NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2009 No. 3

About court practice on cases on hooliganism

For the purpose of ensuring uniform court practice and need to make to courts explanations on the questions which arose in the field of application of the legislation on responsibility for hooliganism and in connection with change of the current legislation, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. According to the law penal hooliganism the intentional actions made with special impudence disturbing the public peace showing explicit disrespect of the guilty person for society and moral standards caused by his desire to contrast itself with people around, to show the negligence to them which were followed by use of violence to citizens or threat of its application can be acknowledged, and it is equal destruction or damage of alien property, or making of the obscene actions differing in exclusive cynicism.

2. The distinctive sign testimonial of bigger degree of public danger of penal hooliganism in comparison with disorderly conduct, is the special impudence of disorderly conduct expressing explicit disrespect for society.

In cases when strong language in public places, the offensive stickings to physical persons, the defilement of premises, places public and other similar actions expressing disrespect for people around, disturbing the public peace and tranquility of physical persons were followed by use of violence or threat of its application, and it is equal destruction or damage of alien property, such actions are beyond administrative offense and form structure of penal hooliganism.

Such criminal disorderly conduct expressing explicit disrespect for society which was followed by use of violence to citizens or threat of its application, destruction or damage of alien property or making of the obscene actions differing in exclusive cynicism can be recognized as especially impudent disorderly conduct. Long and persistently continuous disorderly conduct, failure of mass action, the temporary termination of normal activities of the company, organization, organization or public transport can be also referred to such actions.

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