Comment to article 424. Illegal medical and (or) pharmaceutical activities  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Engaging in illegal medical and/or pharmaceutical activities by a person who does not have a certificate and/or license for this type of activity, –

     entails a fine for individuals in the amount of five, for officials in the amount of fifteen, for small businesses in the amount of twenty, for medium–sized businesses in the amount of fifty, for large businesses in the amount of seventy monthly calculation indices

     2. Provision of a guaranteed amount of free medical care on a paid basis in healthcare organizations that provide it, –

     entails a fine for individuals in the amount of ten, for officials, small business entities – in the amount of thirty, for medium–sized businesses – in the amount of fifty, for large businesses - in the amount of four hundred monthly calculation indices.

     3. Repeated commission of the acts provided for in part two of this Article within one year after the imposition of an administrative penalty., –

     entails a fine for individuals in the amount of thirty with the deprivation of a specialist's certificate, for officials, small businesses – in the amount of sixty–five, for medium–sized businesses - in the amount of one hundred, for large businesses - in the amount of seven hundred monthly calculation indices, with confiscation of income received as a result of an administrative offense.

     4. Conducting mass healing sessions (two or more people), including through the use of mass media, –

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

     5. The participation of medical workers authorized to prescribe medicines in the advertising of medicines, the sale of medicines by medical workers in the workplace, with the exception of cases provided for by law, as well as referral to certain pharmacy or other types of organizations and other forms of cooperation with them in order to receive remuneration –

     they entail a fine for individuals in the amount of eighty monthly calculation indices with the deprivation of a specialist certificate, for officials, small business entities – in the amount of one hundred, for medium–sized businesses – in the amount of two hundred, for large businesses - in the amount of three hundred monthly calculation indices.

     The object of the offense provided for in part 1 of Article 424 is the established procedure for engaging in medical or pharmaceutical activities that affect the rights of citizens in the field of health protection.  

     The objective side is to engage in medical or pharmaceutical activities without a certificate or license.  

     In accordance with article 13 of the Code of the Republic of Kazakhstan dated September 18, 2009 "On the Health of the People and the Healthcare System" (hereinafter referred to as the "Code on the Health of the People"), medical and pharmaceutical activities are subject to licensing in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications. According to paragraph 3 of Article 176 of the same Code, it is prohibited for an individual to engage in clinical practice without an appropriate specialist certificate, as well as with its expired validity.

     Licensing/certification of medical and pharmaceutical activities is also mentioned in the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications". This law (Appendix No. 1) defines the types of activities that require licensing. According to the law, certificates are issued to specialists without assigning a qualification category for admission to clinical practice (Appendix No. 2).  

     On the subjective side, the offense is characterized by intent.

     The subject of the offense is an individual, an individual entrepreneur, an official or a legal entity (business entity).

     The object of the offense provided for in part 2 of Article 424 is the established procedure for providing a guaranteed amount of free medical care.  

     In accordance with paragraph 2 of Article 29 of the Constitution of the Republic of Kazakhstan, citizens of the Republic have the right to receive free of charge the guaranteed amount of medical care established by law.  

     In accordance with article 4 of the People's Health Code, ensuring a guaranteed amount of free medical care is one of the principles of state policy in the field of healthcare (paragraph 4). According to paragraph 1), paragraph 1 of Article 88 of the People's Health Code, citizens have the right to receive a guaranteed amount of free medical care (GOBMP) in in accordance with the list approved by the Government of the Republic of Kazakhstan. The list of guaranteed volume of free medical care was approved by the Resolution of the Government of the Republic of Kazakhstan dated December 15, 2009 No. 2136.  

     The objective side is expressed in action - the provision of medical services listed in the GOBMP list on a fee-based basis.  

     On the subjective side, the offense is characterized by intent.

     The subject of the offense is an individual, an individual entrepreneur, an official or a legal entity (business entity).

     Part 3 provides for increased liability for repeated commission within a year after the imposition of an administrative penalty of the acts provided for in parts 1 and 2 of the commented article.

     The object of the offense provided for in part 4 of Article 424 is the established procedure for activities in the field of traditional medicine.

     In accordance with article 54 of the National Health Code, traditional medicine (healing) This is a set of empirical information accumulated by the people about healing remedies, as well as therapeutic and hygienic techniques and skills and their practical application to preserve health, prevent and treat diseases (paragraph 3).

     The objective side is to conduct mass healing sessions.  

     In accordance with paragraph 5 of article 54 of the National Health Code, conducting mass healing sessions, including through the use of mass media, is prohibited.  

     Mass participation means that sessions are aimed at at least two people. An optional element of the composition may be the following method: the use of mass media (television, radio, Internet resources, etc.).  

     On the subjective side, the offense is characterized by intent.

     The subject of the offense is an individual.

     The object of the offense provided for in part 5 of Article 424 is the established procedure for advertising and selling medicines.

     The objective side is to perform the following actions:  

     - the participation of medical professionals authorized to prescribe medicines in the advertising of medicines.

     In accordance with paragraph 4 of Article 86-3 of the People's Health Code, medical workers who prescribe medicines are prohibited from participating in the advertising of medicines and medical devices.;      

     - the sale of medicines by medical workers at the workplace, except in cases provided for by law.

     The issues of retail sale of medicines are regulated by article 69 of the National Health Code. In accordance with paragraph 4 of this article, the wholesale and retail sale of medicines by medical professionals in medical organizations is prohibited (paragraph 5). Exceptions are provided for in paragraph 6 of the same article: in settlements remote from the district center where there are no pharmacies, individuals and legal entities can sell medicines and medical products through pharmacy points in healthcare organizations providing primary health care, consultative and diagnostic care, and mobile pharmacy points. In the absence of pharmacy outlets, the retail sale of medicines and medical devices can be carried out through healthcare organizations that provide primary health care, consultative and diagnostic assistance. In the absence of specialists with pharmaceutical education for the retail sale of medicines and medical devices, specialists with medical education who have been trained to sell them are allowed.;

     - referral to certain pharmacy or other types of organizations and other forms of cooperation with them in order to receive remuneration.

     In accordance with paragraph 4 of Article 86-3 of the People's Health Code, medical professionals prescribing medicines are prohibited from recommending certain retail facilities for medicines and medical devices to patients for the purpose of personal interest in receiving remuneration for their services.

     On the subjective side, the offense is characterized by intent. In the case of referral to certain pharmacy or other types of organizations, other forms of cooperation should have a goal - to receive remuneration for their services.

     The subject of the offense is an individual, an individual entrepreneur, an official or a legal entity (business entity).

     Reports on administrative offences provided for in Article 424 may be drawn up by officials of the bodies responsible for control over the provision of medical services (paragraph 52, part 1 of Article 804) or other health authorities (part 3 of Article 804).  

     Cases of administrative offences provided for in parts 1, 2, and 4 of Article 424 are considered by health authorities (Article 700), and parts 3 and 5 of Article 424 are considered 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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