LANGUAGE
Last updated: March 6th 2020

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Advertising distributor
Fine, Other
Enforcement Agency

Local executive agency

Analysis

The Law on Advertising holds the "advertising distributor" responsible for the time, place, method of distribution and placement of advertising. The "advertiser" is responsible for language and content. As tobacco advertising and promotion provisions deal with time, place, placement and method, the advertising distributor is responsible for violations of these provisions.

In the event of a violation, the Law on Advertising requires the immediate cessation of the advertising and the placement of a retraction by the same method of advertising as the violation.

The Code on Administrative Offenses subjects violators to fines as follows: 1) individuals: 50 to 100 monthly calculation indices (MCI), 2) small and mid-size businesses and non-profit organizations: 100 to 150 MCI, 3) large businesses: 200 to 400 MCI. For repeat offenses within one year: 1) individuals: 100 to 150 MCI, 2) small and mid-size business and non-profits: 200 to 300 MCI, 3) large businesses: 400 to 600 MCI and the suspension of the media license for up to three months. The current monthly calculation index is set at 2121 Tenge (equivalent to US $6.10).

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, including higher penalties for repeat offenses.

Law Source, Section
Code of the Republic of Kazakhstan on Administrative Offenses
Art. 349

Sponsorship

Individuals or businesses
Fine
Enforcement Agency

Local executive agency

Analysis

The Code on Administrative Offenses subjects violators to fines as follows: 1) individuals: three monthly calculation indices (MCI), 2) small and mid-size businesses and non-profit organizations: five to 8 MCI, 3) large businesses: 20 MCI. For repeat offenses within one year: 1) individuals: five MCI, 2) small and mid-size business: 10 to 15 MCI, 3) large businesses: 40 MCI and the suspension of the media license for up to three months. The current monthly calculation index is set at 2121 Tenge (equivalent to US $6.10).

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, including higher penalties for repeat offenses. However, these penalties are significantly lower than the penalties provided for advertising offenses.

Law Source, Section
Code of the Republic of Kazakhstan on Administrative Offenses
Arts. 199.3, 199.4