Commentary to article 15. Respect for the honor and dignity of the individual of the Code of the Republic of Kazakhstan on Administrative Offenses
1. In proceedings on administrative offences, decisions and actions that degrade the honor or detract from the dignity of the person involved in the case are prohibited, and the collection, use and dissemination of information about private life, as well as personal and business information that the person considers necessary to keep secret, for purposes not provided for by this Code, is prohibited.
2. Moral damage caused to a person in the course of proceedings on administrative offenses by illegal actions of the court, other state bodies and officials, is subject to compensation in accordance with the procedure established by law.
On the basis of articles 17 and 18 of the Constitution, human dignity is inviolable. 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.
Part 1 prohibits making decisions and actions during the proceedings on administrative offenses that humiliate the honor and detract from the dignity of participants in the administrative process, as well as observing the principle of confidentiality.
In legal dictionaries, dignity is interpreted as a moral category, meaning respect and self-respect for the human person. Dignity is an inherent property of a person, belonging to him regardless of how he and others perceive and evaluate his personality. In civil law, dignity is one of those personal non-property rights (Article 143 of the Civil Code) that belong to a person from birth. It is inalienable and indescribable. The protection of the honor and dignity of citizens is considered in civil proceedings.
If information discrediting the honor, dignity or business reputation of a citizen or a legal entity is disseminated in the media, it must be refuted free of charge in the same media. The demand of a citizen or a legal entity to publish a refutation or response in a mass media outlet is considered by the court if the media outlet has refused such publication or has not published it within a month, as well as in the event of its liquidation.
Honor is a public assessment of a person, a measure of his spiritual and social qualities.
In various sources, honor is associated not so much with the inner qualities of a person, as with his ability to behave in society, to comply with established norms and rules of behavior. This was required to maintain his reputation and respect for his person. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated has the right, along with refuting such information, to demand compensation for losses and moral damage caused by its dissemination.
Part 2 of the commented article provides for compensation for moral damage caused to a person during proceedings on administrative offenses by illegal actions of the court, other state bodies and officials.
Moral harm is the violation, diminution or deprivation of personal non-property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, etc.) experienced (endured, experienced) by the victim as a result of the crime committed against him in the event of his death as a result of such an offense, by his close relatives, his spouse.
Compensation for moral damage is provided for in art. 951 of the Civil Code. Moral damage is compensated by the causer in the presence of the causer's fault. Moral damage is compensated, regardless of the fault of the causer, in cases where:
1) harm is caused to the life and health of a citizen by a source of increased danger;
2) harm has been caused to a citizen as a result of the unlawful imposition of an administrative penalty in the form of arrest, illegal placement in a psychiatric medical institution or other medical institution;
3) the harm is caused by the dissemination of information discrediting honor, dignity and business reputation;
4) in other cases stipulated by legislative acts.
The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 clarified the mechanism of application by courts of the legislation on compensation for moral damage. Moral harm should be understood as the moral or physical suffering experienced by a citizen as a result of an unlawful violation, diminution or deprivation of personal non-property benefits and rights belonging to him.
Moral suffering (emotional and volitional experiences of a person) should be understood as feelings of humiliation, irritation, depression, anger, shame, despair, inferiority, discomfort, etc. These feelings may be caused, for example, by unlawful encroachment on the life and health of both the victim and his close relatives, spouse; unlawful deprivation or restriction of freedom or the right to free movement; causing harm to health, including disfiguring open parts of the human body with scars and scars.; disclosure of family, personal or medical secrets; violation of the secrecy of correspondence, telephone or telegraphic messages; dissemination of untrue information discrediting the honor and dignity of a citizen; violation of the right to a name, to an image; violation of his copyright and related rights, etc.
Physical suffering should be understood as the physical pain experienced by a citizen in connection with the commission of violence or harm to health.
Compensation for moral damage is made upon establishing the guilt of the harm-doer. In cases stipulated by the Civil Code, personal non-property benefits and rights are subject to protection by the court, regardless of the guilt of the person who violated these rights. In the statement of claim, the plaintiff is obliged to indicate the circumstances and provide evidence confirming the violation of his personal non-property benefits and rights, and the need to protect them, as well as the amount of compensation that, in his opinion, will provide compensation for the moral damage caused to him.
Rehabilitation and compensation for damage caused by illegal actions of the body (official) authorized to consider cases of administrative offenses is regulated by Chapter 48 of the Administrative Code. In accordance with Article 866 of the Administrative Code, the body (official) that made the decision to rehabilitate a person is obliged to bring him an official apology in writing for the harm caused. If a person has been unlawfully brought to administrative responsibility, and information about this has been published in the press, distributed on radio, television or other mass media, then at the request of this person, and in the event of his death - at the request of his relatives or the prosecutor - the relevant mass media are obliged to make this known within one month. the required message.
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;
Шаймерденов Болат Ерденұлы, з.ғ. м., – 10-тарау (О. Т. Сейтжановпен, В. В. Филинмен бірлесіп жазған); 12-тарау; 476-487, 507-509-баптар; 36-тарау (О. Т. Сейтжановпен бірлесіп жазған); 37, 50, 51-тараулар.
Шипп Денис Алексеевич-44-1, 46 тараулар (А. С. Тукиевпен бірлесіп жазған).
Актінің өзгертілген күні: 01.01.2020 актінің қабылданған күні: 01.01.2020 қабылданған орны: 1000500000000 актіні қабылдаған Орган: 103001000000 қолданылу аймағы: 10000000000000000000000000000000000000000000000000000000000000000000000000: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 акт нысаны: COMM / code заңды күші: 1900 акт тілі: 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
