Commentary to article 484. Violation of the procedure for the acquisition, transfer, accounting, storage, use, transportation, importation into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of civilian, service, award, collectible weapons, ammunition  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the procedure for the acquisition, transfer, accounting, storage, use, transportation, importation into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of civilian, service, award, collectible weapons, and cartridges by persons authorized by law enforcement agencies to store, store, and carry weapons, -

     entails a fine for individuals in the amount of ten, for legal entities - in the amount of twenty monthly calculation indices.

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

     entails a fine for individuals in the amount of twenty, for legal entities - in the amount of forty monthly calculation indices.

     Part 1. The public danger of the administrative offense being commented on is the violation of the established management procedure in the sphere of arms trafficking in the Republic of Kazakhstan.

     The object is the public relations regulated by the legislation of the Republic of Kazakhstan in the sphere of turnover of civil, service, award-winning, collectible weapons, and cartridges for them.

     The main regulatory legal acts defining the procedure for arms turnover in the Republic of Kazakhstan are the Law "On State Control over the turnover of certain types of weapons", Resolution of the Government of the Republic of Kazakhstan dated August 3, 2000 No. 1176 "On measures to implement the Law of the Republic of Kazakhstan "On State Control over the turnover of certain Types of Weapons".

     According to Article 5 of the Law "On State Control over the Turnover of certain types of Weapons" (hereinafter referred to as the Law), civilian weapons include weapons used by citizens of the Republic of Kazakhstan for self-defense, sports and hunting. Civilian firearms should exclude firing in bursts.

     Civilian weapons are divided into:

     1) self-defense weapons:

     - smoothbore long-barreled firearms;

     - gas weapons – gas pistols, revolvers and cartridges for them, mechanical sprayers, aerosol cans and other devices equipped with tear or irritating substances approved for use by an authorized body in the field of healthcare;

     - electric weapons – weapons and other objects, the damaging effect of which is based on the use of electric energy, authorized for use by the authorized body in the field of healthcare;

     2) sports weapons:

     - firearms with a rifled barrel;

     - smoothbore firearms;

     - cold bladed;

     - throwing weapon;

     - pneumatic with muzzle energy over 3 joules;

     3) Hunting weapons:

     - firearms with a rifled barrel;

     - smoothbore firearms, including those with a rifled length of no more than 140 mm;

     - combined firearms (rifled and smoothbore), including those with interchangeable and plug-in rifled barrels;

     - pneumatic with a muzzle energy of no more than 25 joules;

     - cold bladed;

     4) Signal weapons.

     Service weapons include weapons intended for use in order to ensure personal security by political civil servants who have the right to purchase (receive) service weapons in accordance with the legislation of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan, as well as organizations in the implementation of the tasks assigned to them by legislation and provided for by their charters (regulations) to protect life and health. citizens, property, protection of the environment and natural resources, valuable and dangerous goods, special correspondence.

     Organizations that are assigned functions related to the use and use of service weapons are legal entities with special statutory tasks.

     Service weapons include firearms without barrels, gas weapons with the ability to fire traumatic cartridges, short-barreled smoothbore and rifled firearms, as well as long-barreled smoothbore and rifled weapons.

     The award is a weapon received by citizens of the Republic of Kazakhstan on the basis of a Decree of the President of the Republic of Kazakhstan, a decree of the Government of the Republic of Kazakhstan. Citizens of the Republic of Kazakhstan can receive award weapons on the basis of award documents of heads of foreign states, heads and members of governments of foreign states.

     Collectible weapons are weapons that are collectible.

     The objective side of the offense is a violation of the procedure for the acquisition, transfer, accounting, storage, use, transportation, importation into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of weapons listed in the disposition of the commented article and ammunition for it.

     According to Article 12 of Chapter 4 of the Law, the right to purchase weapons in the territory of the Republic of Kazakhstan belongs to:

     1) The armed forces, other troops and military formations, special state and law enforcement agencies, as well as entities specified in the Law of the Republic of Kazakhstan "On the Defense Industry and the State Defense Order";

     2) state bodies whose officials are authorized to keep and carry firearms;

     3) legal entities with special statutory tasks;

     4) legal entities engaged in the manufacture of weapons or trade in them;

     5) legal entities and individuals engaged in collecting or exhibiting weapons;

     6) hunting organizations;

     7) sports organizations;

     8) Educational organizations;

     9) citizens of the Republic of Kazakhstan;

     10) foreigners;

     11) legal entities authorized to conduct scientific medical research in the field of the use of weapons, including with cartridges of traumatic and gas action.

