Comment to article 409. Violation of the legislation of the Republic of Kazakhstan in the field of education, physical culture and sports The Code of the Republic of Kazakhstan on Administrative Offences

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Comment to article 409. Violation of the legislation of the Republic of Kazakhstan in the field of education, physical culture and sports The Code of the Republic of Kazakhstan on Administrative Offences

Chapter 23. ADMINISTRATIVE OFFENSES IN THE FIELD OF EDUCATION, PHYSICAL CULTURE AND SPORTS

Article 30 of the Constitution of the Republic of Kazakhstan stipulates that citizens are guaranteed free secondary education in public educational institutions. Secondary education is mandatory. A citizen has the right to receive free higher education on a competitive basis at a public higher education institution.

Paid education in private educational institutions is provided on the grounds and in accordance with the procedure established by law. The State sets generally binding education standards. The activities of any educational institution must comply with these standards.

In accordance with article 37 of the Constitution of the Republic of Kazakhstan, citizens of the Republic of Kazakhstan are obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.

These constitutional rights and values find their legal protection in sectoral legislation, one of which is legislation on administrative offenses.

Chapter 23 of the Administrative Code, consisting of only one article 409, provides for administrative responsibility in two areas at once: education and physical culture, and sports.

Article 409 of the Administrative Code contains 14 elements of administrative offenses. The first 10 types of administrative offenses are acts in the field of education, the other 4 types are in the field of physical culture and sports.

The disposition of Article 409 of Chapter 23 of the Administrative Code is blunt in nature and refers to other normative legal acts for the correct qualification of the act: the Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III "On Education", "Rules of Pedagogical Ethics", approved by the order of the acting The Minister of Education and Science of the Republic of Kazakhstan dated January 8, 2016 No. 9, "Requirements for compulsory school uniforms for secondary education organizations", approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated January 14, 2016 No. 26, "Standard Rules for the activities of educational organizations of appropriate types", approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30 2018 No. 595, "Standard Rules for the activities of types of organizations of technical and vocational, post-secondary education", approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated September 11, 2013 No. 369, "Standard rules of activity of organizations of higher and (or) postgraduate education", approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 16, 2013 No. 420, "Standard Rules of activity of types of organizations of additional education for children", approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated June 14, 2013 No. 228, "Standard Rules of activity types of special educational organizations, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated February 14, 2017 No. 66, "Model rules of activities of types of specialized educational organizations", approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated July 19, 2013 No. 289, etc.

The complexity of qualifying the acts of persons who have committed an offense provided for in Article 409 of Chapter 23 of the Administrative Code is determined by the fact that the field of education, physical culture and sports is regulated by a large number of subordinate regulatory legal acts.

For example, only in the implementation of paragraph 4 of Article 30 of the Constitution of the Republic of Kazakhstan that "the state establishes generally binding standards of education. The activities of any educational institutions must comply with these standards." By Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 31, 2018, No. 604, eight standards were approved:

1) The state mandatory standard of preschool education and training;

2) The State mandatory standard of primary education;

3) The state mandatory standard of basic secondary education;

4) The state mandatory standard of general secondary education;

5) The state mandatory standard of technical and vocational education;

6) The state mandatory standard of post-secondary education;

7) The State mandatory standard of higher education;

8) The state mandatory standard of postgraduate education.

A special feature of Chapter 23 of the Administrative Code is that the jurisdiction of cases of administrative offenses provided for in Article 409 of the Administrative Code is multi-departmental.

Thus, in accordance with Part 1 of Article 684 of the Administrative Code, judges of specialized district and equivalent administrative courts consider cases of administrative offenses provided for in Articles 409 (parts seven and 7-1) of the Administrative Code.

According to Part 1 of Article 685 of the Administrative Code, the internal affairs bodies consider cases of administrative offenses provided for in Article 409 (part 3-1) of the Administrative Code. At the same time, Part 2 of Article 685 of the Administrative Code states that the heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district) have the right to consider cases of administrative offenses and impose administrative penalties on behalf of internal affairs bodies for administrative offenses provided for in Article 409 (part 3-1) of the Administrative Code. in the city) and their deputies.

