On Administrative Infractions
Unofficial translation
The Code of the Republic of Kazakhstan dated 5 July 2014 No. 235-V
Unofficial translation
Footnote: Through the whole text of the Code:
the words “tax body”, “tax bodies”, “in a tax body”, “body of tax service”,
“bodies of tax service” are substituted by the words “state revenues body”, “state
revenues bodies”, “in the state revenues body”; the words “customs body”, “customs
bodies” are substituted by the words “state revenues body”, “state revenues bodies” in
accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall
be enforced from 01.01.2015).
SECTION 1. GENERAL PROVISIONS
Chapter 1. LEGISLATION ON ADMINISTRATIVE INFRACTIONS
Article 1. Legislation of the Republic of Kazakhstan on
administrative infractions
1. Legislation of the Republic of Kazakhstan on administrative infractions
consists of this Code.
2. This Code is based on the Constitution of the Republic of Kazakhstan, generally
accepted principles and rules of international law.
3. International contractual and other obligations of the Republic of Kazakhstan,
as well as regulatory resolutions of the Constitutional Council and Supreme Court of the
Republic of Kazakhstan regulating administrative delictual legal relations that are the
component part of the legislation on administrative infractions.
4. International treaties ratified by the Republic of Kazakhstan shall have a
priority before this Code and shall be applied directly, except for the cases when it
follows from the international treaty that for its application the issuance of the law
is required. If international treaty ratified by the Republic of Kazakhstan establishes
other rules than those provided by the legislation of the Republic of Kazakhstan on
administrative infractions, the rules of the international treaty shall be applied.
Article 2. Basis for administrative liability
Basis for administrative liability is commission of the act containing all signs
of component elements of the infraction provided in the Special part of this Code.
Article 3. Force of the legislation of the Republic of
Kazakhstan on liability for administrative infractions in space 1. The person that committed administrative infraction in a territory of the
Republic of Kazakhstan shall be subject to liability according to this Code.
2. Administrative infraction committed in a territory of the Republic of
Kazakhstan shall be recognized as the act that was commenced or continued or was
completed in a territory of the Republic of Kazakhstan. Force of this Code shall also
apply to administrative infractions committed in a continental shelve and in exclusive
economic zone of the Republic of Kazakhstan.
3. The person that committed administrative infraction on a ship registered at a
port of the Republic of Kazakhstan and being in open water or air space outside the
borders of the Republic of Kazakhstan shall be subject to administrative liability
according to this Code, unless otherwise provided by the international treaty of the
Republic of Kazakhstan. According to this Code, the person that committed administrative
infraction on a warship or military aircraft of the Republic of Kazakhstan shall also
bear administrative liability independently from its location.
4. The issue on administrative liability of diplomatic representatives of foreign
states and other foreign persons that enjoy immunities in case of commission of the
infraction by these persons in a territory of the Republic of Kazakhstan shall be
resolved in accordance with the rules of international law.
Article 4. Force of the legislation of the Republic of
Kazakhstan on liability for administrative infractions in time
1. The person that committed administrative infraction shall be subject to
liability on the basis of the legislation being valid during commission of this
infraction.
2. Time of committing administrative infraction shall be recognized as the time of
carrying out the act provided by the Special part of this Code, independently from time
of ensuing of consequences.
Article 5. Retroactive force of the Law on
administrative infractions
1. The Law that mitigating or exempting administrative liability for
administrative infraction or otherwise improving position of a person that committed
administrative infraction shall have a retroactive force, in other words shall apply to
the infraction committed before entering of this Law into force and in respect of which,
the decree on imposition of administrative sanction is not performed.
2. The Law establishing or strengthening administrative liability for
administrative infraction or otherwise aggravating the position of a person shall not
have a retroactive force.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 2. TASKS AND PRINCIPLES OF THE LEGISLATION ON
ADMINISTRATIVE INFRACTIONS
Article 6. Tasks of the legislation on
administrative infractions
1. Legislation on administrative infractions is tasked with protection of rights,
freedoms and legal interests of a human and citizen, health, sanitary epidemiological
welfare of population, environment, public morality, property, public order and safety,
established order of carrying out the state power and state management, rights and
interests of organizations protected by the law from administrative infractions, as well
as prevention of their commission.
2. For carrying out of this task, the legislation on administrative infractions
shall establish the grounds and principles of administrative infraction, determines
which acts are administrative infractions and types of sanctions imposed for their
commission, as well as which administrative sanction, by which state body (civil
servant) and in which manner may be imposed on a person that committed the
administrative infraction.
Article 7. Meaning of principles of the legislation on
administrative infractions
Meaning of principles of the legislation on administrative infractions is that
their violation depending on its character and essentiality entail recognition of the
accomplished proceeding on a case as invalid, revocation of decisions delivered in the
course of such proceeding or recognition of materials that are not valid as evidences
collected by this.
Article 8. Legality
1. Administrative infractions, measures of administrative sanction, measures of
supporting the proceeding on the case on administrative infraction and measures of
administrative legal effect shall be determined only by this Code. No one may be
subjected to administrative infraction, measures of administrative legal effect or
measures of supporting the proceeding on the case on administrative infraction otherwise
as on the basis and in the manner established by this Code.
2. Court, bodies (civil servants) being authorized to consider the cases on
administrative infractions upon proceeding on the cases on administrative infractions
shall be obliged to comply exactly the requirements of the Constitution of the Republic
of Kazakhstan, this Code, other regulatory legal acts mentioned in Article 1 of this
Code. The Constitution of the Republic of Kazakhstan shall have a supreme legal force
and direct force in the whole territory of the Republic of Kazakhstan. In case of
inconsistency between the rules established by the Law and the Constitution of the
Republic of Kazakhstan, the provisions of the Constitution shall be applied.
3. Courts shall not have the right to apply the Laws and other regulatory legal
acts derogating rights and freedoms of a human and citizen vested by the Constitution of
the Republic of Kazakhstan. If the court detects that the Law or another regulatory
legal act subjected to application derogates the rights and freedoms of a human and
citizen vested by the Constitution, it shall be obliged to suspend the proceeding on
case and refer to the Constitutional Council of the Republic of Kazakhstan with a
recommendation on recognizing this act as unconstitutional. Upon receipt of decision of
the Constitutional Council by the court, the proceeding on case shall be revived.
Decisions of courts and bodies (civil servants) being authorized to consider the
cases on administrative infractions based on the Law or another regulatory legal act
recognized as unconstitutional shall not be subject to execution.
4. Breach of the Law by a court, bodies (civil servants) being authorized to
consider the cases on administrative infractions upon proceeding on cases on
administrative infractions shall be inadmissible and entail the liability established by
the Law, recognition of adopted acts as invalid and their repeal.
Article 9. Equality before the Law and court
In the course of proceeding on the cases on administrative infractions, all are
equal before the Law and court. No one may be subjected to any discrimination based on
origin, social, official and property status, gender, race, nationality, language,
attitude to religion, convictions, residence places or by any other circumstances.
Article 10. Presumption of innocence
1. The person in respect of whom the case on administrative infraction is
initiated shall be considered guiltless, unless his (her) guilty is proved in the manner
provided by this Code and established by the decree of a judge, body (civil servant)
entered into legal force that considered the case within own powers.
2. No one is obliged to prove own guiltless.
3. Any doubts in guilty shall be interpreted in favor of a person in respect of
whom the case on administrative infraction is initiated. The doubts arising upon
application of the legislation on administrative infractions shall be also resolved in
his (her) favor.
Article 11. Principle of guilt 1. Individual shall be subject to administrative liability only for those
infractions in respect of which his (her) guilty is established. Objective opinion, in
other words, the administrative liability for guiltless infliction of harm by the
individual shall not be allowed.
2. Individual that committed the act intentionally or carelessly shall be
recognized guilty in administrative infraction.
Article 12. Inadmissibility of repeated bringing to
administrative infraction
No one may be brought to administrative infraction twice for one and the same
infraction.
Article 13. Principle of humanism
Administrative sanction applied to a person that committed infraction may not be
aimed at infliction of physical sufferings or abasement of human dignity.
Article 14. Personal immunity
1. No one may be subjected to administrative detention, bringing, delivery to
internal affairs bodies (police) or other state bodies, personal inspection and
inspection of the items of property being at individual or other measures of supporting
proceeding on the case on administrative infraction other than on the grounds and in the
manner established by this Code.
2. Administrative arrest as a measure of administrative sanction may be imposed
only under decree of a judge in cases and in the manner established by this Code.
3. Each detained person, subjected to bringing, delivered to the internal affairs
bodies (police) or other state body shall be informed immediately on the grounds for
detention, bringing, delivery, as well as legal classification of the administrative
infraction, the commission of which is charged with him (her).
4. State body (civil servant) shall be obliged to release immediately a person
being detained, subjected to bringing, delivery unlawfully or being under administrative
arrest in excess of the term provided by the decree of a judge.
5. No one of those persons participating in a case on administrative infraction
may be subject to tortures, violence, cruel treatment or degrading human dignity.
6. Commission of the actions in the process of proceeding on the case on
administrative infraction against the will of a person or his (her) representative,
violating personal immunity shall be possible only in cases and in the manner provided
directly by this Code.
7. Detention of a person in respect of whom the administrative arrest is elected
as a measure of administrative sanction, as well as person being subjected to
administrative detention shall be carried out in conditions excluding a threat of his
(her) life and health.
8. Harm inflicted to an individual in a result of illegal administrative arrest,
detention in conditions being harmful for life and health, cruel treatment with him
(her) shall be subject to compensation in the manner provided by the Law.
Article 15. Respect of honor and dignity of person
1. Upon proceeding on cases on administrative infractions, the decisions and
actions degrading honor or derogating dignity of a person participated in the case shall
be prohibited, the collection, use and distribution of details on private life, and
equally details of personal and business character that the person considers necessary
to keep in secret shall not be allowed for the purposes not provided by this Code.
2. Moral damage inflicted to a person in the course of proceeding on the cases on
administrative infractions by illegal actions of a court, other state bodies and civil
servants shall be subject to compensation in the manner established by the Law.
Article 16. Inviolability of private life and
protection of secret
Private life, personal, family, commercial and other secret protected by the Law
shall be under the protection of the Law. Everyone shall have the right to secrecy of
personal contributions and funds, correspondence, postal, telegraph and other messages.
Restriction of these rights in the course of proceeding on the case on administrative
infraction shall be allowed only in cases and in the manner established directly by the
Law.
Article 17. Inviolability of property
1. Property shall be guaranteed by the Law. No one may be deprived of own property
other than under the court decision.
2. Withdrawal of property and documents; removal from controlling transport
vehicles, small size vessels; detention of a transport vehicle, small size vessel;
survey of transport vehicles, small size vessels; inspection of territories, premises,
transport vehicles, goods, other property, as well as the relevant documents,
application of other measures of ensuring the proceeding on the case on administrative
infraction encroaching on the property may be performed only in cases and in the manner
provided by this Code.
Article 18. Independency of court (judge) and body
(civil servant) being authorized to consider the cases
on administrative infractions
Courts (judges) and bodies (civil servants) being authorized to consider the cases
on administrative infractions shall resolve them in conditions that exclude outside
influence on them. Any interference in activity of a court (judge) and body (civil
servant) being authorized to consider the case on administrative infractions shall be
inadmissible and entail the liability established by the Law.
Article 19. Release from obligation to give testimonies
1. No one shall be obliged to give testimonies against oneself, husband (wife) and
own close relatives, the circle of which is determined by the Law.
2. Churchmen shall not be obliged to testify against those who became confidential
with them in confession.
3. In cases provided by parts one and two of this Article, the mentioned persons
shall have the right to refuse from giving testimonies and may not be subjected to any
liability for this.
Article 20. Ensuring of rights to qualification
legal assistance
1. Everyone shall have the right to receive qualification legal assistance in the
course of administrative proceeding in accordance with provisions of this Code.
2. In cases provided by the Law, the legal assistance shall be rendered without
payment.
Article 21. Publicity of proceeding on the cases on
administrative infractions
1. Court, bodies (civil servants) being authorized to consider the cases on
administrative infractions shall carry out the proceeding on these cases on a public
basis.
2. In accordance with the Law, the closed proceeding shall be carried out in
respect of the cases containing details being the state secrets, as well as upon
satisfaction of a court, body (civil servant) being authorized to consider the cases on
administrative infraction, petition of a person participating in the case relating to
necessity of keeping a secrecy of adoption, preservation of personal, family, commercial
or another secrecy protection by the Law, details on intimacy of individuals or to other
circumstances impeding to public hearing.
3. Personal correspondence and personal telegraph messages of individuals may be
announced upon opened proceeding only with the agreement of the persons between which
there were correspondence and telegraph messages. Otherwise, the personal correspondence
and personal telegraph messages of these persons shall be announced and studied upon
closed proceeding. Mentioned rules shall be applied also upon study of photo- and cine
documents, sound- and video records, information on electronic carriers containing
details of personal character.
4. Persons participating in a case, and individuals attending upon opened
proceeding shall have the right to fix the course of the proceeding in written or with
the use of audio recording from the places taken by them in a premise where the
proceeding is carried out. Cine- and photo survey, video recording, radio, television
and internet broadcast in the course of proceeding shall be allowed under permission of
a court, body (civil servant) being authorized to consider the cases on administrative
infractions, considering the opinions of the persons participating in the case. These
actions shall not impede normal course of proceeding and may be restricted in time.
Article 22. Safety ensuring in the course of proceeding
Proceeding on the cases on administrative infractions shall be conducted in
conditions ensuring normal work of a court, body (civil servant) being authorized to
consider the cases on administrative infractions, and security of participants of the
proceeding. For the purpose of safety ensuring, the judge, civil servant may give an
order to conduct inspection of the persons willing to attend upon the proceeding on
case, including inspection of documents certifying their identity, personal inspection
and inspection of items of property carried by them.
Article 23. Freedom of contesting procedural decisions and
appeal of procedural actions
1. Force of the body (civil servant) being authorized to draw up minutes on the
cases on administrative infractions may be appealed, and the decisions of a court, body
(civil servant) being authorized to consider the cases on administrative infractions may
be contested in the manner established by this Code.
2. Person participating in a case shall have the right to review the decrees on
the cases on administrative infractions in the manner established by this Code.
3. Reversion of a claim to the damage of a person that filed the claim, or to the
damage of the person in behalf of whom it was filed shall not be allowed.
Article 24. Judicial protection of rights, freedoms and
legal interests of a person
1. Everyone shall have the right to judicial protection of own rights and
freedoms. Interested person shall have the right to go in court for protection of
violated or contested rights, freedoms or interests protected by the Law.
2. Prosecutor shall have the right to refer to the court with a suit (application)
for the purpose of carrying out of obligations imposed on him (her) and for protection
of the rights of individuals, organizations, public and state interests.
3. The court jurisdiction provided by the Law may be changed for no one, without
his (her) agreement.
4. Court shall be obliged to explain the right provided by part five of Article
683 of this Code to a legal representative of the person in respect of whom the
proceeding on the case on administrative infraction is conducted or injured party being
minors or those deprived of a possibility to exercise own rights according to own
physical or mental condition.
Section 2. ADMINISTRATIVE INFRACTION AND ADMINISTRATIVE
LIABILITY
GENERAL PART
Chapter 3. ADMINISTRATIVE INFRACTION
Article 25. Administrative infraction 1. Administrative infraction shall be recognized as an illegal, guilty
(intentional or careless) action or omission of an individual or illegal action or
omission of a legal entity for which this Code provides the administrative liability.
2. Administrative liability for infractions provided by Articles of the Special
part of this Code shall occur if these infractions upon own character do not entail
criminal liability in accordance with the legislation.
Article 26. Commission of administrative infraction
intentionally
Administrative infraction shall be recognized committed intentionally, if the
individual that committed it realized illegal character of own action (omission),
foresaw its harmful consequences and wished or admitted consciously occurrence of these
circumstances or referred to them indifferently.
Article 27. Commission of administrative infraction carelessly Administrative infraction shall be recognized committed carelessly, if the
individual that committed it foresaw a possibility of occurrence of harmful consequences
of own action (omission), but relied lightmindedly on their prevention without
sufficient grounds or did not foresee the possibility of occurrence of such
consequences, however upon proper attention and foresight should and could foresee them.
Chapter 4. ADMINISTRATIVE LIABILITY
Article 28. Persons subjected to administrative liability
They are shall be subject to administrative liability:
1) mentally competent individual that up to the date of completion or suppression
of an administrative infraction attained sixteen years;
2) legal entity.
Article 29. Legal insanity
Individual that during commission of illegal action provided by this Code was in a
condition of insanity, in other words could not realize actual character and danger of
own actions (omission) or manage by them due to chronicle mental disease, temporary
mental disorder, feeblemindedness or other diseased mental state shall not be subject to
administrative liability.
Article 30. Administrative liability of civil servants
Civil servant shall be brought to administrative liability upon condition of
commission of administrative infraction due to non-fulfillment or improper fulfillment
of the official obligations. In the absence of this circumstance, the civil servant
being guilty in commission of administrative infraction shall be subject to liability on
a common basis.
Note. Civil servants in this Code shall be recognized as persons that carrying out
or carried out the functions of a public officer permanently, temporary or on a special
power up to the date of commission of administrative infraction or performing or
performed organizational management or administrative economic functions in the state
institutions, subjects of quasi-public sector, bodies of local self-government up to the
date of commission of administrative infraction.
Article 31. Special aspects of administrative liability upon
fixation of infraction by special technical means
1. In case of fixation of administrative infraction by certified special
monitoring and test technical means and devices, the possessors (owners) of transport
vehicles shall be brought to administrative liability for administrative infractions in
the field of road traffic.
2. Possessor (owner) of a transport vehicle shall be released from administrative
liability for infractions committed with participation of this transport vehicle, if in
the course of inspection upon his (her) message or application the person in possession
of which it was at the moment of fixation of the infraction is established or it was
withdrawn in a result of illegal actions of other persons.
Note.
Owners of transport vehicles in Articles of this Code shall be recognized as
individuals owning the transport vehicle on the basis of the right of ownership, as well
as individuals to whom the transport vehicles belonging to individuals and legal
entities are transferred in temporary possession and use.
Certified special monitoring and test technical means and devices in Articles of
this Code shall be regarded as technical means and devices of supervision and fixation
of infractions, that passed metrological testing, photo-, video equipment, fixing a fact
and time of committing the infraction, type, brand, state registration number plate, as
well as speed and moving direction of the transport vehicle.
Article 32. Administrative liability of a military servant,
prosecutor and other persons to which the force of disciplinary
charters or special provisions is applied for commission of
administrative infractions by them
1. Military servants and draftees being at military trainings shall bear liability
for administrative infractions committed upon fulfillment of official publication
according to disciplinary charters, with the exception of cases provided by Articles 652
and 680 of this Code. Servants of special state and law enforcement bodies for
administrative infractions committed upon fulfillment of official obligations shall bear
liability in accordance with the regulatory legal acts regulating the order of servicing
in the relevant bodies.
2. For violation of regime of the State border of the Republic of Kazakhstan,
regime in point of passage across the State border of the Republic of Kazakhstan and
customs border of the Customs Union, legislation of the Republic of Kazakhstan in the
scope of protection of the state secrets, sanitary epidemiological welfare of
population, requirements of fire security, traffic rules, customs rules outside the
service place, legislation of the Republic of Kazakhstan on business accounting and
financial reporting, budget and tax legislation of the Republic of Kazakhstan,
legislation of the Republic of Kazakhstan on state procurements, rules of hunting,
fishing, other rules and norms of rational use and protection of natural resources of a
person mentioned in a part one of this Article, shall bear administrative liability on
common basis. Administrative sanctions in the form of deprivation of the right of
bearing and keeping firearms and cold arms and administrative arrest may not be applied
in respect of mentioned persons.
3. Administrative sanction in the form of administrative fine may not be applied
to military servants doing active military service, and cadets of military and special
educational institutions.
4. Bodies (civil servants) provided by the right to impose administrative
sanctions instead of imposing administrative sanctions to the persons mentioned in parts
one and three of this Article shall transfer materials on infractions to the relevant
bodies for resolution of the issue on bringing guilty persons to disciplinary liability.
Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated
07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V
(shall be enforced from 01.01.2015).
Article 33. Administrative liability of private notaries,
judicial enforcement agent, defence attorneys, individual
entrepreneur and legal entities 1. Private notaries, private officers of justice, defence attorneys, individual
entrepreneurs and legal entities shall be subject to administrative liability for
administrative infraction in cases provided by the Special part of this section.
2. Individual entrepreneur and legal entities shall be subject to administrative
liability for administrative infraction, if the act (action or omission) provided by the
Special part of this section was committed, sanctioned, approved by the body, person
carrying out the management functions of individual entrepreneur or legal entity
performing organizational and management or administrative and economic functions.
3. Structural subdivisions of a legal entity that are indepennotificationdent tax
payers and that committed administrative infractions in the field of tax assessment and
customs affairs shall bear administrative liability as legal entities.
4. Bringing of individual entrepreneurs and legal entities to administrative
liability shall release a worker of the individual entrepreneur and legal entity from
administrative infraction for such infraction.
Article 34. Administrative liability of foreign persons,
foreign legal entities and stateless persons 1. Foreign persons, foreign legal entities, their branches and representatives and
stateless persons that committed administrative infractions in a territory of the
Republic of Kazakhstan, as well as in a continental shelve of the Republic of Kazakhstan
shall be subject to administrative liability on common basis.
2. Structural subdivisions (branches and representatives) of foreign and
international non-profit non-governmental associations shall bear administrative
liability for the breach of the legislation of the Republic of Kazakhstan on public
associations as legal entities.
3. The issue on administrative liability for administrative infractions committed
in a territory of the Republic of Kazakhstan by diplomatic representatives of foreign
states and other foreign persons that enjoy immunities shall be resolved in accordance
with the rules of international law.