     Chapter 4 of the Law also defines the procedure for exercising the right to purchase weapons, the rights and obligations of owners and users of weapons.

     Entities authorized to purchase weapons in accordance with the Law may legally sell civilian and service weapons and ammunition to legal entities licensed to trade in civilian and service weapons, with prior notification to the internal affairs bodies at the place of registration of weapons.  

     Citizens of the Republic of Kazakhstan have the right to transfer and alienate weapons legally owned by them to legal entities licensed to trade in civilian and service weapons or to collect or exhibit weapons, with prior notification to the internal affairs bodies that issued them permits to store, store and carry weapons, as well as to citizens who have permits for the purchase of weapons, after the re-registration of weapons in the internal affairs bodies at the place of registration of weapons.

     In cases stipulated by Law, legal entities may transfer civilian and service weapons and ammunition to entities authorized to purchase them during reorganization or liquidation.  

     The storage of civilian and service weapons and ammunition is allowed to legal entities and individuals who have received permits from the internal affairs bodies for the storage, storage and carrying of weapons.

     Legal entities and individuals are prohibited from storing and using firearms found by them or transferred to them in violation of the legislation of the Republic of Kazakhstan, of which they are not the owners. Such weapons must be immediately handed over to the internal affairs bodies.

     Legal entities and individuals who have the appropriate licenses from the internal affairs bodies have the right to collect civilian and service weapons in the territory of the Republic of Kazakhstan.

     The import into and export from the territory of the Republic of Kazakhstan of civilian and service weapons and ammunition is carried out on the basis of an opinion issued by the authorized body in the field of arms control in accordance with the legislation of the Republic of Kazakhstan.

     The transit of civilian and service weapons and ammunition through the territory of the Republic of Kazakhstan is carried out on the basis of the conclusion of the authorized body in the field of arms trafficking control in accordance with the legislation of the Republic of Kazakhstan.

     The import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan of single copies of civilian and service weapons and ammunition for them are carried out on the basis of conclusions of the internal affairs bodies, taking into account the requirements of the Law.  

     In accordance with the Law, the turnover of weapons and ammunition, including production, sale (trade) transfer, donation, awarding, inheritance, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, use, seizure, destruction, importation into the territory of the Republic of Kazakhstan and export from the Republic of Kazakhstan, is also regulated The rules of circulation of weapons and ammunition in the Republic of Kazakhstan.

Thus, non-compliance with the above and other legal requirements or improper performance of established duties regarding the procedure for the acquisition, transfer, accounting, storage, use, transportation, importation into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of civilian, service, award, collectible weapons, ammunition they entail administrative liability under the first part of Article 484 of the Administrative Code.

     For example, a 38-year-old resident of Kokshetau was fined 34,035 tenge. The man is the owner of a firearm, and upon inspection, the guards revealed the absence of a security system for the room where the weapon is stored. According to the requirements, the alarm system must be able to transmit an alarm signal to the mobile phone of the owner, his family members or a security organization. The weapon was seized until the violation was eliminated and the fine was paid.

     The subject of the offense is a person who has permission from the internal affairs bodies to store, store and carry weapons.

     The subjective side of the offense is characterized by both intentional and careless forms of guilt.

     The second part of the commented article defines the commission of a similar offense repeatedly as a qualifying feature within a year after the imposition of an administrative penalty under the first part of Article 484 of the Administrative Code.

     Cases of administrative offenses provided for in Article 484 of the Administrative Code are considered by the internal affairs bodies (Part 1 of Article 685 of the Administrative Code).

     Authorized officials of these bodies have the right to draw up reports on violations. In addition, administrative violation reports under Article 484 of the Administrative Code may be drawn up by officials of the military police of the Armed Forces of the Republic of Kazakhstan in relation to military personnel and employees of the Armed Forces of the Republic of Kazakhstan.

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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