Commentary to article 452. Violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting The Code of the Republic of Kazakhstan on Administrative Offences

Home / Codes / Commentary to article 452. Violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting The Code of the Republic of Kazakhstan on Administrative Offences

1. Violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio companies, committed in the form of:

1) distribution by domestic television and radio channels of less than the established percentage of domestic television and radio programs;

2) distribution of news-related TV programs on the TV channel without providing sign language translation or subtitles;

3) distribution on the TV channel of additional information exceeding fifteen percent of the frame area;

4) failure to ensure the quality of television, radio channels of television and radio programs in accordance with the rules for connecting television and radio broadcasting equipment to the networks of television and radio broadcasting operators, the technical operation of television and radio broadcasting systems and the requirements of national broadcasting standards, -

entails a fine for officials in the amount of fifty, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of three hundred monthly calculation indices.

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

A fine is imposed on officials in the amount of one hundred, on small businesses or non-profit organizations in the amount of one hundred and fifty, on medium-sized businesses in the amount of two hundred, on large businesses in the amount of four hundred monthly calculation indices.

3. The distribution of broadcasts on television and radio broadcasting channels in the Kazakh language is less than the total volume of broadcasts in other languages in time intervals of six hours each, calculated from zero hours of local time, -

entails a warning or fine for officials in the amount of ten, for small businesses - in the amount of twenty, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of three hundred monthly calculation indices.

4. The action provided for in the third part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine for officials in the amount of fifty, for small businesses - in the amount of one hundred fifty, for medium-sized businesses - in the amount of two hundred fifty, for large businesses - in the amount of one thousand monthly calculation indices, with the deprivation of a license to organize television and (or) radio broadcasting and the suspension of the release (exit broadcast) mass media for up to three months.

5. Weekly broadcasting by domestic television and radio channels of retransmission of television and radio programs of foreign television and radio channels, exceeding twenty percent of the total volume of television and radio programs, -

entails a fine for officials in the amount of fifty, for legal entities - in the amount of one hundred monthly calculation indices.

6. The action provided for in part five of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine for officials in the amount of one hundred, for legal entities - in the amount of two hundred monthly calculation indices.

7. Violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio broadcasting operators, committed in the form of:

1) non-proliferation of mandatory television and radio channels by television and radio broadcasting operators;

2) violations by TV and radio broadcasting operators of the conditions for the retransmission of a television or radio channel, -

8. The acts provided for in part seven of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

9. Violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio broadcasting companies and operators, committed in the form of:

1) organization of a collective reception system that does not provide for a commercial purpose without the written consent of the owners of the building and (or) buildings;

3) untimely distribution by television and radio broadcasting operators and television and radio companies of a warning signal to the public about a threat to human life and health and the procedure for dealing with natural and man-made emergencies in the current situation, as well as in the interests of defense, national security and law enforcement;

4) the use of technical means of broadcasting that have not passed the conformity assessment procedure;

5) interference with radio transmitting and (or) radio receiving means of communication by means of individual terrestrial satellite receiving devices;

6) distribution by television and radio broadcasting operators of television and radio channels that are not registered, re-registration with the authorized body, -

entails a fine for officials in the amount of fifty, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred fifty, for large businesses - in the amount of three hundred monthly calculation indices.

10. The acts provided for in part nine of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

Part 1 of the commented article provides for administrative liability of officials, non-profit organizations and business entities in the form of an administrative fine for violation by television and radio companies of the legislation of the Republic of Kazakhstan on television and radio broadcasting.

The direct object of the administrative offense provided for in part 1 of the commented article is the procedure established by law and protected by the state for complying with the requirements of the legislation of the Republic of Kazakhstan on television and radio broadcasting.

Public relations in the field of television and radio broadcasting, the rights and obligations of subjects of television and radio broadcasting are regulated by the Law of the Republic of Kazakhstan "On Television and Radio Broadcasting" dated January 18, 2012 (hereinafter - the Law).

The objective side of the administrative offense provided for in Part 1 of Article 452 of the Administrative Code is characterized by the following actions, inaction, namely:

- distribution by domestic television and radio channels of less than the established percentage of domestic television and radio programs;

Thus, according to article 28 of the law, in the weekly volume of television and radio broadcasting of domestic TV channels, the number of domestic TV programs, with the exception of advertising, must be at least fifty percent. In the weekly volume of radio broadcasting on domestic radio channels, the number of musical works by Kazakhstani authors or performers and domestic radio programs, with the exception of advertising, should be: from January 1, 2018 – at least forty–five percent; from January 1, 2020 - at least fifty percent.