Chapter 5. CIRCUMSTANCES EXCLUDING ADMINISTRATIVE
LIABILITY
Article 35. Necessary defence
1. Commission of act provided by this Code in a condition of necessary defence,
i.e. upon defence of a person, dwelling place, property, land field and other rights of
defender or other persons, interests of a society of the state protected by the Law from
illegal offences by infliction of harm to offender, if there are no exceeding limits of
necessary defence, shall not be administrative infraction.
2. All the persons shall have the right to necessary defence in equal measure
independent from their professional or other special training and service position. This
right shall belong to a person independent from a possibility to avoid illegal offence
or request assistance from other persons or state bodies.
3. Exceeding limits of necessary defence shall be recognized as obvious non-
conformance of defence to character and level of hazard of the offence, in a result of
which the obviously excessive harm not caused by a situation is inflicted to offender.
Such excess shall entail administrative liability only in cases of intended infliction
of the harm.
4. The persons that exceeded the limits of necessary defence due to fear, fright
or confusion caused by illegal offence shall not be subject to administrative liability.
Article 36. Detention of a person that committed offence
1. Commission of act provided by this Code upon detention of a person that
committed illegal offence for bringing of this person to the state bodies and
suppression of a possibility of committing new offences by him (her) shall not be
recognized as administrative infraction, if there are no other opportunities to detain
such person by other means and if there are no exceeding limits required for these
measures.
2. Exceeding measures required for detention of a person that committed offence
shall be recognized as their obvious non-conformance to character and level of hazard of
the offence committed by the detained person and to circumstances of detention, when the
obviously exceeding harm not caused by situation is inflicted in respect of the persons
without necessity. Such exceeding shall entail administrative liability only in cases of
intentional infliction of harm.
3. Injured parties and other individuals shall have the right to detain a person
that committed offence, together with the specially authorized persons.
Article 37. Extreme necessity
1. Infliction of harm to interests protected by this Code in a condition of
extreme necessity, i.e. for elimination of hazard threatening directly to life, health,
rights and legal interests of such person or other persons, interests of a society or
the state, if this hazard might not be eliminated by other means and by this if there
are no exceeding limits of extreme necessity shall not be recognized as administrative
infraction.
2. Exceeding limits of extreme necessity shall be recognized as infliction of harm
obviously not conformed to character and level of threatened danger and situation, in
which the danger was eliminated when the harm equally or more essential that eliminated
was inflicted to the interests protected by the Law. Such exceeding shall entail
liability only in cases of intentional infliction of harm.
Article 38. Physical or psychic compulsion
1. Commission of the act provided by this Code in a result of physical or psychic
compulsion, if due to such compulsion the person might not manage own actions (omission)
shall not be recognized as administrative infraction.
2. Issue on administrative liability for infliction of the harm to interests
protected by the Code in a result of psychic compulsion, as well as in a result of
physical compulsion due to which the person preserved a possibility to manage own
actions, shall be resolved in consideration of provisions of Article 37 of this Code.
Article 39. Execution of an order or regulation
1. Commission of the act provided by this Code by a person that acted for
executing compulsory order or regulation shall not be recognized as administrative
infraction. The person that gave illegal order or regulation shall bear administrative
liability for commission of such act.
2. Persons that committed intentional administrative infraction for execution of
knowingly illegal order or regulation shall bear administrative liability on common
basis. Non-execution of knowingly illegal order or regulation shall exclude the
administrative liability.
Chapter 6. ADMINISTRATIVE SANCTION AND MEASURES OF
THE STATE LEGAL EFFECT
Article 40. Definition and purposes of administrative sanction
1. Administrative sanction is a measure of the state enforcement applied by the
judge, bodies (civil servants) authorized by the Law for commission of administrative
infraction, and consists in deprivation or restriction of the rights and freedoms of a
person that committed such infraction provided by this Code.
2. Administrative sanction shall be applied for the purpose of education of a
person that committed infraction, in the spirit of compliance with requirements of the
legislation and respect of a legal order, as well as prevention of committing new
infractions as the offender himself (herself), so by other persons.
3. Administrative sanction shall not be aimed at infliction of physical suffers to
a person that committed administrative infraction, or degrading his (her) human dignity,
as well as infliction of the harm to business reputation of a legal entity.
4. Administrative sanction shall not be the means of compensation for the property
damage. Harm inflicted by the administrative infraction shall be compensated in the
manner provided by Article 59 of this Code.
Article 41. Types of administrative sanctions
1. The following administrative sanctions may be applied for commission of
administrative infractions:
1) notification;
2) administrative fine;
3) confiscation of a subject being a tool or subject of committing administrative
infraction, and equally the property received due to commission of the administrative
infraction;
4) deprivation of a special right;
5) deprivation of permission or suspension of its validity, as well as exclusion
from register;
6) suspension or prohibition of the activity;
7) compulsory demolition of the built structure or the structure under
construction on illegal basis;
8) administrative arrest;
9) administrative expulsion of a foreign person or stateless person beyond the
borders of the Republic of Kazakhstan.
2. For commisrepeatedly second time second timesion of administrative infractions
to the legal entities, the administrative sanctions listed in subparagraphs 1) – 5) and
7) of a part one of this Article, as well as suspension or prohibition of activity or
separate types of activity of a legal entity may be applied.
Article 42. Main and additional measures of
administrative sanctions 1. Caution, administrative fine, administrative arrest may be applied only as main
administrative sanctions.
2. Deprivation of a special right, deprivation of permission or suspension of its
validity, as well as exclusion from register, suspension or prohibition of the activity
or its separate types, as well as administrative expulsion of foreign persons or
stateless persons beyond the borders of the Republic of Kazakhstan may be applied as
main, so additional administrative sanctions.
3. Confiscation, compulsory demolition of the built structure or the structure
under construction on illegal basis may be applied only as additional administrative
sanction.
Article 43. Notification
Notification consists of official giving of negative evaluation of committed
infraction by the body (civil servant) authorized to impose administrative sanction and
of warning an individual or legal entity on inadmissibility of unlawful behavior.
Notification shall be delivered in written form.
Article 44. Administrative fine
1. Administrative fine (hereinafter – fine) is a money recovery imposed for
administrative infraction in cases and limits provided in Articles of the Special part
of this section, in amount being relevant to particular quantity of monthly calculation
index established in accordance with the Law acting up to the date of initiation of a
case on administrative infraction.
In cases provided in Articles of the Special part of this section, the amount of
fine shall be expressed in percentage from:
1) a sum of environmental damage;
2) sum of non-fulfilled or fulfilled improperly tax obligation;
3) sum of unpaid (non-transferred), untimely and (or) incompletely paid
(transferred) social expenditures;
4) sum of non-transferred, untimely and (or) incompletely calculated, dedicated
(accrued) and (or) paid (transferred) compulsory pension contributions and compulsory
professional pension contributions;
5) sum of a cost of sub-excise goods received in a result of illegal
entrepreneurship;
6) sum being unaccounted in accordance with requirements of the legislation of the
Republic of Kazakhstan on business accounting and financial reporting or properly
accounted;
7) sum of a transaction (operation) consummated (conducted) with the violation of
the financial legislation of the Republic of Kazakhstan;
8) sum of income (profit) received in a result of carrying out of monopolistic
activity or breach of the legislation of the Republic of Kazakhstan on electric power
industry, on natural monopolies and regulated markets, legislation of the Republic of
Kazakhstan regulating activity of a financial market and financial organizations;
9) cost of energy resources used in excess of approved normative standards for the
period in which the infraction is occurred, but no more than for one year;
10) sum of non-accepted national and foreign currency.
If in provided Articles of the Special part of this section, the amount of fine is
expressed in percentage from a sum of operation conducted with violation of the rules of
financial legislation of the Republic of Kazakhstan, and such operation is conducted in
a foreign currency, the recount of a sum of fine in tenge shall be carried out according
to official exchange rate established by the National Bank of the Republic of Kazakhstan
up to the date of drawing up a protocol on administrative infraction.
2. Amount of fine imposed on an individual may not exceed five hundred monthly
calculation indices.
Amount of fine imposed on a civil servant, private notary, private officer of
justice, defence attorney, subjects of small entrepreneurship, as well as non-commercial
organizations may not exceed seven hundred fifty monthly calculation indices.
Amount of fine imposed on subjects of medium entrepreneurship may not exceed one
thousand monthly calculation indices.
Amount of fine imposed on subjects of large entrepreneurship may not exceed two
thousand monthly calculation indices.
3. Fine calculated in accordance with item two of a part one of this Article may
be established in amounts exceeding or less than established amounts of fines mentioned
in this Article.
4. Fine shall be recovered to the revenue side of the state budget in the manner
established by the legislation, with the exception of fines imposed by akims of cities
of district significance, villages, rural settlements, rural districts in accordance
with Article 729 of this Code.
Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 271-V (shall be enforced from 01.01.2015).
Article 45. Confiscation of a subject being a tool or subject
of committing administrative infraction, as well as property
received due to commission of administrative infraction 1. Confiscation of a subject being a tool or subject of committing administrative
infraction, as well as property received due to commission of administrative infraction
consists in their compulsory non-repayable conversion into the ownership of the state in
the manner established by the legislation.
Withdrawal of s subject subjected to return to the owner from illegal possession
of a person that committed administrative infraction or withdrawn from turnover shall
not be recognized as confiscation. Subject withdrawn from the turnover shall be subject
to conversion into the ownership of the state or destruction.
2. Only the subject being a property of a violator shall be subject to
confiscation, unless otherwise provided by the Special part of this Code.
3. Confiscation of hunting weapon, ammunition to it and other permitted hunting
and fishing tools may not be applied to persons for which the hunting (fishery) is a
main legal source of living.
4. Confiscation shall be applied by a judge and may be imposed in cases when it is
provided by the relevant Article of the Special part of this section as the
administrative sanction.
Article 46. Deprivation of a special right
1. Deprivation of a special right provided to particular person shall be applied
by a judge.
2. Term of deprivation of a special right may not be less than one month and more
than two years.
3. The term for deprivation of the right to operate transport vehicles may not be
less than six months and more than ten years.
4. Deprivation of the right to operate transport vehicles may not be applied to
persons that use these vehicles due to disability, with the exception of cases of
avoiding pass of certification of the state of intoxication in the established manner,
as well as leaving a scene of a traffic accident by mentioned persons in violation of
established rules the participants of which they were.
5. Deprivation of the right of hunting, fishing, keeping and bearing hunting
weapon, ammunition to it and fish-tackles may not be applied to persons for whom the
hunting (fishery) is a main legal source of living, with the exception of systematic
violation of the order of using this right.
Article 47. Deprivation of permission or suspension of its
validity, as well as exclusion from register
1. Deprivation of permission shall be imposed by a judge for administrative
infraction committed upon carrying out of the activity of commission of determined
actions (operations) provided by the permission considering the provisions of parts
three, four and five of this Article.
2. Suspension of validity of permission shall be established for a term up to six
months.
3. Suspension or deprivation of permission for carrying out the activity in a
financial scope and activity linked with concentration of financial resources, with the
exception of deprivation of permission of a credit bureau shall be carried out by the
National Bank of the Republic of Kazakhstan on the grounds and in the manner established
by the Laws of the Republic of Kazakhstan.
4. Exclusion from register shall be carried out by the authorized body in the
scope of the customs affairs on the grounds and in the manner established by the customs
legislation of the Republic of Kazakhstan, and authorized body in the field of transport
and communications, as well as authorized body on safety ensuring of road traffic on the
grounds and in the manner established by the legislation of the Republic of Kazakhstan
in the field of road traffic safety.
5. Exclusion from register of microfinance organizations shall be carried out by
the National Bank of the Republic of Kazakhstan on the grounds and in the manner
established by the legislation of the Republic of Kazakhstan on microfinance
organizations.
Note. For the purpose of this Code, the deprivation of permission or suspension of
its validity is the deprivation of a license, special permission, qualification
attestation (certificate), or suspension of its validity for a particular type of
activity or commission of particular action, as well as another permission document
provided by the Law of the Republic of Kazakhstan “On permissions and notifications”.
Article 48. Suspension or prohibition of activity
or its separate types 1. Suspension or prohibition of activity or its separate types consists in
temporary termination of the activity of prohibition of activity or its separate types
of individuals and (or) legal entities, as well as branches, representatives, structural
subdivisions of legal entities, production areas, as well as operation of aggregates,
buildings and structures, carrying out of separate types of activity (work), rendering
of services.
2. Suspension or prohibition of activity or its separate types shall be carried
out inly in a judicial proceeding on the basis of materials of the body (civil servant)
authorized to consider the cases on administrative infractions, if for commission of
administrative infraction it is possible to impose sanctions in the form of suspension
or prohibition of the activity. Consideration of such cases by the court shall be
carried out within ten days.
3. Suspension of activity or its separate types shall be established by the court
for a term up to three months.
4. Before consideration of the case in court, the measure of ensuring in the form
of suspension or prohibition of the activity or its separate types may be applied to an
individual or legal entity in the manner provided by Article 801 of this Code. In this
case, the term of suspension or prohibition of the activity or its separate types shall
be included into the term of suspension or prohibition of the activity or its separate
types if this measure of administrative sanction will be applied by the court.
Article 49. Compulsory demolition of the built structure or the
structure under construction on illegal basis
Compulsory demolition of the built structure or the structure under construction
on illegal basis shall be imposed by a judge in cases provided by Articles of the
Special part of this section.
Article 50. Administrative arrest
1. Administrative arrest shall be established for a term up to thirty days, and
for violation of requirements of emergency regime – up to the term of five days.
Administrative arrest shall be imposed by a judge in exclusively cases within the limits
provided in Articles of the Special part of this section.
2. Administrative arrest may not be applied to pregnant women and women having
children at the age up to fourteen years, to the persons that did not attain eighteen
years, to disabled persons of the groups I and II, as well as to women at the age over
fifty right years and to men over sixty three years.
3. Term of administrative detention shall be included into the term of
administrative arrest.
Footnote. Article 50 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 51. Administrative expulsion of foreign persons
or stateless persons beyond the borders of the
Republic of Kazakhstan 1. Administrative expulsion of foreign persons or stateless persons beyond the
borders of the Republic of Kazakhstan shall be applied by a judge as a measure of
administrative sanction in the manner and on the grounds that are provided by the
Special part of this Code.
Provisions of this part shall not apply to the cases of expulsion of foreign
persons or stateless persons carried out in the manner provided by the civil procedural
legislation of the Republic of Kazakhstan.
2. In case if in the course of administrative proceeding, the person in respect of
whom the measure of administrative sanction in the form of administrative expulsion
beyond the borders of the Republic of Kazakhstan may be applied, informs on committed
act in respect of him (her) recognized as grave or especially grave crime in accordance
with the Criminal Code of the Republic of Kazakhstan, the consideration of a case on
administrative infraction in respect of this person shall be postponed until making
decision on a message or application I the manner established by Article 179 of the
Criminal procedural code of the Republic of Kazakhstan.
Article 52. Measures of administrative legal effect
1. The following measures of administrative legal effect may be applied to the
person that committed administrative infraction for the purpose of prevention of
committing new infractions by this person:
1) inspection of knowledge of traffic rules;
2) establishment of special requirements to behavior of an offender.
2. Measures of administrative legal effect mentioned in a part one of this Article
may be applied together with imposition of administrative sanction, so instead of it
upon release of a person that committed administrative infraction from administrative
liability on the ground provided by Article 64 of this Code.
Footnote. Article 52 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 53. Inspection of knowledge of traffic rules Drivers of transport vehicles that committed infractions provided by Articles 590
(part ten), 591 (part two), 592 (part four), 593 (part eight), 594 (part four), 595
(part four), 595 (part four), 597 (parts five and six), 598 (part three), 599 (part
two), 600 (part two), 601 (part two), 602 (part two), 613 (part thirty) of this Code,
shall be directed to exam for inspecting knowledge of traffic rules.
Regulations on direction for inspecting knowledge of traffic rules shall be issued
by the bodies (civil servants) being authorized to consider the cases on administrative
infractions provided by mentioned Articles of this Code.
Article 54. Establishment of special requirements to
behavior of an offender
1. Upon consideration of a case on administrative infraction upon a petition of
participants of a proceeding on the case on administrative infraction and (or) internal
affairs bodies, the court may establish special requirements to behavior of a person
that committed administrative infraction provided by Articles 73, 128, 131, 436, 442,
461 of this Code for a term from three months up to one year fully or separately
providing a prohibition to:
1) seek, persecute, visit the injured party, hold oral, telephone negotiations and
come in contact with him (her) by other methods including minors and (or) his (her)
disabled family members;
2) acquire, store, carry and use firearms and other types of weapons;
3) minors to visit particular places, go to other locations without permission of
a commission on protection of the rights of minors.
2. Upon establishment of special requirements to behavior of a person that
committed administrative infraction in the scope of family relations, for the purpose of
protection and defence of an injured party and his (her) family members, in exclusive
cases, the court shall have the right to apply a measure of administrative legal effect
in the form of prohibition for the person that committed domestic violence to reside in
individual residential house, flat or another dwelling place with the injured party in
case if this person has another dwelling place for the term up to thirty days.
3. Within the validity term of special requirements to behavior of an offender, he
(she) may be imposed by obligations to come to internal affairs bodies for a
prophylactic conversation from one up to four times per month.
Chapter 7. IMPOSITION OF ADMINISTRATIVE SANCTION
Article 55. Common rules of imposing a sanction for
administrative infraction 1. Administrative sanction for administrative infraction shall be imposed within
the limits provided in Article of the Special part of this section for this
administrative infraction in a precise conformance to provisions of this Code.
2. Administrative sanction shall be fair, conforming to the character of an
infraction, circumstances of its commission, personality of an offender.
3. Upon imposition of administrative sanction on an individual, the character of
committed administrative infraction, personality of a guilty person, as well as his
(her) behavior before and after commission of the infraction, material status,
circumstances mitigating and aggravating liability shall be considered.
4. Upon imposition of administrative sanction on a legal entity, the character of
administrative infraction, material status, circumstances mitigating and aggravating
liability shall be considered.
5. Imposition of administrative sanction shall not release a person from
fulfillment of the obligation, for non-fulfillment of which the mentioned sanction was
imposed, elimination of committed violations and compensation for harm.
6. One main or main and supplementary administrative sanction may be imposed for
one administrative infraction.
Article 56. Circumstances mitigating liability for
administrative infraction
1. Circumstances mitigating liability for administrative infraction shall be
recognized as:
1) penitence of a guilty person;
2) prevention of harmful consequences of an infraction by a person that committed
the administrative infraction, voluntary compensation for harm or elimination of
inflicted harm;
3) commission of administrative infraction under the influence of intense
emotional excitement or upon coincidence of grave personal or family circumstances;
4) commission of administrative infraction by a minor;
5) commission of administrative infraction by a pregnant woman or woman having a
child at the age up to fourteen years;
6) commission of administrative infraction in a result of physical or psychic
compulsion;
7) commission of administrative infraction upon violation of conditions of the
legality of necessary defence, detention of a person that committed illegal offence,
execution of an order or regulation;
8) commission of administrative infraction carelessly for the first time.
2. Court (judge), body (civil servant) considering the case on administrative
infraction may also recognize the circumstances not mentioned in a part one of this
Article as mitigating.
Article 57. Circumstances aggravating liability for
administrative infractions
Circumstances aggravating liability for administrative infractions shall be
recognized as:
1) continuation of offending behavior in spite of explanation of the Law by a
prosecutor and (or) requirement of the authorized persons to terminate it;
2) repeated commission of homogeneous administrative infraction within a year, for
which the person was already subject to administrative sanction, on which the term
provided by Article 61 of this Code is not expired;
3) involvement of a minor in administrative infraction;
4) involvement of persons that knowingly for a guilty person suffer from severe
mental disease, or the persons that did not attain the age of administrative liability
in commission of administrative infraction;
5) commission of administrative infraction based on national, racial and religion
hatred or enmity, based on revenge for legal actions of other persons, as well as for
the purpose of hiding other infraction or simplify its commission;
6) commission of administrative infraction in respect of a person or his (her)
close relatives due to performance of official, professional or public duty by this
person;
7) commission of administrative infraction in respect of a woman being pregnant
knowingly for a guilty person, as well as in respect of an infant, other defenceless or
helpless person or a person being in dependence from the guilty person;
8) commission of administrative infraction by group of persons;
9) commission of administrative infraction in conditions of natural disaster or
upon other cases of emergency;
10) commission of administrative infraction in a condition of alcohol, drug or
substance abuse intoxication. Court (judge), body (civil servant) imposing the
administrative sanction may not to recognize this circumstance as aggravating depending
on a character of administrative infraction.
Article 58. Imposition of administrative sanctions upon
commission of several administrative infractions
1. Upon commission of two or more administrative infractions by one person, the
administrative sanction shall be imposed for each infraction separately.
2. If the person committed several administrative infractions that are considered
by one and the same judge, body (civil servant), then in case of imposition of one and
the same type of sanction on this person, the final size of the sanction may not exceed
three-stage maximum limit established by this Code for this type of sanction, and the
administrative arrest may not exceed the term established by a part one of Article 50 of
this Code.
3. In case if administrative fines are expressed in percentage from a sum of non-
fulfilled or fulfilled improperly tax obligations established by the legislative acts,
during their imposition for commission of several administrative infractions, the fine
shall be recovered for each administrative infraction separately.
Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 59. Compensation for harm inflicted by
administrative infraction
1. Judge upon consideration of a case on administrative infraction which inflicted
the property damage, upon solution of the issue on imposition of administrative sanction
shall recover the same damage at one time, if there is no dispute on its size.
Disputes on a size of property damage inflicted by administrative infraction shall
be considered in the manner of civil proceeding.
2. Compensation of property damage on affairs on administrative infractions being
considered by other authorized bodies (civil servants) in case of refusal of a guilty
person from his (her) voluntary compensation shall be performed in the manner of civil
proceeding.