The local executive body of the region, the city of republican significance, the capital, the district, the city of regional significance considers cases of administrative offenses provided for in art. 409 (parts eight, nine, tenth and eleventh) (part 1 of art. 729 of the Administrative Code). Akims of cities of regional significance, towns, villages, and rural districts have the right to consider cases of administrative offenses and impose administrative penalties for administrative offenses provided for in art. 409 (parts eight, nine, ten, and eleven) Administrative Code (Part 3 of Article 729 of the Administrative Code).

At the same time, according to Part 1 of Article 730 of the Administrative Code, the authorized body in the field of education examines cases of administrative offenses provided for in Article 409 (parts one, two, three, four, five and six) Administrative Code. The head of the authorized body in the field of education and his deputies, heads of territorial bodies of the authorized body in the field of education and their deputies have the right to consider cases of administrative offenses and impose administrative penalties (Part 2 of Article 730 of the Administrative Code).

Article 409. Violation of the legislation of the Republic of Kazakhstan in the field of education, physical culture and sports

1. Non-fulfillment or improper fulfillment of duties and norms of pedagogical ethics by a teaching staff member –

entails a warning or fine for individuals in the amount of five monthly calculation indices.

2. Non-fulfillment or improper fulfillment of duties stipulated by the legislation of the Republic of Kazakhstan in the field of education by parents or other legal representatives –

entails a warning or a fine in the amount of five monthly calculation indices.

3. Failure to perform or improper performance of duties by the head or other official of an educational organization as a result of negligent or unfair treatment of them, if this caused minor harm to the health of pupils, students and employees of educational organizations during the educational and educational process., –

entails a fine in the amount of fifty monthly calculation indices.

3-1. Hiding, as well as failure by employees (subjects) of educational organizations to inform law enforcement agencies about the facts of illegal actions (inaction) in educational organizations, as well as the facts of illegal actions (inaction) committed by students or against them that have become known to them outside the educational organization, if these acts do not contain signs of a criminally punishable act., –

They impose a fine on individuals in the amount of five, and on officials in the amount of ten monthly calculation indices.

4. Violation by educational organizations of the requirements made in the form of:

1) non-compliance with the standard rules of educational organizations;

2) non-compliance with the standard rules of admission to educational organizations;

3) non-compliance with the standard rules of transfer and reinstatement of students by type of educational organization;

4) non-compliance with the standard rules for granting academic leave to students in educational institutions;

5) non-compliance with the standard rules for competitive replacement of positions of teaching staff and researchers of higher educational institutions, –

entails a fine for officials in the amount of ten, for small businesses or non–profit organizations in the amount of fifteen, for medium–sized businesses in the amount of twenty, for large businesses in the amount of twenty-five monthly calculation indices, with the suspension of the license.

5. Creation and operation of organizational structures of political parties in educational organizations –

They impose a fine on officials and small business entities in the amount of ten, on medium–sized businesses in the amount of fifteen, and on large businesses in the amount of twenty monthly calculation indices.

6. Non-compliance of the educational services provided with the requirements of the state mandatory standard of education, as well as other violations of the requirements of the state mandatory standards of education -

they entail a fine for officials, small business entities or non–profit organizations in the amount of fifteen, for medium–sized businesses - in the amount of twenty, for large businesses - in the amount of thirty calculated indicators, with the suspension of the license.

7. Actions (inaction) provided for in parts one to six of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –

They impose a fine on individuals in the amount of twenty, on officials in the amount of thirty, on small businesses or non–profit organizations in the amount of forty, on medium–sized businesses in the amount of fifty, on large businesses in the amount of sixty monthly calculation indices, with the deprivation of a permit.

7-1. The action provided for in part four of this article, committed by an educational organization that carries out activities in a notifying manner, repeatedly within a year after the imposition of an administrative penalty., –

entails a fine for officials in the amount of thirty, for small businesses or non–profit organizations - in the amount of forty, for medium–sized businesses – in the amount of fifty, for large businesses - in the amount of sixty monthly calculation indices, with suspension of activities.