- distribution of news-related TV programs on the TV channel without providing sign language translation or translation in the form of subtitles;

In order to protect the rights of persons with disabilities during the distribution of television programs, according to article 30 of the law, at least one news television program during the period from sixteen to twenty-two hours of local time is provided with sign language translation or translation in the form of subtitles. Mandatory messages posted on TV channels are provided with sign language translation or subtitles.

According to subparagraph 10) of Article 1 of the law, subtitles are understood as a way of distributing information contained in a television program by means of text duplication of the audio accompaniment of the original television program.

- distribution of additional information on the TV channel, exceeding fifteen percent of the frame area;

According to paragraph 1 of Article 32 of the law, additional information is alphanumeric, numeric, graphic information broadcast simultaneously with the main television program using the same frequency and (or) airtime, the content of which is not related to the content of the main television program transmitted as part of the broadcasting signal.

At the same time, paragraph 2 of the same article of the law establishes the amount of additional information, which should not exceed twenty-five percent of the frame area and violate text or information material in television programs. Due to the conflict that has arisen between the norm of the Administrative Code and the norm of the law, it is necessary to bring it into line.

- failure to ensure the quality of television and radio channels for television and radio programs in accordance with the rules for connecting television and radio broadcasting equipment to the networks of television and radio broadcasting operators, the technical operation of television and radio broadcasting systems and the requirements of national broadcasting standards.

According to subparagraph 3) of paragraph 2 of Article 23 of the law, the duties of a television and radio company include ensuring the quality of television and radio broadcasting by television and radio channels in accordance with the rules for connecting television and radio broadcasting equipment to the networks of television and radio broadcasting operators, the technical operation of television and radio broadcasting systems and the requirements of national broadcasting standards, as well as the technical parameters of broadcasting quality.

The subject of an administrative offense provided for in part 1 of the commented article are officials, non-profit organizations and business entities (a special entity). The sanction provides for administrative liability in the form of an administrative fine.

In this case, TV and radio companies act as a special entity. According to paragraph 17) of article 1 of the law, a television or radio company is a natural or legal person who owns a television or radio channel and has received a certificate of registration of a television or radio channel.

The subjective side of the acts provided for in Part 1 of Article 452 of the Administrative Code is characterized by guilt in the form of intent or negligence.

The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered by the controlling body and it is not necessary to establish the fact of causing material harm.

Part 2 of the commented article establishes a more severe punishment for repeated commission of an act provided for in part 1 of Article 452 of the Administrative Code within a year after the imposition of an administrative penalty.

Part 3 of the commented article provides for administrative liability for violating the rules for the distribution of broadcasts on television and radio broadcasting channels in the Kazakh language.

The direct object of the administrative offense provided for in part 3 of the commented article is the procedure established by law and protected by the state for complying with the requirements for the distribution of broadcasts on television and radio broadcasting channels in the Kazakh language. The requirements for the distribution of broadcasts in the Kazakh language are contained in article 10 of the law. Thus, according to paragraph 2 of Article 10, the weekly volume of television and radio programs in Kazakh should not be less than the total volume of television and radio programs in other languages. The volume of television and radio programs in the Kazakh language in time intervals of six hours each, calculated from zero hours of local time, should not be less than the total volume of television and radio programs in other languages.

The objective side of the administrative offense provided for in Part 3 of Article 452 of the Administrative Code is characterized by an action, namely, the distribution of broadcasts on television and radio broadcasting channels in the Kazakh language less than the total volume of broadcasts in other languages in time intervals of six hours each, calculated from zero hours local time.

According to subparagraph 14) of article 1 of the law, the distribution of television and radio channels is understood as the provision of television and radio programs to consumers using telecommunications technology.

The subject of an administrative offense provided for in part 3 of the commented article are officials and business entities (a special entity). The sanction provides for administrative liability in the form of a warning or an administrative fine to officials and an administrative fine to business entities.

The subjective side of the acts provided for in Part 3 of Article 452 of the Administrative Code is characterized by guilt in the form of intent or negligence.

The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered and it is not necessary to establish the fact of causing material harm.

