Comment to article 443. Disobedience to the lawful demand of a person involved in ensuring public order  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Disobedience to the lawful demand of a person involved in ensuring public order, -

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

     2. The action (inaction) provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

     entails a fine in the amount of ten monthly calculation indices or administrative arrest for up to five days.

     The Law of the Republic of Kazakhstan dated July 9, 2004 "On the participation of citizens in ensuring public order" regulates public relations arising in connection with the voluntary participation of citizens of the Republic of Kazakhstan in ensuring public order.

     The object of this offense is public relations in the field of ensuring public order and public safety. Disobedience to a lawful order or request of a person involved in ensuring public order hinders the process of voluntary assistance to law enforcement agencies in maintaining law and order and exercising their powers in accordance with Article 7 of the Law of the Republic of Kazakhstan dated July 9, 2004 "On the participation of Citizens in ensuring Public Order", namely:

     1) to assist the internal affairs bodies in measures to ensure public order that are not related to control and supervisory functions;  

     2) to prevent and suppress criminal and administrative offenses;

     3) to use physical force and other means for the purpose of suppressing offenses and detaining offenders, if it is not possible to achieve these goals by other means. At the same time, the necessary measures should not be exceeded. It is prohibited to use physical force and other means against women, persons with obvious signs of disability, and minors when their age is known or obvious, except in cases where they commit an armed or group attack (violence).;  

     4) in cases stipulated by the laws of the Republic of Kazakhstan, detain and deliver to law enforcement or other state authorities persons who have committed a criminal or administrative offense. If necessary, when there is reason to believe that the detained person is carrying weapons or other dangerous objects or items relevant to the criminal case, inspect the detainee's clothes and seize them for transfer to the specified authorities.;

     5) participate in the provision of medical and other assistance to citizens affected by unlawful encroachments, road accidents, natural disasters and other emergency situations;  

     6) carry out explanatory and legal work on the prevention of offenses, alcoholism, drug addiction and substance abuse;  

     7) require citizens to observe public order.

     The objective side of Part 1 of the offense under consideration is characterized by one qualifying feature, which is expressed by an action (inaction) in the form of disobedience to the legitimate demand of a person involved in ensuring public order.

     An act forms part of an offense only in cases where disobedience manifests itself only in the refusal to comply with the mandatory, persistent, repeated orders or demands of a person involved in ensuring public order, indicating a clear disrespect for the established order of behavior of citizens in society.

     A prerequisite for recognizing the guilt of an offender must be the legitimate requirements of a person involved in ensuring public order, that is, requirements based on the legal norms of legislation and subordinate regulatory legal acts.  

     Persons involved in ensuring public order should include citizens of the Republic of Kazakhstan who have reached the age of 18 and comply with the requirements of the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan dated May 19, 2015 No. 461 "On Approval of the Rules on the procedure, forms and types of involving citizens in measures to ensure public order." Based on paragraph 15 of the Rules, "citizens who have not reached the age of majority and persons against whom a pre-trial investigation is being conducted or who have a criminal record that has not been extinguished or removed in accordance with the procedure established by law, as well as those registered in drug treatment, neuropsychiatric dispensaries or recognized as legally incompetent, are not allowed to participate in ensuring public order." or with limited legal capacity."

     According to Article 6 of the Law of the Republic of Kazakhstan dated July 9, 2004 "On the participation of citizens in ensuring public order", citizens involved in ensuring public order are prohibited:

     1) to carry out procedural and other activities attributed in accordance with the legislation of the Republic of Kazakhstan to the exclusive competence of law enforcement and other state bodies;  

     2) assign powers to law enforcement officers;

     3) obstruct the legitimate activities of law enforcement officers;  

     4) to act as witnesses when participating in events to ensure public order;  

     5) commit acts that degrade the honor and dignity of a person and citizen or unlawfully restrict the rights and freedoms of citizens;  

     6) to use special means in service with law enforcement agencies when participating in public order measures.

     The presence of an armband, a certificate and a distinctive badge of the prescribed form must indicate the presence of a person involved in ensuring public order. The certificate of a public police assistant must be presented at the request of citizens.

     Often, disobedience to a person involved in ensuring public order is preceded by other violations of public order. For example, minor hooliganism or drinking alcoholic beverages in places not designated for this purpose. Such offenses should be qualified in conjunction with disobedience, and the offender is responsible for each act independently.  

     If, in disobedience, the offender performs active actions involving illegal actions listed in part 1 of Article 293 of the Criminal Code of the Republic of Kazakhstan, then such actions should be qualified as resistance to a person performing duties to protect public order or prevent a violation of public order, that is, according to paragraph 2 of part 2 of Article 293 of the Criminal Code of the Republic of Kazakhstan.

     The administrative offense under investigation is considered completed from the moment the person disobeys, regardless of whether he or she has succeeded in preventing the person performing duties to protect public order from exercising his or her rights to suppress the offense.

     The objective side of Part 2 of the commented article provides for a qualifying sign of the commission of an offense provided for in part one of the article repeatedly within a year after the imposition of an administrative penalty. Here, the repeated actions of the offender should be taken into account only as a qualifying feature, and not as an aggravating circumstance.

     The subject of parts 1 and 2 of the offense is a sane individual who has reached the age of sixteen by the time the administrative offense ends or is suppressed (Article 28 of the Administrative Code)

     The subjective side of parts 1 and 2 of the offense in question is characterized by direct intent.

     Judges of specialized district and equivalent administrative courts consider cases under part 2 of Article 443 (Part 1 of Article 684 of the Administrative Code),

     They have the right to initiate proceedings on all parts of the commented article and independently impose an administrative penalty under part 1 of Article 443 of the Administrative Code.:

     1) chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, city of republican significance, capital, their deputies (paragraph 1, Part 2, Article 685 of the Administrative Code);

     2) employees of the internal affairs bodies (police) with special ranks (clause 4, Part 2, Article 685 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.);  

     Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

     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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