within the framework of the rights and duties vested in them by virtue of the position they hold. In this case, it is precisely the position held that facilitated the implementation of the intended act. For example, the head of a human resources department rejects submitted applications from candidates seeking employment on the grounds of gender.

Abuse of official powers that violates the equality of citizens is classified cumulatively under the criminal offences provided for in Part 2 of Article 145, Articles 361 or 362, or Article 250 of the Criminal Code.

Republican, regional and local public associations may be established and operate in the Republic of Kazakhstan. Republican public associations include associations that have their structural subdivisions (branches and representative offices) in the territory of more than half of the regions of the Republic of Kazakhstan. Regional associations include associations that have their structural subdivisions (branches and representative offices) in the territory of less than half of the regions of the Republic of Kazakhstan. Local public associations include associations operating within the territory of one region of the Republic of Kazakhstan (Article 7 of the aforementioned Law).

In accordance with subparagraph 21) of Article 3 of the Criminal Code, a leader of a public association is recognised as the head of a public association, as well as another participant in a public association who, through their influence and authority, is capable of independently exerting managerial influence on the activities of that public association.

Structural subdivisions (branches and representative offices) of international and foreign non-profit non-governmental associations may be established and operate in the territory of the Republic of Kazakhstan. In their activities, they are governed by the charters of the latter, provided that such charters do not contradict the legislation of the Republic of Kazakhstan (Article 9 of the aforementioned Law).

Liability applies not only to the head of a public association whose details have been submitted to the registering state authority, but also to a person who has actually assumed a leading position in the public association and exercises informal leadership over it.

For an act to be classified under Part 2 of Article 145 of the Criminal Code, it is necessary that the guilty person violated the equality of a human being (citizen) by using the powers granted to them by virtue of their official position or their leadership position in a public association.

If the actions are aimed at inciting social, national, tribal, racial, class or religious discord, which may be accompanied by a violation or restriction of rights, they should be classified under Article 174 of the Criminal Code, “Incitement of Social, National, Tribal, Racial, Class or Religious Discord”.

The acts provided for in Parts 1 and 2 of Article 145 of the Criminal Code are classified as criminal misdemeanours.

Commentary of 2021 to the Criminal Code of the Republic of Kazakhstan by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honoured Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan.

Constitution Law Code Normative Decree Order Decision Resolution Advocate Almaty Lawyer Legal service Legal Consultation Civil Criminal Administrative cases and disputes Defence Arbitration Legal Company Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Programme Charter Charter Article Commentary Resolution Regulation Protocol Draft Programme Rules Messages