Commentary to article 65. Administrative responsibility of minors The Code of the Republic of Kazakhstan on Administrative Offences
1. Minors who are covered by this chapter are recognized as persons who, at the time of committing an administrative offense, were sixteen but under the age of eighteen.
2. An administrative penalty may be imposed on a minor who has committed an administrative offense using educational measures.
Age is the calendar period that has passed from birth to any other chronological period in a person's life. The age of administrative responsibility should be understood as the calendar period of a person's psychophysical development, which is associated with psychophysical and legal consequences for the legal status of the individual. It is customary to distinguish such types of age as biological, calendar, and socio-legal. The latter assumes that in a certain life period a person has a certain level of socialization, corresponding socio-psychological changes, the scope and content of rights and duties, the nature, content and scope of responsibility to society.
The State protects the interests of children and in Article 1 of the Law of the Republic of Kazakhstan dated August 8, 2002 "On the Rights of the Child in the Republic of Kazakhstan" defines that every person under the age of eighteen (majority) is a child. Moreover, this special regulatory act establishes the specifics of the responsibility of a minor and the impact on his behavior (Articles 48, 49). Thus, when imposing a type of punishment, state bodies and officials must take into account the living conditions and upbringing of a child, the level of mental development, other personality traits, as well as the influence of older persons on him. When exercising parental rights, parents and other legal representatives have no right to harm the child's physical and mental health and moral development. Ways of raising a child should exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of the child.
The Republic of Kazakhstan is a party to many international agreements that require taking into account the age of minors. The main international legal acts include:
- The UN Convention on the Rights of the Child, adopted on November 20, 1989;
- The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the "Beijing Rules"), adopted by UN General Assembly resolution 40/33 of December 10, 1985.
According to these acts, efforts should be made within each national jurisdiction to adopt a set of laws, rules and regulations that relate directly to juvenile offenders and institutions and bodies whose functions include the administration of juvenile justice, and which are designed to:
- Meet the various needs of juvenile offenders while protecting their fundamental rights;
- meet the needs of society;
- to enforce the following rules strictly and impartially.
All these features are taken into account by the administrative legislation, which provides for such exceptions and exclusions for minors.:
- exceptions to the application of certain administrative penalties;
- peculiarities in the application of certain administrative penalties;
- exceptional measures applied only to minors;
- exceptional limitation periods;
- exclusive conditions of release from liability;
- special competencies of government agencies and officials in administrative matters involving minors.
All these and other features are contained in the norms of the General and Special parts of the Administrative Code, which will be commented on further.
As a general rule (Article 28 of the Administrative Code), persons who have reached the age of 16 are subject to administrative liability. At the same time, persons under the age of 18 are recognized as minors.
Part 1 of Article 65 of the Administrative Code establishes the effect of Chapter 9 "Administrative responsibility of minors" only in relation to minors aged 16 to 18 years.
The time of the specified age interval is important. It must coincide with the time when the offense was committed.
The age of a minor is determined based on the identity documents, which indicate the date of his birth. At the same time, judicial practice considers a person to have reached a certain age not on his birthday, but starting from the next day. In the absence of documents confirming the date of birth, the age is determined by the appointment of appropriate examinations.
In the norms of the Special Part of the Administrative Code, the legislator takes into account the underage age of both 16 and 18 years. For example, in Part 3 of Article 436 - for firing firearms, gas, pneumatic, propellant and electric weapons, the use of pyrotechnic products in populated areas to minors under 16 years of age. The same is in art. 435 - hooliganism committed by a minor and art. 438 - deliberately false calling of special services and other offenses provided for in the Special Part of the Administrative Code.
Another category of minors is specified in Article 442, which provides for the responsibility of persons under the age of 18 for minors staying at night in entertainment establishments or outside their homes unaccompanied by legal representatives.
It should be noted that the provisions of Chapter 9 also apply to administrative offences where the subject has the general characteristics specified in paragraphs 1) of Article 28: a sane individual who has reached the age of 16 at the time of the termination or suppression of an administrative offence.
Part 2 of this rule establishes the possibility or even the necessity of educating a minor who has committed an administrative offense. The very commission of an assault indicates shortcomings in the upbringing of a minor, in the inaccuracy of his value system. All this, along with the restoration of justice, necessitates the educational impact on a minor who has committed an administrative offense. Special punishments applied to minors are regarded as a form of their (minors') legal protection. The types and content of educational measures are fixed in Articles 69 and 70 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.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
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
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