7-2. Non-compliance by educational organizations with the requirements to ensure access of students and pupils to the Internet using the services of telecom operators designed to restrict children's access to information harmful to their health and development, –

entails a fine for officials in the amount of ten monthly calculation indices.

8. Non-compliance with the requirements for the provision of sports equipment and facilities for training and competitions –

entails a fine on legal entities in the amount of one hundred monthly calculation indices.

9. Liquidation, modification of the purpose and functional purpose of sports and recreation facilities owned by the state, without the creation of equivalent sports and recreation facilities –

they impose a fine on officials in the amount of five hundred monthly calculation indices.

10. Failure to comply with the requirements for providing participants in sports events with medical care and admission to athletes who have not passed a medical examination in accordance with regulatory requirements, –

entails a fine on legal entities in the amount of five hundred monthly calculation indices.

11. The act provided for in part ten of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

entails a fine in the amount of one thousand monthly calculation indices.

Part 1. In accordance with paragraph 2 of Article 50 of the Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III "On Education", "the state recognizes the special status of teaching staff in society and creates conditions for professional activity."

According to paragraph 1 of Article 51 of the Law of the Republic of Kazakhstan "On Education", persons with special pedagogical or professional education in relevant fields are allowed to engage in teaching.

Persons are not allowed to work in educational organizations.:

1) having medical contraindications;

2) registered in a psychiatric and (or) narcological dispensary;

3) on the basis of restrictions stipulated by the Labor Code of the Republic of Kazakhstan.

In paragraph 3) paragraph 2 of art. 26 of the Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V SAM states that "persons with or who had a criminal record are not allowed in organizations in the field of education, upbringing and development, recreation and recreation, physical culture and sports, medical care, social services, culture and art with the participation of minors, those who are or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of subparagraphs 1) and 2) of the first part of Article 35 of the Criminal Code of the Republic of Kazakhstan) for criminal offenses: murder, intentional infliction of harm to health, against public health and morals, sexual integrity, for extremist or terrorist crimes, human trafficking."

Paragraphs 3 and 5 of Article 51 of the Law of the Republic of Kazakhstan "On Education" stipulates that a teacher must:

1) possess relevant theoretical and practical knowledge and teaching skills in the field of their professional competence;

2) to ensure the quality of educational services provided in accordance with the requirements of the state mandatory education standards;

3) to educate students in the spirit of high morality, respect for parents, ethno-cultural values, and respect for the outside world;

4) develop students' life skills, competence, independence, and creative abilities;

5) constantly improve their professional skills, intellectual, creative and general scientific level;

6) to be certified at least once every five years;

7) observe the rules of pedagogical ethics;

8) respect the honor and dignity of students, pupils and their parents or other legal representatives;

9) immediately inform law enforcement agencies about the facts of criminal offenses committed by students, including in relation to students, or the facts of the commission of such offenses outside the educational organization that have become known to them.;

10) within one working day from the moment of identification of a child in a difficult life situation, inform the authorities of the system of prevention of offenses, neglect and homelessness among minors.

For violation of duties and commission of misconduct discrediting the title of a teacher, a teacher may be held liable in accordance with the laws of the Republic of Kazakhstan.

Teaching staff are prohibited from using the educational process for the purposes of political agitation, religious propaganda or to encourage students to take actions contrary to the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan.

Paragraphs 5-7 of the Rules of Pedagogical Ethics, approved by the Order of the Acting Minister of Education and Science of the Republic of Kazakhstan dated January 8, 2016 No. 9, states that the basic principles of pedagogical ethics are:

1) good faith:

conscientiousness of a teacher presupposes his responsibility for the result of training and upbringing, the ability to make adjustments in his activities, a developed ability to criticize and reflect, openness to any opinion of students, parents, colleagues;

2) honesty:

The honesty of a teacher presupposes the openness of his assessment activities, the transparency of the educational environment he creates. Honesty prohibits the teacher from violating the rights of the student, his parents (legal representatives), colleagues;

3) respect for the honor and dignity of the individual:

The teacher respects the honor and dignity of the student, the parent, and the people who become objects of his professional attention, and is tactful in dealing with them. He sincerely desires the development of the child, shows a willingness to always come to his aid, and is sensitive in assessing the student's successes (failures).

