Comment to article 444. Participation, involvement or admission to gambling of the Code of the Republic of Kazakhstan on Administrative Offenses  

     1. Participation in gambling (for money, things and other valuables) in places not designated for this purpose, as well as the acceptance of bets on sports and other competitions by persons who do not have special permission to do so, -

     they impose a fine on individuals in the amount of two hundred monthly calculation indices with confiscation of playing accessories, money, belongings and other valuables.

     2. Involvement and admission of citizens of the Republic of Kazakhstan under the age of twenty-one in gambling and/or betting on money, things and other valuables -

     they impose a fine on individuals in the amount of two hundred monthly calculation indices.

     From ancient times to the present day, gambling has gone through a long path in its development, acting as a kind of specific way of enriching and spending leisure time. The problem of morbid attraction to games is a problem of the third millennium for many people in the world. Some states, assessing the scale of gambling, put it under a criminal law ban, while others considered the income from such hobbies to be multimillion-dollar.

     In the Republic of Kazakhstan, a special law regulating gambling appeared in 2007. Two casino and slot machine gaming zones have been identified: the Almaty region on the coast of the Kapshagai reservoir and the Shchuchinsky district of the Akmola region within the territories designated by local executive authorities. Administrative responsibility has existed since the adoption of the first administrative codified legislation. Article 182 of the Code of Administrative Offences of the Kazakh SSR provided for liability for participation in gambling (cards, roulette, thimble, and others) for money, possessions, and other valuables, as well as the acceptance of bets by private individuals at sports and other competitions.

     The object of the offense is social relations that develop in the sphere of public order and morality. The optional object here may be the health and material well-being of citizens.

     The objective side of part 1 of the article under consideration is expressed by illegal actions in the form of:

     1) participation in gambling (for money, things and other valuables) in places not designated for this purpose;

     2) acceptance of bets on sports and other competitions by persons who do not have special permission to do so.

     The Law of the Republic of Kazakhstan dated January 12, 2007 "On Gambling" defines the legal concepts used in this norm.:

     1) gambling is a risk-based agreement concluded by participants among themselves or with a representative of a gambling establishment on the outcome of an event involving a win in which they participate (clause 7);

     2) a bet is the amount of money transferred by a participant in a gambling game and (or) betting to the gambling business organizer and is the main condition for participation in a gambling game and (or) betting in accordance with the rules established by the gambling business organizer (paragraphs 17-2);

     3) betting is a risk—based agreement concluded by the participants among themselves or with the organizer of the gambling business on the outcome of an event involving a win in which they do not participate.

     Article 6 of the Law of the Republic of Kazakhstan dated January 12, 2007 No. 219 "On Gambling", provides for the following types of gambling business:

     1) Casino;  

     2) slot machine room;  

     3) bookmaker office;  

     4) the sweepstakes.

     It is prohibited on the territory of the Republic of Kazakhstan:

     1) carrying out, in addition to the above-mentioned activities in the field of gambling;

     2) e-casino and online casino activities;

     3) organization and conduct of gambling and (or) betting involving the acceptance of bets and (or) the issuance of winnings in the form of other property other than money, with the exception of casino activities, where it is allowed to issue winnings in the form of other property;

     4) installation and use of gambling equipment for business purposes, except in the Almaty region on the coast of the Kapshagai reservoir and in the Shchuchinsky district of the Akmola region within the territories determined by local executive bodies;

     5) betting, acceptance (accounting) betting, payout of winnings outside gambling establishments (ticket offices of sweepstakes or bookmakers);

     6) betting, acceptance (accounting) betting, payment of winnings by persons who are not organizers of the gambling business, who carry out the activities of a sweepstake or bookmaker's office.

     Gambling business activities are carried out on the basis of licenses issued to the applicant for each gambling establishment for a period of ten years. Licensing of gambling business activities is carried out in accordance with this Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications". These laws provide for 4 types of licenses:

     1) to engage in the activities of the arcade;

     2) to engage in casino activities;

     3) to engage in the activity of a sweepstake;

     4) to engage in the activities of a bookmaker's office.

     Moreover, all of the above types of licenses are inalienable, Class 3 and valid for 10 years.

     The subject of part 1 of the offense in question will be sane individuals who have reached the age of sixteen by the time the administrative offense ends or is suppressed.

     The objective side of part 2 of the commented offense is expressed by two illegal actions in the form of involvement and admission of citizens of the Republic of Kazakhstan under the age of 21 into gambling and (or) betting on money, things and other valuables.  

     To involve and allow actions that are different in meaning and, if qualified, must independently exist from each other. In this regard, it is justified that the preposition "or" should be added between the words "involvement" and "admission".

     Article 15 of the Law of the Republic of Kazakhstan dated January 12, 2007 No. 219 "On Gambling", provides for a ban on participation in gambling and (or) betting of citizens of the Republic of Kazakhstan under the age of twenty-one. The rules of operation of gambling establishments, betting and gambling and/or betting in Kazakh and Russian languages should be established in gambling establishments in a prominent place for participants of gambling and/or betting to familiarize themselves with them.

     The subject of part 2 of the offense under investigation will be an individual who carried out measures to allow and involve persons under the age of 21 to engage in gambling.  

     The subjective side of all parts of the offense being commented on can be expressed as either direct intent or a careless form of guilt.  

     They have the right to draw up a protocol on an administrative offense under Article 444 of the Administrative Code:

     1) according to Part 1 - authorized officials of the internal affairs bodies (paragraph 1, part 1, Article 804 of the Administrative Code);

     2) according to Part 1 - authorized officials of the military police of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan (paragraph 4, Part 1, Article 804 of the Administrative Code);

     3) according to part 1 - authorized officials of bodies in the field of gambling (paragraph 14, part 1, Article 804 of the Administrative Code);

     4) according to Part 2 - officials of the military police of the Armed Forces of the Republic of Kazakhstan in relation to military personnel and employees of the Armed Forces of the Republic of Kazakhstan (Part 3, paragraph 5, Article 804 of the Administrative Code).

     Judges of specialized district and equivalent administrative courts consider cases of administrative offenses provided for in Part 1 of Article 444 of the Administrative Code (Part 1 of Article 684 of the Administrative Code)

     It has the right to consider cases of administrative offenses and impose administrative penalties on behalf of the internal affairs bodies.:

     1) according to part 2 - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial bodies of internal affairs, divisions of administrative, migration police, local police service of the region, the city of republican significance, the capital, their deputies;

     2) according to part 2 - heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2, part 2, art. 685 of the Administrative Code);

     3) according to part 2 - heads of line departments, departments, police stations of internal affairs bodies and their deputies (paragraph 3, part 2, art. 685 of the Administrative Code)

     Since the sanction of the first part of the commented article provides for a sanction related to the confiscation of gambling accessories, money, belongings and other valuables, when preparing material on an administrative offense, these items must be seized in accordance with the procedure provided for in Article 795 of the Administrative Code.

     By assigning an additional penalty in the form of confiscation of property, the court in the operative part of the resolution indicates the amount of property to be confiscated and lists the items to be confiscated.

     The execution of a court order on the confiscation of an object that was an instrument or object of an administrative offense, as well as property obtained as a result of an administrative offense, is carried out in accordance with the procedure established by Article 899 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.);  

     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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