Commentary to article 507. Obstruction of the activities of the participants of the national preventive mechanism The Code of the Republic of Kazakhstan on Administrative Offences
Obstruction of the legitimate activities of the participants of the national preventive mechanism by an official using his official position, as well as interference in this activity committed by an official using his official position, which entailed a significant violation of their rights and legitimate interests, -
they entail a fine in the amount of forty monthly calculation indices.
The public danger of an administrative offense is a violation of the procedure established by law for the operation of the national preventive mechanism.
The National preventive mechanism operates as a system for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, operating through the activities of participants in the national preventive mechanism.
The object of an administrative offense is the rights and legitimate interests of participants in the national preventive mechanism.
The participants of the national preventive mechanism are the Commissioner for Human Rights, as well as members of public oversight commissions and public associations selected by the Coordinating Council, who carry out activities to protect the rights, freedoms and legitimate interests of citizens, lawyers, social workers, and doctors.
The Commissioner for Human Rights coordinates the activities of the participants of the national preventive mechanism, takes measures in accordance with the legislation of the Republic of Kazakhstan to ensure the necessary potential and professional knowledge of the participants of the national preventive mechanism.
In order to ensure effective coordination of the activities of the national preventive mechanism, a Coordinating Council is being established under the Commissioner for Human Rights.
The members of the Coordinating Council, with the exception of the Commissioner for Human Rights, are elected by a commission established by the Commissioner for Human Rights from among the citizens of the Republic of Kazakhstan.
The Commissioner for Human Rights approves:
1) Regulations on the Coordinating Council under the Commissioner for Human Rights;
2) the procedure for selecting participants of the national preventive mechanism;
3) the procedure for forming groups of participants of the national preventive mechanism for preventive visits;
4) guidelines for preventive visits;
5) the procedure for preparing the annual consolidated report on the results of preventive visits.
The Coordinating Council cooperates with the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the United Nations Committee against Torture.
As part of their activities, the participants of the national preventive mechanism visit:
- institutions and bodies executing punishments;
- organizations for compulsory treatment (specialized TB organizations, psychiatric hospitals for the use of compulsory medical measures (for compulsory treatment, a general psychiatric hospital, a specialized psychiatric hospital, a specialized psychiatric hospital with intensive supervision);
- organizations that perform functions to protect the rights of the child;
- drug treatment organizations for compulsory treatment;
- special facilities and facilities that provide temporary isolation from society;
- juvenile adaptation centers, special education organizations, educational organizations with special conditions of detention;
- other organizations determined by the laws of the Republic of Kazakhstan to be visited by these participants.
A member of the national preventive mechanism has the right to:
1) to receive information on the number of persons held in organizations subject to preventive visits, the number of such organizations and their location;
2) have access to information regarding the treatment of persons held in organizations subject to preventive visits, as well as the conditions of their detention;
3) carry out preventive visits in accordance with the established procedure as part of the formed groups;
4) conduct interviews with persons held in organizations subject to preventive visits and (or) their legal representatives without witnesses, in person or, if necessary, through an interpreter, as well as with any other person who, in the opinion of a participant in the national preventive mechanism, can provide relevant information;
5) freely choose and visit organizations subject to preventive visits;
6) to receive reports and complaints about the use of torture and other cruel, inhuman or degrading treatment or punishment.
A member of the national preventive mechanism is independent in carrying out legitimate activities.
State bodies and their officials assist the participants of the national preventive mechanism in carrying out their legitimate activities.
The objective side of the offense is to obstruct the activities of participants in the national preventive mechanism, as well as interference in these activities.
Obstruction involves the provision of counteraction, committed using official position. It may be expressed in the failure to provide the required information, an unmotivated refusal of a preventive visit, or the creation of other problems and difficulties. For example, by a decision of the specialized interdistrict administrative court of the city of Shymkent, S. was brought to administrative responsibility under Article 507 of the Administrative Code. He is charged with the fact that, as the chief physician of a closed–type medical institution, on February 4, 2016, he refused to allow representatives of the South Kazakhstan branch of the Kazakhstan International Bureau for Human Rights and Rule of Law to visit this institution.
Interference means exerting influence on the participants of the national preventive mechanism to achieve the desired result, committed using official position. It can be expressed in the form of threats, persuasion, requests, blackmail, or other pressure. In order to recognize such interference as an administrative offense, it is necessary that this act entail a significant violation of the rights and legitimate interests of participants in the national preventive mechanism.
The subject of the offense is an official. Officials are recognized as persons who, permanently, temporarily, or by special authority, perform or were performing at the time of the commission of an administrative offense the functions of a government representative, or who were performing or were performing at the time of the commission of an administrative offense organizational, administrative, or economic functions in state institutions, quasi-public sector entities, and local governments.
The subjective side is characterized by an intentional form of guilt.
The decision to initiate cases of administrative offenses under Article 507 of the Administrative Code is made by the prosecutor (Part 1 of Article 805 of the Administrative Code).
Cases of these administrative offenses are considered by judges of specialized district and equivalent administrative courts (Part 1 of Article 684 of the Administrative Code).
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
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