The use of methods of physical, moral and mental violence against participants in the educational process is not allowed.;

4) respect for universal human values:

Recognizing the priority of universal human values, the teacher respects the peculiarities, values and dignity of each national culture.

The teacher fosters a culture of interethnic relations, awakens students to respect the rights and dignity of all nations and all people, regardless of age, gender, language, nationality, religion, citizenship, origin, social, official and property status or any other circumstances;

The teacher helps to create a climate of trust and respect in the school community;

5) Professional solidarity:

The teacher cares about the prestige of the profession, respects the honor and dignity of colleagues, and does not allow actions that damage the authority of teaching.

It is not allowed in any form to abuse the trust of their colleagues, prevent them from fulfilling their professional duties, or cause them any harm. The teacher assists colleagues in improving the level of theoretical and methodological skills, in developing creative abilities, and comes to the aid of colleagues in trouble. Professional solidarity cannot serve as an excuse for untruth and injustice.;

6) continuity of professional development.

The teacher improves his professional skills, intellectual, creative and general scientific level.

In their activities, teaching staff:

1) contribute to the education of students and pupils in the spirit of high morality, respect for parents, ethno-cultural values, and respect for the outside world;

2) they do not allow the commission of actions capable of discrediting the high rank of a pedagogical worker of the Republic of Kazakhstan;

3) perform their official duties in good faith and with high quality;

4) continuously improve their professional skills, actively engage in self-education and self-improvement;

5) strictly observe labor discipline;

6) they take care of the educational organization's property and do not use it for personal purposes;

7) take measures to prevent corruption, set an example of honesty, impartiality and fairness by their personal behavior;

8) do not allow the use of official information for selfish and other personal purposes;

9) by personal example, they contribute to the creation of a stable and positive moral and psychological environment in the team;

10) adhere to a business style in clothing during the performance of their official duties.

In relations with participants in the educational process, teaching staff:

1) respect the rights, honor and dignity of a person regardless of age, gender, nationality, religion, citizenship, origin, social, official and property status or any other circumstances;

2) they do not allow the facts of financial and other extortion against participants in the educational process, and make efforts to prevent such actions on the part of their colleagues;

3) their actions do not give rise to reasonable criticism from society, they tolerate it, use constructive criticism to eliminate shortcomings and improve their professional activities;

4) provide professional support to participants in the educational process.

In relations with colleagues, teaching staff:

1) observe generally accepted moral and ethical standards, be polite and correct;

2) do not publicly question the professional qualifications of another teaching staff member.

Thus, the objective side of the offense is expressed in actions (inaction) for non-fulfillment or improper fulfillment of duties and norms of pedagogical ethics.

The object of the commented composition of an administrative offense is the socio-legal relations that arise when performing their duties and observing the norms of pedagogical ethics by a teaching staff member.

The subject of a special administrative offense is a teacher. According to paragraph 1 of Article 50 of the Law of the Republic of Kazakhstan "On Education", "teaching staff include persons engaged in educational activities related to the education and upbringing of students and pupils in educational organizations, as well as in other organizations implementing educational programs. Teaching staff of state educational organizations established in the organizational and legal form of state institutions and state-owned enterprises are civil servants (with the exception of employees and military personnel of military, special educational institutions with a military or special rank, class rank)."

The subjective side of the commented offense is expressed in the form of intent.

Part 2. The object of the offense is the social and legal relations that arise when parents or other legal representatives perform duties provided for by the legislation of the Republic of Kazakhstan in the field of education.

The objective side of the offense is expressed in non-fulfillment or improper fulfillment of duties stipulated by the legislation of the Republic of Kazakhstan in the field of education by parents or other legal representatives.