3. Requirements on protection of business reputation or compensation for moral
damage inflicted by administrative infraction shall be considered in the manner of civil
proceeding on the grounds provided by the Civil Code of the Republic of Kazakhstan.
Article 60. Calculation of terms of administrative sanction Term of administrative arrest shall be calculated in days, and deprivations of a
special right provided to an individual or legal entity, as well as deprivations of
permission or suspension of its validity shall be calculated in years, months or
calendar days.
Article 61. Term within which the person is considered as
subjected to administrative sanction
Person on which the administrative sanction is imposed for administrative
infraction shall be considered as subjected to this sanction within a year from the date
of completion of execution of a decree on imposition of the administrative sanction.
Chapter 8. RELEASE FROM ADMINISTRATIVE LIABILITY AND
DAMINISTRATIVE SANCTION
Article 62. Release from administrative liability due to
expiration of limitation period 1. Person shall not be subject to bringing to administrative liability upon expiry
of two months from the date of commission of administrative infraction, and for
commission of administrative infraction in the field of environmental protection- upon
expiry of one year from the date of its commission, except for the cases provided by
this Code.
2. Individual shall not be subject to bringing to administrative liability for
commission of administrative corruption infraction, as well as infraction in the field
of tax assessment, scope of the customs affairs, legislation of the Republic of
Kazakhstan on pension benefits, on compulsory social insurance, on energy saving and
increase of energy sufficient, on state secrets, natural monopolies and regulated
markets and anti-monopoly legislation upon expiry of one year from the date of its
commission, and legal entity (as well as individual entrepreneur) shall not be subject
to bringing to administrative liability for commission of the administrative corruption
infraction, as well as infractions in the field of the legislation of the Republic of
Kazakhstan on energy saving and increase of energy efficiency upon expiry of three years
from the date of its commission, and for infraction in the field of tax assessment,
scope of the customs affairs, legislation of the Republic of Kazakhstan on pension
benefits, on compulsory social insurance, natural monopolies and regulated markets and
antimonopoly legislation – upon expiry of five years from the date of its commission.
3. Upon continuing administrative infraction, as well as upon commission of the
administrative infraction in the field of budget relations infringing interests of
society and the state protected by the Law, the person shall not be subjected to
bringing to administrative liability upon expiry of two months from the date of
detection of the administrative infraction.
Upon commission of administrative infraction in the field of finances, the person
shall be subject to bringing to administrative liability no later than five years from
the date of commission of the administrative infraction, but may not be brought to
administrative liability upon expiry of two months from the date of detection of
administrative infraction.
4. Provisions of parts one and three of this Article shall not apply to the cases
when the administrative infraction promotes committing criminal infraction and it
becomes known in the course of investigation or judicial consideration of the criminal
case. In the manner provided by a part one of Article 405 of the Criminal Procedural
Code of the Republic of Kazakhstan, the court shall have the right to impose
administrative sanction on a person being guilty in such infraction, if from the date of
commission of administrative infraction no more than one year has passed.
5. Running of the term of imposing administrative sanction for administrative
infraction shall be suspended from the date of appointment of an examination, as well as
directing a case in judicial instances or to civil servant of the state body authorized
to consider the cases on administrative infractions.
Calculation of these terms shall be renewed from the date of receipt of the
results of the examination.
6. In case of termination of a criminal case in existence of signs of
administrative infraction in actions of an offender, the person may be brought to
administrative liability no later than three months from the date of receipt of decision
on its termination.
7. Running of the term of imposing a sanction for administrative infraction shall
be interrupted, if until expiration of the terms mentioned in parts one and three of
this Article the person commits new administrative infraction. Calculation of the term
in these cases shall begin from the date of detection of new administrative infraction.
8. Decree of a judge or authorized body on termination of administrative
proceeding independent from the term provided in a part one of this Article, may be
reconsidered upon a protest of a prosecutor within year from the date of its entering
into legal force.
Note. Continuing infraction shall be recognized as infraction that is
characterized by continuous carrying out of one element of certain act provided by
Article of the Special part of this section, and not completed up to the date of its
detection.
Article 63. Release from administrative liability and
administrative sanction based on amnesty act
1. Person that committed administrative infraction may be released from
administrative liability or imposed administrative sanction on the basis of amnesty act,
if this act removes applying of the administrative sanction.
2. Amnesty act shall be issued by the Parliament of the Republic of Kazakhstan in
respect of individually indefinite range of persons.
Article 64. Release from administrative liability due
to conciliation of parties
1. Cases on administrative infractions provided by Articles 73, 79 (part one),
146, 185, 186, 220, 229 (part two) of this Code shall be initiated not otherwise than
upon application of an injured party and shall be subject to termination due to his
(her) conciliation with a person that committed administrative infraction.
2. Conciliation shall be carried out on the basis of written agreement signed by
an injured party and the person that committed administrative infraction.
Chapter 9. ADMINISTRATIVE LIABILITY OF MINORS
Article 65. Administrative liability of minors 1. Minors to which the force of this chapter is applied shall be recognized as the
persons that at the time of commission of administrative infraction attained sixteen
years, but did not attain eighteen years.
2. Administrative sanction with application of the measures of educational
influence may be imposed on a minor that committed administrative infraction.
Article 66. Special aspects of applying administrative
sanctions to minors
1. Size of administrative fine imposed on a minor may not exceed ten monthly
calculation indices independently from size of the fine provided by Article of the
Special part of this section.
In the absence of property of the minor being sufficient for payment of the fine,
the fine shall be imposed on parents or persons substituting them.
2. Deprivation of a special right may be imposed on minors for the term no more
than one year.
3. Other types of administrative sanctions (with the exception of administrative
arrest), as well as measures of administrative legal effect mentioned in Articles 41 and
52 of this Code, shall be applied to minors on common basis.
Article 67. Imposition of administrative sanction on a minor
1. Upon imposition of administrative sanction on a minor, except for the
circumstances provided by Articles 56 and 57 of this Code, his (her) living conditions,
level of mental development, other special aspects of a personality, as well as
influence of elder persons on him (her) shall be considered.
2. Minority age as a mitigating circumstance shall be considered in case of
accumulation with other mitigating and aggravating circumstances.
Article 68. Release of minors from administrative liability
and administrative sanction Minor that for the first time committed administrative infracti8on may be released
by a court, body (civil servant) authorized to consider the cases on administrative
infractions from administrative liability or from fulfillment of imposed administrative
sanction with applying of measures of educational influence provided by the legislation.
Article 69. Measures of educational influence 1. The following measures of educational influence may be imposed to a minor:
1) explanation of the Law;
2) transfer under supervision of parents or persons substituting them, or special
state body;
3) imposition of the obligation to make up inflicted losses;
4) restriction of leisure time and establishment of special requirements to
behavior of a minor.
2. Several measures of educational influence may be imposed simultaneously on a
minor.
3. Term of applying a measure of educational influence provided by subparagraph 4)
of part one of this Article shall be established by a length up to three months.
4. In case of systematic non-fulfillment of a measure of educational influence by
a minor, provided by subparagraph 4) of part one of this Article, the special state body
shall represent materials in court for solution of the issue on cancellation of this
measure and bringing of the minor to administrative liability, if the limitation period
established by a part one of Article 890 of this Code is not expired.
Article 70. Content of measures of educational influence 1. Explanation of the Law consists of explanation of harm to a minor that
inflicted by his (her) act, and legal consequences of repeated commission of infractions
provided by this Code.
2. Transfer under supervision consists of imposition of the obligation on
educational influence to a minor and control of his (her) behavior on parents and
persons substituting them, or on special state body.
3. Obligation to make up inflicted losses shall be imposed in consideration of
material status of a minor and existence of the relevant work skills.
4. Restriction of a leisure time and establishment of special requirements to
behavior of a minor may provide a prohibition of visiting particular places, used of
particular forms of the leisure time, as well as linked with operating a transport
vehicle, restriction of staying outside home after particular time of day, departure to
other locations without permission of court or body (civil servant) authorized to
consider the cases on administrative infractions. In respect of a minor, the special
requirements to behavior of an offender provided by Article 54 of this Code may be
established, as well as requirement to complete education or to obtain employment with
help of the commission on protection of the rights of minors may be specified.
Article 71. Limitation periods Limitation periods provided by Article 62 of this Code, upon release of minors
from administrative liability or fulfillment of administrative sanction shall be reduced
by half.
Article 72. Term within which the minors is considered as
subjected to administrative sanction
Minor on which the administrative sanction is imposed for administrative
infraction shall be considered as subjected to this sanction within six months from the
date of completion of execution of a decree on imposition of administrative sanction.
SPECIAL PART
Chapter 10. ADMINISTRATIVE INFRACTIONS INFRINGING ON
PERSONAL RIGHTS
Article 73. Illegal actions in the scope of family relations 1. Abusive language, offensive annoyance, degrading, damage of domestic goods and
other actions expressing disrespect to the persons being in family relations with an
offender, violating their calm committed in an individual resident house, flat or
another dwelling place, if these actions do not contain signs of criminally punishable
act shall –
entail notification or administrative arrest for a term up to three days.
2. The actions provided by a part one of this Article, committed repeatedly second
time second time within a year after imposition of administrative sanction, –
shall entail administrative arrest for a term up to ten days.
3. The actions provided by a part two of this Article, committed by persons to
whom the administrative arrest in accordance with a part two of Article 50 of this Code
is not applied –
shall entail a fine in amount of five monthly calculation indices.
Note. Family relations for the purposes of this Code shall be understood as
relations between spouses, former spouses, persons residing or that resided jointly,
close relatives, persons having common child (children).
Article 74. Impeding to obtainment of a citizenship of
the Republic of Kazakhstan 1. Illegal actions (omission) of civil servants impeding obtainment of a
citizenship of the Republic of Kazakhstan by a person, shall –
entail a fine in amount of thirty monthly calculation indices.
2. The actions provided by a part one of this Article that committed repeatedly
second time within a year after imposition of administrative sanction –
shall entail a fine in amount of sixty monthly calculation indices.
Article 75. Liability for breach of the legislation of the
Republic of Kazakhstan on languages
1. Refusal of a civil servant in acceptance of documents, references of
individuals and legal entities, as well as their non-consideration in essence, reasoned
by lack of knowledge of a language –
shall entail a fine in amount of twenty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine in amount of forty monthly calculation indices.
3. Violation of requirements on placing requisites and visual information shall –
entail a notification.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of
twenty, on subjects of large entrepreneurship – in amount of fifty monthly calculation
indices.
5. Restriction of rights of individuals in a choice of a language, discrimination
on language sings shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
6. The actions provided by a part five of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine in amount of forty monthly calculation indices.
Article 76. Restriction of a right of movement and choice
of a residence place
Action (omission) of civil servants restricting a right of individuals to movement
and choice of a residence place (with the exception of frontier zones, forbidden zones
under arsenals, bases and depots of the Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of Kazakhstan and forbidden
districts upon arsenals, bases and depots of the Armed Forces of the Republic of
Kazakhstan, other forces and military formations of the Republic of Kazakhstan and
separate locations in which the restrictions may be established by the Government of the
Republic of Kazakhstan), if this action (omission) does not contain signs of criminally
punishable action shall –
entail a fine in amount of thirty monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
–
entail a fine in amount of sixty monthly calculation indices.
Article 77. Impeding to legal activity of public associations Impeding to legal activity of public associations by a civil servant with the use
of official position, and equally the interference in legal activity of these
associations committed by the civil servant with the use of own official position
entailing violation of their rights and legal interests shall –
entail a fine in amount of two hundred fifty monthly calculation indices.
Article 78. Refusal in representation of information
to an individual 1. Unlawful refusal in representation of documents, materials collected in
established manner directly concerning the rights and freedoms of an individual, or
representation of incomplete or knowingly misleading information to the individual, and
equally unlawful referring of public information to information with limited access
shall –
entail a fine on civil servants in amount of thirty calculation indices.
2. Commission of actions provided by a part one of this Article by a civil
servant, if these actions inflicted harm to rights and legal interests of individuals
shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 79. Breach of the legislation of the Republic of
Kazakhstan on personal data and their protection
1. Illegal collection and (or) processing of personal data shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organization – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices, with a confiscation of subjects and
(or) tools of administrative infraction or without such.
2. The same acts committed by an owner, operator or third party with the use of
own official position shall –
entail a fine on individuals in amount of fifty, on civil servants, subjects of
small entrepreneurship or non-profit organization – in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with a
confiscation of subjects and (or) tools of administrative infraction or without such.
3. Non-compliance with measures on protection of personal data by an owner,
operator or third party shall –
entail a fine on individuals in amount of one hundred, on civil servants, subjects
of small entrepreneurship or non-profit organization – in amount of one hundred fifty,
on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Article 80. Non-compliance with order, standards and
substandard rendering of medical assistance
1. Non-compliance with order, standards of rendering of medical assistance, non-
performance or improper performance of professional obligations by a medical worker due
to careless or unfair relation to them, if this did not entail infliction of harm to
health, shall entail a fine on individuals, civil servants in amount of ten, on subjects
of small entrepreneurship or non-profit organization – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on individuals, civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organization – in amount of fifty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of eighty monthly calculation indices.
3. Non-compliance with order, standards of rendering of medical assistance, non-
fulfillment or improper fulfillment of professional obligations by a medical worker due
to careless or unfair relation to them, if this entailed to infliction of light harm to
health shall entail a fine on individuals, civil servants in amount of forty, on
subjects of small entrepreneurship or non-profit organization – in amount of fifty, on
subjects of medium entrepreneurship – in amount of seventy five, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
4. Acts provided by a part three of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on individuals, civil servants in amount of eighty, on subjects of small
entrepreneurship or non-profit organization – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with a
deprivation of a license and (or) of a specialist certificate or without such.
Article 81. Violation of the rules of issuing a note
or certificate on temporary incapacity for work by
a medical worker
1. Violation of the rules of issuing a note or certificate on temporary incapacity
for work by a medical worker shall entail a fine on individuals in amount of five, on
civil servants in amount of ten monthly calculation indices.
2. The same act committed repeatedly second time second time within a year after
imposition of administrative sanction shall entail a fine on individuals in amount of
ten, on civil servants in amount of twenty monthly calculation indices, with deprivation
of a specialist certificate or without such.
Article 82. Violation of the rules of selling medical products
and requirements for writing prescriptions established by the
legislation of the Republic of Kazakhstan by a medical worker
1. Violation of the rules of selling medical products and requirements for writing
prescriptions established by the legislation of the Republic of Kazakhstan by a medical
worker shall entail a fine on individuals in amount of five, on civil servants – in
amount of ten monthly calculation indices.
2. The same act committed repeatedly second time second time within a year after
imposition of administrative sanction shall entail a fine on individuals in amount of
ten monthly calculation indices with deprivation of a specialist certificate or without
such, on civil servants – in amount of twenty monthly calculation indices.
Article 82-1. Breach of the legislation of the Republic of
Kazakhstan on minimal social standards and their guarantees 1. Breach of the legislation of the Republic of Kazakhstan on minimal social
standards and their guarantees being expressed in non-fulfillment and (or) failure to
ensure minimal social standards, with the exception of cases provided by Articles 83,
84, 87, 89 and 91 of this Code shall –
entail a fine on civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on civil servants in amount of forty, on subjects of small entrepreneurship or non-
profit organizations – in amount of sixty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
Footnote. Chapter 10 is supplemented by Article 82-1 in accordance with the Law of
the Republic of Kazakhstan dated 19.05.2005 No. 315-V (shall be enforced upon expiry of
ten calendar days after the date of its first official publication).
Article 83. Breach of the legislation of the Republic of
Kazakhstan on social protection of disabled persons
1. Breach of the legislation of the Republic of Kazakhstan on social protection of
disabled persons committed in the form of:
1) failure to ensure access for disabled persons to objects of social and
transport infrastructure;
2) failure to ensure conditions for access for disabled persons to cultural
entertainment events;
3) failure to comply with obligations by an employer in the scope of employment
and professional rehabilitation of disabled persons from labour injury and (or)
professional disease received due to the fault of the employer shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship – in amount of one hundred twenty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of four hundred monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on civil servants in amount of eighty, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship
– in amount of six hundred monthly calculation indices.
Article 84. Breach of the legislation of the Republic of
Kazakhstan on special social services 1. Breach of the legislation of the Republic of Kazakhstan on special social
services committed in the form of:
1) violation of established terms for conducting assessment and determination of a
need in rendering of special social services, issuance of decision on rendering of a
guaranteed range of special social services;
2) failure to execute a decision on rendering of a guaranteed range of special
social services shall entail a fine on civil servants in amount of twenty, on subjects
of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects
of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship –
in amount of sixty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on civil servants in amount of thirty, on subjects of small entrepreneurship or
non-profit organizations – in amount of forty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
Article 85. Divulgence of details by participants of mediation
became known in the course of mediation
1. Divulgence of details by participants of mediation became known in the course
of mediation without permission of a party that represented this information, if this
action does not contain signs of criminally punishable act shall entail a fine in amount
of twenty monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine in amount of sixty monthly calculation indices.
Article 86. Permit to work of a person without conclusion
of labour agreement
1. Permit to work of a person without conclusion of labour agreement by an
employer shall –
entail a fine on civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of forty, on subjects of small entrepreneurship or
non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship –
in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
3. The action provided by a part one of this Article committed in respect of
minors shall entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of seventy, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
4. Action (omission) provided by a part three of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on civil servants in amount of seventy, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices with suspension
of licence validity.
Article 87. Violation of requirements on payment for labour 1. Non-payment of salary by an employer in a full measure and in terms established
by the labour legislation of the Republic of Kazakhstan, and equally non-charging and
non-payment of a late fee for the period of delay of payment due to the fault of the
employer shall entail a fine on civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of forty, on subjects of small entrepreneurship or
non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship –
in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
3. Violation of requirements of the labour legislation of the Republic of
Kazakhstan on payment of overtime work, work in public holidays and non-working days, as
well as payment for labour in night time shall entail a fine on civil servants in amount
of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount
of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
4. The actions provided by a part three of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium
entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in
amount of one hundred twenty monthly calculation indices.
Article 88. Failure to grant leaves
Failure to grant leaves within two years in a row by an employer shall entail a
fine on civil servants in amount of twenty, on subjects of small entrepreneurship or
non-profit organizations – in amount of forty, on subjects of medium entrepreneurship –
in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 89. Illegal excess of standard working time
1. Illegal excess of standard and reduced length of working time and daily work
(work shift) by an employer provided by the labour legislation of the Republic of
Kazakhstan shall entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of forty, on subjects of small entrepreneurship or
non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship –
in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
Article 90. Admission of discrimination in the scope of labor
1. Admission of discrimination in the scope of labour by an employer expressed in
violation of the right of a worker to equal payment for equal labour shall entail a fine
on civil servants, subjects of small entrepreneurship or non-profit organizations – in
amount of thirty, on subjects of medium entrepreneurship – in amount of sixty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants, subjects of small entrepreneurship or non-profit organizations
in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on
subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation
indices.
3. Placement of information on vacancies for employment containing requirements of
a discriminatory character in the scope of labour by the authorized body on the issues
of employment, individual and legal entity rendering labour mediation, as well as
employer, shall entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of thirty, on subjects of small entrepreneurship or non-
profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
Article 91. Breach of the legislation of the Republic of
Kazakhstan on pension benefits
1. Violation of order of concluding contracts on pension benefits on account of
compulsory pension contributions, compulsory professional pension contributions
(contracts on pension benefits on account of voluntary pension contributions), terms for
making pension payments, transfers and withdrawals established by the legislation of the
Republic of Kazakhstan on pension benefits by an integrative accumulative pension fund
(voluntary accumulative pension fund) shall entail a fine on legal entities in amount of
four hundred monthly calculation indices.
2. Non-presentation, untimely representation of details by an integrative
accumulative pension fund to the Centre for pension payment on contributors that joined
a contract on pension benefits on account of compulsory pension contributions,
compulsory professional pension contributions, and equally representation of inaccurate
details on mentioned contributors shall entail a fine on legal entities in amount of one
hundred monthly calculation indices.
3. Acts provided by a part two of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on legal entities in amount of two hundred monthly calculation indices.
4. Non-fulfillment of obligations provided by the legislation of the Republic of
Kazakhstan on pension benefits, on pension payment in a full measure and in established
terms by civil servants of the Centre for pension payment shall entail a fine in amount
of one thirty monthly calculation indices.
5. Consummation of transactions and operations in breach of the legislation of the
Republic of Kazakhstan on pension benefits by an integrative accumulative pension fund
or voluntary accumulative pension fund shall entail a fine on legal entities – in amount
of four hundred monthly calculation indices.
6. Non-fulfillment or improper fulfillment of obligations by an individual,
individual entrepreneur, private notary officer, private officer of justice, attorney
for defence, legal entity provided by the legislation of the Republic of Kazakhstan on
pension benefits committed in the form of:
1) non-presentation of the lists of contributors of an integrative accumulative
pension fund to the state revenue body in favor of whom the debts on compulsory pension
contributions, compulsory professional pension contributions are recovered;
2) non-presentation of the settlements on calculated, dedicated (accrued) and
transferred sums of compulsory pension contributions, compulsory professional pension
contributions to the state revenue bodies in terms established by the legislation of the
Republic of Kazakhstan on pension benefits;
3) non-keeping of primary accounting of calculated, dedicated (accrued) and
transferred compulsory pension contributions, compulsory professional pension
contributions on each worker in accordance with the manner established by the
legislation of the Republic of Kazakhstan;
4) non-presentation of details to contributors on calculated, dedicated (accrued)
and transferred compulsory pension contributions, compulsory professional pension
contributions in terms established by the legislation of the Republic of Kazakhstan on
pension benefits;
5) non-transfer, untimely and (or) incomplete calculation, dedication (accrual)
and (or) payment (transfer) of compulsory pension contributions, compulsory professional
pension contributions in an integrative accumulative pension fund;
6) non-termination of all debit operations on cash register by order of the state
revenue bodies in cases provided by the legislation of the Republic of Kazakhstan on
pension benefits shall entail notification.
