Commentary to article 192. Violation of the procedure for the sale of special technical equipment The Code of the Republic of Kazakhstan on Administrative Offences
Sale of special technical equipment intended for carrying out special operational search activities to persons who do not have the appropriate permission, except for government agencies authorized to carry out operational search activities., -
entails a fine in the amount of forty monthly calculation indices.
The commented article establishes administrative liability for violation of the procedure for the sale of special technical equipment.
The generic object of the offense provided for in Article 192 of the Administrative Code is the trade procedure established in the legislation of the Republic of Kazakhstan and protected by the State in the Republic of Kazakhstan.
The direct object of the administrative offense provided for in the commented article is the procedure established in the legislation of the Republic of Kazakhstan for the sale of special technical equipment intended for special operational search activities.
192 of the Administrative Code, by virtue of a direct indication of this in the disposition of the commented article, are persons who implement special technical means designed to carry out special operational search activities.
The subjective side of the acts provided for in Article 192 of the Administrative Code, for individuals (including individual entrepreneurs) and officials who committed it, is characterized by guilt in the form of intent. The guilt of a person is revealed by his mental attitude towards the illegal acts committed by him and their harmful consequences.
The objective side of the offense provided for in Article 192 of the Administrative Code is that the offender commits illegal acts in the form of the sale of special technical equipment intended for special operational search activities to persons who do not have the appropriate permission.
Special technical means are devices, equipment, devices, equipment with special functions, software and design features for obtaining and documenting information during operational search activities and covert investigative actions.
Special technical means are prohibited in free civil circulation, and activities related to their development, production, repair and sale are subject to licensing according to criteria established by the authorized body in the field of national security.
According to clause 12), clause 1, Article 28 of the Law of the Republic of Kazakhstan dated May 16, 2014 No. 202-V "On Permits and Notifications", types of activities or actions (operations) in the field of development, production, repair and sale of special technical means intended for operational search activities are subject to licensing.
Accordingly, only persons who have the appropriate licenses to carry out activities related to the development, production, repair and sale of special technical equipment intended for operational search activities are eligible to carry out such activities, including the acquisition of special technical means for their further implementation.
The sale of special technical equipment to other persons (except for persons who have the appropriate permission and government agencies authorized to carry out operational investigative activities) forms the final composition of the offense provided for in the commented article.
The composition of the offense provided for in the commented article is formal. In order to impose an administrative penalty on an offender under the commented article, it is not necessary to establish the fact and amount of damage caused to third parties by the commission of an offense.
For committing an offense provided for in the commented article, a person is punished with a fine.
The amount of the fine for committing an offense under Article 192 of the Administrative Code is fixed and amounts to 40 MCI.
A fine is imposed on offenders by the national security authorities, internal affairs bodies or the court, in the case of an administrative offense case in court.
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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