Comment to article 134. Distribution to minors of objects of erotic content or information products containing information prohibited for children The Code of the Republic of Kazakhstan on Administrative Offences
1. Distribution, that is, sale, subscription, delivery, distribution, display, rental and (or) rental to minors of objects of erotic content or information products containing information prohibited for children, entails a fine of twenty for individuals, forty for small businesses or non-profit organizations, and forty for medium–sized enterprises. entrepreneurship – in the amount of sixty, for large business entities – in the amount of eighty monthly calculation indices, with confiscation of objects of erotic content and (or) information products containing information prohibited for children.
2. The action provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty, as well as using telecommunications networks, entails a fine of forty for individuals, sixty for small businesses or non–profit organizations, eighty for medium–sized businesses, and large businesses. – in the amount of one hundred and sixty monthly calculation indices, with confiscation of objects of erotic content and (or) information products containing information prohibited for children.
Part 1. The public danger of this administrative offense is the involvement of a minor in the turnover of products that harm his health and development.
The object of the offense is the health of the minor, his physical and mental development.
In the Republic of Kazakhstan, government agencies, individuals and legal entities are required to protect children from the negative effects of the social environment, information, propaganda and agitation that harm their health, moral and spiritual development. The State recognizes the promotion of a healthy lifestyle and legal education of children as one of the priorities of its policy.
According to art . 39 of the Law "On the Rights of the Child in the Republic of Kazakhstan", it is prohibited for children to display, sell, donate, reproduce, rent and distribute toys and information products aimed at inciting racial, national, social and religious hatred, propagandizing class exclusivity, war, terrorism, containing calls for violent change of the constitutional order and violation of territorial integrity of the Republic of Kazakhstan, pornography harmful to the health and development of children, as well as in other ways detrimental to the spiritual and moral development of the child.
Involving a child in the production, advertising, public demonstration or distribution, as well as the sale to a child of printed publications, film or video materials, images, other objects or materials of a pornographic nature and (or) erotic content that harm the child's health and development, entail liability provided for by the laws of the Republic of Kazakhstan (art. 40-1 of the Law).
The objective side of the offense is formed by actions expressed in the distribution to minors of objects of erotic content or information products containing information prohibited for children.
Distribution refers to sale, subscription, delivery, distribution, display, rental, and/or rental.
Objects of erotic content are printed publications (newspapers, magazines, books and other printed products), film and video materials, messages and images transmitted and received through communication lines, and other objects that emotionally affect the sexual feelings of the reader, viewer, and listener.
Information products are products of mass media, as well as other audiovisual and (or) printed products intended for an unlimited number of people.
Public relations arising in connection with the realization of children's rights to receive and disseminate information appropriate to their age in the Republic of Kazakhstan are regulated by the Law "On the Protection of Children from information harmful to their health and development." It is aimed at protecting children from information harmful to their health and development.
According to Article 16 of this Law, information prohibited for children includes::
1) encouraging children to commit acts that endanger their lives and/or health, including suicide;
2) provoking children to antisocial and illegal actions;
3) containing a special sexually erotic character;
4) containing a description and/or an image of sexual violence;
5) containing profanity;
6) distribution of which among children is prohibited by other laws of the Republic of Kazakhstan.
The article also states that it is not allowed to distribute information products to minors that contain information prohibited for children, with the exception of information products distributed via the Internet. When distributing information products containing information prohibited to children to minors via the Internet, administrative, technical, software or other means of restricting children's access to information are used.
The subject of the offense is a sane individual who has reached the age of majority; a small business entity or a non–profit organization; a medium-sized business entity; a large business entity.
The subjective side of the offense is characterized by direct intent. The person who committed it was aware of the illegal nature of the distribution to minors of objects of erotic content or information products containing information prohibited for children, foresaw its harmful consequences and desired the onset of these consequences. At the same time, the guilty person must be aware of the minor age of the person involved in the distribution.
Part 2 of the commented article defines as a qualifying feature the commission of a similar offense repeatedly within a year after the imposition of an administrative penalty under the first part of art. 134 of the Administrative Code, as well as using telecommunications networks.
A telecommunications network is a set of telecommunications facilities and communication lines providing the transmission of telecommunications messages, consisting of switching equipment (stations, substations, hubs), linear cable structures (subscriber lines, connecting lines and communication channels), transmission systems and subscriber devices.
Telecommunications facilities (communication facilities) are technical devices, equipment, systems, and software tools that enable the generation, transmission, reception, storage, processing, commutation, or control of electromagnetic or optical signals.
Telecommunications messages are information transmitted by means of telecommunications.
Protocols on administrative offenses provided for in Article 134 of the Administrative Code may be drawn up by authorized officials of the internal affairs bodies, the authorized body in the field of informatization, the authorized body in the field of education, the authorized body in the field of information, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance (Part 1 of art. 804 of the Administrative Code).
Cases of these administrative offenses are considered by judges of specialized inter-district juvenile courts (Part 2 of Article 684 of the Administrative Code).
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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