According to the new amendments adopted by Kazakh senators in the area of crime prevention, the possibilities for intervention have been expanded. Now, not only state structures but also private citizens can be involved in preventive measures. These measures, as practice shows, may lead to increased surveillance of people's behavior and interference in their personal lives. Lawyer Elena Shvetsova, executive director of the "Erkin'dik Qanaty" foundation, emphasizes that this raises serious concerns. Additionally, the list of public places where order and norms of behavior must be observed is being expanded. Virtually any space can be recognized as "public." This affects, for example:
yards and adjacent territories;
public places at cultural events;
open festivals and street actions;
temporary and informal spaces, such as street theater and performances.
The criteria for assessing behavior will depend on "moral norms." This means that "antisocial behavior" may include:
jokes;
performances;
satirical statements;
profanity;
various artistic and protest forms of self-expression.
The lawyer notes that there are already known cases where Temirlan Yensibek was prosecuted for satirical content, and stand-up comedians faced persecution. It is expected that the application of these norms will only expand. The law does not define where the boundary lies between art and "antisocial behavior," which creates uncertainty.
Thus, if any place can be considered public, and norms of behavior are assessed by "moral" criteria, then:
street performances may be banned;
public irony or profanity may become grounds for intervention;
cultural and artistic forms of self-expression may be threatened by pressure based on subjective assessments.
Article 75, in conjunction with other norms, limits the space for freedom of expression. This creates a situation where the acceptability of behavior is determined not by law but by subjective assessments of "normality." This particularly affects:
artists and performers;
stand-up comedians and satirists;
street theaters and festivals;
civic and cultural initiatives in public spaces.
“Despite the stated goals of prevention and public safety, the new law effectively changes the boundaries of acceptable state intervention: from responding to specific offenses to controlling the behavior and lifestyle of citizens.
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The creation of vague categories, such as 'antisocial behavior,' expands the list of public places and legalizes citizen participation in monitoring others, forming a parallel system of surveillance without the usual procedural guarantees.
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In this construct, a person becomes the object of attention not for breaking the law, but for 'improper' behavior. Decisions are made without judicial proceedings, based on evaluative criteria, which opens the way for arbitrary interference in private life and the use of prevention as a tool for control.
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Ultimately, the law does not so much prevent offenses as it normalizes the restriction of rights and undermines the principle that the state should intervene only in cases of law violations, not when someone dislikes another's behavior,” the expert conclusion states.
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