7. The act provided by a part six of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on individuals in amount of ten, on subjects of small entrepreneurship or non-
profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of
a sum of non-transferred, untimely and (or) incompletely calculated, dedicated (accrued)
and (or) paid (transferred) compulsory pension contributions, compulsory professional
pension contributions.
8. Non-fulfillment of obligations established by the legislation of the Republic
of Kazakhstan on pension benefits by banks and organizations carrying out separate types
of banking operations, committed in the form of:
1) failure to suspend debit operations on banking accounts of agents – legal
entities or individual entrepreneurs, private notary officers, judicial enforcement
agent and attorney for defence by order of the state revenue bodies in cases and in the
manner provided by the legislation of the Republic of Kazakhstan on pension benefits;
2) failure to transfer (failure to accrue), untimely transfer (later than the date
for commission of an operation on debiting money from banking accounts or the next date
for introduction of cash money to a bank or organization carrying out separate types of
banking operations) or admission of mistakes upon filling the details of a payment
document due to the fault of the bank or organization carrying out separate types of
banking operations, upon a transfer of a sum of compulsory pension contributions,
compulsory professional pension contributions and late fees to the Centre on pension
payment;
3) failure to execute collection orders of the state revenue bodies on recovery of
the sums of compulsory pension contributions, compulsory professional pension
contributions and late fees in the manner established by the legislation of the Republic
of Kazakhstan, shall entail a fine in amount of five percent of the sum of committed
debit operations on banking accounts of agents for the period of non-fulfillment of
obligations established by the legislation of the Republic of Kazakhstan on pension
benefits.
9. Announcement or publication of advertisement by an integrative accumulative
pension fund or voluntary pension fund in mass media that does not conform to actuality
for a date of publication shall entail a fine on legal entities in amount of two hundred
monthly calculation indices.
10. Non-conformance of investment declaration of a voluntary accumulative pension
fund to requirements provided by the legislation of the Republic of Kazakhstan on
pension benefits, to its content shall entail a fine on legal entities in amount of one
hundred monthly calculation indices.
11. Non-presentation, and equally repeatedly second time second time (two and more
times within twelve sequent calendar months) untimely representation of details or
another requested information by an integrative accumulative pension fund or voluntary
accumulative pension fund, founders (shareholders) of voluntary accumulative pension
fund and (or) its affiliated persons shall entail a fine on individuals in amount of one
hundred, on legal entities – in amount of two hundred monthly calculation indices.
12. Representation of inaccurate, and equally incomplete reporting, details or
another requested information by an integrative accumulative pension fund or voluntary
accumulative pension fund, founders (shareholders) of voluntary accumulative pension
fund and (or) its affiliated persons, shall entail a fine on individuals in amount of
one hundred, on legal entities – in amount of two hundred monthly calculation indices.
Note. For the purpose of parts six and seven of this Article, the person shall not
be subject to bringing to administrative liability in case if a sum of non-transferred,
untimely and (or) incompletely calculated, dedicated (accrued) and (or) paid
(transferred) compulsory pension contributions, compulsory professional pension
contributions is less than one monthly calculation index established in accordance with
the Law being in force as on the date of detection of administrative infraction.
Article 92. Breach of the legislation of the Republic of
Kazakhstan on compulsory social insurance
1. Non-payment of social payments by the state fund of social insurance and Centre
for pension payment in terms established by the legislation of the Republic of
Kazakhstan on compulsory social insurance shall entail a fine on civil servants in
amount of thirty monthly calculation indices.
2. Non-fulfillment or improper fulfillment of obligations provided by the
legislation of the Republic of Kazakhstan on compulsory social insurance by a payer of
social expenditures, committed in the form of:
1) failure to represent the lists of participants of a system of compulsory social
insurance to the state revenue body for which the social expenditures are performed;
2) failure to pay (failure to transfer), untimely and (or) incomplete payment
(accrual) of social expenditures;
3) failure to terminate all debit operations on cash register by order of the
state revenue bodies in cases provided by the legislation of the Republic of Kazakhstan
on compulsory social insurance shall entail a notification.
3. Acts provided by a part two of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on private notary officers, judicial enforcement agent, attorney for defence,
subjects of small entrepreneurship or non-profit organizations in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of a sum of non-paid (non-transferred),
untimely and (or) incompletely paid (transferred) social expenditures.
4. Non-fulfillment of obligations by banks and organizations carrying out separate
types of banking operations, established by the legislation of the Republic of
Kazakhstan on compulsory social insurance, committed in the form of:
1) failure to terminate all debit operations on banking accounts of a payer of
social expenditures by order of the state revenue bodies in cases provided by the
legislation of the Republic of Kazakhstan on compulsory social insurance;
2) failure to transfer (failure to accrue), untimely transfer (later than the date
for commission of operations on debiting money from banking accounts or the next date
for introduction of cash money to a bank or organization carrying out separate types of
banking operations) or admission of mistakes upon filling the details of a payment
document due to the fault of the bank or organization carrying out separate types of
banking operations, upon a transfer of a sum of compulsory social expenditures and late
fees to the Centre on pension payment;
3) failure to execute collection orders of the state revenue bodies on recovery of
the sums of compulsory social expenditures and late fees in the manner established by
the legislation of the Republic of Kazakhstan, shall entail a fine in amount of five
percent of the sum of committed debit operations on banking accounts of payers for the
period of non-fulfillment of obligations established by the legislation of the Republic
of Kazakhstan on compulsory social insurance.
Note. For the purpose of parts two and three of this Article, the persons shall
not be subject to bringing to administrative liability in case if the sum of non-paid
(non-transferred), untimely and (or) incompletely paid (transferred) social expenditures
does not exceed amount of one monthly calculation index established in accordance with
the Law being in force on a date of detection of administrative infraction.
Article 93. Violation of the rules of safety ensuring
and labour protection 1. Absence of safety service (specialist) and labour protection in production
organizations in accordance with requirement of the labour legislation of the Republic
of Kazakhstan shall entail a notification.
2. Violation of requirements by an employer on conduct of compulsory and
periodical medical inspections and pre-shift medical certification of workers in
accordance with requirements of the labour legislation of the Republic of Kazakhstan
shall entail a notification.
3. Failure to supply medicinal and prophylactic food to workers by means of
individual and collective protection in accordance with requirement of the labour
legislation of the Republic of Kazakhstan shall entail a notification.
4. Failure to perform the requirements of the labour legislation of the Republic
of Kazakhstan by an employer on conduct of teaching and training of workers, inspection
of knowledge of heads and specialists on the issues of safety and protection of work
shall entail a notification.
5. The actions provided by parts one, two, three, four of this Article committed
repeatedly second time second time within a year after a notification shall entail a
fine on subjects of small entrepreneurship or non-profit organizations in amount of
forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred twenty monthly calculation indices.
6. Failure to perform the requirements of the labour legislation of the Republic
of Kazakhstan by an employer on conduct of instructing (except for introductory
briefing) and absence of documents on safety and protection of work shall entail a fine
on subjects of small entrepreneurship or non-profit organizations in amount of twenty,
on subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of eighty monthly calculation indices.
7. Acts provided by a part six of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on subjects of small entrepreneurship or non-profit organizations in amount of
forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred twenty monthly calculation indices.
Article 94. Violation of requirements of the legislation
on conduct of attestation of production facilities
on labour conditions
1. Violation of requirements of the legislation on conduct of attestation of
production facilities on labour conditions by an employer, established by the labour
legislation of the Republic of Kazakhstan shall entail a notification or fine on
subjects of small entrepreneurship or non-profit organizations in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on subjects of small entrepreneurship or non-profit organizations in amount of
forty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
Article 95. Non-ensuring of investigation of
industrial accidents 1. Non-ensuring of investigation of industrial accidents in accordance with a
requirement of the labour legislation of the Republic of Kazakhstan shall entail a fine
on subjects of small entrepreneurship in amount of fifty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 96. Concealing a fact of industrial accident 1. Concealing a fact of industrial accident shall entail a fine on subjects of
small entrepreneurship or non-profit organizations in amount of one hundred, on subjects
of medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of four hundred monthly
calculation indices.
Article 97. Violation of requirements of the legislation
on conclusion of collective contract, agreement 1. Avoidance from participation in negotiations on conclusion, amending or
supplementing collective contract, agreement or violation of terms of holding the
mentioned negotiations, failure to ensure work of the relevant commission in terms
determined by parties shall entail a fine on persons authorized to hold negotiations in
amount of three hundred monthly calculation indices.
2. Unreasonable refusal from conclusion of collective contract, agreement shall –
entail a fine on persons authorized to conclude the collective contract, agreement
in amount of three hundred monthly calculation indices.
3. Non-fulfillment or violation of the obligation on collective contract,
agreement shall entail a fine on persons being guilty in non-fulfilling the obligations
on collective contract, agreement in amount of three hundred monthly calculation
indices.
4. Non-presentation of information required for holding collective negotiations
and carrying out of control for performance of collective contracts, agreements shall
entail a fine on persons being guilty in non-presentation of information in amount
of fifty monthly calculation indices.
Article 98. Breach of the legislation of the Republic of
Kazakhstan on employment of population 1. Breach of the legislation of the Republic of Kazakhstan on employment of
population by an employer committed in the form of:
1) failure to represent information to the authorized body on forthcoming relieve
of employees due to liquidation of an employer – legal entity or termination of activity
of the employer – individual, reduction in the number of employees or staff size;
2) failure to represent, untimely representation of details on existence of free
work positions (vacant positions) to the authorized body;
3) failure to represent, untimely notifying on acceptance for work or refusal in
acceptance for work;
4) failure to fulfill established quota of work positions for disabled persons,
persons released from the places of deprivation of freedom, and minors graduates of
foster organizations;
5) failure to represent details to the authorized body on a quantity of those
undergoing professional training, retraining and in-plant education with specification
of received specialty and qualification shall entail a fine in amount of ten monthly
calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine in amount of twenty monthly calculation indices.
3. Failure to conclude a contract by an employment agency with a person that
referred for rendering of services on labour mediation shall entail a fine in amount of
ten monthly calculation indices.
4. Failure to represent primary statistics by individuals and legal entities
engaged in labour mediation, as well as employers that received permission for
involvement of foreign labour force or at whom the foreign workers that received
permission for employment operate, shall entail a fine in amount of ten monthly
calculation indices.
Article 99. Breach of the legislation of the Republic of
Kazakhstan on state service
1. Violation of a procedure for competitive selection for taking a vacant
administrative state position shall entail a fine on civil servants in amount of thirty
monthly calculation indices.
2. Illegal dismissal of persons from administrative state positions shall entail a
fine on civil servants in amount of sixty monthly calculation indices.
Article 100. Reversion of a claim to the damage of an
individual or legal entity filed by him (her) (it)
Reversion of a claim to the damage of an individual or legal entity that filed
reasonable claim or in the interest of whom it was filed, shall entail a fine on civil
servants in amount of ten monthly calculation indices.
Chapter 11. ADMINISTRATIVE INFRACTIONS INFRINGING
ON ELECTORAL RIGHTS (RIGHT TO PARITIPATE IN
REPUBLICAN REFERENDUM)
Article 101. Non-presentation of details and materials to
electoral commission (commission of republican referendum) by
civil servants or non-execution of commission’s decisions
Non-presentation of details and materials to electoral commission (commission of
republican referendum) by civil servants on existence or absence of outstanding or
unexpunged conviction of a candidate in the manner established by the Law; on a guilt in
commission of corruption crime and infarction of a candidate recognized by a court in
the manner established by the Law; on a citizenship of a candidate; on credibility of
details on incomes and property declared by a candidate or his (her) wife (husband); on
lists of electorates on each electoral district or non-execution of the commission’s
decision by them being adopted within its competition, shall
entail a fine in amount of twenty monthly calculation indices.
Article 102. Conduct of pre-election campaigning during
its prohibition Conduct of pre-election campaigning before completion of the term of registration
of a candidate, party list on a date of elections or a date preceding it, as well as
conduct of campaigning on a date of conducting republican referendum or a date preceding
it, shall entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of thirty five monthly calculation indices.
Article 103. Impeding the right to carry on pre-election
campaigning
Impeding to candidates for presidency, deputies or for other elective positions,
their authorized representatives, policy parties in the process of exercising the right
to carry on pre-election campaigning shall entail a fine on individuals in amount of
twenty, on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount
of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation
indices.
Article 104. Distribution of knowingly false information on
candidates, policy parties
Distribution of knowingly false information on candidates, policy parties or
commission of other actions discrediting their honor, dignity and business reputation
for the purpose of influence on electoral outcome shall entail a fine on individuals in
amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount
of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation
indices.
Article 105. Violation of rights of a member of electoral
commission (commission of republican referendum) Violation of the rights of a member of electoral commission (commission of
republican referendum) to act at a session of electoral commission, make proposals on
the issues included to the competence of the relevant electoral commission, and require
conduct of voting on them, familiarize with documents and materials of electoral
commission to which he (she) belongs, receive their certified copies, carry out
inspection of activity of inferior electoral commission shall entail a fine in amount of
thirty five monthly calculation indices.
Article 106. Violation of the right of a citizen to familiarize
with a list of electorates
Violation of the right of a citizen to familiarize with a list of electorates
(electors, list of persons having the right to participate in republican referendum) or
failure to consider an application to electoral commission on a date of receipt, or
refusal to issue a copy of a decision to the citizen in written form with exposure of
motives for dismissing the application on applying corrections into the list of
electorates (electors, list of persons having the right to participate in republican
referendum), or non-execution of the court decision on correction of the list of
electorates (electors, list of persons having the right to participate in republican
referendum) without delay shall entail a fine in amount of thirty monthly calculation
indices.
Article 107. Representation of false details on electorates
for drawing lists of electorates (citizens having the right
to participate in republican referendum) 1. Representation of false details on electorates (citizens having the right to
participate in republican referendum) by civil servants to local executive bodies for
drawing the lists of electorates (citizens having the right to participate in
referendum) shall entail a fine in amount of twenty five monthly calculation indices.
2. Representation of false lists of electorates (citizens having the right to
participate in republican referendum) by civil servants of local executive bodies to the
relevant electoral commission shall entail a fine in amount of thirty monthly
calculation indices.
Article 108. Violation of requirement on equal electoral right Violation of requirement on equal electoral right by voting two and more times or
for another electorate shall entail a fine in amount of twenty five monthly calculation
indices.
Article 109. Carrying out of activity by foreign persons,
stateless persons, foreign legal entities and international
organizations impeding and (or) promoting nomination and
election of candidates, policy parties that nominated party
list, achievement of certain results at elections
Carrying out of activity by foreign persons, stateless persons, foreign legal
entities and international organizations impeding and (or) promoting nomination and
election of candidates, policy parties that nominated party list, achievement of certain
results at elections shall entail a fine on individuals in amount of thirty monthly
calculation indices with administrative expulsion beyond the borders of the Republic of
Kazakhstan or without such, on legal entities – in amount of one thousand monthly
calculation indices.
Article 110. Issuance of voting bulletins (bulletins for
voting) to citizens for the purpose of provision of a
possibility to vote for other persons
Issuance of voting bulletins (bulletins for voting) by a member of electoral
commission (commission of republican referendum) to citizens for the purpose of
provision of a possibility to vote for other persons shall entail a fine in amount of
twenty five monthly calculation indices.
Article 111. Refusal of an employer in provision of a leave for
participation in elections (republican referendum)
Refusal of an employer to provide a leave provided by the legislative acts to
registered candidate for deputies or for another elective position or to a member of
electoral commission for participation in preparation and conduct of elections in bodies
of state power, management and in bodies of local self-government (republican
referendum), shall entail a fine in amount of thirty monthly calculation indices.
Article 112. Violation of conditions for conduct of
pre-election campaigning through mass media
1. Non-objective covering of electoral campaign of candidates, policy parties by
mass media that is expressed in distortion of purposes, tasks and results of pre-
election actions, as well as events and facts linked with them shall entail a fine on
individuals in amount of twenty, on civil servants – in amount of thirty, on legal
entities – in amount of fifty monthly calculation indices.
2. Publication of information of campaign materials by means of mass media and
another information knowingly discrediting honor, dignity and business reputation of a
candidate or policy party, as well as refusal in provision of a possibility to mentioned
persons to publish freely rebutment in protection of the honor, dignity and business
reputation shall entail a fine on individuals in amount of twenty, on civil servants –
in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.
3. Interrupting and commenting speeches of candidates on television and radio
immediately after the speech, as well as in printed publications in a same number shall
entail a fine on individuals in amount of twenty, civil servants – in amount of thirty,
on legal entities – in amount of fifty monthly calculation indices.
4. Violation of requirements by means of mass media on distribution of information
on events on nomination of all the candidates and party lists, their registration by
electoral commissions in equal volumes of print space, broadcast time shall entail a
fine on individuals in amount of twenty, civil servants – in amount of thirty, on legal
entities – in amount of fifty monthly calculation indices.
5. Publication or airing of campaigning materials of candidates, policy parties
participating in elections by means of mass media that no later than ten day after
official publication of a decision on appointment (announcement) of elections did not
announce and did not publish, as well as did not represent details to the electoral
commission on amount of payment, conditions and procedure for representing airing and
print space shall entail a fine on civil servants o amount of thirty, on legal entities
in amount of fifty monthly calculation indices.
6. Refusal of mass media from allocation of a broadcast time, print space to one
of candidates, policy party that nominated a party list, in case if the same mass media
gave an agreement to another candidate, policy party that nominated the party list for
allocation of the broadcast time, print space, shall entail a fine on civil servants in
amount of thirty, on legal entities – in amount of fifty monthly calculation indices.
7. Violation of priority of the speeches of the candidates and policy parties
that nominated party lists in mass media, established in the manner of receiving written
references or by lot, in case, if the references were received at the same time, shall
entail a fine on civil servants in amount of thirty, on legal entities – in amount
of fifty monthly calculation indices.
8. Creation of preferences to one or another candidate, policy party that
nominated the party list by conditions of a contract on provision of a broadcast time,
print space in mass media to candidates and policy parties that nominated the party
lists shall entail a fine on civil servants in amount of thirty, on legal entities – in
amount of fifty monthly calculation indices.
Article 113. Production or distribution of anonymous
campaign materials
During preparation and conduct of elections to bodies of the state power and
bodies of local self-government (republican referendum), the production or distribution
of campaign printed and electronic materials that do not contain information on
organizations that issued these materials, place of their printing, circulation, persons
that gave order and from which funds they are paid, as well as production of campaign
printed materials beyond the borders of the Republic of Kazakhstan, distribution of
anonymous campaign materials shall entail a fine in amount of twenty five monthly
calculation indices.
Article 114. Intentional destruction, damage of
campaign materials Intentional destruction, damage of campaign materials of candidates for deputies
or for other elective position, posted with consent of the owner or another owner on
buildings, structures and other objects shall entail a fine in amount of fifteen monthly
calculation indices.
Article 115. Failure to represent or publish reports on
payout of funds for preparation and conduct of
elections (republican referendum)
Failure to represent details by a candidate, person being elected as a deputy or
for another elective position, or by a policy party on amounts of incomings (charitable
gifts) to electoral funds and on sources of creation of electoral funds, as well as
report on use of the funds of the electoral fund shall entail a fine on a candidate,
person elected as a deputy or for another elective position, in amount of fifteen, on a
legal entity – in amount of fifty five monthly calculation indices.
Article 116. Financing of electoral campaign or rendering of
another material assistance besides the electoral funds
Rendering of financial or another material assistance to candidates, policy
parties that nominated the party lists, besides their electoral funds shall entail a
fine on individuals in amount of twenty five, on subjects of small entrepreneurship – in
amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on
subjects of large entrepreneurship – in amount of fifty monthly calculation indices.
Article 117. Acceptance of charitable gifts by a candidate
for elective state position or by a policy party from foreign
states, organizations, foreign persons and stateless persons
Acceptance of charitable gifts by a candidate for deputies or for another elective
state position or by a policy party in any form from a foreign state, international
organization or international public association, foreign state bodies, foreign persons
and legal entities created in accordance with the legislation of another state, as well
as stateless persons shall entail a fine on a candidate for deputies or for another
elective position in amount of fifty, on a legal entity – in amount of one hundred
monthly calculation indices, with confiscation of subjects of gifts.
Article 118. Rendering of services by individuals and
legal entities to candidates, policy parties without
their written agreement
Rendering of services by individuals and legal entities to candidates, policy
parties due to their pre-election activity without their written agreement shall entail
a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-
profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 119. Failure to represent or publish details on vote
returns or on election results (republican referendum) 1. Failure to represent details on vote returns being compulsory for
representation in accordance with the legislation of the Republic by a chairman of
district election commission for familiarization to the authorized person of a
candidate, representative of mass media, spectator shall entail a fine in amount of ten
monthly calculation indices.
2. The act provided by a part one of this Article committed by a chairman of
circuit election commission, as well as violation of the terms for publication or
incomplete publication of details on election results (republican referendum)
established by the election legislation (legislation on republican referendum), shall
entail a fine in amount of twenty monthly calculation indices.
3. The act provided by a part one of this Article committed by a chairman of
territorial election commission, as well as violation of the terms for publication or
incomplete publication of details on vote returns at elections (republican referendum)
established by the election legislation (legislation on republican referendum) shall
entail a fine in amount of fifteen monthly calculation indices.
4. Acts provided by parts one and three of this Article committed by a Chairman of
the Central Election Commission of the Republic of Kazakhstan shall entail a fine in
amount of twenty five monthly calculation indices.
