Commentary to article 73-1. Intentional infliction of minor harm to health  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Intentional infliction of minor harm to health, resulting in a short-term health disorder or minor permanent loss of general ability to work, –

     entails a fine in the amount of fifteen monthly calculation indices or administrative arrest for up to fifteen days.

     2. The actions provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –

     they entail administrative arrest for up to twenty days.

     3. The actions provided for in the second part of this Article, committed by persons to whom administrative arrest in accordance with the second part of Article 50 of this Code does not apply, –

     they entail a fine in the amount of forty monthly calculation indices.

     Part 1. In 2014, when four main codes (CC, CPC, Administrative Code, PEC) were adopted at once, this offense was fixed in the Criminal Code in art. 108.  

     In 2017, the Law of the Republic of Kazakhstan dated July 3, 2017 "On Amendments and additions to certain legislative acts of the Republic of Kazakhstan on improving the law enforcement system" decriminalized this act and transferred it to the Administrative Code, the responsibility for which is established in the commented Article 73-1.

     The direct object of this administrative offense is health, the legal protection of which originates from the Constitution of the Republic of Kazakhstan.  

     The objective side of this offense has a number of constructive features.  

     In accordance with the Code of the Republic of Kazakhstan dated September 18, 2009 "On the health of the people and the healthcare system", the term "health" refers to a state of complete physical, spiritual (mental) and social well-being, and not only the absence of diseases and physical defects.

     In a general sense, harm to health is understood as a violation of the anatomical integrity of organs (tissues) or their physiological functions (bodily injuries), or diseases or pathological conditions resulting from the effects of various environmental factors: mechanical, physical, chemical, biological, psychogenic, as well as the consequences resulting from defects in medical care. that led to a health disorder or death.

     In accordance with the Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484 "On approval of the Rules for the organization and conduct of forensic examinations and research in forensic examination bodies", two types of work capacity are distinguished.:  

     general ability to work is a set of innate and acquired human abilities for action aimed at obtaining a socially significant result in the form of a certain product, product or service.;  

     Professional ability to work is the ability to work in one's profession or another profession of equal pay and qualifications.

     In turn, a health disorder is understood as a condition of the body in which clinically pronounced painful changes of a local and (or) general nature are detected due to a specific injury or disease - when there is a violation of the anatomical integrity or physiological function of organs.

     According to the disposition of part 1 of art. 73-1 of the Administrative Code, the composition of this administrative offense covers general disability.

     The constructive element of this composition is the period of disability and disability.

     As a rule, signs of mild harm to health are:

     1) short–term health disorder - for a period of no more than three weeks – no more than 21 days;

     2) minor permanent loss of general disability – less than 10 percent.

     An assessment of the severity of the damage caused to health is carried out by an expert within the framework of a forensic medical examination through a medical examination.

     An examination of the severity of the injury can also be carried out based on medical documents (inpatient patient's card, outpatient patient's card and other medical documents) if there is a complete package of documents containing comprehensive data on the nature of the injury and its clinical course.

     Serious harm to health can be caused by both action and inaction.

     It is mandatory to establish a causal relationship between harm to health and a health disorder or disability. For example, the composition of an administrative act provided for in art. 73-1 of the Administrative Code will not be formed if, after receiving a hematoma of the facial part, a person was treated for a viral disease.

     Hence the conclusion that the commented composition is material, i.e. socially dangerous consequences are necessary.

     The subject of this offense is a common one, i.e. a sane individual who has reached the age of sixteen at the time of the commission of the administrative offense.

     The subjective side can only be expressed in intent, i.e. the perpetrator must be aware of the socially dangerous nature of his actions and anticipate the onset of harm.

     Part 2 of the commented norm provides for liability for committing a similar offense repeatedly during the year. In this case, the specified period begins to be calculated from the moment of imposition of an administrative penalty for its first commission.

     For committing an administrative offense, the penalty is provided in the form of arrest for up to 20 days.

     Part 3 of the commented norm establishes the responsibility of a separate category of guilty persons, to whom administrative penalties in the form of arrest are not applied. These are:  

     - pregnant women;

     -women with children under the age of fourteen;

     -persons under the age of eighteen;

     -disabled people of groups 1 and 2;

     - women over the age of fifty-eight;

     - men over sixty-three years old;

     - men who raise children under the age of fourteen alone.

     For these categories of persons, liability for causing minor harm to health occurs under Part 3 of Article 73-1 of the Administrative Code, and administrative penalties are imposed in the form of a fine in the amount of forty monthly calculation indices.

     With a differentiated approach in the regulation of sanctions, it is not mandatory to apply a fine when committing this offense. A striking example of this is the decision of the Zerendinsky district court of the Akmola region. Thus, the court found that citizen A., during a family quarrel that arose, deliberately struck his wife with his hand in the face and abdomen, thereby causing minor harm to her health. By a court decision, citizen A. was found guilty of committing an administrative offense under Part 1 of art. 73-1 of the Administrative Code ("Intentional infliction of minor injury to health") and was subjected to administrative arrest for a period of 3 days.

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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