In accordance with paragraph 2 of Article 49 of the Law of the Republic of Kazakhstan "On Education", "parents and other legal representatives are required to:

1) to create healthy and safe conditions for children to live and study, to ensure the development of their intellectual and physical strength, moral development;

2) provide pre-school education with further placement of children in secondary schools;

3) comply with the rules defined by the charter of the educational organization;

4) ensure that children attend classes at the educational institution;

5) respect the honor and dignity of employees of educational organizations;

6) comply with the requirements for compulsory school uniforms established by the authorized body in the field of education;

7) observe the uniform prescribed by the educational organization."

Thus, according to paragraph 21 of the Requirements for compulsory school uniforms for secondary education organizations, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated January 14, 2016 No. 26 "parents and other legal representatives ensure that students wear school uniforms established in secondary education organizations."

The subjective side of the offense is expressed in the form of intent or negligence.

The subject of the offense is special - parents or other legal representatives.

Part 3. The object of a double offense is:

- social and legal relations that arise when the head or other official of an educational organization fulfills his duties during the educational and educational process;

- the health of pupils, students and employees of educational organizations.

The objective side of the commented offense is expressed in the failure or improper performance of duties by the head or other official of the educational organization during the educational and educational process.

Thus, in accordance with paragraph 3 of Article 45 of the Law of the Republic of Kazakhstan "On Education", "the head of an educational organization, in accordance with the procedure established by the laws of the Republic of Kazakhstan, is responsible for:

1) violation of the rights and freedoms of students, pupils, and employees of an educational organization;

2) failure to perform functions assigned to its competence;

3) violation of the requirements of the state mandatory standard of education;

4) the life and health of students, pupils and employees of educational organizations during the educational process;

5) the state of financial and economic activity, including the misuse of material and monetary resources;

6) other violations of the requirements stipulated in regulatory legal acts and the terms of the employment contract."

According to paragraph 6 of Article 48 of the Law of the Republic of Kazakhstan "On Education", "the responsibility for creating healthy and safe conditions for education, upbringing, work and recreation in educational institutions lies with their leaders."

The composition of this offense is of a material nature, i.e. non-fulfillment or improper fulfillment of duties by the head or other official of an educational organization should cause slight harm to the health of pupils, students and employees of educational organizations during the educational and educational process.

In accordance with paragraph 383 Rules for the organization and conduct of forensic examinations and research in forensic examination bodies, approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484, "harm to health is understood as a violation of the anatomical integrity of organs (tissues) or their physiological functions (bodily injuries), or diseases or pathological conditions resulting from the effects of various factors external environment: mechanical, physical, chemical, biological, psychogenic, as well as the consequences resulting from defects in medical care, leading to a health disorder or death".

According to paragraphs 390 and 391 of these Rules, a forensic medical assessment of the severity of the injury is carried out by an expert through a medical examination. An examination of the severity of the injury can also be carried out based on medical documents (inpatient patient's card, outpatient patient's card and other medical documents) if there is a complete package of documents containing comprehensive data on the nature of the injury and its clinical course.

The subjective side is expressed in the fact that the offense is committed negligently, since minor harm to health is caused as a result of negligent or unfair attitude towards the performance of duties by a supervisor or other official.

The subject of a special offense is the head or other official of an educational organization.

Part 3-1. The object of the offense is the social and legal relations that arise when fulfilling the obligation to report to law enforcement agencies the facts of illegal actions (inaction) in educational organizations, as well as the facts of illegal actions (inaction) committed by students or against them that have become known to them outside of the educational organization.

Thus, according to subclause 9) of clause 3 of Article 51 of the Law of the Republic of Kazakhstan "On Education", a teacher is obliged to "immediately inform law enforcement agencies about the facts of criminal offenses committed by students, including against students, or the facts of such offenses outside the educational organization that have become known to them."

The objective side of the offense is expressed in hiding or not reporting to law enforcement agencies about the facts of illegal actions (inaction) in educational organizations, as well as the facts of illegal actions (inaction) committed by students or against them that have become known to them outside the boundaries of the educational organization, if these acts do not contain signs of a criminally punishable act.

The condition for bringing to administrative responsibility is failure to report precisely the facts of illegal actions (inaction), if these acts do not contain signs of a criminally punishable act.