Article 120. Violation of conditions for conduct of public
opinion survey linked with elections 1. Violation of the procedure for publication of results of public opinion
surveys, forecasts of election results, other researches linked with elections by mass
media, and specifically non-specification of the organization that conducted public
opinion survey, persons that ordered the public opinion survey, method of information
collection, precise question formulation, number of respondents and a rate of
uncertainty on results of the survey, shall entail a fine on individual in amount of
fifteen, on legal entities – in amount of thirty monthly calculation indices.
2. Publication of results of public opinion surveys, forecasts of election
results, other researches linked with elections in mass media within five days before a
polling day and on a polling day, as well as conduct of public opinion survey on a
polling day in a premise or voting precinct shall entail a fine on individuals in amount
of ten, on legal entities – in amount of twenty five monthly calculation indices.
Article 121. Making amendments into the lists of electorates
(electors) after beginning of vote tabulation Making amendments into the lists of electorates (electors) after beginning of vote
tabulation shall entail a fine in amount of twenty monthly calculation indices.
Article 122. Violation of conditions of conducting
pre-election campaigning
1. Conduct of pre-election campaigning by state bodies, bodies of local self-
government, as well as their civil servants upon fulfillment of official obligations,
military servants of the Armed Forces of the Republic of Kazakhstan, other forces and
military formations of the Republic of Kazakhstan, workers of national security bodies,
law enforcement bodies, judges, members of election commissions, religious associations,
as well as distribution of any campaign pre-election materials by mentioned persons
shall entail a fine on individuals in amount of twenty, on civil servants – in amount of
thirty monthly calculation indices.
2. Conduct of pre-election campaigning accompanied by provision of goods,
services, securities to electorates without payment, as well as conducting of lotteries,
charitable actions, payment of money or promise to provide such shall –
entail a fine in amount of twenty monthly calculation indices.
3. Participation of journalists, civil servants of editors of mass media
registered by candidates or their authorized persons in coverage of elections through
mass media shall entail a fine in amount of twenty monthly calculation indices.
Article 123. Violation of conditions of providing premises
to candidates for meetings with electorates Refusal of civil servants of local executive bodies and bodies of local self-
government in provision of premises to one of the candidates, policy party that
nominated the party list on a contractual basis for meetings with electorates, in case
if they gave a consent to another candidate, policy party that nominated the party list
shall entail a fine in amount of thirty monthly calculation indices.
Article 124. Placement of campaigning materials
Placement of campaigning materials on monuments, obelisks, buildings and
structures, having historical, cultural or architectural value, as well as in a premise
for voting shall entail a fine in amount of twenty five monthly calculation indices.
Article 125. Violation of procedure for expenditure of
the funds allocated from republican budget for conduct
of pre-election campaigning
Inappropriate expenditure of the funds by candidates for deputies or for another
elective position, allocated from republican budget for conduct of pre-election
campaigning, shall entail a fine in amount of five monthly calculation indices.
Article 126. Impeding to legal activity of authorized persons
of candidates, policy parties, representatives of mass media
and spectators at elections
1. Impeding to the right of authorized persons of candidates, policy parties,
spectators of policy parties, other public associations, non-profit organizations of the
Republic of Kazakhstan, representatives of mass media to attend at sessions of electoral
commission or presence at a polling district on a polling day from the date of its
opening and until establishment of vote results upon vote tabulation of electorates, or
supervision of the course of voting, procedure for vote tabulation and presentation of
vote results at a polling district, in a voting precinct, or presence upon opening and
installation of equipment of electronic electoral system, as well as upon inspection of
its work in cases when such right is provided by the Law shall entail a fine in amount
of thirty monthly calculation indices.
2. Impeding to the right of authorized persons of candidates, policy parties,
spectators of policy parties, other public associations, non-profit organizations of the
Republic of Kazakhstan to accompaniment of the members of electoral commission for
organization of voting outside a voting premise or presence upon conduct of voting of
electorates outside the voting premise, or carrying out of photo-, audio- and video-
recording, or supervision of procedures for transferring the protocols on vote results
to superior electoral commissions, or refusal in receipt of information on a quantity of
the electorates that took participation in voting, as well as in voting outside the
premise, or appeal of decisions, actions (omission) of the relevant electoral commission
and (or) its members in cases when such right is provided by the Law, shall entail a
fine in amount of thirty five monthly calculation indices.
3. Refusal in repeated vote tabulation to authorized persons of candidates, policy
parties in cases when such right is provided, shall entail a fine in amount of thirty
five monthly calculation indices.
4. Impeding to the right of spectators of foreign states and international
organizations, representatives of foreign mass media to attend at all the stages of
election process or to receive information in electoral commissions on a course of
electoral campaign, or to access to voting precincts during conduct of voting and vote
tabulation, or to meeting with participants of election process, or to public
announcements, or supervision of the procedures for transferring the protocols on vote
results to superior electoral commissions in cases when such right is provided, shall
entail a fine in amount of thirty five monthly calculation indices.
Chapter 12. ADMINISTRATIVE INFRACTIONS INFRINGING
THE RIGHTS OF MINORS
Article 127. Failure to fulfill the obligations on nurturing of
children by parents or other legal representatives 1. Failure to fulfill obligations on nurturing and education of minor children by
parents or other legal representatives shall entail a fine in amount of seven monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine in amount of twenty monthly calculation indices or administrative arrest up to
fifteen days.
Article 128. Involvement of a minor in commission of
administrative infraction
Involvement of a minor in commission of administrative infraction shall entail a
fine in amount of one hundred monthly calculation indices.
Article 129. Failure to fulfill the obligation on registration
of orphaned children, children left without parental custody,
being in need of a dwelling place by persons of local executive
bodies and (or) legal representatives of a child
1. Failure to fulfill the obligation on registration of orphaned children,
children left without parental custody, being in need of a dwelling place, and equally
registration with violation of established term by civil servants of local executive
bodies and (or) legal representatives of a child shall entail a fine in amount of one
hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine in amount of two hundred monthly calculation indices.
Article 130. Failure to fulfill the obligation on preservation
of a dwelling place of orphaned children, children left without
parental custody by persons of local executive bodies and (or)
legal representatives of a child 1. Failure to fulfill the obligation on preservation of a dwelling place of
orphaned children, children left without parental custody by civil servants of local
executive bodies and (or) legal representatives of a child shall entail a fine in amount
of four hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine in amount of five hundred monthly calculation indices.
Article 131. Reduction of a minor to intoxication Reduction of a minor to intoxication shall entail a fine in amount of twenty
monthly calculation indices or administrative arrest for the term up to five years.
Article 132. Admission for minors to stay in entertainment
places at night time
1. Admission for minors to stay in entertainment places without accompaniment of
legal representatives at night time (from 22 pm to 6 am) shall entail a fine on
individuals in amount of thirty, on subjects of small entrepreneurship or non-profit
organizations in amount of forty five, on subjects of medium entrepreneurship – in
amount of sixty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of sixty, on subjects of small entrepreneurship or non-
profit organizations in amount of ninety, on subjects of medium entrepreneurship – in
amount of one hundred twenty, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices, with suspension of activity or separate types of
activity.
Article 133. Sale of tobacco and tobacco products to persons
and by persons that did not attain eighteen years
1. Sale of tobacco and tobacco products to persons and by persons that did not
attain eighteen years shall entail a fine on individuals in amount of twenty, on
subjects of small entrepreneurship – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of eighty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of forty, on subjects of small entrepreneurship – in
amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices, with suspension of activity or separate types of activity.
Article 134. Sale of subjects and materials of erotic
content to minors
1. Sale of printed publications, cine- or video-materials, images or other
subjects or materials of erotic content to minors shall entail a fine on individuals in
amount of twenty, on subjects of small entrepreneurship – in amount of forty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of eighty monthly calculation indices, with confiscation of
subjects and materials of erotic content.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of forty, on subjects of small entrepreneurship – in
amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on
subjects of large entrepreneurship – in amount of one hundred sixty monthly calculation
indices, with confiscation of subjects and materials of erotic content.
Article 135. Violation of order and terms for presentation
of details on minors being in need of transferring for
adoption, under trusteeship (guardianship), for
upbringing in families of individuals 1. Violation of by heads of organizations in which there are children left without
parental custody, as well as by civil servants of executive bodies of the Republic of
Kazakhstan committed in the form of:
1) non-compliance with the terms for representing details on minors being in need
of transferring for adoption, under trusteeship (guardianship), for upbringing in
families of individuals;
2) representation of inaccurate information on a child, concealing data subjected
to reflection of a possibility for arrangement of a child left without parental custody
to a family for his (her) regional and centralized registration of children left without
parental custody;
3) illegal divulgence of details on existence of children left without parental
custody in regional, centralized registration, and data about them to separate citizens,
institutions and public organizations;
4) violation of order of primary, regional, centralized record keeping of orphaned
children and children left without parental custody shall entail a fine in amount of
thirty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine in amount of sixty monthly calculation indices.
Chapter 13. ADMINISTRATIVE INFRACTIONS INFRINGING
TO PROPERTY
Article 136. Violation of a right of state ownership of land
Illegal occupation or exchange of state land fields or consummation of other
transactions directly or indirectly infringing the right of the state ownership of land,
as well as untimely return of temporary occupied state lands, shall entail a fine on
individuals in amount of seventy five, on civil servants, subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices.
Article 137. Breach of the land legislation of the Republic
of Kazakhstan upon provision of the right to a land field
and upon change of designated purpose of a land field
1. Breach of the land legislation of the Republic of Kazakhstan upon provision of
the right to a land field and upon change of designated purpose of a land field, if
these actions do not contain signs of criminally punishable act committed in the form
of:
1) provision of land fields or the lease rights of land fields being in the state
ownership and not provided for land use without holding of biddings (auctions and
competitions), with the exception of cases when the auction and competition methods of
providing land fields do not apply to the land field or the lease right of land field;
2) violation of established terms of considering the petitions (applications) of
individuals and legal entities on provision of the relevant right to land field;
3) adoption of decision by a local executive body on provision of the rights to
land fields without a favorable conclusion of the land commission and (or) without
approved land surveying project;
4) violation of the term for adoption of decision by a local executive body on
refusal to provide the rights to land fields;
5) violation of the term for adoption of decision by a local executive body on
provision of the rights to land fields;
6) adoption of decision by a local executive body on provision of the right of
private property to land fields that may not be in private ownership;
7) adoption of decision by a local executive body on compulsory alienation of a
land field for the state needs in cases not provided by the legislative acts;
8) adoption of decision by a local executive body on free provision of land fields
into private ownership with size that is more than a standard provided by the land
legislation, as well as repeated free provision;
9) adoption of decision by a local executive body on provision of the right of
temporary non-repayable land use for the purpose and in the term not provided by the
land legislation;
10) adoption of decision by a local executive body on provision of the right of
private ownership to the agricultural lands for foreign persons and stateless persons;
11) adoption of decision by a local executive body on provision of the rights to
land fields that are not included into its competence;
12) violation of the term for consideration of an application on change of
designated purpose of a land field;
13) violation of the terms for production and issuance of identification documents
for a land field;
14) violation of the terms for consideration and approval of a land surveying
project;
15) violation of the terms for conclusion of buy and sell contract or contract of
temporary compensated (uncompensated) land use shall entail a fine on civil servants in
amount of thirty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of sixty monthly calculation indices.
Article 138. Destruction of special signs 1. Destruction of landmarks of borders of land fields shall entail a notification
or a fine on individuals in amount of three, on subjects of small entrepreneurship or
non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Destruction or damage of monitoring and observation wells for ground waters,
observant regime alignments on water objects, water protection or hydroeconomic signs,
forest estimation or forestry-based signs in a forest fund, surveying, geodesic and
levelling points and signs, shall entail a fine on individuals in amount of five, on
subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 139. Violation of the right of state ownership
to subsoil 1. Illegal use of subsoil with the exception of ground waters, consummation of
transaction violating the right of the state ownership to subsoil in a direct or latent
form shall entail a fine on individuals in amount of fifty, on civil servants, subjects
of small entrepreneurship – in amount of one hundred, on subjects of medium
entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship
– in amount of five hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of one hundred, on civil servants, subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of seven hundred monthly calculation indices, with a confiscation of the property
received due to commission of administrative infraction, tools and subjects for
commission of the administrative infraction.
Article 140. Selective development of deposit fields
1. Selective development of deposit fields that lead to deterioration of quality
of the rest reserves, unreasonable extra-project and losses of mineral resources above
permitted standards, shall entail a fine on subjects of small entrepreneurship in amount
of one hundred fifty, on subjects of medium entrepreneurship – in amount of two hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices.
2. Non-compliance with project decisions on development of deposit fields that
lead to environmental harm, shall entail a fine on subjects of small entrepreneurship in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred
fifty, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
Article 141. Violation of the right of state ownership
to waters 1. Illegal seizure of water objects, including discharge of sewage and other
waters, illegal water use, reassignment of the right of water use, as well as
consummation of other transactions, violating the right of the state ownership to waters
in direct or latent form, shall entail a fine on individuals in amount of thirty, on
civil servants, subjects of small entrepreneurship or non-profit organizations – in
amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on
subjects of large entrepreneurship – in amount of one four hundred monthly calculation
indices.
2. Water intake with violation of limits, excess of permitted volumes, illegal
performance of hydraulic engineering works, irrational, inappropriate use of ground and
surface waters, produced or passed off from water objects, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of two hundred fifty monthly calculation indices.
Article 142. Violation of the right of the state ownership
to forests Buy and sell, giving, pledge, illegal engagement and exchange of fields of the
forest fund, as well as illegal reassignment of the right to carry out forest uses
violating the right of the state ownership to forests, shall entail a fine on
individuals in amount of twenty, on civil servants – in amount of twenty five, on
subjects of small entrepreneurship or non-profit organizations – in amount of seventy,
on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of five hundred monthly calculation indices.
Article 143. Violation of the right of the state ownership
to animal and plant world
1. Illegal reassignment of the right of using objects of animal world, as well as
commission of other transactions violating the right of the state ownership to animal
world in a direct or latent form, as well as illegal use of objects of the plant world
in conservations and on other especially protected natural areas, the use of which
requires obtainment of permission, shall entail a fine on individuals in amount of ten,
on civil servants – in amount of twenty five, on subjects of small entrepreneurship or
non-profit organizations – in amount of seventy, on subjects of medium entrepreneurship
– in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of
five hundred monthly calculation indices.
2. Illegal reassignment of the right of using the objects of plant world, as well
as consummation of other transactions violating the right of the state ownership to
plant world in a direct or latent form, and equally illegal use of objects of the plant
world the use of which requires obtainment of permission, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of
fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices.
Article 144. Illegal connection, use of energy or waters
1. Illegal connection, use of electric and (or) heat energy shall entail a fine on
individuals in amount of fifty, on civil servants – in amount of one hundred, on
subjects of small entrepreneurship or non-profit organizations – in amount of one
hundred fifty, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
2. Illegal connection, use of waters from water supply networks, and equally
illegal connection to sewerage networks shall entail a fine on individuals in amount of
thirty, on civil servants – in amount of sixty, on subjects of small entrepreneurship or
non-profit organizations – in amount of one hundred, on subjects of medium
entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship
– in amount of three hundred monthly calculation indices.
Article 145. Breach of the legislation of the Republic of
Kazakhstan in the field of protection and use of objects
of historical and cultural heritage
Breach of the legislation of the Republic of Kazakhstan in the field of protection
and use of objects of historical and cultural heritage committed in the form of:
1) violations of the rules of protection and maintenance of monuments of history
and culture;
2) violations of conditions of maintenance of a monument of history and culture
signed in preservation orders;
3) violation of requirements of constructing new monuments of history and culture;
4) illegal movement and change of a monument of history and culture;
5) failure to conduct research works on detection of objects having historical,
scientific, artistic and other cultural value upon land invasion before land allotment;
6) performance of works that may create a threat to existence of objects of
historical and cultural heritage, shall entail a fine on individuals in amount of ten,
on civil servants, subjects of small entrepreneurship – in amount of fifty, on subjects
of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices, with
suspension of performed works.
Article 146. Passage on sowings or plantings
Passage on sowings or plantings on a mechanical transport vehicle, animal
transport shall –
entail a notification or a fine in amount of five monthly calculation indices.
Article 147. Damage of sowings, hayricks, spoiling or
destruction of harvests of gathered agricultural crops being
in a field, damage of plantings 1. Damage of sowings, hayricks, spoiling or destruction of harvests of gathered
agricultural crops being in a field or damage of plantings of agricultural organizations
independently from their legal organizational form, peasant or farm enterprises,
personal subsidiary husbandries by livestock or birds, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty monthly calculation indices.
2. The same actions committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part one of this Article,
shall –
entail a fine on individuals in amount of forty, on civil servants – in amount of
seventy monthly calculation indices.
Article 148. Violation of terms for return of the
state nature grants Violation of grants for return of the state nature grants established by the
legislation on investments, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of
large entrepreneurship – in amount of one thousand monthly calculation indices.
Article 149. Non-fulfillment and (or) improper fulfillment
of obligations on ensuring of antiterrorist protection and
compliance with adequate level of security of an object
being assailable in a terrorist relation
1. Non-fulfillment and (or) improper fulfillment of obligations by an owner or
head of an object being assailable in a terrorist relation on ensuring of antiterrorist
protection and compliance with adequate level of security of the object entrusted to him
(her), shall –
entail a fine on individuals or civil servants in amount of one hundred, on
subjects of small entrepreneurship or non-profit organizations – in amount of two
hundred, on subjects of medium entrepreneurship – in amount of three hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
–
entail a fine on individuals or civil servants in amount of two hundred, on
subjects of small entrepreneurship or non-profit organizations – in amount of three
hundred, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of one thousand monthly calculation indices.
Article 150. Advertising of activity of financial
(investment) pyramids Production, dissemination and positioning of advertising of the activity of
financial (investment) pyramids shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants –
in amount of one hundred seventy, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of six
hundred monthly calculation indices with suspension of release (airing) of mass media
for a term up to three months.
Chapter 14. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
ENTREPRENEURSHIP ACTIVITY
Article 151. Violation of the rules for outflow or dispatch of
raw materials, food commodities and industrial products beyond
the borders of the Republic of Kazakhstan 1. Violation of the rules for outflow or dispatch of raw materials, food
commodities, industrial products beyond the borders of the Republic of Kazakhstan shall
–
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices with confiscation of raw materials or goods or without such.
Article 152. Violation of rules for acceptance of raw
materials, food commodities and industrial products for
dispatch beyond the borders of the Republic of Kazakhstan
Violation of rules for acceptance of raw materials, food commodities and
industrial products for dispatch from the Republic of Kazakhstan committed by workers of
postal organizations, railway, automobile, river, marine and air transport shall –
entail a fine in amount of ten monthly calculation indices.
Article 153. Illegal entrepreneurship
Engagement in prohibited types of entrepreneurial activity, if this action causes
heavy damage to a citizen, organization or the state or connected with deriving revenue
in a large amount or production, storage, transfer or selling of sub-excise goods in a
considerable amount, if these actions do not contain signs of criminally punishable act,
shall –
entail a fine on individuals, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty percent of a sum of inflicted damage, of a
sum of derived revenue and cost of sub-excise goods received in a result of illegal
entrepreneurship.
Note.
1. Heavy damage in Articles 153 and 155 of this Code shall be considered as the
damage inflicted to a citizen to the sum not exceeding one thousand monthly calculation
indices, or damage inflicted to organization or the state to the sum not exceeding ten
thousand monthly calculation indices.
2. Revenue in a large amount in Articles 153 and 155 of this Code shall be
considered as the revenue the sum of which does not exceed ten thousand monthly
calculation indices.
3. In this Article, the considerable amount is such quantity of goods, the cost of
which does not exceed one thousand monthly calculation indices.
Article 154. Engagement in entrepreneurial activity by a person
for whom the prohibition to carry out such activity is
established by the legislation of the Republic of Kazakhstan
Engagement in entrepreneurial activity by a person for whom the prohibition to
carry out such activity is established by the legislation of the Republic of Kazakhstan,
shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with confiscation of subjects and (or) tools of committing administrative infractions
and (or) revenues (dividends), money, securities received due to commission of the
infraction.
Article 155. Illegal banking activity Carrying out of banking activity (banking operations) without registration or
without special permission (license) in cases when such permission (license) is
compulsory, that inflicted heavy damage to a citizen, organization or the state or
connected with deriving revenues in a large amount, if this action does not contain the
signs of criminally punishable act, shall –
entail a fine on individuals, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty percent of a sum of inflicted damage, of a
sum of derived revenue received in a result of illegal activity.
Article 156. Violation of requirements of the legislation
of the Republic of Kazakhstan on culture
1. Violation of requirements of the legislation of the Republic of Kazakhstan on
culture committed in a form of:
1) distribution and public demonstration of films in a territory of the Republic
of Kazakhstan without distribution certificate for a film;
2) non-informing audience in established manner on viewers’ age limit (index) of a
film;
3) non-compliance with established time upon distribution and public demonstration
of films with indices “E18” and “HA” in cinema halls and other places designated for
these purposes and on television channels (with the exception of foreign television
channels);
4) non-compliance with order and conditions of temporary coming out of cultural
values;
5) non-provision of compulsory free example of publication to the national
libraries, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 157. Knowingly false advertising
Use of knowingly false information by an advertiser in advertisement in respect of
goods, works and services, as well as their producers, performers or sellers committed
for selfish motives and that inflicted heavy damage shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship –
in amount of five hundred, on subjects of large entrepreneurship – in amount of one
thousand monthly calculation indices.
Note. Heavy damage in this Article shall be considered as a damage inflicted to an
individual to the sum hundredfold exceeding monthly calculation index, or the damage
inflicted to organization or the state to the sum five hundredfold exceeding the monthly
calculation index.
