Comment to article 904. The procedure for the execution of the decision on the deprivation of the right to carry and store weapons The Code of the Republic of Kazakhstan on Administrative Offences
The execution of the decision on the deprivation of the right to carry and store weapons is carried out by seizing the relevant certificate and weapons by the internal affairs bodies in accordance with the procedure provided for by law.
The commented article states that the court's decision to deprive the right to carry and store weapons is executed by seizing the relevant certificate and weapons by officials of the internal affairs bodies specified in Part 6 of Article 900 of the Administrative Code.
The procedure for the seizure of ammunition in the Republic of Kazakhstan is based on the Law of the Republic of Kazakhstan dated December 30, 1998 "On State control over the turnover of certain types of weapons" and 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."
According to Article 20 of the Law of the Republic of Kazakhstan "On State Control over the turnover of certain types of weapons", the seizure of weapons and ammunition is carried out by law enforcement agencies in cases of suspension or revocation of these licenses and permits in accordance with the established procedure.
Based on Article 46 of the Administrative Code, deprivation of the right to carry and store weapons is applied by a judge for a period of one month to two years and does not apply to persons for whom hunting is the main legitimate source of livelihood, except for systematic violations of the procedure for using this right. In fact, it is possible to deprive the right to carry and store weapons out of court.
The sanctions of the articles of the Special Part of the Administrative Code do not directly provide for administrative penalties in the form of deprivation of the right to carry and store weapons. In accordance with paragraph 4 of Article 19 of the Law of the Republic of Kazakhstan "On State Control over the Turnover of certain types of weapons", the termination of permits for the storage and carrying of weapons without prior suspension is carried out by law enforcement agencies in the following cases::
1) voluntary refusal of permission or death of the owner of the weapon;
2) the presence of a criminal record for committing a crime that has not been cancelled or removed in accordance with the procedure established by law;
3) exemption from criminal liability on non-rehabilitating grounds until the expiration of the lower limit of punishment in the form of imprisonment provided for in the relevant part of the article of the Special Part of the Criminal Code;
4) the commission of an administrative offence repeatedly within a year, provided for in articles 127, 128, 131, 382, 434, 437, 438, 440, 443, 444, 448, 450, 462, 476, 477, 478, 481, 482, 484, 485, 485-1, 486, 487, 489, 490, 492, 493, 506 Administrative Code;
5) committing a criminal offense provided for in Articles 109, 287 (part one), 288 (part four), 289, 296 (part one), 337 (parts one and two), 346 (part one), 379 (part one), 389 (parts one and two) of the Criminal Code and administrative offences provided for in Articles 73, 436, 453 and 461 of the Administrative Code;
6) the occurrence of circumstances stipulated by the legislation of the Republic of Kazakhstan, excluding the possibility of obtaining permits;
7) constructive modification by the owner of a civilian or service weapon, which entailed a change in the ballistic and other technical characteristics of the specified weapon;
8) non-compliance of civilian and service weapons with technical regulations in the sphere of turnover of civilian and service weapons and ammunition, as well as criminalistic requirements;
9) failure to pass an exam to test knowledge of the rules of safe handling of weapons within two months from the date of receipt of the resolution on sending the owner and (or) user of civilian and service weapons to test knowledge of the rules of safe handling of weapons;
10) if the person is registered by the internal affairs and (or) national security agencies in the field of combating extremism, terrorism or organized crime.
The decision of the internal affairs body to terminate the permit for the storage or storage and carrying of weapons may be appealed to the court. In case of termination of the permit, a second request for its receipt is possible after three years from the date of termination. In case of voluntary refusal of a permit, the time limits for re-applying for it are not set.
It should be noted that the content of Article 20 of the Law of the Republic of Kazakhstan "On State control over the turnover of certain types of weapons" is outdated and does not take into account the latest amendments and additions to the legislative acts of the Republic of Kazakhstan concerning the analyzed sphere of public relations. For example, the Law of the Republic of Kazakhstan dated July 3, 2017 No. 84 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on improving the law enforcement system" of the Administrative Code was supplemented with new articles 73-1 and 73-2, transferred from the Criminal Code.
In accordance with Article 54 of the Administrative Code, when establishing special requirements for the behavior of an offender, a judge may prohibit the acquisition, storage, carrying and use of firearms and other types of weapons. In this regard, paragraph 5 of Article 20 of the Law of the Republic of Kazakhstan "On State Control over the turnover of certain types of weapons" should be supplemented by Articles 73-1 and 73-2 of the Administrative Code.
Control over the execution of a court decision on the deprivation of the right to carry and store weapons is carried out by officials of the departments of the internal affairs bodies for control of the turnover of civilian and service weapons (hereinafter referred to as the COGSO), which are part of the administrative police. The activities of these units are regulated by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated March 29, 2016 No. 313.
According to subclause 9) of clause 6 of this order, police officers are required to seize weapons, ammunition, basic and component parts, in cases stipulated by the Law of the Republic of Kazakhstan dated December 30, 1998 "On State Control over the turnover of certain types of weapons".
After the seizure, the weapons are immediately handed over to a COGSO employee for placement in a room intended for storing weapons, ammunition, and explosives in a specially designed metal cabinet sealed with the personal seal of a COGSO employee. The documents issued for weapons are handed over to the operational duty officer of the Department of Internal Affairs for registration during the day and then transferred to the management of the Department of Internal Affairs by the employees of the Department of Internal Affairs who seized the weapons.
When accepting weapons, a KOGSO employee checks whether the records in the documents submitted to him on the quantity, system, number, year of manufacture, and external condition of weapons and ammunition correspond to their actual availability. In case of discrepancy between the data of the document and the presence of weapons by numbers, as well as other signs of it, an act of inspection, inspection and acceptance of weapons, ammunition, and explosives is drawn up by an officer of the CSO with the participation of the person handing over weapons, ammunition, and explosives. For each weapon and for the total amount of ammunition and explosives, a receipt for accepted weapons and ammunition in triplicate is issued by a KOGSO employee.
If an offender refuses to voluntarily surrender a weapon in case of revocation of a storage permit, he must be brought to administrative responsibility under Article 487 of the Administrative Code for evading the surrender of civilian weapons and ammunition to individuals who have had their storage permit revoked.
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
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
