Comment to article 429. Avoiding medical examination and treatment of people who are in contact with HIV-infected people, patients with sexually transmitted diseases, tuberculosis, as well as people who consume narcotic drugs or psychotropic substances without a doctor's prescription The Code of the Republic of Kazakhstan on Administrative Offences
1. Avoidance of medical examination and treatment of persons who are in contact with HIV-infected persons, patients with sexually transmitted diseases, tuberculosis, continuing after a written warning issued by a healthcare institution, -
entails a fine in the amount of five monthly calculation indices.
2. Evasion from medical examination and treatment of persons recognized as suffering from alcoholism, drug addiction and substance abuse, or for whom there is sufficient evidence that they use narcotic drugs or psychotropic substances without a doctor's prescription, shall entail a fine in the amount of ten monthly calculation indices.
The object of the offense provided for in part 1 of Article 429 is the established procedure for medical examination and treatment of persons in contact with HIV-infected, sexually transmitted diseases, tuberculosis. Failure to comply with this procedure may endanger public health.
In accordance with paragraphs 4 and 5 of paragraph 1 of Article 90 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"), citizens are required to comply with the prescriptions of medical workers, health authorities and organizations related to individual and public health; to protect their own health and the health of others, to undergo examination and treatment at the request of medical organizations.
The norms of the People's Health Code provide for cases of mandatory examination, examination and compulsory treatment of certain categories of persons.
The objective side of the offense provided for in part 1 of Article 429 is expressed in the inaction (avoidance of medical examination and treatment) of persons who are in contact with HIV-infected people, patients with sexually transmitted diseases, tuberculosis.
In accordance with paragraph 3 of Article 148 of the People's Health Code, patients with infectious (including HIV, tuberculosis, sexually transmitted diseases) and parasitic diseases, persons with suspected infectious and parasitic diseases, and bacterial carriers are subject to isolation and treatment, and persons in contact with them are subject to medical supervision and, if necessary, isolation and treatment.
In accordance with paragraph 2 of Article 115 of the Code, persons for clinical and epidemiological indications are subject to mandatory confidential medical examination for HIV infection in accordance with the rules approved by the authorized body (Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 23, 2015 No. 508 "On approval of the Rules for mandatory confidential medical examination for HIV-infections of individuals according to clinical and epidemiological indications"). Despite the fact that the range of persons subject to mandatory examination in accordance with the above-mentioned Order is quite wide, administrative responsibility comes only to persons who are in contact with HIV-infected patients.
Bringing to administrative responsibility is possible only after a written warning issued by a healthcare institution.
On the subjective side, the offense is characterized by intent.
The subject of the offense is an individual who is in contact with HIV-infected people, people with AIDS, sexually transmitted diseases, and tuberculosis. According to the meaning of the article, we are not talking about patients with diseases, but about people who are in contact with them.
The object of the offense provided for in part 2 of Article 429 is the established procedure for medical examination and treatment of persons recognized as suffering from alcoholism, drug addiction and substance abuse, as well as those for whom there is sufficient evidence that they use narcotic drugs or psychotropic substances without a doctor's prescription. Failure to comply with this procedure may also endanger public health. In accordance with paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan dated April 7, 1995. "On compulsory treatment of patients with alcoholism, drug addiction and substance abuse" (hereinafter referred to as the "Law on Compulsory Treatment"), alcoholism, drug addiction and substance abuse are diseases that harm the health of citizens, the country's gene pool and contribute to the growth of crime.
The objective side of this offense is expressed in inaction (evading medical examination and treatment).
In accordance with article 132 of the People's Health Code, recognition of a person with alcoholism, drug addiction and substance abuse is carried out by state health organizations after an appropriate medical examination in accordance with the procedure established by the authorized body. The rules for recognizing a person as suffering from alcoholism, drug addiction and substance abuse were approved by Order No. 808 of the Minister of Health of the Republic of Kazakhstan dated December 1, 2009.
In accordance with article 1 of the Law on Compulsory Treatment, patients with alcoholism, drug addiction and substance abuse who evade voluntary treatment are subject to compulsory inpatient treatment in drug treatment organizations for compulsory treatment of the healthcare system. In accordance with article 3 of the same law, persons who evade medical examination when deciding whether to apply for compulsory treatment are brought by the internal affairs bodies to a drug treatment organization for compulsory examination.
In accordance with paragraph 1 of Article 32 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", a person in respect of whom the internal affairs bodies and other authorized state bodies or health authorities of the Republic of Kazakhstan received information from organizations or individual citizens the fact that he is illegally consuming narcotic drugs, psychotropic substances, their analogues, or is in a state of drug intoxication, is subject to a medical examination.
According to the meaning of the article, persons for whom there is sufficient evidence that they use narcotic drugs or psychotropic substances without a doctor's prescription are held liable only for refusing medical examination, since they can be subject to compulsory treatment only after they are recognized as suffering from alcoholism, drug addiction, and substance abuse.
The medical examination in the context of this paragraph also includes a medical examination.
On the subjective side, the offense is characterized by intent.
The subject of an offense is an individual who is recognized as suffering from alcoholism, drug addiction and substance abuse, or a person for whom there is sufficient evidence that he uses narcotic drugs or psychotropic substances without a doctor's prescription.
The protocols on administrative offences provided for in Article 429 may be drawn up by officials of the body for control over the provision of medical services and its territorial divisions (Part 3 of Article 804).
Cases of administrative offences provided for in Article 429 are considered by the state body for control in the provision of medical services and its territorial divisions (part 2 of Article 700).
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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