Comment to article 508. Disclosure by participants of the national preventive mechanism of information about a person's private life that became known to them during preventive visits The Code of the Republic of Kazakhstan on Administrative Offences
Disclosure by participants of the national preventive mechanism of information about a person's private life that became known to them during preventive visits, without the consent of this person, if this action does not contain signs of a criminal offense, -
entails a fine in the amount of twenty monthly calculation indices.
The public danger of an administrative offense is the violation of the requirements established by law for the activities of participants in the national preventive mechanism.
The definition of the national preventive mechanism, its essence and organization are disclosed in the commentary to Article 507 of the Administrative Code.
Participants of the national preventive mechanism are obliged to comply with the legislation of the Republic of Kazakhstan when exercising their powers.
It is prohibited for participants of the national preventive mechanism to interfere in the activities of institutions and bodies executing punishments subject to preventive visits.
If there are circumstances that cast doubt on the impartiality of a participant in the national preventive mechanism, which is part of the preventive visit group, he is obliged to refuse to participate in the preventive visit.
Participants in the national preventive mechanism are required to register received reports and complaints about the use of torture and other cruel, inhuman or degrading treatment or punishment in accordance with the procedure determined by the Commissioner for Human Rights.
Accepted messages and complaints are submitted to the Commissioner for Human Rights for consideration in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan. Information about received and transmitted messages and complaints is included in the report on the results of preventive visits.
When carrying out their activities, the participants of the national preventive mechanism are obliged to observe the principle of confidentiality, i.e. they do not have the right to disclose information about the private life of a convicted person that became known to them during preventive visits.
Violation of this requirement entails liability established by law.
The object of an administrative offense is a person's right to privacy.
According to article 17 of the International Covenant on Civil and Political Rights, no one may be subjected to arbitrary or unlawful interference in his personal and family life, arbitrary or unlawful attacks on the inviolability of his home or the secrecy of his correspondence, or unlawful attacks on his honor and reputation. Everyone has the right to the protection of the law from such interference or such encroachments.
The Constitution of the Republic of Kazakhstan, in Article 18, states that everyone has the right to privacy, personal and family secrets, and the protection of their honor and dignity. Everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications. Restrictions on this right are allowed only in cases and in accordance with the procedure directly established by law.
Private life, as noted in the legal literature, is an area of human activity that belongs to an individual, belongs to and is dear only to him. This is a sphere of personal and non-business relationships and concerns. Personal and family secrets are part of private life, the sphere of delicate and intimate aspects of a person's existence. Personal secrets, in particular, may include information about the state of health, and family secrets may include circumstances that relate to the family, including the adoption of children. Legislation cannot interfere in this area.; it is designed to protect it from any illegal interference.
The objective side of the offense is expressed in the disclosure by the participants of the national preventive mechanism of information about the private life of a person that became known to them during preventive visits.
Disclosure of information about private life should be understood as its dissemination to outsiders. It is enough to send them to at least one person in any way: orally, in writing, via messenger, etc.
An obligatory sign of the illegality of the disclosure of this information is the lack of consent of the person whose private life they concern.
Administrative liability for disclosure occurs if this action does not contain signs of a criminally punishable act.
The subject of the offense is a participant in the national preventive mechanism. The participants of the national preventive mechanism are the Commissioner for Human Rights, as well as members of public oversight commissions and public associations selected by the Coordinating Council, who carry out activities to protect the rights, freedoms and legitimate interests of citizens, lawyers, social workers, and doctors.
It should be noted that, according to paragraph 5 of the Rules for the selection of participants in the national preventive mechanism, participants in the national preventive mechanism may not be:
1) persons who are not citizens of the Republic of Kazakhstan;
2) persons who have a criminal record that has not been expunged or removed in accordance with the procedure established by law;
3) persons suspected or accused of committing a crime;
4) persons recognized by the court as legally incompetent or with limited legal capacity;
5) judges, lawyers, civil servants and military personnel, as well as employees of law enforcement and special government agencies;
6) persons registered with a psychiatrist and (or) a narcologist;
7) persons released from criminal liability on non-rehabilitating grounds for committing an intentional crime;
8) persons dismissed from state or military service, from law enforcement and special state bodies, courts, or excluded from the bar association for negative reasons;
9) persons deprived of a license to practice law.
The subjective side of the offense is characterized by an intentional form of guilt. The person was aware of the unlawful nature of his action, foresaw its harmful consequences and desired or consciously allowed these consequences to occur or treated them indifferently.
The decision to initiate cases of administrative offenses under Article 508 of the Administrative Code is made by the prosecutor (Part 1 of Article 805 of the Administrative Code).
Cases of these administrative offenses are considered by judges of specialized district and equivalent administrative courts (Part 1 of Article 684 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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