Commentary to article 675. Illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms -

     entails a fine for individuals in the amount of five, for legal entities in the amount of twenty-five monthly calculation indices, with confiscation of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms.

     2. The same action performed by a legal entity licensed to carry out security activities in connection with the implementation of this activity, -

     entails a fine on legal entities in the amount of thirty monthly calculation indices with confiscation of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms.

     3. Illegal wearing (use) of special clothing by an employee of a private security organization who holds the position of a security guard, -

     entails a fine on individuals in the amount of five monthly calculation indices with confiscation of special clothing.

     The general object of the administrative tort under consideration is public relations arising in the sphere of functioning of public authorities.  

     The activities of each state, regardless of the form of government, are provided by certain institutions of state power, which, in turn, are protected by the state. In turn, the current legislation of the Republic of Kazakhstan provides for a number of national measures aimed at ensuring national security. The main responsibility for the implementation of such measures lies with State paramilitary organizations and law enforcement agencies, the distinguishing features of which are the legal right to wear uniforms with insignia.  

     Thus, the generic object of the offense in question is the order of wearing (using) clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms.

     The objective side of part 1 of the act in question is expressed in the form of an action – the illegal wearing and use of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms, which allows the offender to gain the trust of citizens, representatives of government and commercial structures, mislead them, and sometimes use uniforms in for criminal and other personal purposes.  

     Illegal carrying and use in the context of the article under consideration should also be understood as the commission of these actions contrary to the Rules established by the legislation of the Republic of Kazakhstan.

     According to paragraph 15 of Article 1 of the Law of the Republic of Kazakhstan dated February 16, 2012 No. 561-IV "On military service and the status of military personnel", uniforms approved by the President of the Republic of Kazakhstan with insignia and distinctions (uniforms) and equipment that determine whether military personnel belong to the Armed Forces, other troops and military formations are recognized as military uniforms.

     The rules of wearing military uniforms are regulated by the Order of the Minister of Defense of the Republic of Kazakhstan dated August 24, 2017 No. 476.

     In accordance with Article 21 of the Law of the Republic of Kazakhstan "On Law Enforcement Service" dated 06.01.2011, in order to reflect the employee's affiliation to the law enforcement service, uniforms and insignia are established for special ranks, class ranks or qualification classes of employees, depending on the law enforcement agency in which the employee serves.

     The description, insignia, order of wearing and standard of provision of uniforms are determined by the legislation of the Republic of Kazakhstan, depending on the type of law enforcement agency. In accordance with Article 3 of the Law "On Law Enforcement Service", law enforcement agencies include the Prosecutor's Office, internal affairs, anti-corruption service and the Economic Investigation Service, which carry out their activities in accordance with the legislative acts of the Republic of Kazakhstan.

     The next type of uniform, for which Rules are provided for wearing and using, is special clothing. Thus, according to paragraph 4 of Article 15 of the Law "On Security Activities", employees holding the position of a security guard in private security organizations carry out security activities in special clothing indicating their affiliation to the subject of security activities.

     In turn, the rules for wearing uniforms are regulated by the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan dated February 23, 2015 No. 142 "On approval of samples of special clothing and Rules for its wearing by employees of private security organizations holding the position of a security guard."

     Regarding the first part of the article, the objective side is covered by actions related to the illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms.  

     The subject of an administrative offense provided for in part 1 of the article in question is both an individual and a legal entity.  

     As an example of the administrative offense under consideration, we would like to point out the case of the prosecution of citizen N. by the specialized administrative court of the city of Uralsk. Thus, the court, having considered the administrative case under art. 675 Part 1 of the Administrative Code, found the offender guilty, who was subsequently subjected to administrative punishment in the form of a fine of 5 MCI (10 605 tenge), with confiscation of special uniforms. According to the case file, the woman was detained for illegally wearing special uniforms - police uniforms.

     The subjective side of the administrative offense provided for in Part 1 of Article 675 of the Administrative Code is clearly intentional, since the person committing this offense is aware of the illegality and illegality of his actions, anticipates their harmful consequences and desires their occurrence.

     The objective side of part 2 of the act in question is expressed in the form of an action – the illegal use of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms by a legal entity licensed to carry out security activities.

     The subject of part 2 of Article 675 of the Administrative Code may involve only a legal entity licensed to carry out security activities. According to Article 5 of the Law "On Security Activities", security activities are subject to licensing in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Permits and Notifications", taking into account the specifics provided for by this Law. Legal entities that do not have a license to carry out security activities are prohibited from providing security services.

