Commentary to article 22. Ensuring safety during production The Code of the Republic of Kazakhstan on Administrative Offences
Proceedings on cases of administrative offenses take place in conditions that ensure the normal operation of the court, the body (official) authorized to consider cases of administrative offenses, and the safety of the participants in the proceedings. In order to ensure security, a judge or an official may order an inspection of persons wishing to be present at the proceedings, including an inspection of their identity documents, a personal search and an inspection of their belongings.
The buildings of courts and bodies authorized to consider cases of administrative offenses, on the basis of the decree of the Government of the Republic of Kazakhstan dated October 7, 2011, are subject to state protection and have an appropriate access regime.
At all facilities, with the exception of those protected by the Armed Forces, other troops and military formations, regardless of the form of ownership, the administration of the facility, with the involvement of units for the protection of state secrets, together with the territorial divisions of the internal affairs bodies, shall develop:
1) rules for ensuring access and on-site security, approved by the heads of facilities and the department responsible for state protection;
2) plans for the protection and defense of facilities, in consultation with the authorities concerned. At least once a year, in coordination with authorized government agencies, joint exercises are conducted within the framework of anti-terrorist cooperation to protect facilities.
The same legal act approved the Requirements for ensuring the engineering and technical fortification of facilities subject to state protection.
The rules for ensuring access and on-site security on the territory and in buildings of courts at all levels were approved by the joint order of the Head of the Department for Ensuring the Activities of Courts at the Supreme Court of the Republic of Kazakhstan (Office of the Supreme Court of the Republic of Kazakhstan) dated April 6, 2018 No. 6001-18-7-6/121 and the Minister of Internal Affairs of the Republic of Kazakhstan dated April 6, 2018 No. 265.
The organization and implementation of access and intra-facility security on the territory and in the building of the Supreme Court of the Republic of Kazakhstan and the Department is entrusted to the Administrative Police Committee of the Ministry of Internal Affairs, on the territory and in the buildings of local courts and territorial bodies of the Department - to the departments of the specialized security service of the regions and cities of Nur-Sultan, Almaty of the Ministry of Internal Affairs of the Republic of Kazakhstan, in cooperation with bailiffs.
At the entrance to the buildings of the courts, the Department and its territorial bodies, all visitors, participants in the trial, other persons participating in the trial, as well as persons wishing to attend an open court hearing, are subject to technical control using special equipment and technical controls.
In case of activation of special technical controls, the department employee suggests that the person present the items for visual inspection.
In cases where technical control using special means is not possible due to the failure (or lack thereof) of these means, the person independently presents hand luggage (bags, briefcases, bags, pouches, etc.) to an employee of the department for visual inspection.
If there are sufficient grounds to believe that a person has prohibited items and substances, an external search is carried out with his consent.
Failure of a person to pass technical control or inspection is grounds for refusal to allow him to enter the building.
If there is information about the possibility of impeding the normal activities of the court, body (official) and in order to ensure the safety of persons involved in the process, the judge, body (official) decides on identity verification by:
1) clarifying the true intentions of the person wishing to attend the hearing on the case;
2) verification of identity documents;
3) conducting an inspection in accordance with Articles 793 and 794 of the Administrative Code (for the purpose of identifying and detecting objects and things that may harm the life and health of persons involved in the process), and, if necessary, personal inspection and inspection of carried items.
Admission to the buildings of the courts, the Department and its territorial bodies is carried out on the basis of the following documents:
1) the user's temporary card;
2) a one-time pass;
3) a list of visitors, participants in court proceedings, and other persons participating in the trial, represented by the Department's structural divisions, court Administrators, and court offices at the police station;
4) by official identification - lawyers, prosecutors;
5) according to identity documents – to persons wishing to attend an open court hearing.
It is forbidden to bring into the building of courts and authorized bodies dealing with cases of administrative offenses.:
1) firearms and cold steel;
2) explosives, explosive devices and flammable means;
3) toxic substances;
4) highly toxic substances;
5) Bacteriological, biological and chemical substances;
6) radioactive substances;
7) narcotic and psychotropic substances;
8) video, film and photographic equipment;
9) Recording devices and computing equipment;
10) radio engineering and other equipment (with the exception of medical devices and equipment designed to maintain therapeutic or preventive effects on the human body, or to replace or correct the functions of organs and systems of the body);
11) mobile devices (cell phones, smartphones, tablets, etc. with Internet modules), except for phones with call/SMS/reply functions;
12) machine storage media (flash cards, USB disks, etc.);
13) technical devices, including wireless ones, capable of transmitting data, as well as access to international global networks and the Internet (Wi-Fi, Bluetooth, 3G, 4G, etc.).
Due to recent changes in the openness policy of the Supreme Court and local courts, zones have been created in the courts where the presence of mobile and other electronic devices is allowed.
Thus, in accordance with paragraph 12 of the said joint order, representatives of the mass media are allowed to enter the territory and building of the court, Department and its territorial bodies with mobile devices (cell phones, smartphones, tablets, etc. with Internet modules), video, film and photographic equipment related to their professional activities, in accordance with paragraph 3) of Article 20 of the Law of the Republic of Kazakhstan "On Mass Media".
The issue of the use of video, film and photographic equipment by media representatives at court sessions is decided by the presiding judge in accordance with Article 29 of the CPC, Article 19 of the CPC and Article 21 of the Administrative Code.
Paragraph 24 establishes: participants in the trial and other persons participating in the trial are brought to the courts according to the schedule of the court cases under consideration, as well as upon presentation of a court summons or summons notice to the police post, participating lawyers and prosecutors - upon presentation of their official identification.
Persons wishing to attend an open court hearing are brought to the courts upon presentation of an identity document.
At the same time, participants in the trial, including lawyers, prosecutors, other persons participating in the trial, as well as persons wishing to attend the open court session, go to the publicly accessible part of the courthouse. These persons are not allowed to enter office and security premises.
Such persons (participants) are allowed to bring (carry) into the publicly accessible part of the courthouse the items specified in the sub-paragraphs 9), 11), 12), 13) the list of participants in the trial who arrived at the court sessions (paragraph 27).
At the same time, in order to use them, a participant in the trial in the courtroom must contact the presiding judge to obtain permission.
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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