Comment to Article 423. Propaganda and illegal advertising of narcotic drugs, psychotropic substances and precursors of the Code of the Republic of Kazakhstan on Administrative Offenses
1. Propaganda and illegal advertising of narcotic drugs, psychotropic substances and precursors –
They impose a fine on small businesses in the amount of one hundred and fifty, on medium–sized businesses – in the amount of three hundred, on large businesses - in the amount of five hundred monthly calculation indices.
2. Advertising of narcotic drugs and psychotropic substances included in the list of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan in non-specialized print media intended for medical and pharmaceutical workers, as well as distribution for the purpose of advertising samples of medicines containing narcotic drugs and psychotropic substances, -
They impose a fine on small businesses in the amount of two hundred, on medium-sized businesses in the amount of four hundred, on large businesses in the amount of seven hundred monthly calculation indices, with or without deprivation of a license.
Notes.
1. The propaganda of narcotic drugs, psychotropic substances and precursors in this article should be understood as the activities of individuals and legal entities aimed at disseminating information about the methods, methods of development, manufacture and use, places of purchase of narcotic drugs, psychotropic substances and precursors, as well as the production and distribution of books, media products, distribution in networks telecommunications of the specified information or the commission of other actions for these purposes.
2. Illegal advertising of narcotic drugs, psychotropic substances and precursors in this article should be understood as the activities of individuals and legal entities to distribute and post in any form, using any means, any information that has an unconscious effect on human perception and instincts, forms or supports his interest in narcotic drugs, psychotropic substances and precursors.
The object of the offences provided for in article 423 is the established procedure for the dissemination of information about narcotic drugs, psychotropic substances and precursors, both not subject and subject to control.
The objective side of the offense specified in part 1 of Article 423 is expressed in actions - propaganda and illegal advertising. The concept of propaganda and illegal advertising is given in the Notes to the article. At the same time, the concept of propaganda in the Notes practically coincides with the content of paragraph 1 of Article 24 of the Law of the Republic of Kazakhstan dated July 10, 1998 "On Narcotic Drugs, Psychotropic Substances, Precursors and measures to combat their illicit trafficking and abuse" (hereinafter referred to as the "Law on Narcotic Drugs"). Specific actions included in the objective side can be expressed in the direct dissemination of relevant information, the production and distribution of book products, the placement of advertising materials in the media, etc.
In accordance with paragraph 1 of Article 24 of the Law on Narcotic Drugs, the propaganda of narcotic drugs, the production and distribution of books, mass media products, the dissemination of specified information on computer networks, or the commission of other actions for these purposes are prohibited (The Law, unlike the Notes to Article 423 of the Administrative Code, distinguishes propaganda from other actions).
On the subjective side, the composition is characterized by intent or carelessness.
The subject of the offense is an individual entrepreneur or a legal entity (business entity).
The objective side of the offense specified in part 2 of Article 423 is expressed in such actions as:
- advertising of narcotic drugs, psychotropic substances and precursors included in the list of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan in non-specialized print media intended for medical and pharmaceutical workers;
- distribution of samples of medicines containing narcotic drugs and psychotropic substances for the purpose of advertising.
In accordance with paragraph 2 of Article 24 of the Law of the Republic of Kazakhstan on Narcotic Drugs, advertising of narcotic drugs and psychotropic substances included in the List (Tables II and III) may be carried out exclusively in specialized print media intended for medical and pharmaceutical workers. This paragraph also prohibits the distribution of samples of medicines containing narcotic drugs or psychotropic substances for advertising purposes.
On the subjective side, the composition is characterized by intent or carelessness.
The subject of the offense is an individual entrepreneur or a legal entity (business entity).
Officials of the internal affairs bodies have the right to draw up protocols on administrative offenses provided for in article 423 (paragraphs 1, part 1, part 3 of Article 804).
Cases of administrative offenses provided for in Part 1 of Article 423 are considered by the internal affairs bodies (part 1 of Article 685), and part 2 of Article 423 – by judges of specialized district and equivalent administrative courts (part 1 of Article 684).
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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