Commentary to article 73-2. Beatings  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Beatings or other violent acts that have caused physical pain but have not caused minor harm to health, –

     entails a fine in the amount of ten monthly calculation indices or administrative arrest for up to ten days.

     2. The actions provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –

     they entail administrative arrest for up to fifteen days.

     3. The actions provided for in the second part of this Article, committed by persons to whom administrative arrest in accordance with the second part of Article 50 of this Code does not apply, –

     they entail a fine in the amount of thirty monthly calculation indices.

     The offense, called "Beatings," was decriminalized in 2017 and transferred from the Criminal Code to the Administrative Code in accordance with the Law of the Republic of Kazakhstan dated July 3, 2017 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on improving the law enforcement system."

     The differences between the act of "Beating" an administrative and a criminal offense are manifested in its qualified compositions and sanctions for its commission. So, earlier in the Criminal Code, the composition of "Beatings" did not provide for a qualified composition, and in the Administrative Code, art. 73-2 provides for liability for its repeated commission.

     Also, the sanction for criminal beatings provided for a fine of up to 100 MCI. Correctional or community service, as well as arrest for up to 45 days. Currently, the sanction for this offense imposes penalties in the form of a fine of 10 MCI or arrest for up to 15 days.

     The object of this administrative offense is human health, his physiological state and well-being. In accordance with the disposition of the commented norm, any person can become a victim, regardless of age, gender or occupation.

     The objective side of this administrative offense can only be expressed in action, as it is expressed in:

     beatings;

     other violent acts.

     At the same time, for both signs of the objective side, the consequence in the form of physical pain is mandatory.

     Beatings do not constitute a special type of injury. Beatings are understood to mean the infliction of multiple blows, as a result of which no damage to the anatomical integrity of organs occurs on the victim's body, or a slight disorder of health may be caused, lasting for a short time. If injuries remain on the victim's body as a result of beatings, they are assessed according to the severity of the injury based on the usual signs. If the beatings do not leave any objective traces, the forensic medical expert in his report notes the complaints of the victim, indicates that no objective signs of damage have been found.

     Other violent acts may be expressed in the form of wringing and twisting of hands, squeezing of hotel parts of the case, pinching of the skin or pinching, binding or shackling, bites, chemical or thermal effects, infliction of pain with the help of mechanical devices, animals or insects, etc.  

     An important condition for qualifying an act as a "Beating" is the absence of consequences provided for in Articles 73-1 of the Administrative Code, i.e. causing minor harm to health.

     The subject of an administrative offense fixed in the commented norm is general, i.e. it can be any individual who has reached the age of 16.

     The subjective side of this crime is expressed by guilt in the form of direct intent. The person is aware of the unlawful nature of his act, anticipates harm to the victim and desires the occurrence of these harmful consequences.

     Part 2 of the commented norm provides for liability for the repeated commission of this act within a year after the imposition of an administrative penalty for its first commission.

     The sanction for repeated commission provides for administrative arrest for up to fifteen days.

     Part 3 is devoted to liability for repeated beatings committed by persons to whom administrative arrest is not applicable in accordance with Article 50 of the Administrative Code, which include:

     pregnant women;

     women with children under the age of fourteen;

     persons under the age of eighteen;

     disabled people of groups 1 and 2;

     women over the age of fifty-eight;

     men over sixty-three years old;

     men who raise children under the age of fourteen alone.

     For these categories of persons, liability for causing minor harm to health occurs under Part 3 of Article 73-2 of the Administrative Code, and administrative penalties are imposed in the form of a fine in the amount of 30 monthly calculation indices.

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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