Commentary to article 68. Release of minors from administrative responsibility and administrative penalties The Code of the Republic of Kazakhstan on Administrative Offences
A minor who has committed an administrative offense for the first time may be released by a court, body (official) authorized to consider cases of administrative offenses from administrative responsibility or from the execution of an administrative penalty with the application of educational measures provided for by law.
The general grounds and conditions for exemption from administrative liability and administrative penalties are set out in Chapter 8 of this Code, which include:
- expiration of the limitation period;
- an act of amnesty;
- reconciliation of the parties;
- insignificance of the offense.
As previously noted, minors, due to their age characteristics, are under special protection by law. In this regard, the Administrative Code for this category establishes additional grounds for exempting a minor from administrative responsibility and administrative punishment. The grounds and conditions of this exemption are fixed in the disposition of the commented norm.
To apply Article 68 of the Administrative Code and release a person from liability or punishment, the following conditions must be met::
- the subject of the offense must be a minor;
- the offense must be committed for the first time;
- educational measures should be applied to the perpetrator.
First of all, it is necessary to determine that the age of the person being released from liability or punishment is very important for the application of art. 68. The subject of the offense must be a minor at the time of the administrative offense. Even if, after its commission, when considering an administrative case on the merits, the perpetrator has already turned 18 years old, the provisions set out in art. 68 of the Administrative Code are still applicable to him.
At the same time, it should be borne in mind that in this norm, in accordance with Part 1 of Article 65 of the Administrative Code, minors are defined as individuals who have turned 16 but have not reached the age of 18. In this situation, the release of minors under the age of 16 from liability may become problematic. Thus, in accordance with the Special Part of the Administrative Code, for certain types of offenses, for example, Article 435 "Hooliganism committed by a minor", provides for the responsibility of minors aged 14 to 16 years.
One of the conditions for the release of minors from administrative responsibility and administrative penalties is the commission of an offense for the first time.
This condition assumes that the minor commits an administrative offense for the first time, or the act was not committed for the first time, but the statute of limitations has expired for the previously committed offense. It should be noted that when applying the provisions of Article 68 of the Administrative Code, the commission of a criminal offense is not taken into account.
The legislator provides an opportunity for authorized officials and bodies to independently make decisions to release a minor from administrative responsibility or from administrative penalties. Exemption from administrative liability also implies exemption from appropriate penalties. On the contrary, exemption from administrative punishment does not imply exemption from administrative responsibility and entails its own legal consequences.
An obligatory condition for the release of minors from administrative responsibility and administrative punishment is the application of educational measures, which are fixed in art. 69 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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