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NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 8, 2017 No. 11

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

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

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

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

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