In accordance with parts 1, 2, and 3 of Article 10 of the Criminal Code of July 3, 2014, No. 226-V SAM, criminal offenses are divided into crimes and criminal offenses, depending on the degree of public danger and punishability. A crime is a culpably socially dangerous act (action or omission) prohibited by this Code under threat of punishment in the form of a fine, correctional labor, community service, restriction of liberty, imprisonment or the death penalty.

A criminal offense is an act committed guiltily (action or omission) that does not pose a great public danger, has caused minor harm or has created a threat of harm to a person, organization, society or the state, for which punishment is provided in the form of a fine, correctional labor, community service, arrest, expulsion from the Republic of Kazakhstan of a foreigner or stateless persons.

The subjective side is expressed in intent or carelessness.

The subject of a special offense is an employee (subject) of an educational organization.

Part 4. The object of the offense is the established procedure for the activities of educational organizations, admission to educational organizations, transfer and reinstatement of students by type of educational organization, granting academic leave to students in educational organizations, competitive replacement of positions of teaching staff and researchers of higher educational institutions.

The activities of educational organizations are regulated by various regulatory legal acts, including:

- Standard rules for the activities of educational organizations of the relevant types, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30, 2018 No. 595;

- Standard rules for the activities of types of organizations of technical and vocational, post-secondary education, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated September 11, 2013 No. 369;

- Standard rules for the activities of organizations of higher and (or) postgraduate education, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 16, 2013 No. 420;

- Standard rules for the activities of types of additional education organizations for children, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated June 14, 2013 No. 228;

- Standard rules for the activities of types of special education organizations, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated February 14, 2017 No. 66;

- Standard rules for the activities of types of specialized educational organizations, approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated July 19, 2013 No. 289, etc.

Issues of admission to educational organizations are regulated by various regulatory legal acts, including: Standard Rules for Admission to educational organizations implementing educational programs of post-secondary education, approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 9, 2018 No. 553, Standard Rules for Admission to educational organizations implementing educational programs of higher and postgraduate education approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 31 , 2018 No. 600 , etc .

The procedure for transfer and reinstatement of students in technical and vocational, post-secondary education organizations, regardless of the form of ownership and departmental subordination, is defined in the "Rules for Transfer and reinstatement of students by type of educational organizations", approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated January 20, 2015 No. 19.

The provision of academic leave is regulated by various regulatory legal acts, including: the Rules for Granting Academic Leave to Students in Technical, Vocational, and Post-Secondary Education Institutions, approved by Order No. 506 of the Minister of Education and Science of the Republic of Kazakhstan dated December 4, 2014, and the Model Rules for the Activities of Relevant Types of Educational Organizations, approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30, 2018. year No. 595 , etc .

The replacement of positions of teaching staff and researchers of higher educational institutions in state-owned enterprises and public institutions is regulated by the Rules for Admission to the civil service and the competition for the vacant position of a civil servant, approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 25, 2015 No. 1017.

Thus, the objective side of the commented composition of an administrative offense is expressed in actions (inaction), expressed in non-compliance.:

standard rules for the activities of educational organizations;

standard rules of admission to educational organizations;

standard rules for transfer and reinstatement of students by type of educational organization;

standard rules for granting academic leave to students in educational institutions;

standard rules for competitive replacement of positions of teaching staff and researchers of higher educational institutions

The subjective side is expressed in the form of intent or carelessness.

The subject of a special offense is an official, a small business entity, a non-profit organization, a medium-sized business entity, or a large business entity.

Part 5. The object of the offense being commented on is the socio-legal relations that arise when observing the procedure for the activities of educational organizations. In accordance with paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Education", "it is prohibited to create and operate organizational structures of political parties and religious organizations (associations) in educational organizations." Such a ban is related to the fact that the Republic of Kazakhstan claims to be a secular state (paragraph 1 of Article 1 of the Constitution of the Republic of Kazakhstan), which presupposes the separation of religion not only from the state, but also secular educational institutions.

