Commentary to article 456. Violation of the order in which output data is announced The Code of the Republic of Kazakhstan on Administrative Offences
1. The publication of a periodical, the distribution of messages and materials from an information agency or an online publication without established output data, the airing of television and radio channels without announcing their names, as well as with unclear or deliberately false output data -
they entail 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 the release of a periodical, the distribution of messages and materials from an information agency or online publication without established output data, the airing of television and radio channels without announcing their names, as well as with unclear or deliberately false output data.
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 registration (announcement) of output data.
According to Article 15 of the Law of the Republic of Kazakhstan dated July 23, 1999 "On Mass Media", each issue of a periodical must contain the following information:
1) the name of the periodical;
2) the owner of the periodical;
3) last name and initials of the editor-in-chief (editor);
4) the number and date of the certificate of registration or re-registration and the name of the issuing authority;
5) periodicity of publication;
6) serial number and publication date of the periodical;
7) the circulation of this issue;
8) the name of the printing house, its address and the address of the editorial office.
In addition, news agencies and online publications are required to post in a specially designated section.:
1) the name of an information agency or online publication;
2) the surname and initials or the name of the owner of the information agency or online publication;
3) the surname and initials of the editor-in-chief (editor);
4) the number and date of the certificate of registration or re-registration and the name of the issuing authority;
5) contact information of the editorial office (postal address, phone number, e-mail address).
According to paragraph 2 of the same article, at each broadcast, and with continuous broadcasting – at least four times a day, the media must announce its name.
The objective side of the administrative offense provided for in part 1 of the commented article is expressed in action, namely,
- the release of a periodical without established output data, as well as with unclear or deliberately false output data;
- distribution of messages and materials from an information agency or online publication without established output data, as well as with unclear or deliberately false output data;
- broadcasting of television and radio channels without announcing their names, as well as with unclear or deliberately false output data.
The subject of an administrative offense provided for in part 1 of the commented article are individuals and legal entities. 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 456 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 acts committed or resulting in an information security incident within a year after the imposition of an administrative penalty provided for in part 1 of Article 456 of the Administrative Code.
According to part 1 of Article 684 of the Administrative Code, cases of administrative offenses provided for in Article 456 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 Article 456 of the Administrative Code.
According to paragraph 1 of Article 805 of the Administrative Code, the prosecutor issues a decision to initiate proceedings on an administrative offense under Article 456 of the Administrative Code.
As an example, let us consider the Resolution of the Specialized Interdistrict Administrative Court of Almaty on an administrative offense provided for in Article h. 1 350 of the Code of Administrative Offenses of the Republic of Kazakhstan dated January 30, 2001 against the owner and editor-in-chief of the periodical newspaper Pravdivaya Gazeta.
From the plot of the case, Ismagulova A.K., being the editor-in-chief and owner of the print edition of the newspaper Pravdivaya Gazeta, committed a violation of the procedure for announcing the output data, namely the release and distribution of the print edition No. 1(01) dated 04/23/2013, without specifying information about the periodicity of the publication, thereby violating the requirements of Article 15 of the Law RK dated July 23, 1999 "On Mass media". Proceedings on an administrative offense provided for in Part 1 of Article 350 of the Administrative Code were initiated by the Department of Internal Policy of Almaty, according to Protocol No. 7 dated April 24, 2013 concerning the owner and editor-in-chief of the periodical newspaper Pravdivaya Gazeta.
For committing an administrative offense under part 1 of Article 350 of the Administrative Code, an administrative fine was imposed with confiscation of the newspaper's circulation.
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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