Commentary to article 487. Evasion from handing over civilian weapons and ammunition for sale The Code of the Republic of Kazakhstan on Administrative Offences
Evasion from handing over civilian weapons and ammunition for sale by individuals who have had their permission to store and carry them revoked, -
entails a fine in the amount of five monthly calculation indices.
The public danger of an administrative offense lies in the creation of conditions for the use of weapons for illegal purposes as a result of its commission.
The object of the offense is the established procedure for handing over civilian weapons and ammunition for sale in the event of revocation of the permit for their storage and carrying.
The definition of civilian weapons is given in the commentary to Article 484 of the Administrative Code.
Cancellation means the cancellation or termination of a document, namely, a permit to keep and carry weapons.
The procedure for termination of the permit is regulated by the Law "On State Control over the Turnover of Certain Types of Weapons" (hereinafter referred to as the Law), the Rules for the turnover of weapons and Ammunition in the Republic of Kazakhstan, approved by 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". weapons"".
The termination of a permit may be preceded by its suspension. According to Article 19 of the Law, permits of the first and second categories in the sphere of circulation of civilian and service weapons by internal affairs bodies are suspended in cases where a person:
1) has no permanent place of residence;
2) does not have proper conditions for storing weapons.
In the case of bringing a person to criminal responsibility, the permit is suspended until the court makes a decision.
The decision to suspend the validity of a permit on the grounds provided for by Law must be preceded by a prior written warning to the permit holder by the internal affairs body that issued the permit. The warning indicates which legal norms and rules have been violated or not implemented, and sets a deadline of no more than thirty calendar days to eliminate the violations.
When eliminating violations that were the basis for the suspension of the permit, the permit holder has the right, before the expiration of the suspension period, to submit to the internal affairs body an application for the elimination of violations with copies of supporting documents attached.
If the permit holder fails to submit an application for the elimination of violations that were the basis for the suspension of the permit, before the expiration of the suspension period, the internal affairs body initiates the procedure for termination of the permit. The termination of the permit is initiated in accordance with the procedure and on the grounds established by the Law of the Republic of Kazakhstan "On Permits and Notifications".
In the process of considering the issue of termination of the permit, the permit holder has the right to prove that the violation has been eliminated.
The termination of permits for the storage or storage and carrying of weapons without prior suspension is carried out by the internal affairs bodies in the following cases::
1) voluntary refusal of permission or death of the owner of the weapon;
2) the presence of a criminal record for committing a crime that has not been cancelled or removed in accordance with the procedure established by law;
3) exemption from criminal liability on non-rehabilitating grounds until the expiration of the lower limit of punishment in the form of imprisonment provided for in the relevant part of the article of the Special Part of the Criminal Code;
4) the commission of an administrative offence repeatedly within a year, provided for in articles 127, 128, 131, 382, 434, 437, 438, 440, 443, 444, 448, 450, 462, 476, 477, 478, 481, 482, 484, 485, 485-1, 486, 487, 489, 490, 492, 493, 506 Administrative Code;
5) committing a criminal offense provided for in Articles 109, 287 (part one), 288 (part four), 289, 296 (part one), 337 (parts one and two), 346 (part one), 379 (part one), 389 (parts one and two) of the Criminal Code and administrative offences provided for in Articles 73, 436, 453 and 461 of the Administrative Code;
6) the occurrence of circumstances stipulated by the legislation of the Republic of Kazakhstan, excluding the possibility of obtaining permits;
7) constructive modification by the owner of a civilian or service weapon, which entailed a change in the ballistic and other technical characteristics of the specified weapon;
8) non-compliance of civilian and service weapons with technical regulations in the sphere of turnover of civilian and service weapons and ammunition, as well as criminalistic requirements;
9) failure to pass an exam to verify knowledge of the rules for the safe handling of civilian and service weapons within two months from the date of receipt of the resolution on sending the owner and (or) user of civilian and service weapons to verify knowledge of the rules for the safe handling of weapons;
10) if the person is registered by the internal affairs and (or) national security agencies in the field of combating extremism, terrorism or organized crime.
The decision of the internal affairs body to terminate the permit for the storage or storage and carrying of weapons may be appealed to the court.
In case of termination of the permit, repeated application for its receipt is possible after three years from the date of termination. In case of voluntary refusal of a permit, the time limits for re-applying for it are not set.
According to paragraph 95 of the Rules for the Circulation of Weapons and Ammunition, upon suspension and termination of the permit, it is withdrawn along with the weapon and ammunition. Seized weapons and ammunition for them are handed over by the owners or their legal representatives for commission sale or can be alienated to a person who has permission from the internal affairs bodies to purchase weapons.
The objective side of the offense consists in an action (inaction) aimed at evading the surrender of civilian weapons and ammunition for sale.
Evasion may be expressed in an open refusal to surrender, unjustified delays in the execution of the decision, or another form of ignoring the legitimate demands of officials of the internal affairs bodies.
The subject of the offense is an individual who has had his permit to store and carry civilian weapons and ammunition revoked.
The subjective side of the offense is characterized by an intentional form of guilt. The person was aware of the unlawful nature of his action, foresaw its harmful consequences and desired or consciously allowed these consequences to occur or treated them indifferently.
Cases of administrative offenses provided for in Article 487 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.
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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