MP proposes easing punishment for participants in foreign conflicts

Tengrinews.kz – A proposal has been made in Kazakhstan to humanize criminal policy regarding citizens who participated in foreign armed conflicts. The initiative concerns Kazakhstanis who were not members of terrorist organizations and voluntarily returned to their homeland.
Mazhilis deputy Zharkynbek Amantayuly submitted the corresponding parliamentary request to Prosecutor General Berik Asylov and Minister of Internal Affairs Yerzhan Sadenov.
In his request, the deputy noted that amid rising geopolitical tensions and an increase in military conflicts, the number of Kazakhstanis involved in hostilities abroad has also been growing.

"In such a difficult situation, different sides actively use recruitment methods, deception, and propaganda to attract people to armed conflicts. Unfortunately, the number of our compatriots who fall under such influence is increasing," Amantayuly said.

According to the MP, the number of criminal cases under Article 172 of the Criminal Code ("Participation in foreign armed conflicts") is increasing every year: 23 cases were registered in 2023, 36 in 2024, and already 141 in 2025.
Since the beginning of the year, 26 people have been convicted under this article.

"Among those convicted are also people who obtained Russian citizenship. For example, there is a case where Yevgeny Luft, recently sentenced to six years in prison, was a citizen of that country," he noted.

The Mazhilis member pointed out that in a number of countries, participation by citizens in the ranks of official foreign armed forces is not always automatically considered a crime. Strict liability is generally applied to those who joined terrorist organizations, committed war crimes, or acted against the interests of their own state.
According to him, many citizens end up in conflict zones due to social difficulties, misconceptions, or deception, hoping to earn good money.

"Of course, no one goes to a war zone looking for death without a reason. Many of those who found themselves in such situations say they went hoping to get a well-paid job. Realizing that he was deceived, a person becomes a participant in bloody battles in a foreign country and understands that there is no way back. From this situation, his parents, family, and loved ones suffer," Amantayuly explained.

After returning home, such individuals face harsh sanctions, which, according to the deputy, may negatively affect their resocialization.
In this regard, the MP proposed:

Studying international legal practice and preparing amendments to Articles 170 and 172 of the Criminal Code to clarify and differentiate them;
Introducing a mechanism for differentiated legal assessment for those who were not members of terrorist organizations, did not commit war crimes, and voluntarily returned to Kazakhstan — with the possibility of a suspended sentence, restriction of freedom, or probation control;
Developing a state program for legal, psychological, and social rehabilitation of such citizens.

According to the deputy, the humanization of criminal policy should take into account both international experience and national security interests.