Law enforcement agencies can conduct preventive measures in the absence of criminal signs
A new regulation has been adopted in Kyrgyzstan regarding the issuance of warnings to legal entities and organizations about the inadmissibility of disseminating materials related to extremism and engaging in extremist activities. Resolution No. 78 was signed by the Prime Minister of the Kyrgyz Republic, Adylbek Kasymaliev.
This document is the result of the implementation of the Law "On Countering Extremist Activities" and replaces the previous resolution that was in effect since 2023.
It should be noted that the new regulation applies exclusively to legal entities and media, while the previous one also covered individuals.
According to the resolution, the internal affairs and national security agencies have been granted the authority to issue warnings. Decisions on warnings can only be made by heads and their deputies, as well as heads of structural and territorial divisions.
A warning will be issued based on the results of a preliminary investigation conducted in accordance with criminal procedural legislation. If, during the investigation, the dissemination of extremist materials or public approval of actions by organizations recognized as extremist by the court is identified, and no criminal offense is recorded, the authorized body may decide to issue a warning.
The warning is formalized in writing in two copies: one is handed over to the official of the organization, and the second is kept in the investigation materials. The document must clearly specify the actions or inactions that violate the legislation in the field of countering extremism.
The warning must be personally delivered with a receipt to the head or founder of the media, as well as to the official of the legal entity or other organization. From the moment the document is received, the warning is considered announced.
The organization that receives the warning is obliged to promptly eliminate the identified violations. If it is not possible to do so immediately, an additional period may be established, which should not exceed ten days from the moment of receiving the document. After eliminating the violations, the organization must provide the authorized body with written or electronic information along with supporting documents.
If the violations are not eliminated within the established period, the authorized state body will forward the materials to the prosecutor's office. The prosecutor's office, in turn, may file a lawsuit in court to terminate the activities of the media, legal entity, or other organization.
According to the resolution, the authorized body is obliged to notify the prosecutor's office of each issued warning.
Copies of warnings issued to the media are sent to the state body responsible for information policy, and in the case of religious organizations, educational institutions, and missions of foreign religious structures, to the state body for religious affairs.
Authorized bodies will also monitor compliance with the warnings, having the right to analyze the documents submitted by the organization, request additional clarifications, and conduct monitoring of their activities.
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