Article 158. Illegal use of wrong trademark, service mark, name of a place of
origin of goods or firm name
Illegal use of wrong trademark, service mark or name of the place of origin of
goods or designations for homogeneous goods or services being similar to them, as well
as illegal use of wrong firm name, if these actions do not contain the signs of
criminally punishable act, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with confiscation of goods containing illegal image of a
trademark, service mark, name of the place of origin of goods or designations for
homogeneous goods or services being similar to them.
Note.
1. Confiscation for commission of infractions mentioned in this Article shall be
carried out in case of impossibility to destroy the produced image of a trademark,
service mark, name of the place of origin of goods or firm name, its package, blanks or
another documentation, illegally used trademark or name of the place of origin, as well
as designations being similar to them up to the mixtion extent.
2. Goods confiscated in accordance with parts one and two of this Article shall be
subject to destruction in the manner provided by Article 795 of this Code, with the
exception of cases of their transfer to a rights holder upon his (her) request.
Article 159. Monopolistic activity 1. Anticompetitive agreements of market entities prohibited by the Law of the
Republic of Kazakhstan “On business competition”, if these actions do not contain signs
of criminally punishable act, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of three, on subjects of large entrepreneurship – in amount of
five percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
2. Anticompetitive coordinated actions of market entities prohibited by the Law of
the Republic of Kazakhstan “On business competition”, if these actions do not contain
the signs of criminally punishable act, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of three, on subjects of large entrepreneurship – in amount of
five percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
3. Abuse of dominant or monopoly position by market entities prohibited by the Law
of the Republic of Kazakhstan “On business competition”, if these actions do not contain
the signs of criminally punishable act, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of three, on subjects of large entrepreneurship – in amount of
five percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of five, on subjects of large entrepreneurship – in amount of
ten percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
5. Coordination of economic activity of market entities by individuals and (or)
legal entities that may lead, leading or that lead to any form of anticompetitive
agreements of market entities prohibited by the Law of the Republic of Kazakhstan “On
business competition”, shall –
entail a fine on individuals in amount of two hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of three hundred fifty, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
6. The action provided by a part five of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of three hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of three hundred fifty, on
subjects of medium entrepreneurship – in amount of seven hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
Note.
Market entity that committed administrative infraction in the form of
anticompetitive agreement or anticompetitive coordinated actions shall be released from
administrative liability upon cumulative compliance with the following conditions:
1) at the time, when a market entity applies to the antimonopoly body o
anticompetitive agreements or anticompetitive coordinated actions, the antimonopoly body
did not receive the information on these anticompetitive agreements or anticompetitive
coordinated actions from other sources;
2) market entity takes urgent measures on termination of own participation in
anticompetitive agreements or anticompetitive coordinated actions;
3) market entity informs full information on the facts of anticompetitive
agreements or anticompetitive coordinated actions during all the investigation from the
date of application;
4) market entity compensates damage to consumers on a voluntary basis inflicted in
a result of commission of anticompetitive agreements or anticompetitive coordinated
actions.
Footnote. Article 159 as amended by the Law of the Republic of Kazakhstan dated
05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 160. Breach of the legislation of the Republic of
Kazakhstan on state monopoly
1. Non-compliance of restrictions by a subject of state monopoly established by
the legislation of the Republic of Kazakhstan on state monopoly, shall –
entail a fine in amount of three hundred monthly calculation indices.
2. Carrying out of activity related to the scope of the state monopoly by the
unauthorized person shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of three hundred monthly calculation indices, with a confiscation of the subjects
and (or) tools for commission of administrative infraction or without such.
Article 161. Illegal actions of market entities upon economic
concentration
1. Economic concentration of market entities without receipt of agreement of the
antimonopoly body in case if such agreement is required, non-fulfillment of requirements
and obligations by market entities participating in economic concentration, by whom the
decision on giving the agreement for economic concentration is conditioned, shall –
entail a fine on individuals in amount of eighty, on subjects of small
entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of
medium entrepreneurship – in amount of three hundred twenty, on subjects of large
entrepreneurship – in amount of one thousand six hundred monthly calculation indices.
2. Non-provision or untimely provision of a notification to the antimonopoly body
on committed economic concentration in case if existence of such notification is
required, shall –
entail a fine on individuals in amount of eighty, on subjects of small
entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of
medium entrepreneurship – in amount of three hundred twenty, on subjects of large
entrepreneurship – in amount of one thousand six hundred monthly calculation indices.
Article 162. Non-fulfillment of a prescription of the
antimonopoly body. Violation of obligations on provision of
information and creation of obstacles to access
to premises and in a territory Non-fulfillment of a prescription or fulfillment not in a full measure, non-
provision of information or provision of information not in a full measure to the
antimonopoly body within established terms, provision of inaccurate and (or) false
information to the antimonopoly body, creation of obstacles to civil servants of the
antimonopoly body prosecuting the investigation to access to premises and in a
territory, shall –
entail a fine on individuals in amount of eighty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred sixty, on
subjects of medium entrepreneurship – in amount of three hundred sixty, on subjects of
large entrepreneurship – in amount of one thousand six hundred monthly calculation
indices.
Article 163. Anticompetitive actions of the state, local
executive bodies, unfair competition
1. Anticompetitive actions of the state, local executive bodies shall –
entail a fine on civil servants in amount of three hundred monthly calculation
indices.
2. Unfair competition shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
3. The action provided by a part two of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Article 164. Breach of the legislation of the Republic of
Kazakhstan on natural monopolies and regulated markets
1. Non-provision of information, report, notification of established forms to the
authorized body carrying out management in the scopes of natural monopolies and on
regulated markets by a subject of natural monopoly, and equally provision of
information, report, notification of established forms with violation of established
terms, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of two hundred forty, on subjects of
large entrepreneurship – in amount of eight hundred monthly calculation indices.
2. The same actions (omission) committed repeatedly second time second time within
a year after imposition of administrative sanction provided by a part one of this
Article, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
forty, on subjects of medium entrepreneurship – in amount of two hundred eighty, on
subjects of large entrepreneurship – in amount of one thousand two hundred monthly
calculation indices.
3. Non-provision of an application and documents, information on inclusion into
the State register on subjects of natural monopolies by persons carrying out the
activity related to the scope of natural monopoly to the authorized body within fifteen
calendar days from the date of beginning of carrying out of this activity in the manner
established by the legislation on natural monopolies and regulated markets, shall –
entail a fine in amount of one hundred percent of a sum of revenue (profit)
received in a result of commission of administrative infraction.
4. Non-compliance with restrictions by a subject of natural monopoly, and equally
non-fulfillment or improper fulfillment of the obligations established by the
legislation of the Republic of Kazakhstan on natural monopolies and regulated markets by
the subject of natural monopoly, with the exception of the obligation of providing
information, report, notification to the authorized body carrying out management in the
scopes of natural monopolies and on regulated markets, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
eighty, on subjects of medium entrepreneurship – in amount of three hundred twenty, on
subjects of large entrepreneurship – in amount of six hundred monthly calculation
indices.
5. Action (omission) provided by a part three of this Article that incurred
receipt of revenue (profit), shall –
entail a fine on legal entities in amount of ten percent of the revenue (profit)
received in a result of commission of administrative infraction.
Note. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as the difference between the revenue (profit) received by
a subject of natural monopoly, and the revenue (profit) that the subject of natural
monopoly should receive upon compliance with the legislation of the Republic of
Kazakhstan.
Article 165. Violation of procedure for sales (disposal)
of electric energy
1. Sales (disposal) of electric energy by energy producing organization, with the
exception of cases of selling (disposing) on spot-biddings (no more than ten percent of
the volumes of produced electric energy), balancing market and for export, according to
the tariff exceeding the limiting, individual, calculation tariffs of electric energy
respectively, shall –
entail a fine on legal entities in amount of ten percent of the revenue (profit)
received in a result of commission of administrative infraction.
2. Sale (disposal) of electric energy by energy producing organization to
individuals and legal entities that are not the subjects of wholesale and (or) retail
market, with the exception of cases of exporting electric energy, shall –
entail a fine on legal entities in amount of one hundred percent of the sum of the
revenue (profit) received in a result of commission of administrative infraction.
3. Illegal acquisition (purchase) of electric energy by energy producing
organization from another energy producing organization, shall –
entail a fine on legal entities in amount of one hundred percent of payment for
electric energy being acquired (purchased) in a result of commission of administrative
infraction.
4. Illegal sale (disposal) of electric energy by energy producing organization to
another energy producing organization, and equally its illegal acquisition (purchase)
from another energy producing organization shall –
entail a fine on legal entities in amount of one hundred percent of a sum of
payment for electric energy being sold (disposed), equally as acquired (purchased) in a
result of commission of administrative infraction.
Note.
1. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as:
1) according to part one of this Article: the difference between the revenue
(profit) received by energy producing organization, with the exception of cases provided
by this Article, and the revenue (profit) calculated respectively on limiting,
calculation, individual tariffs of electric energy;
2) according to parts one, three and four of this Article: all the income (profit)
received in a result of violation of prohibition for selling (disposing) electric energy
established by the legislation of the Republic of Kazakhstan on electric power industry.
2. Composition of revenue (profit) shall include the cost of sold (disposed)
electric energy, but not paid on a date of drawing up the protocol on administrative
infraction.
Article 166. Violation of obligations by regulated
markets entities 1. Non-provision of information by a regulated market entity on selling prices
accompanied by supporting materials confirming the level of price, financial report in
accordance with the legislation of the Republic of Kazakhstan on business accounting and
financial reporting, as well as information on the volumes of production (sale), rate of
return and selling prices of monopolistically produced (sold) goods (works, services)
within the terms established by the legislation of the Republic of Kazakhstan on natural
monopolies and regulated markets, as well as provision of inaccurate and (or) incomplete
information to the authorized body carrying out management in the scopes of natural
monopolies and on regulated markets, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
2. Non-execution of investment programs (projects) considered in limit prices by
regulated market entities, shall –
entail a fine on subjects of small entrepreneurship, subjects of medium
entrepreneurship, subjects of large entrepreneurship – in amount of ten percent of sums
not used for realization of investment programs (projects).
3. Non-fulfillment of the obligation by regulated market entities on return of the
revenue (profit) received and not used for realization of investment programs (projects)
considered in limit prices to consumers or in case of impossibility to establish the
full list of the consumers by lowering the limit price level for the coming period in
accordance with the manner of price formation, shall –
entail a fine on subjects of small entrepreneurship – in amount of sixty five, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred percent of a sum of the revenue (profit)
received in a result of commission of administrative infraction.
4. Non-fulfillment of the obligation by regulated market entities on return of the
revenue (profit) received in a result of unreasonable excess of limit price to consumers
or in case of impossibility to establish the full list of the consumers by lowering the
limit price level for the coming period in accordance with the manner of price
formation, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty five, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred percent of a sum of the revenue (profit)
received in a result of commission of administrative infraction.
5. Excess of a price and sale of goods (works, services) by regulated market
entity without representation of a notification on coming excess of the price to the
authorized body carrying out management in the scopes of natural monopolies and on
regulated markets within the terms established by the legislation of the Republic of
Kazakhstan, and equally non-lowering of current or projected price up to the price level
determined by the authorized body carrying out the management in the scopes of natural
monopolies and on regulated markets, in the manner established by the legislation of the
Republic of Kazakhstan on natural monopolies and regulated markets, shall –
entail a fine on subjects of small entrepreneurship, subjects of medium
entrepreneurship, subjects of large entrepreneurship – in amount of ten percent of the
revenue (profit) received in a result of commission of administrative infraction.
Note.
1. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as:
1) according to part three of this Article: the difference between the revenue
(profit) received by regulated market entity for selling investment programs (projects)
on account of applying the limit price, and the revenue (profit) used for realization of
investment programs (projects);
2) according to part of this Article: the difference between the revenue (profit)
received by regulated market entity, and the revenue (profit) formed proceeding from the
limit price level;
3) according to part two of this Article: the difference between the revenue
(profit) received by regulated market entity, and the revenue (profit) calculated at the
price, the level of which is determined by the authorized body carrying out management
in the scopes of natural monopolies and on regulated markets.
2. Composition of the revenue (profit) should include the cost of sold goods
(works, services), but not paid on a date of drawing up the protocol on administrative
infraction.
Article 167. Non-compliance with procedure for price formation
by regulated market entity
Non-compliance with procedure for price formation established by the authorized
body carrying out management in the scopes of natural monopolies and on regulated
markets by regulated market entity, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Footnote. Article 167 as amended by the Law of the Republic of Kazakhstan dated
05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 168. Non-execution of investment program by energy
producing organization
Non-execution of a prescription on execution of investment program by energy
producing organization introduced by the authorized body carrying out management in the
scopes of natural monopolies and on regulated markets, shall –
entail a fine in amount of ten percent of the sums received from consumers and not
used for the purpose of realization of investment program.
Article 169. Breach of the legislation of the Republic of
Kazakhstan on the state regulation of production and
turnover of biofuel 1. Excess of quota standard by producers of biofuel for acquisition of food raw
materials for the following its processing into biofuel, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred forty, on
subjects of large entrepreneurship – in amount of one thousand five hundred seventy
monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of three hundred ninety, on subjects of
large entrepreneurship – in amount of one thousand eight hundred twenty monthly
calculation indices, with a confiscation of products produced from the food raw
materials in amount of exceeded quota, and suspension of activity on production of
biofuel for the term up to three months.
3. Use of wheat of the classes 1 and 2 as a food raw material upon production of
biofuel shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
4. Sale of biofuel, the composition of which does not conform to the composition
established by the technical regulations shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
5. Production of turnover of undenatured bioethanol, with the exception of cases
of its delivery to the plant on production of biofuel or to the oil processing plant for
processing into other types of biofuel, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
6. Carrying out of production of biofuel by two and more producers of biofuel at
one and the same plant on production of biofuel, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
7. Production of biofuel by producers of the biofuel without production passport,
without control instruments for recording the volumes of producing the biofuel or during
their state of defect, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred ten,
on subjects of medium entrepreneurship – in amount of two hundred twenty, on subjects of
large entrepreneurship – in amount of seven hundred thirty monthly calculation indices,
with the confiscation of products produced during this period.
8. Acceptance of biofuel of food raw materials by producers that is genetically
modified source (object) or containing genetically modified sources (objects) without
scientific substantiated confirmation of their safety and conduct of their state
registration, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of nine hundred forty monthly calculation
indices.
9. Sale of biofuel by producers of the biofuel without execution of accompanying
notes, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
thirty, on subjects of medium entrepreneurship – in amount of two hundred seventy, on
subjects of large entrepreneurship – in amount of seven hundred ten monthly calculation
indices.
10. Sale of biofuel by producers of the biofuel to the persons that do not carry
out production of biofuel and (or) that do not have a license for compounding of oil
products, with the exception of exporting the biofuel upon existence of the relevant
documents, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
thirty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of nine hundred ninety monthly calculation
indices, with a confiscation of biofuel in a volume equal to the sold batch.
11. Release of produced biofuel by producers of the biofuel for its storage to
persons that are not the participants of the biofuel market, with the exception of
exporting the biofuel upon existence of the relevant documents, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred ten,
on subjects of medium entrepreneurship – in amount of three hundred, on subjects of
large entrepreneurship – in amount of six hundred monthly calculation indices, with a
confiscation of biofuel in a volume equal to the sold batch.
12. Storage of biofuel by persons that are not the participants of the biofuel
market and (or) that do not have a license for compounding of oil products, with the
exception of exporting biofuel upon existence of the relevant documents, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
thirty five, on subjects of medium entrepreneurship – in amount of one hundred seventy,
on subjects of large entrepreneurship – in amount of two hundred sixty monthly
calculation indices, with a confiscation of biofuel in a volume equal to the sold batch.
13. The actions provided by parts seven, eight, nine, ten, eleven of this Article
committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of one thousand three hundred monthly calculation indices,
with a confiscation of biofuel in a relevant volume.
14. The action provided by a part twelve of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty, on subjects of medium entrepreneurship – in amount of two hundred forty, on
subjects of large entrepreneurship – in amount of four hundred thirty monthly
calculation indices.
Article 170. Violation of requirements of the legislation of
the Republic of Kazakhstan on gas and gas supply 1. Non-provision of details by a subject of gas supply systems on production,
transportation (transfer), storage and sale of sales, liquefied petroleum and (or)
liquefied natural gas, and equally provision of details with violation of established
terms, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
2. Non-compliance with restrictions on operation of objects of the gas supply
systems established by the legislation of the Republic of Kazakhstan on gas and gas
supply, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
3. Violation of procedure for recording and (or) sale of sales and (or) liquefied
petroleum gas established by the legislation of the Republic of Kazakhstan on gas and
gas supply, shall –
entail a fine on subjects of small entrepreneurship in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of seven hundred monthly calculation indices.
4. Violation of a priority right of the state by a subsurface user to acquisition
of raw and (or) commercial gas, shall –
entail a fine on legal entities in amount of one thousand monthly calculation
indices.
5. Violation of a priority right of the state by an owner of an object of the gas
supply systems to acquisition of objects of the unified commercial gas supply system,
shares in a right of common property to objects of the unified commercial gas supply
system and (or) blocks of shares (participatory interests) of legal entities-owners of
the objects of the unified commercial gas supply system, shall –
entail a fine on legal entities in amount of thousand monthly calculation indices.
6. Non-compliance with established technical operating regimes of the objects of
unified commercial gas supply system shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
7. The action provided by a part three of this Article that lead receipt of the
revenue (profit), shall –
entail a fine on legal entities – in amount of thirty percent of the revenue
(profit) received in a result of commission of administrative infraction, with
suspension of the action or deprivation of accreditation certificate.
8. Violation of the rules of accreditation of gas network organizations shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with suspension of the validity term of accreditation certificate.
9. Provision of knowingly inaccurate information by an applicant upon receipt of
accreditation certificate, and equally the actions (omission) provided by a part seven
of this Article committed repeatedly second time second time within a year after
imposition of administrative sanction, as well as non-elimination of the violations of
rules of accreditation that lead bringing to administrative liability, upon expiry of
the term for suspension of validity term of accreditation certificate, shall –
entail a fine on subjects of medium entrepreneurship – in amount of two hundred,
on subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with deprivation of the accreditation certificate.
Note. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as the difference between the revenue (profit) received by
a person that committed the administrative infraction, and the revenue (profit) that
this person should receive upon compliance with the legislation of the Republic of
Kazakhstan.
Article 171. Excess of limit prices of selling oil products,
commercial liquefied petroleum gas to which the state
regulation of prices is established
1. Excess of limit price of retail sale of oil products by retail sellers of oil
products established I accordance with the legislation of the Republic of Kazakhstan on
the state regulation of production and turnover of separate types of oil products, shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
2. Excess of limit prices of wholesale trade by persons carrying out wholesale
trade of commercial or liquefied petroleum gas established in accordance with the
legislation of the Republic of Kazakhstan on gas and gas supple, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on legal entities in amount of one hundred percent of the revenue
(profit) received in a result of commission of administrative infraction, with
suspension of the validity term or deprivation of accreditation certificate.
Note. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as the difference between the revenue (profit) received by
a person that committed the administrative infraction, and the revenue (profit) that
this person should receive upon compliance with the legislation of the Republic of
Kazakhstan.
Article 172. Breach of the legislation of the Republic of
Kazakhstan on electric power industry
1. Non-publication, untimely, inaccurate or imcomplete publication of details in
mass media by energy producing organization on a volume and directions of investments or
fulfillment of investment obligations provided by the legislation of the Republic of
Kazakhstan on electric power industry, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
sixty, on subjects of large entrepreneurship – in amount of eight hundred monthly
calculation indices.
2. Non-provision, untimely, inaccurate or incomplete provision of reports on
expenses for production and sale of electric energy and on volumes of production and
sale of electric energy provided by the legislation of the Republic of Kazakhstan on
electric power industry by energy producing organization, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred
twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred
monthly calculation indices.
3. Non-provision, untimely, inaccurate or incomplete provision of information by
energy producing, power transmission organizations, requested by the state bodies,
required for carrying out of their powers provided by the legislation of the Republic of
Kazakhstan on electric power industry, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred
twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred
monthly calculation indices.
4. Non-fulfillment of investment obligations by energy producing organization
determined by the agreement, with the exception of cases provided by the legislation of
the Republic of Kazakhstan on electric power industry, shall –
entail a fine on subjects of medium entrepreneurship in amount of five, on
subjects of large entrepreneurship – in amount of ten percent of the sums not used for
realization of investment obligations provided by the agreement.
5. Illegal restriction and (or) cutoff of electric and (or) heat energy shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of seventy five monthly calculation indices.
6. Refusal of energy producing organization from conclusion of individual contract
of energy supply with a consumer, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of seventy five monthly calculation indices.
Footnote. Article 172 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 173. Illegal interference of civil servants in
entrepreneurial activity
Illegal interference of civil servants of the state bodies carrying out
supervisory and control functions, as well as of the local executive bodies in activity
of individual entrepreneurs, legal entities by issuance of illegal acts and giving of
illegal orders impeding their entrepreneurial activity, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 174. Bribery of participants and organizers of
professional sporting competitions and entertaining
commercial tenders
1. Bribery of sportsmen, sport judges, trainers, team leaders and other
participants or organizers of professional sporting competitions, and equally organizers
or award panels of entertaining commercial tenders for the purpose of influencing on
results of these competitions or tenders, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of three hundred monthly calculation indices or
administrative arrest up to fifteen days.
3. Illegal receipt of money, securities or another property by sportsmen,
transferred to them for the purpose of influencing on results of competitions, and
equally illegal use of the services of property character by the sportsmen, rendered to
them for the same purposes shall –
entail a fine in amount of four hundred monthly calculation indices.
