NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of October 6, 2017 No. 7

About some questions of application by courts of regulations of the Special part Kodeksa of the Republic of Kazakhstan of administrative offenses

Proceeding from results of generalization of court practice, for the purpose of ensuring unity of practice of application by courts of regulations of the Special part Kodeksa of the Republic of Kazakhstan about administrative offenses, and also considering the questions arising at courts by hearing of cases about administrative offenses, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.

1. Explain to courts that according to part one of article 64 of the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code) cases on administrative offenses, the stipulated in Article 73 Administrative Code, are initiated not differently, as according to the statement the injured persons listed in the Note to this Article. Making by the offender in the individual apartment house (including the yard or personal plot), the apartment or other dwelling of any of the actions listed in this Article shall express disrespect for the faces consisting with the offender in the home relations and to break their tranquility. The acts described in the dispositions of this Article made concerning persons which are not corresponding to the signs listed in the Note to this Article (for example, having to the offender distant relatives or cousins-in-laws, that is close relatives from the spouse, but living separately from the offender), it is necessary to qualify under the relevant articles Administrative Code and the Criminal Code of Kazakhstan (further - UK) providing responsibility for offenses against the personality. The same acts which are intruding upon leisure of any persons which are outside the rooms specified in this Article (for example, on landings, at entrances of apartment apartment houses), expressing disrespect for them do not attract responsibility under the article 73 Administrative Code.

2. Responsibility of parents or other legal representatives of minors under the article 127 Administrative Code comes in case of violation of obligation by them on education and training of minor children which is assigned to these persons owing to provisions of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family", for example, training of the child in rules of conduct in life, in public places, acquaintance with moral and ethical principles of society. For violation by the same persons of the obligations following from article 49 of the Law of the Republic of Kazakhstan of July 27, 2007 No. 319-III "About education", for example, for failure to provide of preschool preparation or systematic omissions of studies without valid excuse responsibility comes on part two of the article 409 Administrative Code.

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