Commentary to article 732. Authorized body in the field of gambling The Code of the Republic of Kazakhstan on Administrative Offences
1. The authorized body in the field of gambling considers cases of administrative offenses provided for in Article 464 (part one) of this Code.
2. The head of the authorized body in the field of gambling and his deputies have the right to consider cases of administrative offenses and impose administrative penalties.
Part 1. Gambling in Kazakhstan, in accordance with the Law of the Republic of Kazakhstan dated January 12, 2007 "On Gambling", is subject to state regulation, namely legal relations:
1) related to the specifics of the legal status and activities of gambling business organizers;
2) arising between the gambling business organizer and the participants of gambling and (or) betting during the conduct of the game and (or) betting;
3) arising between the gambling business organizer and the authorized body.
The forms of state regulation of gambling business activities are:
1) determination of the procedure for carrying out activities in the field of gambling;
2) licensing activities in the field of gambling in the Republic of Kazakhstan;
3) implementation of state control over activities in the field of gambling.
The licensor and authorized body in the field of gambling is the Ministry of Tourism and Sports of the Republic of Kazakhstan, which:
- implements the state policy in the field of gambling;
- monitors compliance by gambling business organizers with the legislation of the Republic of Kazakhstan on gambling, as well as compliance with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism;
- develops and approves the list and forms of documents confirming the compliance of the gambling business organizer with the qualification requirements established by Article 13 of this Law;
- issues licenses for the right to engage in activities in the field of gambling in the Republic of Kazakhstan;
- maintains the licensor's electronic register;
- collects and analyzes reports submitted by the gambling business organizer;
- develops and approves the reporting form of the gambling business organizer, the rules for collecting and analyzing reports submitted by the gambling business organizer;
- carries out a systematic collection of information and analysis of the content of Internet resources for the presence of signs of an online casino in the manner determined by it.;
- maintains a register of betting shops and betting shops;
- exercises other powers.
It is for violation of licensing standards established by the legislation of the Republic of Kazakhstan, including non-compliance with the qualification requirements for gambling entities, provided for in Part 1 of Article 464 of the Administrative Code, that the Ministry of Tourism and Sports of the Republic of Kazakhstan and its territorial bodies are authorized to impose administrative penalties and conduct administrative business.
Part 2. The legislator also determines the officials of the authorized body in the field of gambling:
- first managers;
- deputy heads, in accordance with their functional responsibilities.
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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