Comment to article 486. Violation of the procedure for registration (re-registration) of civil, service, award, collectible weapons or their registration  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the procedure for registration (re-registration) of civil, service, award, collectible weapons or their registration, resulting in violation of deadlines:

     1) registration and receipt by an individual of a permit for the storage, storage and carrying of weapons after its acquisition;

     2) submission of weapons and documents by an individual to the internal affairs body for technical inspection in order to extend the validity period of a permit for the storage, storage and carrying of civilian weapons;

     3) notification by the owner of the weapon to the internal affairs body about the loss or theft of the weapon belonging to him;

     4) appeals of an individual to the internal affairs bodies for registration of weapons when changing their place of residence;

     5) registration with the internal affairs bodies by a legal entity of official, civilian, collectible weapons after their acquisition;

     6) re-registration or commission sale of civilian weapons in the event of the death of its owner;

     7) appeals of a legal entity to the internal affairs bodies for registration (re-registration) of weapons upon expiration of the permit for storage, storage and carrying of weapons, as well as transfer to its branches (representative offices) without approval from the internal affairs bodies, -

     entails a fine for individuals in the amount of fifteen, for small businesses or non-profit organizations - in the amount of twenty, for medium-sized businesses - in the amount of thirty, for large businesses - in the amount of forty monthly calculation indices.

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

     entails a fine for individuals in the amount of twenty, for small businesses or non-profit organizations - in the amount of thirty, for medium-sized businesses - in the amount of forty, for large businesses - in the amount of seventy monthly calculation indices.

     Part 1. The public danger of the administrative offense being commented on is that its commission creates a threat of uncontrolled arms trafficking in the territory of the Republic of Kazakhstan.  

     The object of the offense is the procedure established by law for the registration of civil, service, award, collectible weapons and ammunition.

     The definitions of the types of weapons listed above are discussed in the commentary to Article 484 of the Administrative Code.

     The procedure for registration of weapons in the Republic of Kazakhstan is regulated mainly by the norms of the Law "On State Control over the Turnover of certain types of weapons", the Rules for the turnover of weapons and Ammunition in the Republic of Kazakhstan, approved by Resolution of the Government of the Republic of Kazakhstan dated August 3, 2000 No. 1176 "On measures to implement the Law of the Republic of Kazakhstan "On State Control over the Turnover of certain Types of weapons weapons"".

     The objective side of the offense is expressed in violation of deadlines:

     1) registration and receipt by an individual of a permit for the storage, storage and carrying of weapons after its acquisition. According to Article 15 of the Law, long-barrelled firearms, hunting airguns, throwing weapons (bows and crossbows), electric weapons, as well as gas pistols and revolvers purchased by a citizen of the Republic of Kazakhstan are subject to registration with the internal affairs bodies at the place of residence within one week from the date of purchase.

     When registering smoothbore, long-barreled self-defense firearms, a citizen of the Republic of Kazakhstan is issued a five-year storage permit by the internal affairs body at his place of residence, and when registering hunting and sporting weapons, gas pistols and revolvers, throwing weapons (bows and crossbows), and electric weapons, a permit for their storage and carrying.;  

     2) submission of weapons and documents by an individual to the internal affairs body for technical inspection in order to extend the validity period of a permit for the storage, storage and carrying of civilian weapons. The permit is issued and extended for a period of five years (Article 15 of the Law). The presentation of weapons and documents must be made within the specified period.;

     3) notification by the owner of the weapon to the internal affairs body about the loss or theft of weapons belonging to him. In case of loss or theft of weapons, the owner is obliged to report this to the internal affairs body within one day (paragraph 101 of the Rules);

     4) appeals of an individual to the internal affairs bodies for registration of weapons when changing their place of residence. When changing their place of residence, the owner of the weapon removes the weapon from the register of the internal affairs body and within ten days puts it on the appropriate register at the new permanent place of residence, and when changing their place of residence within the same district or a city that does not have a district division, notifies the territorial internal affairs body within five days (paragraph 99 of the Rules);

     5) registration with the internal affairs bodies by a legal entity of official, civilian, collectible weapons after their acquisition. A weapon acquired by a legal entity is subject to registration with the relevant internal affairs body within one week from the date of its acquisition (Article 14 of the Law). When registering weapons, the internal affairs body issues a permit for the storage of these weapons for a period of five years on the basis of documents confirming the legality of the acquisition of weapons.;

     6) re-registration or commission sale of civilian weapons in the event of the death of its owner. In the event of the death of the owner of a civilian weapon, family members are required to re-register or hand over this weapon for commission within one month, or it must be alienated by them to a person who has permission from the internal affairs bodies to purchase civilian weapons (paragraph 97 of the Rules);

     7) appeals of a legal entity to the internal affairs bodies for registration (re-registration) of weapons upon expiration of the permit for storage, storage and carrying of weapons, as well as transfer to its branches (representative offices) without approval from the internal affairs bodies. The validity period of a permit for the right to keep or store and carry weapons is extended each time for five years.

     According to paragraph 20 of the Rules, the transfer by legal entities with special statutory tasks and security entities of their civilian and service weapons to their branches (representative offices), regardless of their territorial affiliation, should be carried out in coordination with the internal affairs bodies.

     The subject of the offense is individuals and legal entities.

     The subjective side of the offense is characterized by both intentional and careless forms of guilt.  

     The second part of the commented article defines the commission of a similar offense repeatedly as a qualifying feature within a year after the imposition of an administrative penalty under the first part of Article 486 of the Administrative Code.

     Cases of administrative offenses under Article 486 of the Administrative Code are considered by the internal affairs bodies (Part 1 of Article 685 of the Administrative Code).

     Authorized officials of these bodies have the right to draw up reports on violations.

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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