Commentary to article 454. Violation of the procedure for providing mandatory free copies of periodicals, recording, and storing materials of television and radio broadcasts The Code of the Republic of Kazakhstan on Administrative Offences
1. Failure to provide mandatory free copies of periodicals, as well as recording and storing materials of television and radio broadcasts -
entails a warning.
2. The actions provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
they entail a fine in the amount of twenty monthly calculation indices.
Part 1 of the commented article provides for administrative liability in the form of a warning for failure to provide mandatory free copies of periodicals, as well as recording and storing materials of television and radio broadcasts.
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 for the provision, recording and storage of periodicals, television and radio broadcasts.
According to paragraph 1 of Article 16 of the Law of the Republic of Kazakhstan dated July 23, 1999 "On Mass Media" (hereinafter referred to as the Law), mandatory free copies of periodicals, including those exempt from registration by virtue of Article 12 of the law, or their electronic digital forms certified by the electronic digital signature of the editor-in-chief (within fifteen calendar days from the date of their release, the media are sent by the owner to the national libraries, the National State Book Chamber of the Republic of Kazakhstan.
Electronic digital forms of mandatory free copies of periodicals, including those exempt from registration by virtue of Article 12 of the law, certified by the electronic digital signature of the editor-in-chief (editor), are sent to the state library of the region, the city of republican significance and the capital, which has been assigned the status of "central".
Electronic digital forms of mandatory free copies of periodicals, including those exempt from registration by virtue of article 12 of the law, certified by the electronic digital signature of the editor-in-chief (editor), are sent to the authorized body on the day of their manufacture.
According to paragraph 2 of article 16 of the law, editorial offices of mass media (television and radio channels) are required to keep recordings of their own television and radio programs that have been broadcast for six months, as well as record them in the logbook of their broadcast work and keep it for at least one year from the date of the last entry in it. Records of historical or cultural value are preserved in accordance with the procedure established by the legislation of the Republic of Kazakhstan on the National Archival Fund and Archives.
The objective side of the administrative offense provided for in Part 1 of Article 454 of the Administrative Code is characterized by inaction, namely:
- failure to provide mandatory free copies of periodicals;
In order to send electronic and digital forms of periodicals to the authorized body, according to paragraph 4 of the Rules, the owner is registered in the information system "Electronic Archive of mandatory free copies of periodicals" via the Internet resource of the authorized body.
- not recording the materials of TV and radio broadcasts;
- not saving the materials of TV and radio broadcasts.
The subject of an administrative offense provided for in part 1 of the commented article are individuals or legal entities (a special entity). The sanction provides for administrative liability in the form of a warning.
The subjective side of the acts provided for in Part 1 of Article 454 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 454 of the Administrative Code within a year after the imposition of an administrative penalty.
The sanction provides for an administrative fine.
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 Article 454 of the Administrative Code.
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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