Part 4 of the commented article establishes a more severe punishment for repeated commission of an act provided for in part 3 of Article 452 of the Administrative Code within a year after the imposition of an administrative penalty.

Part 5 of the commented article establishes administrative liability for violation of the volume of broadcasting of TV and radio programs of foreign TV and radio channels.

The direct object of the administrative offense provided for in part 5 of the commented article is the procedure established by law and protected by the state for complying with the requirements for the volume of broadcasting of television and radio programs of foreign television and radio channels. The requirements for the broadcasting of foreign TV and radio channels are contained in article 34 of the law. According to paragraph 5 of article 34, in the weekly volume of broadcasting of domestic television and radio channels, the retransmission of television and radio programs of foreign television and radio channels should not exceed twenty percent of the total volume of television and radio programs.

The objective side of the administrative offense provided for in part 5 of Article 452 of the Administrative Code is characterized by an action, namely, broadcasting in a weekly volume by domestic television and radio channels of retransmission of television and radio programs of foreign television and radio channels exceeding twenty percent of the total volume of television and radio programs.

According to subparagraph 18) of article 1 of the law, television and radio broadcasting is understood as the formation and (or) distribution of television and radio channels using telecommunications equipment and in telecommunications networks for public reception by the consumer in open or encoded form.

According to subparagraph 9) of article 1 of the law, retransmission means the reception and simultaneous or recorded distribution of television, radio programs, television, radio channels using telecommunications equipment and in telecommunications networks.

The subject of an administrative offense provided for in part 5 of the commented article are officials and legal entities (a special entity). The sanction provides for administrative liability in the form of an administrative fine.

The subjective side of the acts provided for in Part 5 of Article 452 of the Administrative Code is characterized by guilt in the form of intent or negligence.

The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered and it is not necessary to establish the fact of causing material harm.

Part 6 of the commented article establishes a more severe punishment for repeated commission of an act provided for in part 5 of Article 452 of the Administrative Code within a year after the imposition of an administrative penalty.

Part 7 of the commented article provides for administrative liability for violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio broadcasting operators.

The direct object of the administrative offense provided for in Part 7 of the commented article is the procedure established by law and protected by the state for compliance with the requirements of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio broadcasting operators.

The objective side of the administrative offense provided for in Part 7 of Article 452 of the Administrative Code is characterized by inaction, namely:

- non-proliferation of mandatory television and radio channels by television and radio broadcasting operators;

According to subparagraph 6) of Article 1 of the law, mandatory television and radio channels are television and radio channels included in the relevant list approved by the authorized body, mandatory for distribution through multichannel broadcasting throughout the territory of the Republic of Kazakhstan.

According to subparagraph 6) of paragraph 2 of Article 25, the national television and radio broadcasting operator must be obliged to broadcast mandatory television and radio channels and free-access television and radio channels.

The national television and radio broadcasting operator is a legal entity designated by the Government of the Republic of Kazakhstan, which is entrusted by the owner, represented by the State, with the tasks of maintaining and developing the national television and radio broadcasting network.

Whereas the broadcasting operator is an individual or legal entity that has received a license to distribute television and radio channels.

Thus, the obligation to broadcast mandatory television, radio channels and television and radio channels is legally assigned to the national television and radio broadcasting operator, while responsibility under the Administrative Code is assigned to the television and radio broadcasting operator. These two entities have different status. Due to the conflict that has arisen, we believe it is necessary to bring into line the legislation on television and radio broadcasting and the Code of Administrative Offenses.

- violations by TV and radio broadcasting operators of the conditions for the retransmission of television and radio channels.

As noted above, retransmission is the reception and simultaneous or recorded distribution of television, radio programs, television, and radio channels using telecommunications equipment and in telecommunications networks.

According to article 34 of the law, the retransmission of a television, radio channel, television, or radio program is allowed solely on the basis of an agreement concluded between a television and radio broadcasting operator and a television, radio company or a branch (representative office) of a foreign legal entity.,

Legal relations related to the retransmission of television, radio channels, television, and radio programs are carried out in accordance with the legislation of the Republic of Kazakhstan on copyright and related rights.

According to paragraph 1 of article 34, the retransmission of a television, radio channel, television, or radio program is carried out without making changes to the content, unless otherwise provided by an agreement between the television and radio broadcasting operators and the television and radio company that holds the rights, as well as with the exception of the cases provided for in this article.

