Almaty police comments on banning sex from cars 30 мая 2012, 17:36
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Having sex in a car parked in a public area is considered a violation of public order and is qualified as Disorderly Conduct in Kazakhstan, the press-service of Almaty Interior Department told Tengrinews.kz.
According to law-enforcement authorities, persons having sex in a car, show impudence and disrespect to people, neglect of universally recognized ethics and social rules of conduct. However, such definition of the sexual behavior only covers the cars parked in public areas. What complicates the matter is that there is no clear territory differentiation between public and non-public areas. The press-service states that the whole territory of the city is a public area, while the mountains, except for crowded areas (Medeu, Shymbulak) are not considered public.
The penalty for such violation varies from 5,000 to 32 thousand tenge ($33 to $216) fine or an arrest for up to 15 days. However, no cases of “illegal sex” were registered in 2011 and 2012. The press-service also notes that proper parking is also considered in such cases. Besides, any police officer has a right to illuminate the parked car with a flashlight and ask the people inside to get out of the car to make sure that public order is maintained and crimes are prevented.
The policemen do not deny the fact that the cars are considered a private property, however "according the Kazakhstan Civil Code, observance of the owner’s rights shall not violate the rights and legally protected interests of other persons and the state,” they say. Besides, the message states that the wide spread opinion that the sexual behavior is considered a violation of the order only if it directly affects or disturbs other people is wrong. Thus, law-enforcement authorities can initiate administrative proceedings against the persons violating the rules is the are found out by the police, of it the police receives complaints or other materials.
Driving without clothes can also be qualified as a violation of public order. Almaty Road Police Department states that in case a person drives a car without clothes on, the road police officer has a right to apprehend him. The officer, however, will not assign a penalty for such driver, but will transfer the case to the person's local police inspector.
By Vladimir Prokopenko