     The subjective side of the actions provided for in part 2 of the article in question may be expressed as intent or negligence. Negligence in this case can be represented by recklessness, when the offender foresaw the possibility of harmful consequences of his action, but without sufficient reason thoughtlessly counted on their prevention or did not foresee the possibility of such consequences, although with due care and foresight he should have and could have foreseen them.  

     The objective side of the act provided for in Part 3 of the article in question provides for actions to illegally wear (use) only special clothing of an employee of a private security organization holding the position of a security guard.

     The subject. According to part 3 of the article in question, only individuals are held liable. Thus, it is prohibited to wear special uniforms by persons engaged in security activities, but who are not employees of a private security organization. As an example, let's give the following fact: "in 2017, a citizen of Kazakhstan, a resident of Talshik village of Akzhar district, paid a fine of more than 10 thousand tenge for wearing special clothing. Working as a simple watchman, the man wore clothes designed specifically for guards with the inscription "Kuzet".

     It should be noted that Part three was introduced into Article 675 of the Administrative Code in 2016, in accordance with the Law of the Republic of Kazakhstan dated 22.12.16 № 28-VI. Another example is bringing individuals to justice in the Kyzylorda region. Thus, in order to implement the requirements of the law, since the beginning of 2017, employees of the Department for Security Control of the Department of Internal Affairs of the Kyzylorda region, together with district police inspectors, have been conducting explanatory work on amendments and additions to the Code of Administrative Offenses of the Republic of Kazakhstan, which provides for administrative liability for the unlawful wearing of a guard's uniform by persons who do not work in security agencies.

     The subjective side of the actions provided for in part 3 of the article in question may be expressed as intent or negligence. The intent provides that the offender is aware that wearing (using) special clothing of an employee of a private security organization who holds the position of a security guard is illegal, however, he anticipates the onset of harmful consequences and wants them to occur, or consciously allows them, or may be indifferent to them.

The subject. According to part 3 of the article in question, only individuals are held liable. Thus, it is prohibited to wear special uniforms by persons engaged in security activities, but who are not employees of a private security organization. As an example, let's give the following fact: "in 2017, a citizen of Kazakhstan, a resident of Talshik village of Akzhar district, paid a fine of more than 10 thousand tenge for wearing special clothing. Working as a simple watchman, the man wore clothes designed specifically for guards with the inscription "Kuzet".

     It should be noted that Part three was introduced into Article 675 of the Administrative Code in 2016, in accordance with the Law of the Republic of Kazakhstan dated 22.12.16 № 28-VI. Another example is bringing individuals to justice in the Kyzylorda region. Thus, in order to implement the requirements of the law, since the beginning of 2017, employees of the Department for Security Control of the Department of Internal Affairs of the Kyzylorda region, together with district police inspectors, have been conducting explanatory work on amendments and additions to the Code of Administrative Offenses of the Republic of Kazakhstan, which provides for administrative liability for the unlawful wearing of a guard's uniform by persons who do not work in security agencies.

     The subjective side of the actions provided for in part 3 of the article in question may be expressed as intent or negligence. The intent provides that the offender is aware that wearing (using) special clothing of an employee of a private security organization who holds the position of a security guard is illegal, however, he anticipates the onset of harmful consequences and wants them to occur, or consciously allows them, or may be indifferent to them.

     Negligence in this case can be represented by recklessness, when the offender foresaw the possibility of harmful consequences of his action, but without sufficient reason thoughtlessly counted on their prevention or did not foresee the possibility of such consequences, although with due care and foresight he should have and could have foreseen them. At the same time, the person does not regard his actions as socially dangerous, although he is aware that they violate certain rules.

     It should be noted that in accordance with the Law of the Republic of Kazakhstan dated April 12, 2004 No. 544-II "On Regulation of trade activities" it is prohibited to sell goods related to items of military or special uniforms, uniforms, insignia of military personnel of the Armed Forces, other troops and military formations, law enforcement officers, special government agencies, according to the list approved by the authorized body, with the exception of purchases under the state defense order. However, such an act (sale) should be qualified under Article 196 of the Administrative Code, despite the fact that uniforms are used for the purpose of sale.

     Based on part 1 of Article 684 of the Administrative Code, cases of this type of offense are subject to consideration by judges of specialized district and equivalent administrative courts.

     According to Article 804 of the Administrative Code, the protocol on this offense is as follows:  

     - in accordance with paragraph 1 of Part 1 - internal affairs bodies;

     - in accordance with Part 3, paragraph 4 - officials of the State Security Service of the Republic of Kazakhstan during security measures.

     Also, in accordance with Article 804 of the Administrative Code, the prosecutor issues a decision to initiate proceedings on an administrative offense under Article 675 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