4. Illegal receipt of money, securities or another property, illegal use of
services of property character by sports judges, trainers, team leaders and other
participants or organizers of professional sports competitions, and equally by
organizers or award panels of entertaining commercial tenders for the purposes mentioned
in a part three of this Article, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 175. Violation of the procedure for conduct of
inspection of subjects of private entrepreneurship 1. Violation of the procedure for inspection of subjects of private
entrepreneurship, including:
1) absence of grounds for conduct of inspection;
2) absence of the act on assignment of inspection;
3) non-compliance with the terms of notifying conduct of inspection;
4) inspection of performing the requirements established by the Laws of the
Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and
regulations of the Government of the Republic of Kazakhstan, if such requirements do not
relate to the competence of the state body;
5) requirement on representing documents, information, samples of products,
samples of surveying an object of ecological interest and objects of industrial
environment, if they are not the objects of inspection or do not relate to the subject
of inspection;
6) selection of samples of the products, samples of surveying objects of
ecological interest and objects of industrial environment for conduct of their
researches, tests, meterings without drawing up of the protocols on selection of
mentioned samples, samples on established form and (or) quantity exceeding the norms,
established by the national standards, rules of selecting the samples, samples and
methods of their researches, tests, meterings, technical regulations or other regulatory
technical documents, rules and methods of researching, tests, meterings being valid up
to the date of their entering into force;
7) divulgation and (or) distribution of information received in a result of
conduct of inspection and that is commercial or another secret protected by the Law,
with the exception of cases provided by the legislation of the Republic of Kazakhstan;
8) excess of established terms for conduct of inspection;
9) conduct of knowingly repeated inspection of an individual or legal entity in
respect of whom the inspection was conducted on one and the same question for one and
the same period, with the exception of cases provided by subparagraphs 2), 4), 6), 7)
and 8) of paragraph 7 of Article 16 of the Law of the Republic of Kazakhstan “On state
control and supervision in the Republic of Kazakhstan”;
10) conduct of measures having cost-based character for the purpose of the state
control on account of subjects of private entrepreneurship;
11) violation of time duration in respect of the previous inspection upon
assignment of scheduled inspection;
12) non-representation of the act of inspection to a subject being under
inspection shall –
entail a fine on a civil servant I amount of twenty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on a civil servant in amount of twenty five monthly calculation
indices.
Article 176. Unlawful actions upon rehabilitation
and bankruptcy
1. Concealing a property or property obligations, details on the property, its
size, location or another information on the property, transfer of the property to
another possession, alienation or destruction of the property, and equally non-
representation, concealing, destruction, falsification of bookkeeping and other
accounting documents, non-taking the measures on their restoration, if these actions
(omission) are committed upon rehabilitation or bankruptcy or in anticipation of the
bankruptcy and do not have the signs of criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
2. Illegal satisfaction of property requirements of separate creditors by a civil
servant, property owner of a debtor or individual entrepreneur who knows on own factual
insolvency (bankruptcy), as well as by a person vested with functions of managing the
property and affairs of the insolvent debtor upon the procedure for bankruptcy or
rehabilitative procedure, knowingly in prejudice of other creditors, and equally
acceptance of such satisfaction by the creditor who knows about the preference given to
him (her) by the insolvent debtor in prejudice of other creditors, if these actions did
not inflict heavy damage, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred
fifty, on subjects of medium entrepreneurship – in amount of six hundred, on subjects of
large entrepreneurship – in amount of two thousand monthly calculation indices.
Article 177. Breach of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy by
a temporary manager
1. Non-fulfillment or improper fulfillment of the obligation to represent a
conclusion on financial status of a debtor to the court, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Non-fulfillment or improper fulfillment of the obligation to conduct inventory
of a property mass of a bankrupt and (or) to represent a report on the inventory, shall
–
entail a fine in amount of fifty monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to direct a notice to
the authorized body in the field of rehabilitation and bankruptcy on initiation of a
case on bankruptcy and procedure for applying requirements by the creditors for its
placing on a website, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. Non-ensuring of control of the assets of a debtor for the purpose of non-
admission of withdrawal by the property owner and assets of the debtor, founders
(participants) during the judicial proceeding, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Non-fulfillment or improper fulfillment of the obligation to represent
information to the authorized body in the field of rehabilitation and bankruptcy on a
course of carrying out the procedure for bankruptcy in a due form, shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Untimely notification of creditors on decision adopted following the results of
considering the requirements applied in accordance with the legislation of the Republic
of Kazakhstan on rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Non-fulfillment or improper fulfillment of the obligation on notifying the
creditors on a date, time and place of holding the meeting of creditors, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Violation of the procedure for placing informational message on holding of
electronic auction established by the legislation of the Republic of Kazakhstan on
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
9. Non-fulfillment or improper fulfillment of the obligation to accept
constitutive, financial, entitling and other documents and seals of a debtor from his
(her) suspended civil servants, and equally to go to the court with the application on
issuing the order of enforcement on enforcement of the court decision in a part of
transferring mentioned documents and seals by suspended civil servants to a temporary
manager, shall –
entail a fine in amount of fifteen monthly calculation indices.
10. Non-fulfillment or improper fulfillment of the obligation to transfer
constitutive documents, accounting records, seals, stamps, material and other values of
a debtor upon transferring the powers from a temporary manager to a bankruptcy manager
or the debtor, substitution of the temporary manager, in case of delivering the ruling
of the court on suspension or termination of proceeding on a case, decision on refusal
in recognizing the debtor as the bankrupt or reversal of the court decision on
recognizing the debtor as the bankrupt, as well as imposition of conduct of liquidation
without initiation of the bankruptcy proceeding on the authorized body in the field of
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
11. Non-fulfillment or improper fulfillment of the obligation to represent
information on the basis of written request of a creditor and property owner of a
debtor, shall –
entail a fine in amount of thirty monthly calculation indices.
12. Non-fulfillment or improper fulfillment of the obligation to form a register
of requirements of the creditors shall –
entail a fine in amount of fifty monthly calculation indices.
13. Non-fulfillment or improper fulfillment of the obligation to consider the
application of a debtor on coordination of transactions outside the regular commercial
operations, shall –
entail a fine in amount of fifty monthly calculation indices.
14. Selling of a perishable property of a bankrupt without coordination with the
authorized body in the field of rehabilitation and bankruptcy, shall –
entail a fine in amount of fifty monthly calculation indices.
15. Actions (omission) provided by parts one – fourteen of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 178. Violation of established procedure for conduct
of public biddings, auctions and tenders
Violation of established procedure for conduct of public biddings, auctions and
tenders that inflicted heavy damage to the property owner, organizer of biddings or
auctions, customer or another economic entity, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
Note. Heavy damage in this Article shall be considered as the damage inflicted to
an individual to the sum one hundredfold exceeding the monthly calculation index, or the
damage inflicted to an organization or the state to the sum, five hundredfold exceeding
monthly calculation index.
Article 179. Breach of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy by a bank manager
1. Non-fulfillment or improper fulfillment of the obligation to conduct inventory
and (or) represent a report on inventory to the meeting of creditors, shall –
entail a fine in amount of fifty monthly calculation indices.
2. fulfillment or improper fulfillment of the obligation to ensure security and
control of the property of a bankrupt, shall –
entail a fine in amount of fifty monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to specify
requirements on recovery of a debt from the persons having debts before a bankrupt in a
judicial procedure, with the exception of cases established by the legislation of the
Republic of Kazakhstan on rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. Non-fulfillment or improper fulfillment of the obligation to represent
information to the authorized body in the field of rehabilitation and bankruptcy on the
course of carrying out the procedure for bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
5. Non-notification or improper notification of a creditor on a date, time and
place of holding a meeting of creditors in the procedure of bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Violation of the procedure for placing informational message on conduct of
electronic auction established by the legislation of the Republic of Kazakhstan on
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Violation of the procedure for generation of sales plan of a property (assets)
of a bankrupt, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Non-fulfillment or improper fulfillment of the obligation to carry out
calculations with creditors after adoption of decision by the meeting of creditors on
transition to calculations, and equally conduct of calculations with the creditors with
violation of established procedure for satisfying requirements of the creditors, shall –
entail a fine in amount of fifteen monthly calculation indices.
9. Failure to deliver information to the law enforcement bodies in cases of
detection of the signs of premeditated and (or) false bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
10. Non-fulfillment or improper fulfillment of the obligations to detect
transactions committed by a debtor or a person authorized by him (her) with violation of
requirements provided by the civil legislation of the Republic of Kazakhstan and the Law
of the Republic of Kazakhstan “On rehabilitation and bankruptcy”, and non-specification
of requirements on recognizing them invalid or return of the property in a judicial
proceeding to the property mass of a bankrupt, shall –
entail a fine in amount of fifteen monthly calculation indices.
11. Overexpenditure or inappropriate use of money provided by administrative
expenditure estimate, shall –
entail a fine in amount of fifteen monthly calculation indices.
12. Non-fulfillment or improper fulfillment of the obligations to transfer
constitutive documents, accounting records, seals, stamps, material and other values of
a debtor to newly appointed bankrupt manager or debtor upon suspension (release) of the
bankrupt manager or reversal of the court decision on recognizing the debtor as
bankrupt, shall –
entail a fine in amount of fifteen monthly calculation indices.
13. Non-representation, untimely presentation or presentation of concluding
statement that does not conform to requirements of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy to the court, shall –
entail a fine in amount of fifteen monthly calculation indices.
14. Non-fulfillment or improper fulfillment of the obligations to provide
information to the authorized body in the field of rehabilitation and bankruptcy with
accompanied by confirming documents, shall –
entail a fine in amount of fifteen monthly calculation indices.
15. Failure to notify or untimely notice of a creditor on the course of carrying
out the procedure for bankruptcy on the basis of his (her) written request, shall –
entail a fine in amount of fifteen monthly calculation indices.
16. Untimely application to a creditor on setoff of requirements on the basis of
decision of the creditors’ commission, shall –
entail a fine in amount of fifteen monthly calculation indices.
17. Non-fulfillment or improper fulfillment of the obligations on request of
information from the state bodies, individuals and legal entities on a bankrupt,
property belonging to him (her) and copies of confirming documents, shall –
entail a fine in amount of fifteen monthly calculation indices.
18. Non-specification of requirements to the court on recovery (compensation) of
damage (subsidiary responsibility) in case of establishment of guilt of civil servants
of a debtor, shall –
entail a fine in amount of fifty monthly calculation indices.
19. Non-fulfillment or improper fulfillment of the obligations on provision of a
copy of the court act to the creditors’ committee concerning the interests of a bankrupt
and his (her) creditors for consideration of the question of his (her) appealing, unless
otherwise established by the agreement with a bankrupt manager, shall –
entail a fine in amount of fifteen monthly calculation indices.
20. Non-fulfillment or improper fulfillment of obligations on acceptance of
constitutive, financial and entitling documents for a bankrupt’s property, seal and the
bankrupt’s property from a temporary manager, shall –
entail a fine in amount of fifteen monthly calculation indices.
21. Untimely closing of a bankrupt’s banking account, delivery of a taxpayer’s
certificate blank and certificates on registering for the value added tax (where
available) to the state revenues body, destruction of a bankrupt’s seal, shall –
entail a fine in amount of fifteen monthly calculation indices.
22. Action (omission) provided by parts one – twenty one of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 180. Breach of the legislation of the Republic
of Kazakhstan on rehabilitation and bankruptcy by
a temporary administrator 1. Non-fulfillment or improper fulfillment of the obligation to direct notices to
the authorized body in the field of rehabilitation and bankruptcy on applying
rehabilitative procedure and procedure for specifying requirements by creditors for
placing on its website, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Violation of the procedure for formation of a register of requirements of the
creditors established by the legislation of the Republic of Kazakhstan on rehabilitation
and bankruptcy, shall –
entail a fine in amount of fifty monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to direct conclusions
on efficiency of a rehabilitation plan to the court, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. Non-fulfillment or improper fulfillment of the obligation to consider an
application of a debtor within five business days on coordination of the transaction
outside regular commercial operations, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Non-fulfillment or improper fulfillment of the obligation to provide requested
information to the authorized body in the field of rehabilitation and bankruptcy
accompanied by confirming documents, shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Non-fulfillment or improper fulfillment of the obligation to consider
requirements of the creditors and bring the results of consideration to them, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Non-fulfillment or improper fulfillment of the obligation to notify the
creditors on place and date of holding the creditors’ meeting, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Non-fulfillment or improper fulfillment of the obligation to file an
application to the court on termination of rehabilitative procedure in case of non-
coordination of a rehabilitation plan by the creditors and (or) non-representation of
the rehabilitation plan to the court within the term established by the Law of the
Republic of Kazakhstan “On rehabilitation and bankruptcy”, shall –
entail a fine in amount of fifteen monthly calculation indices.
9. Actions (omission) provided by parts one – eight of this Article committed
repeatedly second time second time after imposition of administrative sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 181. Breach of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy by
a rehabilitation manager 1. Violation of the procedure for placing informational message on conduct of
electronic auction established by the legislation of the Republic of Kazakhstan on
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Non-fulfillment of the terms of agreement concluded with a creditors’ committee
in rehabilitative procedure, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to accept a debtor’s
property in management and to ensure its protection, shall –
entail a fine in amount of fifteen monthly calculation indices
4. Non-fulfillment or improper fulfillment of a rehabilitation plan, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Non-fulfillment or improper fulfillment of the obligation to provide
information to the authorized body in the field of rehabilitation and bankruptcy on the
course of carrying out the rehabilitative procedure accompanied by copies of documents,
shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Non-notifying or improper notification of a creditor on date, time and place of
holding the meeting of creditors in rehabilitative procedure, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Non-fulfillment or improper fulfillment of the obligation to transfer
constitutive, financial, entitling and other documents and seals of a debtor to
appointed rehabilitation manager upon dismissal (release) or substitution of the
rehabilitation manager, shall –
entail a fine in amount of fifty monthly calculation indices.
8. Commission of transactions outside regular commercial operations not provided
by the rehabilitation plan, in a rehabilitative procedure without a consent of the
creditors’ meeting, shall –
entail a fine in amount of fifty monthly calculation indices.
9. Non-representation, untimely presentation or presentation of concluding
statement to the court that does not conform to requirements of the legislation of the
Republic of Kazakhstan on rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
10. Non-fulfillment or improper fulfillment of the obligation to detect existence
(absence) of signs of premeditated bringing of a debtor to the state of insolvency and
filing the application to the law enforcement bodies in existence of the signs for
adoption of procedural decision, shall –
entail a fine in amount of fifteen monthly calculation indices.
11. Non-fulfillment or improper fulfillment of the obligation to represent
information to a debtor’s creditor on the course of carrying out the activity on the
basis of his (her) written request, shall –
entail a fine in amount of thirty monthly calculation indices.
12. Non-fulfillment or improper fulfillment of the obligation to provide requested
information to the authorized body in the field of rehabilitation and bankruptcy
accompanied by the confirming documents, shall –
entail a fine in amount of thirty monthly calculation indices.
13. Non-fulfillment or improper fulfillment of the obligation to file a petition
in court on introduction of amendments and supplements in a rehabilitation plan, shall –
entail a fine in amount of thirty monthly calculation indices.
14. Untimely reference to the court on suspension of rehabilitative procedure,
shall –
entail a fine in amount of thirty monthly calculation indices.
15. Non-fulfillment or improper fulfillment of the obligationto bring the
information to the notice of members of the creditors’ committee on financial state,
transactions made in the course of regular commercial operations to the creditors’
committee, shall –
entail a fine in amount of thirty monthly calculation indices.
16. Non-fulfillment or improper fulfillment of the obligation to detect
transactions committed by a debtor or a person authorized by him (her) with a violation
of requirements provided by the civil legislation of the Republic of Kazakhstan and the
Law of the Republic of Kazakhstan “On rehabilitation and bankruptcy”, and non-
specification of requirements on recognizing them invalid or return of the property in a
judicial proceeding, shall –
entail a fine in amount of fifty monthly calculation indices.
17. Non-coordination of actions with the creditors’ meeting not provided by the
rehabilitation plan before their commission, shall –
entail a fine in amount of one hundred monthly calculation indices.
18. Commission of transactions entailing increase of credit indebtedness, if a
total sum of the credit indebtedness that occurred after applying rehabilitative
procedure increases twenty percent of the total sum of the credit indebtedness to the
date of introduction of rehabilitative procedure without approval of the creditors’
meeting, shall –
entail a fine in amount of one hundred monthly calculation indices.
19. Actions (omission) provided by parts one – eighteen of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 182. Premeditated bankruptcy
Premeditated bankruptcy, i.e. intentional creation or increase of insolvency
committed in a result of actions (omission) of a founder (participant), civil servant,
bodies of a legal entity, and equally individual entrepreneur in personal interests or
in the interests of other persons, if this act does not contain signs of criminally
punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of eight hundred monthly calculation indices.
Article 183. False bankruptcy
False bankruptcy, i.e. knowingly false notification by a founder (participant),
civil servant, bodies of a legal entity, and equally individual entrepreneur on own
insolvency for the purpose of false suggestion of the creditors for receiving deferral
or making payments due and owing to the creditors by installments or discounts from
debts, and equally for non-payment of debts, if this act does not contain the sings of
criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices.
Article 184. Breach of the legislation of the Republic
of Kazakhstan on valuation activity 1. Drawing up of inaccurate report by an evaluator on property valuation, and
equally carrying out of the property valuation in cases prohibited by the legislation of
the Republic of Kazakhstan on valuation activity, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty, on subjects of medium entrepreneurship – in amount of seventy, on
subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation
indices, with suspension of the license validity term for the right to carry out
valuation activity.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of eighty, on subjects of medium entrepreneurship – in amount of ninety, on
subjects of large entrepreneurship – in amount of one hundred eighty monthly calculation
indices, with deprivation of a license for the right to carry out valuation activity.
Article 185. Violation of the obligation to protect commercial,
banking secret, details of credit reports or information from
database of creditor histories of a credit bureau
Violation of the obligation to protect details containing commercial, banking
secret, details of credit reports or information received from database of creditor
histories of a credit bureau without the consent of their owner by a person who became
known due to professional or official activity, if this action does not contain the
signs of criminally punishable act, shall –
entail a fine in amount of fifty monthly calculation indices.
Note.
1. Person shall not bear liability in case of transferring details that are
commercial, banking secret, or details of credit reports or information received from
database of creditor histories of a credit bureau, owner or persons having the right to
receive such details upon their legal request in accordance with the legislative acts.
2. Bringing to administrative liability for commission of the act provided by this
Article shall be carried out upon application of organizations, owner or individual
entrepreneur to which the damage is inflicted.
Article 186. Violation of the obligation to protect secret of
insurance or pension savings or secret of extending microcredit Violation of the obligation to protect details containing secret of insurance or
pension savings or secret of extending microcredit without the consent of their owner by
a person that became known on them due to professional or official activity, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 187. Breach of the legislation of the Republic of
Kazakhstan on tourist activity
1. Non-presentation, untimely presentation or incomplete presentation of details
by persons carrying out touristic activity on special aspects of the travels, dangers
that they may face upon travelling mentioned in rules of rendering of touristic
services, or non-carrying out of prevention measures oriented to safety ensuring of the
tourists, shall –
entail a fine on subjects of small entrepreneurship in amount of seventeen, on
subjects of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. Rendering of touristic services by persons carrying out the touristic activity
without conclusion of written contract for tourist services, shall –
entail a fine on subjects of small entrepreneurship in amount of seventeen, on
subjects of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices, with suspension of
license validity term.
3. Action (omission) provided by parts one and two of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with
deprivation of a license.
4. Non-provision or untimely provision of information by persons carrying out
touristic activity to the state bodies concerned and a family of a tourist on emergency
situations with tourists during travels, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with
deprivation of a license.
5. Action (omission) provided by a part four of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on subjects of small entrepreneurship in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices, with
deprivation of a license.
Article 188. Non-provision or untimely provision of information
on initiation of a case in court on a corporate dispute
Non-provision or untimely provision of information on initiation of a case in
court on a corporate dispute in case if its provision is provided by the Law, shall –
entail a fine on legal entities in amount of five hundred monthly calculation
indices.
Article 189. Violation of the procedure and terms for
considering references of individuals and legal entities 1. Violation of procedure and terms for considering references of individuals and
legal entities by a subject of large entrepreneurship established by the legislation of
the Republic of Kazakhstan on procedure for consideration of references of individuals
and legal entities, shall –
entail a fine on legal entities in amount of thirty monthly calculation indices.
2. The same action (omission) committed repeatedly second time second time within
a year after imposition of administrative infraction, provided by a part one of this
Article, shall –
entail a fine on legal entities in amount of sixty monthly calculation indices.
Chapter 15. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF TRADE AND FINANCES
Article 190. Consumer fraud 1. False measurement, false weighting, cheating in accounts, false suggestion in
respect of application characteristics or quality of goods (services) or another
consumer fraud by individual entrepreneurs or organizations carrying out trading
activity and rendering of services, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with deprivation of a license for particular type of
activity and suspension or prohibition of activity for a term up to three years.
3. The actions provided by a part one of this Article that entailed infliction of
substantial damage, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with deprivation of a license for particular type of
activity and suspension or prohibition of activity for a term up to three years.
4. The actions provided by a part one of this Article that entailed infliction of
heavy damage, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship –
in amount of one hundred, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices, with deprivation of a license for particular type
of activity and suspension or prohibition of activity for a term up to three years.
Note. As applied to this Article, the substantial damage shall be regarded as a
sum exceeding one monthly calculation index, heavy damage – the sum that is no less than
three monthly calculation indices.
Article 191. Violation of rules for selling weapons
and ammunition to them
1. Violation of rules for selling non-military and service weapons and ammunition
to them by legal entities having the relevant licenses, shall –
entail a fine in amount of fifty monthly calculation indices with suspension of
license validity term.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of eighty monthly calculation indices with deprivation of
a license.
Article 192. Violation of procedure for selling special
technical means Sale of special technical means intended for conduct of the special operational-
investigative means to persons that do not have the relevant permission, except for the
state bodies authorized to carry out operative-investigative activity, shall –
entail a fine in amount of forty monthly calculation indices.
