Comment to article 667. Disobedience to a lawful order or demand of an employee (serviceman) of a law enforcement or special state body, military police body, bailiff, bailiff  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Disobedience to a lawful order or demand of an employee (serviceman) of a law enforcement or special state body, military police body, bailiff, bailiff in connection with the performance of their official duties, as well as obstruction of their legitimate activities -

     They entail a warning or a fine in the amount of twenty monthly calculation indices or administrative arrest for up to five days.

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

     they entail administrative arrest for a period of ten days.

     3. The actions provided for in the second part of this Article, committed by persons to whom administrative arrest in accordance with the second part of Article 50 of this Code does not apply, -

     they entail a fine in the amount of forty monthly calculation indices.

     The general object of the administrative tort under consideration is the normal activity of the institution of state power.  

     A generic object is public relations that ensure the established procedure for the execution of lawful orders or requirements of an employee (serviceman) of a law enforcement or special government agency, military police agency, bailiff, bailiff.

     The objective side of part 1 of the administrative tort under consideration is presented in the form of inaction, expressed in the form of disobedience to a lawful order or requirement, i.e. ignoring them. At the same time, such an act is simultaneously recognized as a way of obstructing the lawful activities of an employee (serviceman) of a law enforcement or special state body, military police body, bailiff, bailiff.

     Emphasizing that the disposition of the article in question describes exactly one of the ways of obstruction, we note that there are alternative norms of the Administrative Code that may be mistakenly qualified under the article in question.:

     - failure to comply with a resolution and other lawful requirement of a bailiff, bailiff, art. 670 of the Administrative Code ;

     - obstruction of a bailiff in the execution of enforcement documents (Article 673 of the Administrative Code );

     - failure to comply with the requirements of the prosecutor, investigator, inquirer, presented on the grounds and in accordance with the procedure established by law (Part 2 of art. 665 of the Administrative Code)  

     There is also a competing norm in the Criminal Code of the Republic of Kazakhstan - Article 379 "Disobedience to a representative of authority", however, according to this article, liability arises in case of disobedience to a legitimate request or order of a representative of authority committed in an area where a state of emergency has been declared or in the area of an anti-terrorist operation.

     Thus, in all other cases not covered by the above-mentioned acts, for disobeying a lawful order or requirement of an employee (serviceman) of a law enforcement or special state body, military police body, bailiff, bailiff in connection with the performance of their official duties, liability arises under Article 667 of the Administrative Code.  

     The legal basis for administrative liability for disobeying a lawful order or requirement of a law enforcement officer, in addition to the norms of the administrative code, are:

     - the provisions of articles 23, 26, 37 and 45 of the Law "On the Prosecutor's Office".

     - the provision of part 3 of Article 19 of the Law "On Internal Affairs Bodies": "The actions of employees of internal affairs bodies who temporarily restrict the rights of individuals are accompanied by the words: "In the name of the law." In such a case, each person is obliged to stop active actions, unconditionally obey the requirements of an employee of the internal affairs bodies and follow his instructions related to the performance of official duties."

     Nevertheless, in addition to the Prosecutor's office and internal affairs bodies, law enforcement agencies include the anti-corruption service and the Economic Investigation Service, which carry out their activities in accordance with the legislative acts of the Republic of Kazakhstan., the procedure for fulfilling the requirements of which is regulated by the Order of the Minister of Civil Service Affairs of the Republic of Kazakhstan dated January 5, 2016 No. 1 "On Approval of the Regulations on the National Bureau for Combating Corruption of the Ministry of Civil Service Affairs of the Republic of Kazakhstan" and the provisions of Article 14 of the Law "On Law Enforcement Service": requirements of law enforcement officers provided for by legislative acts of the Republic of Kazakhstan (further, legal requirements) are mandatory for all citizens and officials.

     The legal basis for administrative liability for disobeying a lawful order or requirement:

     - an employee of a special state body is protected by the provisions of Article 15 of the Law of the Republic of Kazakhstan "On Special State Bodies".

     - the provisions of Articles 8 and 14 of the Law of the Republic of Kazakhstan "On Military Police bodies" act as a military police body.

     - the bailiff is the provision of clause 3 of Article 1 of the Law of the Republic of Kazakhstan "On Bailiffs", which states that the legal requirements of a bailiff are mandatory for all individuals and legal entities.

     - bailiff, the provisions of Part 5 of art. 10 and art. 128 of the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of bailiffs", which state: The decision of the bailiff is subject to mandatory execution; the legal requirements of the bailiff are mandatory for all state bodies, local governments, citizens and organizations and are subject to strict implementation throughout the territory of the Republic of Kazakhstan.

