Comment to article 430. Avoiding treatment of people with diseases that pose a danger to others The Code of the Republic of Kazakhstan on Administrative Offences
1. Refusal to take medicines and other avoidance of treatment of persons with diseases that pose a danger to others, the list of which is determined by the Government of the Republic of Kazakhstan, as well as persons who have been in contact with them and in need of preventive treatment, continuing after a written warning issued by a healthcare institution, entail a fine in the amount of five monthly calculation indices.
2. Avoidance of parents or persons replacing them from the treatment of minor children with diseases that pose a danger to others, the list of which is determined by the Government of the Republic of Kazakhstan, –
entails a fine for individuals in the amount of ten monthly calculation indices.
The object of the offenses provided for in article 430 is the health of the population, which is at risk due to non-compliance with the requirements of treatment by persons with diseases that pose a danger to others.
The list of socially significant diseases and diseases that pose a danger to others was approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated May 21, 2015 No. 367.
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. Citizens are also required to take precautions to protect their own health and the health of others, and to undergo examination and treatment at the request of medical organizations. In case of evasion from examination and treatment, citizens suffering from diseases that pose a danger to others are subjected to compulsory examination and treatment in accordance with the People's Health Code and other laws of the Republic of Kazakhstan.
The objective side of the offense provided for in Part 1 is expressed in inaction (avoiding treatment by, for example, refusing to take medications, replacing taking some medications with others).
In accordance with paragraph 3 of Article 148 of the National Health Code, patients with infectious 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. Infectious diseases are included in the list of diseases that pose a danger to others.
Bringing to administrative responsibility is possible only if inaction continues 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 with a medical condition that poses a danger to others;
- an individual who has been in contact with a person with a medical condition that poses a danger to others and needs preventive treatment.
At the same time, avoiding treatment by persons who are in contact with HIV-infected people, patients with sexually transmitted diseases, tuberculosis (which are also included in the list of diseases that pose a danger to others) should be qualified under Part 1 of Article 429 of the Administrative Code.
The objective side of the offense provided for in Part 2, as well as in the case of part 1 of Article 430, is expressed in inaction (refusal to take medications, substitution of some medications for others).
On the subjective side, the offense is characterized by intent.
The subject of the offense is the parents of minors or persons replacing them who avoid treating minor children with diseases that pose a danger to others.
Officials of the sanitary and epidemiological surveillance authorities have the right to draw up protocols on administrative offenses provided for in Article 430 (paragraphs 22 of part 1 of Article 804, part 3 of Article 804).
Cases of administrative offenses provided for in Part 1 of Article 430 are considered by the body exercising control and supervision in the field of sanitary and epidemiological welfare of the population (Article 701), and part 2 of Article 430 are considered by judges of specialized inter-district juvenile courts (part 2 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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