According to paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan dated July 15, 2002 No. 344 "On Political Parties", "a political party is a voluntary association of citizens of the Republic of Kazakhstan expressing the political will of citizens, various social groups, in order to represent their interests in representative and executive bodies of state power, local self-government and participation in their formation."

Paragraph 1 of Article 8 of the Law of the Republic of Kazakhstan "On Political Parties" explicitly states that "a citizen of the Republic of Kazakhstan who has reached the age of eighteen may be a member of a political party." Political propaganda among children is not acceptable, as it can have a negative impact on their mental health.

The objective side of the offense is expressed in actions to create and operate organizational structures of political parties in educational organizations.

The subjective side is expressed in the form of intent or carelessness.

The subject of a special offense is an official, a small business entity, a medium–sized business entity, or a large business entity.

Part 6. The object of the commented offense is the current requirements of the state mandatory standard of education.

In accordance with paragraph 4 of Article 30 of the Constitution of the Republic of Kazakhstan, "the state establishes generally binding standards of education. The activities of any educational institutions must comply with these standards."

By Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 31, 2018 No. 604 approved:

1) The state mandatory standard of preschool education and training;

2) The State mandatory standard of primary education;

3) The state mandatory standard of basic secondary education;

4) The state mandatory standard of general secondary education;

5) The state mandatory standard of technical and vocational education;

6) The state mandatory standard of post-secondary education;

7) The State mandatory standard of higher education;

8) The state mandatory standard of postgraduate education.

The objective side of the offense is characterized by actions that are expressed in the inconsistency of the educational services provided with the requirements of the state mandatory standard of education, as well as other violations of the requirements of the state mandatory standards of education.

The subjective side is expressed in the form of intent or carelessness.

The subject of a special offense is an official, a small business entity, a non–profit organization, a medium-sized business entity, or a large business entity.

Part 7. In this part of Article 409 of the Administrative Code, repeated commission within a year after the imposition of an administrative penalty of the action (inaction) provided for in parts one to six of Article 409 of the Administrative Code is considered as a qualifying feature.

Part 7-1. It should be noted that repeated commission within a year after the imposition of an administrative penalty for actions provided for in part four of Article 409 of the Administrative Code provides for a more severe type of administrative penalty.

These are the following violations:

1) non-compliance with the standard rules of educational organizations;

2) non-compliance with the standard rules of admission to educational organizations;

3) non-compliance with the standard rules of transfer and reinstatement of students by type of educational organization;

4) non-compliance with the standard rules for granting academic leave to students in educational institutions;

5) non-compliance with the standard rules of competitive replacement of positions of teaching staff and researchers of higher educational institutions.

A distinctive feature of qualification under Part 7-1 of Article 409 of the Administrative Code is that it is performed repeatedly during the year by an educational organization that carries out activities on a notification basis.

Part 7-2. The object of an administrative offense is social and legal relations related to compliance with the requirements for ensuring access of students and pupils to the Internet using the services of telecom operators designed to restrict children's access to information harmful to their health and development.

Article 39 of the Law of the Republic of Kazakhstan dated August 8, 2002 No. 345 "On the Rights of the Child in the Republic of Kazakhstan" guarantees the protection of children from information harmful to their health and development. Thus, 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 the territorial integrity of the Republic of Kazakhstan, pornography, causing harm the health and development of children, as well as in other ways detrimental to the spiritual and moral development of the child.

The objective side of the offense is expressed in actions (inaction) for non-compliance by educational organizations with the requirements to ensure access of students and pupils to the Internet using the services of telecom operators designed to restrict children's access to information harmful to their health and development.

The subjective side can be expressed both in the form of intent and carelessness.

The subject of the offense is a special official.

Part 8. In accordance with Article 57 of the Law of the Republic of Kazakhstan dated July 3, 2014 No. 228-V SAM "On Physical culture and Sports", "violation of the legislation of the Republic of Kazakhstan in the field of physical culture and sports entails liability established by the laws of the Republic of Kazakhstan."

The object of the offense being commented on is the social and legal relations that arise when the requirements for providing sports equipment and facilities for classes and competitions are met.

