Cases of minors Performed by: Dinassil Zh. Kulzhanisova A. Zaidolla T Checked by: Nussipova A.U.
n accordance with the requirements of the norms (Articles 20, 24, 48 and 50) of the Law of the Republic of Kazakhstan "On the Rights of the Child in the Republic of Kazakhstan", every child is obliged to observe the Constitution and legislation of the Republic of Kazakhstan, to respect the rights, freedoms, honor and dignity of other persons, symbols of the Republic, take care of disabled parents, preserve historical and cultural heritage, preserve historical and cultural monuments, preserve nature and take care of natural resources.
In turn, parents or other legal representatives are obliged to create, within their abilities and financial possibilities, the living conditions necessary for the all-round development of the child.
Parents are required to bring up the child, care for him, keep him financially, care for his well-being, provide housing, and bear responsibility in accordance with the laws of the Republic of Kazakhstan. Meanwhile, the child who committed the unlawful act is liable in accordance with the laws of the Republic of Kazakhstan. So, in 2015, the Kentau GOVD instituted 3 criminal cases against 3 minors, of which 2 criminal cases - on the extortion of cell phones and money and 1 criminal case - on the theft of livestock. This is due to the fact that the situation on the streets and in schools creates a psychological climate for adolescents and contributes to the formation of an assessment of the criminal situation in a particular courtyard of the city, the school.
To the offenses that have recently become more frequent on the street are thefts, robberies, robberies, bodily harm, car theft, and in schools - mostly extortion of cell phones, money from junior classes, group fights between leaders of neighboring schools. Among the courtyards, schoolchildren fall under the influential education of previously convicted persons, the unemployed, who orient them to commit criminal offenses, thereby subsequently determining their capabilities in both physical and spiritual qualities, manipulating their behavior among other criminal persons to be drawn into criminal groups etc.
In accordance with Article 80 of the new Criminal Code of the Republic of Kazakhstan for the commission of a criminal offense, the criminal liability of minors is provided from the age of 14 for crimes such as murder, deliberate infliction of serious harm to health, rape, hooliganism, theft, robbery, robbery, extortion, an act of terrorism, a false report of an act of terrorism, vandalism, abuse of the bodies of the deceased and places of their burial. At the same time, article 140 of the Criminal Code of the Republic of Kazakhstan provides for criminal liability for non- fulfillment of obligations for the upbringing of a minor; a parent or other person who is entrusted with these duties, as well as a teacher or other employee of an educational institution responsible for supervising a minor, which has caused the use of alcohol, narcotic drugs, psychotropic substances, analogues or vagrancy or begging, or the commission of a deed, containing signs of a crime, intentional criminal offense or an intentional administrative offense.
Also, the new Code of the Republic of Kazakhstan on Administrative Offenses provides for the administrative responsibility of parents and other legal representatives of minors. Thus, Article 127 of the Code provides for a fine of 7 MCI for the failure of parents or other legal representatives to fulfill the responsibility for the upbringing and education of under- age children. Article 132 of the Code provides for administrative liability in the form of a fine for individuals, small and medium-sized businesses 30 and 45 MCI, respectively, for assuming the presence of minors in entertainment facilities at night (from 22 to 6 am).
The presence of minors in entertainment establishments at night without accompanying legal representatives (from 22 to 6 am) entails a fine for legal representatives in the amount of three monthly calculation indicators. The presence of minors unaccompanied by legal representatives outside the home (from 23 to 6 am) entails a warning to legal representatives. The actions provided for in parts 1 and 2 of this article, committed repeatedly within a year after the imposition of an administrative penalty, entail a fine on legal representatives in the amount of fifteen monthly calculation indicators (art.442 of the RAC).
The administrative penalty for parents in the amount of 5 MCI is imposed according to Art. 404 of the Administrative Code for the appearance in public of minors in a state of intoxication, as well as the drinking of alcoholic beverages. One of the measures of administrative influence on the prevention of juvenile delinquency is the imposition of fines on their parents for petty hooliganism (obscene language in public places, insulting individuals, contamination of public places, the release of municipal waste in unidentified places), a deliberately false call special services in the amount of 7 and 15 MCI, respectively.
Merci for your attention!