Journalists of newspaper "Uralskaya Nedelya" were charged with arbitrariness
14 august 2013
August 14, 2013
The photo of Raul Uporov which was posted on website www.uralsweek.kz (in particular, action "Akim (Governor) was asked a question" of journalists of the newspaper "Uralskaya Nedelya") was regarded by policemen as arbitrariness. Policemen of Abay Department of Internal Affairs (Uralsk) have drawn up administrative protocol with regard to correspondents and driver of the newspaper "Uralskaya Nedelya" Talgar Umarov, Turar Tulegenov, Raul Uporov and Michael Ishutin for the commitment of administrative offence under article 357 "Arbitrariness" of Code of Administrative Offences of the Republic of Kazakhstan. The lawsuit upon this case will be held on August 14, 2013.
The Department of Internal Affairs (West Kazakhstan Oblast) has distributed a press release with the following information: "On August 13, 2013 police officers of Department of Internal Affairs received information on unknown persons, who drove life-size cardboard cutout road oblast akim (governor) on a car and molested to street walkers with inadequate request to ask different questions for life-size cardboard cutout road oblast akim (governor). Police officers detained correspondents and driver of the local newspaper "Uralskaya Nedelya" Talgar Umarov, Turar Tulegenov, Raul Uporov and Michael Ishutin in city park of Uralsk during control of this information".
Policemen referred to article 145 "The Right to Own Picture" of Civil Code of the Republic of Kazakhstan. Nobody shall have the right to use the image of a person's face without his consent, and in the case of his death, - without the consent of his inheritors. They explained, that Akim (Governor) of West Kazakhstan Oblast N. Nogayev did not give his consent; they started administrative proceedings. In their's opinion, journalists with their actions, journalists suffered moral damage to N. Nogayev and restricted his rights and freedoms guaranteed by legislative acts of the Republic of Kazakhstan.
Commentary of "Adil Soz":
Arbitrariness that is illegal, contrary to order established by law any act, commitment by a person, the validity of which is disputed by another person or organization, if such action has no sign of a criminal offence under article 357 of Code of Administrative Offences of the Republic of Kazakhstan.
The collection of information in terms of public opinion poll is a professional activity of journalists and it contravenes to article 20 of Constitution of the Republic of Kazakhstan and articles 20 and 21 of law "On Mass Media" of the Republic of Kazakhstan. The legislation of the Republic of Kazakhstan has no restrictions in the variety of forms of receiving of information, except for, for a example, violence, threat and etc.
The reference of policemen to violation of the right to own picture of N. Nogayev improper, because this right should be protected by akim (governor) individually in civil order.
The photo of Raul Uporov which was posted on website www.uralsweek.kz (in particular, action "Akim (Governor) was asked a question" of journalists of the newspaper "Uralskaya Nedelya") was regarded by policemen as arbitrariness. Policemen of Abay Department of Internal Affairs (Uralsk) have drawn up administrative protocol with regard to correspondents and driver of the newspaper "Uralskaya Nedelya" Talgar Umarov, Turar Tulegenov, Raul Uporov and Michael Ishutin for the commitment of administrative offence under article 357 "Arbitrariness" of Code of Administrative Offences of the Republic of Kazakhstan. The lawsuit upon this case will be held on August 14, 2013.
The Department of Internal Affairs (West Kazakhstan Oblast) has distributed a press release with the following information: "On August 13, 2013 police officers of Department of Internal Affairs received information on unknown persons, who drove life-size cardboard cutout road oblast akim (governor) on a car and molested to street walkers with inadequate request to ask different questions for life-size cardboard cutout road oblast akim (governor). Police officers detained correspondents and driver of the local newspaper "Uralskaya Nedelya" Talgar Umarov, Turar Tulegenov, Raul Uporov and Michael Ishutin in city park of Uralsk during control of this information".
Policemen referred to article 145 "The Right to Own Picture" of Civil Code of the Republic of Kazakhstan. Nobody shall have the right to use the image of a person's face without his consent, and in the case of his death, - without the consent of his inheritors. They explained, that Akim (Governor) of West Kazakhstan Oblast N. Nogayev did not give his consent; they started administrative proceedings. In their's opinion, journalists with their actions, journalists suffered moral damage to N. Nogayev and restricted his rights and freedoms guaranteed by legislative acts of the Republic of Kazakhstan.
Commentary of "Adil Soz":
Arbitrariness that is illegal, contrary to order established by law any act, commitment by a person, the validity of which is disputed by another person or organization, if such action has no sign of a criminal offence under article 357 of Code of Administrative Offences of the Republic of Kazakhstan.
The collection of information in terms of public opinion poll is a professional activity of journalists and it contravenes to article 20 of Constitution of the Republic of Kazakhstan and articles 20 and 21 of law "On Mass Media" of the Republic of Kazakhstan. The legislation of the Republic of Kazakhstan has no restrictions in the variety of forms of receiving of information, except for, for a example, violence, threat and etc.
The reference of policemen to violation of the right to own picture of N. Nogayev improper, because this right should be protected by akim (governor) individually in civil order.
