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Administrative responsibility for petty hooliganism: problems of legal uncertainty of the elements of the offense

Annotation:

In the law enforcement practice of the Republic of Kazakhstan, there is acute legal uncertainty regarding the elements of petty hooliganism (Article 434 of the Administrative Offenses Code of the RK). The lack of legal definitions for the concepts of «obscene language» and «offensive harassment,» along with the blurred boundaries of a «public place» in the digitalization era, leads to a broad interpretation of the norm, confusion with adjacent offenses, and the use of the article as a censorship tool, creating a «chilling effect» on freedom of speech and artistic expression. A comprehensive study of the fundamental problems of the legal uncertainty surrounding the elements of petty hooliganism to identify defects in legislative drafting and to develop scientifically grounded recommendations to overcome them. The documentary basis consisted of a comprehensive analysis of national (Administrative Offenses Code, Criminal Code of the RK) and foreign legislation (Administrative Offenses Code of the Russian Federation), acts of judicial interpretation, doctrinal sources, and reports from international human rights organizations (Amnesty International, HRW). Formal-logical, comparativelegal, and systemic-structural methods were applied. Deep subjectivism was revealed in the qualification of the objective side of the act. It has been established that the mechanical tightening of sanctions without detailing the conceptual apparatus provokes unlawful arrests and erases the demarcation lines between petty hooliganism, domestic conflicts, and commercial harassment. The critical need to legalize terminology (with the mandatory establishment of direct hooligan intent), strictly differentiate adjacent administrative offenses, and strengthen judicial control has been proven. The implementation of these measures will ensure a balance between protecting public order and strictly observing the constitutional rights of citizens.

Open article
Year of release: 2026
Number of the journal: 2(102)
Heading: Law