Consequently, the terms of the retransmission of the TV and radio channel can be changed by the contract.

The subject of an administrative offense provided for in part 7 of the commented article are officials, non-profit organizations and business entities (a special entity). The sanction provides for administrative liability in the form of an administrative fine.

The subjective side of the acts provided for in Part 7 of Article 452 of the Administrative Code is characterized by guilt in the form of intent or negligence.

The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered and it is not necessary to establish the fact of causing material harm.

Part 8 of the commented article establishes a more severe punishment for repeated commission of an act provided for in Part 7 of Article 452 of the Administrative Code within a year after the imposition of an administrative penalty.

Part 9 of the commented article provides for administrative liability for violation of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio broadcasting companies and operators.

The direct object of the administrative offense provided for in part 9 of the commented article is the procedure established by law and protected by the state for compliance with the requirements of the legislation of the Republic of Kazakhstan on television and radio broadcasting by television and radio broadcasting companies and operators.

The objective side of the administrative offense provided for in Part 9 of Article 452 of the Administrative Code is characterized by the following actions (inaction), namely:

- organization of a collective reception system that does not provide for a commercial purpose without the written consent of the owners of the building and (or) buildings;

According to paragraph 1 of Article 40 of the law, the system of collective reception of television and radio channels is a set of technical means that provides the possibility of receiving television and radio channels within one building and (or) several buildings.

According to paragraph 3 of article 40 of the law, a collective reception system within one building that does not pursue commercial purposes can only be established with the written consent of the building owners.

- untimely distribution by television and radio broadcasting operators and television and radio companies of a warning signal to the public about a threat to human life and health and the procedure for dealing with natural and man-made emergencies, as well as in the interests of defense, national security and law enforcement;

According to paragraph 5 of article 27 of the law, notification of the population about the threat to life, human health and the procedure for dealing with natural and man-made emergencies, as well as in the interests of defense, national security and law enforcement, is mandatory for television, radio companies and broadcasting operators, regardless of their forms of ownership.

The procedure for using television and radio broadcasting networks for these purposes is established by the authorized body in the field of civil protection, in accordance with paragraph 4 of Article 27 of the law.

- the use of technical means of broadcasting that have not passed the conformity assessment procedure;

According to subparagraph 1 of Article 31 of the law, technical means of formation, broadcasting, retransmission and (or) reception of television and radio channels are subject to conformity assessment in accordance with the Law of the Republic of Kazakhstan "On Technical Regulation".

- interference with radio transmitting and (or) radio receiving means of communication by means of individual terrestrial satellite receiving devices;

According to subparagraph 2 of Article 31 of the law, it is prohibited to use radio-electronic means of receiving and transmitting a broadcasting signal that interfere with other radio transmitting and (or) radio receiving means of communication and do not comply with the declared technical parameters.

- distribution by television and radio broadcasting operators of television and radio channels that are not registered, re-registration with the authorized body

According to article 17, a television and radio channel operating in the territory of the Republic of Kazakhstan is subject to mandatory registration with an authorized body. A television or radio channel is subject to re-accounting in cases of a change of ownership or a change in the organizational and legal form, name, as well as the name of the television or radio channel.

The subject of an administrative offense provided for in part 9 of the commented article are officials, non-profit organizations and business entities (a special entity). The sanction provides for administrative liability in the form of an administrative fine.

The subjective side of the acts provided for in Part 9 of Article 452 of the Administrative Code is characterized by guilt in the form of intent or negligence.

The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered and it is not necessary to establish the fact of causing material harm.

Part 10 of the commented article establishes a more severe punishment for repeated commission of an act provided for in part 9 of Article 452 of the Administrative Code within a year after the imposition of an administrative penalty.

According to part 1 of Article 684 of the Administrative Code, cases of administrative offenses provided for in Part 3.4 of Article 452 of the Administrative Code are considered by judges of specialized district and equivalent administrative courts.

According to part 1 of Article 692-1 of the Administrative Code, the authorized body in the field of information examines cases of an administrative offense provided for in parts one, two, five, six, seven, eight, nine and ten of Article 452 of the Administrative Code.

According to subparagraph 62) of part 1 of Article 804 of the Administrative Code, protocols on administrative offenses provided for in Part 3.4 of Article 452 of the Administrative Code may be drawn up by authorized officials of the authorized body in the field of information.

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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