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.
Year of release:
2026
Number of the journal:
2(102)
Heading: Law
English
Русский
Қазақ