Commentary to article 70. The content of educational impact measures  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. The explanation of the law consists in explaining to the minor the harm caused by his act and the legal consequences of the repeated commission of offenses provided for in this Code.

     2. Excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127-VI.  

     3. The obligation to make amends for the damage caused is imposed taking into account the property status of the minor and the availability of appropriate work skills.

     4. The restriction of leisure time and the establishment of special requirements for the behavior of a minor may include a ban on visiting certain places, using certain forms of leisure, including those related to driving, restrictions on staying outside the house after a certain time of day, traveling to other areas without the permission of a court or an authority (official) authorized to consider administrative cases. offenses. In relation to a minor, special requirements for the offender's behavior may be established, provided for in Article 54 of this Code, as well as a requirement to complete education or find a job with the help of the commission for the protection of the rights of minors.

     Part 1. Due to the fact that a minor, due to his age and developing horizons, is not always able to adequately assess his actions, in cases of committing an administrative offense, a measure of education is applied to him in the form of an explanation of the law.  

     First of all, the meaning of this measure is precisely to explain to the minor the essence and content of the act he committed. To do this, when explaining it, it is necessary to use the vocabulary that will be understandable to the person, taking into account his age, level of upbringing, living conditions and other circumstances.

     According to the disposition of the commented norm, this measure consists in clarifying:

     - the harm caused by the act;

     - the legal consequences of repeated offenses.

     A minor who has committed an administrative offense must understand that his act has caused harm to interests that are protected by Law. It is also necessary to inform the minor about the content of the rights and interests that he has violated, as well as about the harm that may not be expressed in a material form.  

     When explaining the law to a minor who has committed an administrative offense, it is necessary to inform him about all the legal consequences of committing any administrative offense, as well as in cases of repeated offenses, namely:

     - material penalties;

     - deprivation of special rights;

     - restriction of leisure time;

     - setting special requirements for behavior;

     - assignment of additional responsibilities;

     - restrictions on employment or training;

     - the use of more severe penalties, including arrest, for repeated offenses, etc.

     Part 3. The obligation to make amends for the harm caused to a minor is imposed subject to the following conditions:

     - property status;

     - availability of appropriate work skills.

     In addition to the educational impact on a minor who has committed an administrative offense, the obligation to make amends for the damage caused has prerequisites in civil legislation. Thus, Article 926 of the Civil Code defines liability for harm caused by minors between the ages of 14 and 18, according to which minors between the ages of 14 and 18 are independently responsible for the harm they have caused on general grounds. It is also established that if a minor between the ages of 14 and 18 does not have property or other sources of income sufficient to compensate for harm, he must be reimbursed in full or in part by his legal representatives, unless they prove that the harm was not their fault.

     In accordance with Article 927 of the Civil Code, a parent deprived of parental rights may be held liable by a court for harm caused by his minor children within three years after the parent was deprived of parental rights if it is established that the child's behavior that caused harm was the result of improper performance by the parents of their child-rearing duties.

     According to the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6 "On judicial practice in cases of juvenile delinquency and their involvement in criminal and other antisocial activities" in cases where a minor aged 14 to 18 years does not have income or other property sufficient to compensate for harm, harm must be reimbursed in full or in the missing part by the parents (adoptive parents) or the trustees, unless they prove that the damage was not their fault. If the damage was the result of joint illegal actions of several persons, then the perpetrators, both adults and minors, if they have sufficient earnings and property, bear joint financial responsibility in accordance with art. 932 of the Civil Code.

     The property status of a minor presupposes the establishment of a number of circumstances, which include: the presence of their own property, the availability of a source of income in the form of wages or benefits and other subsidies, the total income of the family in proportion to its composition, and other circumstances that determine the property status of a minor.

     The labor activity of a minor is also regulated by industry legislation, namely the Labor Code of the Republic of Kazakhstan, which allows minors to work. Thus, in accordance with paragraph 2 of Article 31 of the said Code, an employment contract may be concluded with:

     1) citizens who have reached the age of fifteen, in cases where they receive basic secondary or general secondary education in a secondary education organization;

     2) students who have reached the age of fourteen to perform work in their free time that does not harm their health and does not disrupt the learning process;

     3) with persons under the age of fourteen in cinematography organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without prejudice to health and moral development in compliance with the conditions specified in subparagraph 2) the present paragraph.

     The absence of contraindications to work due to disability, age, mental injuries, etc., as well as the presence of appropriate work skills in a minor presuppose the actual ability and ability of a minor to perform a particular job, for example, personally, to produce or restore destroyed or damaged property, which is of great educational importance.  

     Part 4. In accordance with the disposition of the commented norm, an educational measure in the form of limiting leisure time and establishing special requirements for the behavior of a minor provides for the following prohibitions:

     - visiting certain places (for example: train stations, markets, trading houses, etc.);

     - the use of certain forms of leisure (for example: concerts, sports competitions, etc.);

     - driving a vehicle (for example: mopeds, go-karts, etc.);

     - restriction of staying out after a certain time of day (for example, during the night, which may vary depending on the time of year);

     - travel to other localities without the permission of a court or an authority (official) authorized to consider cases of administrative offenses;

     The educational measure provides for the following obligations:

     - finish the training;

     - get a job with the help of the Commission for the protection of the rights of minors.

     In addition, special requirements for the offender's behavior may be established in relation to a minor, provided for in Article 54 of the Administrative Code, namely:

     1) against the victim's will, seek out, harass, visit the victim, conduct oral, telephone conversations and contact him in other ways, including minors and (or) incapacitated members of his family;

     2) to acquire, store, carry and use firearms and other types of weapons;

     3) to visit certain places or travel to other areas without the permission of the Commission for the Protection of the Rights of Minors;

     4) to consume alcoholic beverages, narcotic drugs, psychotropic substances.

     Certain features of the implementation of educational measures are regulated by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated July 15, 2014 No. 432 "On approval of the Rules for preventive monitoring of persons registered with the internal Affairs bodies".  

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  

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