According to paragraph 2 of Article 10 of the Law of the Republic of Kazakhstan "On Physical Culture and Sports", "physical culture and sports organizations participate in the organization of work on the development of physical culture and sports among various groups of the population, create conditions for the protection and promotion of the health of athletes and other persons participating in sports competitions and training events, provide athletes, coaches and specialists in the field of physical culture and sports need the necessary conditions for training."

In accordance with sub-paragraphs 4) and 5) of paragraph 2 of Article 30 of the Law of the Republic of Kazakhstan "On Physical Culture and Sports", "a professional sports club is obliged to: provide a professional athlete, professional coach and other specialist in the field of physical culture and sports with the necessary sports uniforms, equipment, medical care and other means necessary for the performance of their duties provided for by the sports activity agreement, including personal protective equipment for employees; to create appropriate technical equipment for venues of sports competitions and training camps that meet the requirements of occupational safety and health, and to ensure the safety of professional athletes and other specialists in the field of physical culture and sports."

The objective side of the offense is expressed by non-compliance with the requirements for providing sports equipment and facilities for classes and competitions.

The subjective side of the offense being commented on can be expressed both in the form of intent and negligence.

The subject of a special offense is a legal entity.

Part 9. The object of the offense is sports and recreation facilities that are in state ownership.

In accordance with paragraph 4 of Article 51 of the Law of the Republic of Kazakhstan "On Physical Culture and Sports", "it is not allowed to liquidate, change the purpose and functional purpose of sports and recreation facilities, sports facilities owned by the state, without creating an equivalent sports and recreation, sports and technical facilities."

The objective side of the offense is expressed in actions to eliminate, change the purpose and functional purpose of sports facilities owned by the state, without creating equivalent sports facilities.

The subjective side manifests itself in the form of intent.

The subject of the offense is a special official.

Part 10. In accordance with paragraph 1 of Article 43 of the Law of the Republic of Kazakhstan "On Physical Culture and Sports", medical care for persons engaged in physical culture and sports includes:

1) systematic monitoring of their health status;

2) assessment of the adequacy of physical activity according to their state of health;

3) prevention and treatment of diseases, injuries, medical rehabilitation, fortification and provision of medicines in accordance with regulations;

4) restoration of health by means and methods used in physical education and sports.

Medical care for athletes, organization of medical services during sporting events, and the procedure for establishing sports medicine organizations are carried out in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare.

According to Article 138-1 of the Code of the Republic of Kazakhstan dated September 18, 2009 No. 193-IV "On the health of the people and the healthcare system", medical care and medical assistance to athletes and coaches are provided in accordance with the procedure approved by the authorized body in the field of physical culture and sports, in coordination with the authorized body. Athletes who have not passed a medical examination in accordance with the procedure established by the authorized body in the field of physical culture and sports in coordination with the authorized body are not allowed to participate in sports competitions.

The object of the offense is social and legal relations related to compliance with the requirements for providing participants in sports events with medical care and admission of athletes to them.

The objective side of the offense is characterized by the fact that actions (inaction) are expressed:

- failure to comply with the requirements for providing participants in sports events with medical care;

- admission to sports events of athletes who have not passed a medical examination in accordance with regulatory requirements.

The subjective side of the offense being commented on can be expressed both in the form of intent and negligence.

The subject of a special offense is a legal entity.

Part 11. The commented offense is characterized by the fact that the act provided for in Part 10 of Article 409 of the Administrative Code is committed repeatedly within a year after the imposition of an administrative penalty.

In accordance with Part 1 of Article 684 of the Administrative Code, judges of specialized district and equivalent administrative courts consider cases of administrative offenses provided for in Articles 409 (parts seven and 7-1) of the Administrative Code.

In accordance with paragraphs 49), paragraph 52) of Part 1 of Article 804 of the Administrative Code in cases of administrative offenses considered by the courts, protocols on administrative offenses may be drawn up by authorized officials.:

- authorized body in the field of education - art. 409 (parts seven, 7-1) of the Administrative Code;

- bodies responsible for control over the provision of medical services, Article 409 (part seven) 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.);

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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