The law enforcement agencies can carry out preventive measures in the absence of signs of a criminal offense
A new warning mechanism for legal entities and organizations regarding the inadmissibility of disseminating extremist materials has been approved in Kyrgyzstan. Resolution No. 78 was signed by the Chairman of the Cabinet of Ministers of the Kyrgyz Republic, Adylbek Kasymaliev.
This document is part of the implementation of the Law "On Countering Extremist Activities," replacing the previous resolution adopted in 2023.
It should be noted that the new procedure applies exclusively to legal entities and media outlets, unlike the previous document, which also covered individuals.
The internal affairs and national security agencies have been designated as authorized bodies to issue warnings. Decisions can be made by the heads of these agencies, their deputies, as well as the heads and deputies of structural and territorial divisions.
A warning can be issued based on the results of a preliminary investigation conducted in accordance with criminal procedural legislation. If the investigation confirms facts of disseminating extremist materials or publicly endorsing actions recognized as extremist, but does not reveal signs of a criminal offense, the authorized bodies have the right to apply a preventive measure — a warning.
The document is formalized in writing in two copies: one remains with the organization, and the other is attached to the investigation materials. The warning must clearly specify which actions or inactions violate the legislation on countering extremism.
The warning is handed directly to the head or founder of the media outlet, as well as to the official of the legal entity or organization, against a receipt. The receipt of the document is considered the moment of the warning being announced.
The person who receives the warning must immediately rectify the identified violations. If it is not possible to do so immediately, an additional period may be established, which shall not exceed ten days from the moment of receiving the document. After rectifying the violations, the organization is obliged to send a written or electronic notification with supporting documents to the authorized body.
If the violations are not rectified within the established period, the authorized body will forward the materials to the prosecutor's office, which may file a lawsuit in court to close the activities of the media outlet, legal entity, or other organization.
The resolution also requires that the authorized bodies notify the prosecutor's office of each warning issued.
Copies of warnings addressed to media outlets are sent to the state body responsible for information policy, and in the case of religious organizations — to the relevant body for religious affairs.
The authorized bodies will also monitor compliance with the warnings, having the right to analyze documents, request additional clarifications, and conduct monitoring of the activities of media outlets and organizations.
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