Comment to Article 191. Violation of the procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition by legal entities with appropriate licenses, -
entails a fine in the amount of fifty monthly calculation indices with the suspension of the license.
2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of eighty monthly calculation indices with the deprivation of a license.
The commented article establishes administrative liability for violating the procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition.
The generic object of administrative offenses provided for in Article 191 of the Administrative Code is the trade procedure established in the legislation of the Republic of Kazakhstan and protected by the state in the Republic of Kazakhstan.
The direct object of administrative offenses provided for in the commented article is the procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition.
The subjects of offenses provided for in Article 191 of the Administrative Code, by virtue of a direct indication of this in the norm of the commented article, are legal entities with appropriate licenses.
According to paragraph 1 of Article 22 of the Law of the Republic of Kazakhstan dated December 30, 1998 No. 339-I "On State control over the turnover of certain types of weapons", trade in civilian and service weapons and ammunition is carried out by organizations that have received licenses for this type of activity in accordance with the procedure established by law. Licenses for the sale of civilian and service weapons and ammunition are issued by the authorized body in the field of arms control only to organizations specially created for these purposes.
The subjects of the offenses provided for in the commented article are not individuals.
The offences provided for in the commented article are formal. In order to impose penalties on an offender under the commented article, it is not necessary to establish the fact and amount of damage caused to third parties by the commission of an offense.
Part 1 of the commented article establishes administrative liability for violating the procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition.
The objective side of the offense provided for in Part 1 of Article 191 of the Administrative Code is the commission by the offender of culpable unlawful acts (inaction), expressed in violation of the procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition.
According to Article 5 of the Law of the Republic of Kazakhstan "On State Control over the turnover of certain types of weapons", civilian weapons include weapons used by citizens of the Republic of Kazakhstan for self-defense, sports and hunting. Civilian firearms should exclude firing in bursts.
Civilian weapons are divided into: 1) self-defense weapons (firearms smoothbore long-barreled weapons; gas weapons (gas pistols, revolvers and cartridges for them, mechanical sprayers, aerosol and other devices equipped with tear or irritating substances authorized for use by an authorized body in the field of healthcare); electric weapons - weapons and other objects whose damaging effect is based on the use of electric energy approved for use by the authorized body in the field of healthcare; 2) sports weapons (firearms with a rifled barrel; smoothbore firearms; cold-bladed; throwing; pneumatic with a muzzle energy exceeding 3 joules); 3) hunting weapons (firearms with a rifled barrel; smoothbore firearms, including those with a rifled length of no more than 140 mm; combined firearms (rifled and smoothbore), including those with replaceable and plug-in rifled barrels; pneumatic with a muzzle energy of no more than 25 joules; cold bladed); 4) signal weapons.
To service weapons, according to art. 6 of the Law of the Republic of Kazakhstan "On State Control over the turnover of certain types of weapons" refers to weapons intended for use in order to ensure personal safety by political civil servants who have the right to purchase (receive) service weapons in accordance with the legislation of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan, as well as organizations in the exercise of their duties and provided for by their charters (provisions) tasks to protect the life and health of citizens, property, environmental facilities and natural resources, valuable and dangerous goods, special correspondence.
Service weapons include firearms without barrels, gas weapons with the ability to fire traumatic cartridges, short-barreled smoothbore and rifled firearms, as well as long-barreled smoothbore and rifled weapons. Service weapons must exclude firing in bursts.
Cartridges (ammunition) are devices or objects that are structurally designed to fire a weapon of the appropriate type and hit a target.
The procedure for the acquisition, storage, accounting, transportation and trade of civilian and service weapons and ammunition is defined in the Law of the Republic of Kazakhstan "On State Control over the turnover of certain types of weapons."
Violation by legal entities with appropriate licenses of the specified procedure, as well as prohibitions and restrictions established in the legislation of the Republic of Kazakhstan on the acquisition, storage, accounting, transportation and trade of civilian and service weapons, constitutes a complete offense provided for in Part 1 of the commented article.
For committing an offense provided for in Part 1 of the commented article, a person is punished with a fine and suspension of the license.
The amount of the fine for committing an offense under Part 1 of Article 191 of the Administrative Code is fixed, and amounts to 50 MCI.
This penalty is imposed on offenders only by the court, since cases of administrative offenses for which confiscation of the objects of the offense, suspension or revocation of a license, suspension or prohibition of activities are sanctioned are subject to judicial review.
Officials of the internal affairs bodies have the right to draw up protocols on administrative offenses provided for in Part 1 of the commented article.
Part 2 of the commented article establishes a more severe penalty for repeated commission of any of the actions (inaction) provided for in Part 1 of the commented article within a year after the imposition of an administrative penalty.
At the same time, the object, the subjective side and the subjects of the offense provided for in Part 2 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 1 of Article 191 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 2 of Article 191 of the Administrative Code, a sign of repetition is added to the actions provided for in Part 1 of the commented article.
An offense is considered to have been committed repeatedly if a person has previously committed any of the actions (omissions) provided for in Part 1 of Article 191 of the Administrative Code, has been subjected to administrative punishment for it, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.
The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 2 of Article 191 of the Administrative Code.
Repetition as a qualifying feature is established not only in fact by identifying the number and nature of the unlawful acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for committing acts provided for in Part 1 of Article 191 of the Administrative Code, the existence of a court order that has entered into force imposing an administrative penalty under Part 1 of art. Article 191 of the Administrative Code, the fact of its announcement, delivery or referral to an official and the expiration of a one-year period from the date of imposition of the penalty.
For repeated commission of the acts provided for in Part 1 of Article 191 of the Administrative Code within a year after the imposition of the penalty, the offender is punished by a fine with the deprivation of a license.
The amount of the fine for committing an offense under Part 2 of Article 191 of the Administrative Code is 80 MCI, is fixed and is not subject to change by the body imposing it.
This penalty is imposed on offenders only by the court, since cases of administrative offenses for which the deprivation of a license, suspension or prohibition of activities are provided as a sanction are subject to judicial review.
Officials of the internal affairs bodies have the right to draw up protocols on administrative offenses provided for in Part 2 of the commented article.
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.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
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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