     In turn, disobedience manifests itself in the deliberate refusal to enforce the repeatedly repeated orders of all the above-mentioned persons, or in disobedience expressed in an audacious form, indicating a clear disrespect for them.

     The subjects of the administrative offense in question, according to Part 1, are recognized as sane individuals who have reached the age of eighteen by the time the administrative offense ends or is suppressed (in view of the existing provisions of Part 3 of Article 667 of the Administrative Code), as well as, in accordance with Article 32 of the Administrative Code, military personnel and military conscripts.  

     The subjective side of part 1 of the administrative tort under consideration is expressed by intent, since the person committing this offense is aware of the unlawful nature of his action, anticipates its harmful consequences and desires their occurrence, or consciously allows them, or may be indifferent to them.

     As an example, we will mention one of the cases that occurred in the East Kazakhstan region.: "In September 2018, the Zyryanovsky District Court considered an administrative case under Article 667, Part 1 of the Administrative Code (Disobedience to a lawful order or request of an employee (serviceman) of a law enforcement or special state body, military police, bailiff, bailiff in connection with the performance of their official duties, as well as obstruction of their legitimate activities).

     On 24.09.2018, citizen A., being in the lobby of the building of the Zyryanovsky psycho-neurological dispensary, refused to undergo an examination for alcohol intoxication, disobeyed the lawful demands of the employees of the Zyryanovsky district police department, thereby obstructing their legitimate activities.

     By a court decision, citizen A. was found guilty of committing an administrative offense under Article 667, Part 1 of the Administrative Code and was subjected to administrative punishment in the form of arrest for a period of 1 day."

     The objective side of part 2 of the administrative tort under consideration provides for the actions specified in the first part of Article 667 of the Administrative Code, committed repeatedly within a year after the imposition of an administrative penalty.  

     Thus, repeated commission of a homogeneous administrative offense during the year, for which a person has already been subjected to an administrative penalty, for which the period provided for in Article 61 of the Administrative Code has not expired, is recognized as circumstances aggravating responsibility for administrative offenses (Article 57 of the Administrative Code).

     The term "period during which a person is considered to have been subjected to an administrative penalty" means the period of time during which a person is considered to have been brought to administrative responsibility.

     The subject of the administrative offense in question, according to Part 2, is a sane individual who has reached the age of eighteen by the time the administrative offense ends or is suppressed.,(in view of the existing provisions of Part 3 of Article 667 of the Administrative Code ), as well as in accordance with Article 32 of the Administrative Code - military personnel and military conscripts who have committed the acts provided for in part 1 of Article 667 of the Administrative Code repeatedly within a year after the imposition of an administrative penalty.

     The subjective side of part 2 of the administrative tort under consideration is expressed by intent, since the person committing this offense is aware of the unlawful nature of his action, anticipates its harmful consequences and desires their occurrence, or consciously allows them, or may be indifferent to them.

The objective side of part 3 of the administrative tort under consideration provides for the actions specified in part 2 of Article 667 of the Administrative Code, committed by persons to whom administrative arrest in accordance with part two of Article 50 of the Administrative Code does not apply.

     Within the meaning of the commented Article 667 of the Administrative Code, the subjects involved in Part 3 of the offense in question are persons who are not subject to administrative arrest in accordance with part two of Article 50 of the Administrative Code. Such persons include:

     - pregnant women and women with children under the age of fourteen;

     - persons under the age of eighteen;

     - disabled people of groups 1 and 2;

     - women over the age of fifty-eight;

     - men over sixty-three years old;

     - men who raise children under the age of fourteen alone.

     The subjective side of part 3 of the administrative tort under consideration is expressed by intent, since the person committing this offense is aware of the unlawful nature of his action, anticipates its harmful consequences and desires their occurrence, or consciously allows them, or may be indifferent to them.

     Based on part 1 of Article 684 of the Administrative Code, cases of administrative offenses provided for in Article 667 of the Administrative Code are subject to consideration by judges of specialized district and equivalent administrative courts.

     According to part 1 of Article 804 of the Administrative Code, the protocol on this offense consists of:

     subparagraph 1) authorized officials of the internal affairs bodies;

     subparagraph 4) 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;

     subparagraph 5) authorized officials of the military police bodies of the National Security Committee of the Republic of Kazakhstan;

     subparagraph 6) authorized officials of the military police bodies of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and military personnel called up for training;

     subparagraph 30) authorized officials of the anti-corruption service;

     subparagraph 45) authorized officials of national security agencies;

     subparagraph 46) authorized officials of the State security Service of the Republic of Kazakhstan during security measures;

     sub-item 56) State bailiffs;

     subparagraph 57) bailiffs and other court staff authorized by the Chairman of the court or the presiding judge of the court session;

     subparagraph 68) authorized officials of the Economic Investigation Service.  

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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