Commentary to article 137. Failure to fulfill the duties of raising a minor of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Failure to perform or improper performance of duties related to the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational, educational, medical or other institution responsible for supervising a minor, if this act is associated with ill-treatment of a minor., -
is punishable by a fine in the amount of fifty to one hundred monthly calculation indices or in the amount of wages or other income of the convicted person for a period of up to one month or community service for a period of one hundred to two hundred hours, or correctional labor for up to two years, or restriction of liberty for up to two years with deprivation of the right to occupy certain positions positions or engage in certain activities for a period of up to three years or without such.
Taking care of children and their upbringing is a constitutional right and responsibility of parents, who have a primary right to raise their children over all other persons.
The Law of the Republic of Kazakhstan "On Marriage and Family" dated December 17, 1998 (as amended dated 20.12.2004, 10.01.2006) obliges parents and other persons charged with these duties to take care of the health, physical, mental, spiritual and moral development of children. At the same time, it establishes that when exercising parental rights, parents and other persons charged with the duty of raising children should not harm the physical and mental health of children and their moral development. Ways of raising children should exclude neglectful, cruel, rude, degrading treatment, abuse or exploitation of children.
The public danger of the crime in question is that failure to perform or improper performance of duties related to the upbringing of minors, combined with abuse, can lead to deterioration of health, disruption of the normal mental development of the child and the formation of his personality.
The direct object of the crime under Article 137 of the Criminal Code should be understood as the social relations established by the State to protect the interests of a particular minor, in terms of healthy physical and mental education of the minor.
The objective side of the crime is expressed in both action and inaction and is realized in the non-fulfillment or improper fulfillment of the duties of raising a minor by parents (adoptive parents) or other persons entrusted with these duties, as well as by a teacher or other employee of an educational, educational, medical or other institution responsible for supervising minors, combined with mistreatment of him.
In 1959, the UN General Assembly adopted the Universal Declaration of the Rights of the Child, which in turn became the legal basis for the adoption by the UN General Assembly in 1989 of the main document protecting the rights of minors. – The Convention on the Rights of the Child. In 1984, the 11th UN Congress, held in Beijing, adopted the fundamental norms – the Minimum Standard Rules for the Administration of Juvenile Justice.
The Law of the Republic of Kazakhstan "On Marriage and Family", adopted on December 17, 1998, in Articles 60-66, in Chapter 10, provides for the rights and obligations of parents to raise children. In accordance with the aforementioned Law of the Republic of Kazakhstan, parents are responsible for the upbringing and development of their children. One of the legal means of ensuring this provision is Article 137 of the Criminal Code.
The Constitution of the Republic of Kazakhstan establishes that the care of children and their upbringing are the natural right and duty of parents (Part 2 of Article 27). The legal guarantor of the fulfillment of constitutional duties is Article 137 of the Criminal Code and the Law of the Republic of Kazakhstan "On the Rights of the Child in the Republic of Kazakhstan" dated August 8, 2002.
In accordance with Article 62 of the Law of the Republic of Kazakhstan "On Marriage and Family" dated December 17, 1998, parents are obliged to raise their children, take care of their health and bear primary responsibility for ensuring the living conditions necessary for the physical, mental, moral and spiritual development of the child.
Non-fulfillment or improper fulfillment of the duties of raising a minor consists in non-fulfillment or negligent fulfillment of the duties assigned to them by law, including subordinate departmental regulations, and in institutions or institutions and internal regulations. Failure to perform these duties will take place when these persons had a real opportunity to perform them, but showed complete inaction.
It should be noted that neglect, the process of raising children and adolescents in the family remains invariably important, since it is the irresponsibility of parents that generates aggressiveness, a sense of revenge and contempt in the souls of young citizens due to lack of affection, care and attention. The constant drinking of dysfunctional families consumes material wealth, practically depriving family members, including children, of the opportunity to dress well, feed themselves, not to mention the desire to have prestigious things. The combination of bad manners and the desire to look no worse than their peers pushes minors onto a criminal path: "to have what I want in any way..." - that is, contrary to the law.
A prerequisite for bringing the perpetrator to criminal responsibility under Article 137 of the Criminal Code is abuse of children and adolescents.
Ill-treatment of a minor is understood as causing him special torment and suffering, threats of violence, beatings, deprivation of freedom to move, deprivation of food, clothing, etc. At the same time, ill-treatment of minors by parents and other persons specified in the law should include three types of violence: physical, sexual and psychological. The sign of cruelty in the analyzed criminal law norm coincides with the same sign of cruelty when driving to suicide (Article 102 of the Criminal Code).
The subject of the crime is a special one. They can only be persons directly provided for in the disposition of this article (parents or adoptive parents or other persons charged with duties, as well as teachers or other employees of an educational, educational, medical or other institution who are required to supervise a minor), physically sane, who have reached the age of 16.
On the subjective side, the perpetrator's intent is aimed at abusing the child and constitutes the essence of the crime. The perpetrator is aware that he is being cruel to his ward, and he wants to behave like this - direct intent.
If consciousness encompassed the possibility of driving a minor to suicide by such treatment, then if there is an attempt to commit suicide, the culprit should also be charged with art. 102 of the Criminal Code "Driving to suicide".
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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