Article 193. Breach of the legislation of the Republic of
Kazakhstan on regulation of trading activity 1. Non-provision of required information upon request of a consumer on goods,
place of origin, producers, application characteristics, guarantee obligations and
procedure for submission of claims, shall –
entail a notification or fine on individuals in amount of two, on subjects of
small entrepreneurship – in amount of six, on subjects of medium entrepreneurship – in
amount of ten, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. Unlawful use of official document certifying conformance of the goods to safety
requirements, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices, with a confiscation of goods or without such.
3. Commission of actions (omission) provided by parts one and two of this article
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of sixty five, on subjects of medium entrepreneurship – in
amount of one hundred twenty, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices, with a confiscation of goods or without such.
Article 194. Refusal in acceptance of payments with
use of charge cards 1. Refusal in acceptance of payments with use of charge cards by an individual
entrepreneur or legal entity being obliged to accept them upon carrying out of trading
activity (performance of works, rendering of services) in a territory of the Republic of
Kazakhstan, shall –
entail a notification or fine on subjects of small entrepreneurship in amount of
twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of forty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 195. Absence of equipment (device) at an individual
entrepreneur or legal entity intended for making payments
with use of charge cards
1. Absence of equipment (device) at an individual entrepreneur or legal entity
being obliged to accept payments with use of charge cards upon carrying out of trading
activity (performance of works, rendering of services) in a territory of the Republic of
Kazakhstan, intended for making payments with use of charge cards, shall –
entail a notification.
2. The act provided by a part one of this Article committed by a part one of this
Article committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of eighty monthly calculation indices.
Article 196. Illegal trade in goods or other subjects
Trade in goods and other subjects, the open trade of which is prohibited or
restricted by the legislation of the Republic of Kazakhstan, shall – entail a fine in
amount of twenty five monthly calculation indices.
Article 197. Use of mark of tobacco product
1. Intended distribution, exhibition, sale of any goods having a mark of tobacco
product, except for the tobacco products themselves or any package, packing in which the
tobacco product is sold or transported, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of bug entrepreneurship – in amount of fifty monthly
calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 198. Violation of requirements of the legislation on
information on tobacco and tobacco products 1. Violation of requirements of the legislation on information on tobacco and
tobacco products, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 199. Violation of requirements of the legislation
of the Republic of Kazakhstan on selling tobacco and tobacco
products, sponsorship of tobacco, tobacco products,
as well as on production, sale and distribution
of goods imitating tobacco products
Footnote. Title of Article 199 is in the wording of the Law of the Republic of
Kazakhstan dated 06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of requirements of the legislation of the Republic of Kazakhstan on
selling tobacco and tobacco products, with the exception of a case provided by Article
133 of this Code, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of ninety monthly
calculation indices, with suspension of activity or separate types of activity.
3. Sponsorship of tobacco, tobacco products, as well as production, sale,
distribution of goods imitating tobacco products, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship – in amount of five, on subjects of medium entrepreneurship – in amount
of eight, on subjects of large entrepreneurship – in amount of twenty monthly
calculation indices.
4. The actions provided by a part three of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Footnote. Article 199 as amended by the Law of the Republic of Kazakhstan dated
06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 200. Violation of requirements of the legislation of
the Republic of Kazakhstan on selling alcoholic products 1. Sale of alcoholic products to persons under twenty one years, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices, with suspension of the license validity term for the
relevant type of activity.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
eighty monthly calculation indices, with deprivation of the license for the relevant
type of activity.
3. Retail trade of alcoholic products, with the exception of selling in
restaurants, bars and cafes:
from 23 to 8 hours of next day;
with ethyl alcohol volume ratio more than thirty percent from 21 to 12 hours of
next day, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices, with suspension of the license validity term for the
relevant type of activity.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred forty, on subjects of large entrepreneurship – in amount of one
hundred eighty monthly calculation indices, with deprivation of the license for the
relevant type of activity.
Footnote. Article 200 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 201. Access restriction of goods to the trade networks
or large retail facilities
1. Access restriction of goods to the trade networks or large retail facilities by
subjects of trade activity carrying out the activity on selling the goods by organizing
the trade network or large retail facilities, being expressed in unreasonable refusal
from conclusion of agreement for supply of goods or in conclusion of the contract having
knowingly discriminatory character and containing conditions on:
1) prohibition for a subject of trade activity to conclude the agreements for
supply of goods with other subjects of the trade activity carrying out the same
activity, as well as with other subjects of trade activity on the same or another
conditions;
2) requirement to provide details by a subject of trade activity carrying out
supply of goods on concluded contracts with other subjects of trade activity carrying
out the same activity, shall –
entail a fine in amount of one hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 202. Excess of size of maximum allowed limit prices
of socially significant food commodities 1. Excess of size of maximum allowed limit prices of socially significant food
commodities by subjects of trade activity in accordance with the legislation of the
Republic of Kazakhstan on regulation of trade activity, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 203. Sale of goods without documents 1. Sale of goods by individual entrepreneurs and organizations carrying out trade
activity without documents containing details on the country of origin, producer,
supplier or seller or trustworthy and sufficient information on goods (service) in
Kazakh and Russian languages, with the exception of the cases provided by Articles 415
and 416 of this Code, shall –
entail a fine on subjects of small entrepreneurship in amount of forty five, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of ninety, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices.
Article 204. Trade at undisclosed places 1. Trade outside the places established by a local executive body, shall –
entail a notification or fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 205. Incomplete and untimely payment of non-tax
payments and incomings from selling a capital stock into
the budget, with the exception of receipt of funds
of connected grants Incomplete and untimely payment of non-tax payments and incomings from selling a
capital stock into the budget, with the exception of receipt of funds of connected
grants, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of
large entrepreneurship – in amount of six hundred fifty monthly calculation indices.
Article 206. Refusal in acceptance of banknotes and coins
of the national currency
1. Refusal in acceptance of banknotes and coins of the national currency at face
amount being in circulation in a territory of the Republic of Kazakhstan that are the
legal mean of payment, except for the cases mentioned in a note to this Article, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects
of large entrepreneurship – in amount of twenty five monthly calculation indices.
2. Refusal in acceptance, change and exchange of banknotes and coins of the
national currency being in circulation in a territory of the Republic of Kazakhstan and
subjected to acceptance by all the types of payments by banks and organizations carrying
out separate types of banking operations, except for the cases mentioned in a note to
this Article, shall –
entail a fine in amount of fifty monthly calculation indices.
Note. Banknotes and coins of the national currency of the Republic of Kazakhstan
are not a legal mean of payment as follows:
1) if there are obvious signs of forgery (counterfeit);
2) waste banknotes and coins having obvious signs of deviation from technical
conditions (non-conformance to size, surface tears, non-conformance to numeration,
blotches, color imposition, combination and (or) blurred image of coining and others);
3) withdrew from currency circulation, as well as redeemed banknotes and riffled
coins;
4) banknotes having a sign «ОБРАЗЕЦ», «SPECIMEN», «ҮЛГІ».
Article 207. Breach of the legislation of the Republic of
Kazakhstan on state procurements 1. Violation of requirements of the legislation of the Republic of Kazakhstan on
state procurements to the tender, auction documentation or in information placed upon
carrying out of the state procurements by a method of requesting pricing facilities, by
indicating the characteristics determining belonging of acquired goods, work, services
to separate potential suppliers, with the exception of cases provided by the legislation
of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
2. Untimely direction of a text of amendments and (or) supplements made into
tender or auction documentation to the persons the details on whom are introduced into
registration log of the persons that received the tender or auction documentation, and
equally untimely publication of corrected tender or auction documentation, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
3. Refusal from carrying out of state procurements in cases not provided by the
legislation of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
4. Opening of envelops with applications for participation in a tender with
violation of the term, time and place stated in a tender documentation, as well as
change of date, time and place for opening of envelops with applications for
participation in the tender without making mentioned amendments into the tender
documentation, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
5. Direction of a request, and equally the actions of a tender committee linked
with supplementing an application for participation in a tender by insufficient
documents represented in the application for participation in the tender, bringing to
conformity of unduly executed documents, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
6. Establishment of qualification requirements in a tender or auction
documentation to potential suppliers and (or) subcontractors (joint participants)
involved by them, not provided by the legislation of the Republic of Kazakhstan on state
procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
7. Violation of requirements of the legislation of the Republic of Kazakhstan on
state procurements in a part of non-inclusion of criteria into the tender documentation
having an impact on competitive pricing facilities of participants of the tender, shall
–
entail a fine on civil servants in amount of fifty monthly calculation indices.
8. Violation of requirements of the legislation of the Republic of Kazakhstan on
state procurements in a part of non-applying the specific criteria value to the pricing
facilities having an impact on competitive pricing facilities of participants of the
tender, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
9. Unreasonable recognition of a potential supplier and (or) subcontractors (joint
participants) involved by him (her) that does not conform to qualification requirements
and (or) requirements of tender or auction documentation on the grounds not provided by
the legislation of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
10. Non-separation of several types of homogeneous goods, works, services upon
carrying out of state procurements by lots on their homogeneous types and (or) at the
place of their supply (performance, rendering), shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
11. Delivery by expert commission or drawing up by an expert of knowingly false
expert opinion on the basis of which the illegal decision of the tender or auction
commission is adopted, shall –
entail a fine in amount of fifty monthly calculation indices.
12. Non-reference or untimely reference of a customer to the court with a suit on
recognition of potential suppliers, suppliers as unfair participants of state
procurements in cases of:
1) non-fulfillment or improper fulfillment of own obligations by suppliers on the
state procurement contracts concluded with them;
2) avoidance of potential suppliers determined as winners from conclusion of the
state procurement contract, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
13. Carrying out of state procurements without applying the rules of the
legislation of the Republic of Kazakhstan on state procurements regulating the choice of
a supplier and conclusion of the state procurement contract with him (her) in cases not
provided by the legislation of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
14. Actions (omission) provided by parts one, four, seven, eight and nine of this
Article committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
15. Actions (omission) provided by parts two and eleven of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on civil servants in amount of sixty monthly calculation indices.
16. The action provided by a part ten of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of one hundred monthly calculation indices.
17. The actions (omission) provided by parts three, five, six and twelve of this
Article committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
Note. The civil servants in this Article shall be regarded as:
1) in a part one – the chief executive officers of an organizer of the state
procurements, customer or the persons fulfilling their obligations, being liable for
carrying out of procedures for organizing and conduct of the state procurements, and
(or) persons participating directly in development of the tender or auction
documentation;
2) in a part two – the chief executive officers of an organizer of the state
procurements, customer or the persons fulfilling their obligations, being liable for
carrying out of procedures for organizing and conduct of the state procurements;
3) in a part three – the chief executive officer or executive secretary or another
civil servant exercising the powers of the executive secretary determined by the
President of the Republic of Kazakhstan, customer or the person fulfilling his (her)
obligations;
4) in parts four and five – the chairman of the tender committee and his (her)
deputy, as well as members and secretary of the tender committee;
5) in a part six – the chief executive officer or executive secretary or another
civil servant exercising the powers of the executive secretary determined by the
President of the Republic of Kazakhstan, customer or the person fulfilling his (her)
obligations;
6) in a part seven – the chief executive officers of an organizer of the state
procurements;
7) in a part eight – the chairman of the tender committee and his (her) deputy, as
well as members of the tender committee;
8) in parts eight and nine – the chief executive officer or executive secretary or
another civil servant exercising the powers of the executive secretary determined by the
President of the Republic of Kazakhstan, customer or the person fulfilling his (her)
obligations;
9) in a part nine – the chairman of the tender or auction committee and his (her)
deputy, as well as members of the tender of auction committee;
10) in a part ten – the chief executive officers of an organizer of the state
procurements.
Article 208. Violation of requirements of the legislation
of the Republic of Kazakhstan on credit bureau and formation
of credit histories
1. Breach of the legislation of the Republic of Kazakhstan on credit bureau and
formation of credit histories by a credit bureau shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
2. Provision of details by an information provider on a subject of credit history
to the credit bureaus (with the exception of a credit bureau with state participation)
for formation of credit history and (or) filing request by a recipient of credit report
on representing the credit report without the consent of the subject of information,
with the exception of cases of providing negative information on the subject of creditor
history and (or) credit report containing negative information of the subject of
creditor history, as well as its incorrect execution, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
3. Non-provision, and equally untimely provision of details by an information
provider to the credit bureau, received from a subject of credit history, the
presentation of which is required in accordance with the legislation of the Republic of
Kazakhstan on credit bureau and formation of credit histories, or provision of
inaccurate details, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Note. The details shall be regarded as the details in respect of subjects of
credit histories in electronic and paper media transferred by the participants of the
credit history formation system and their use, certified by electronic digital signature
when necessary.
Article 209. Breach of the legislation of the Republic of
Kazakhstan on concessions
Introduction of amendments into conditions of a tender at the choice of a
concessionary, as well as into initial parameters and characteristics of a concessionary
application in the course of holding negotiations with a participant of the tender, the
concessionary application of whom is recognized as the best on adjusting a concessionary
project and conditions of concession agreement, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
Note. The civil servants in this Article shall be regarded as the chief executive
officers of an organizer of the tender on concession or the persons fulfilling their
obligations being liable for carrying out of the procedures for organizing and holding
the tender.
Article 210. Making payments and money transfers on
currency operations without representation of a currency
agreement (original or its copies) in provided cases
of registration certificate
1. Making payments and money transfers by the authorized banks on currency
operations without representation of a currency agreement (original or its copies), in
provided cases of registration certificate, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices.
Note. If the currency agreement is linked with export or import and requires
receipt of accounting number of a contract, the original of the currency agreement or
its copy with a mark of receiving the accounting number of the contract shall be
represented.
Article 211. Violation of requirements of the legislation of the Republic of
Kazakhstan on microfinance organizations
1. Carrying out of the types of activity by microfinance organizations not
provided by the Law of the Republic of Kazakhstan “On microfinance organizations”, shall
–
entail a fine in amount of one hundred monthly calculation indices.
2. Distribution or placement of advertisement by a microfinance organization in
mass media that does not conform to actuality, if these actions do not have signs of
criminally punishable act, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
3. Non-provision, and equally repeated (two and more times within twelve
sequential calendar months) untimely provision of information by the microfinance
organizations to the National bank of the Republic of Kazakhstan required by the
legislation of the Republic of Kazakhstan on microfinance organizations, or provision of
information to the National Bank of the Republic of Kazakhstan that does not contain
details the provision of which is required in accordance with the legislation of the
Republic of Kazakhstan on microfinance organizations, or provision of inaccurate
information, shall –
entail a fine in amount of two hundred monthly calculation indices.
4. Repeated (two and more times within twelve sequential calendar months)
violation of the prudential regulations established by the National bank of the Republic
of Kazakhstan by microfinance organizations and (or) other standards and limits
compulsory for compliance, shall –
entail a fine in amount of three hundred monthly calculation indices.
5. Non-statement of the size of annual effective rate of remuneration in contracts
on extending microcredit by microfinance organizations, calculated in the manner
established by the legislation of the Republic of Kazakhstan, and equally excess of
limit size of annual effective rate of remuneration by the microfinance organization,
determined by the regulatory legal act of the National Bank of the Republic of
Kazakhstan shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
6. Loss of payment documents of clients by microfinance organizations shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
Article 212. Violation of terms for presentation of
financial and other reporting by financial organizations
and other persons
1. Repeated (two and more times within twelve sequential calendar months) non-
presentation of financial and other reporting by financial organizations within
established term, the presentation of which is required in accordance with the
regulatory legal acts of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
2. Repeated (two and more times within twelve sequential calendar months) non-
presentation of financial and other reporting by microfinancial organizations within
established term, the presentation of which is required in accordance with the
regulatory legal acts of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
3. Repeated (two and more times within twelve sequential calendar months) non-
presentation of reporting by banking holdings, insurance holdings within established
term, the presentation of which is required in accordance with the regulatory legal acts
of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Article 213. Violation of requirements of banking legislation
of the Republic of Kazakhstan
1. Non-presentation, and equally repeated (two and more times within twelve
sequential calendar months) untimely representation of details and other requested
information by banks, founders (shareholders) of a bank and (or) its affiliated persons,
as well as banking holdings and persons that conform to the signs of a large participant
of the bank, banking holding, organizations carrying out separate types of banking
operations, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
2. Presentation of inaccurate, and equally incomplete reporting, details or other
requested information by banks, founders (shareholders) of a bank and (or) its
affiliated persons, as well as banking holdings and persons that conform to the signs of
a large participant of the bank, banking holding, organizations carrying out separate
types of banking operations, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
3. Actions (omission) provided by parts one, two of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
4. Repeated (two and more times within twelve sequential calendar months)
violation of prudential regulations by banks, organizations carrying out separate types
of banking operations established by the National Bank of the Republic of Kazakhstan and
(or) other standards and limits compulsory for compliance, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
5. Repeated (two and more times within three sequential calendar months) violation
of the regulations of minimum reserve requirements by banks established by the National
Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
6. Carrying out of operations and transactions by banks, banking holdings,
organizations carrying out separate types of banking operations, prohibited in
accordance with the bank legislation of the Republic of Kazakhstan in breach of the bank
legislation of the Republic of Kazakhstan, and equally that are beyond their legal
capacity, shall –
entail a fine on legal entities in amount of one tenth percent of a sum of
transaction, but no less than two hundred and no more than one thousandth monthly
calculation indices.
7. The action provided by a part six of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of one percent of a sum of transaction,
but no less than four hundred and no more than two thousand monthly calculation indices.
8. Preparation of reporting by banks, organizations carrying out separate types of
banking operations that lead to distortion of indices or details contained in it on
performance of prudential regulations and (or) other norms and limits compulsory for
compliance, determined by the bank legislation of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
9. The action provided by a part eight of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
10. Non-fulfillment of the obligation by banks, organizations carrying out
separate types of banking operations on stating a rate of remuneration in a trustworthy,
annual, effective, comparable calculation in contracts concluded with clients, as well
as upon distribution of information on sizes of remuneration on loans and contributions
(with the exception of inter-banks), as well as its publications, shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
11. Announcement or publication of advertisement by bank in mass media that does
not conform to reality on a date of publication, shall –
entail a fine in amount of two hundred monthly calculation indices.
12. Excess of a limit size of annual effective rate of remuneration determined by
regulatory legal act of the National Bank of the Republic of Kazakhstan by banks,
organizations carrying out separate types of banking operations, shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
13. Violation of a procedure for calculation, condition for effect of a variable
rate of remuneration on bank loan contracts by banks, organizations carrying out
separate types of banking operations, as well as on mortgage loan contracts concluded
with individuals, shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
Article 214. Breach of the legislation of the Republic of
Kazakhstan on counteraction to legalization (laundering) of
incomes received by illegal means, and financing of terrorism
1. Breach of the legislation of the Republic of Kazakhstan on counteraction to
legalization (laundering) of incomes received by illegal means and financing of
terrorism by subjects of financial monitoring in a part of documentary fixing, storage
and provision of information on operations subjected to financial monitoring, their
clients, proper inspection of clients (their representatives) and beneficiary owners,
suspension and refusal from conduct of the operations subjected to financial monitoring,
protection of documents, received in a process of own activity, shall –
entail a fine on individuals in amount of one hundred, on civil servants, notary
officers and advocates, subjects of small entrepreneurship or non-profit organizations –
in amount of one hundred forty, on subjects of medium entrepreneurship – in amount of
two hundred twenty, on subject of large entrepreneurship – in amount of four hundred
monthly calculation indices.
2. Non-fulfillment of the obligations by subjects of financial monitoring on
development, acceptance and (or) execution of the rules of internal control and programs
of its carrying out, shall –
entail a fine on individuals in amount of one hundred, on civil servants, notary
officers and advocates, subjects of small entrepreneurship or non-profit organizations –
in amount of one hundred sixty, on subjects of medium entrepreneurship – in amount of
two hundred fifty, on subject of large entrepreneurship – in amount of nine hundred
monthly calculation indices.
3. Notification of own clients and other persons on information provided to the
authorized body on financial monitoring by civil servants of the subjects of financial
monitoring, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
4. Actions (omission) provided by parts one, two and three of this Article,
committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants,
notary officers and advocates, subjects of small entrepreneurship or non-profit
organizations – in amount of one hundred eighty, on subjects of medium entrepreneurship
– in amount of three hundred, on subjects of large entrepreneurship – in amount of one
thousand two hundred monthly calculation indices.
5. Actions (omission) provided by parts one, two and three of this Article
committed three and more times within a year after imposition of administrative
sanction, shall –
entail a fine on individuals – in amount of two hundred, on civil servants,
advocates, notary officers, individual entrepreneurs – in amount of four hundred, on
commodity exchanges, legal entities carrying out entrepreneurial activity in the scope
of rendering of accounting services, microfinance organizations, operators of electronic
money systems that are not the banks, organizers of gambling industry and lotteries,
postal operators, audit organizations – in amount of two thousand monthly calculation
indices, with suspension of the license validity term for particular type of activity or
with temporary suspension of qualification testimony (certificate) for the term up to
six months or their deprivation or suspension of activity of a legal entity for the term
up to three months.
Article 215. Violation of a procedure for formation of risk
management and internal control systems
1. Violation of a procedure for formation of risk management and internal control
systems by financial organizations, established by the regulatory legal act of the
National Bank of the Republic of Kazakhstan in case, if the detected violations are not
eliminated by the financial organization within the terms established by the National
Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
2. Violation of requirements by a parent organization of a bank conglomerate or
insurance group, specified to the risk management and internal control systems on a
consolidated basis established by the regulatory legal act of the National Bank of the
Republic of Kazakhstan, in case if the detected violations are not eliminated by the
parent organization of a bank conglomerate or insurance group within the terms
established by the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
Article 216. Non-achievement of results of budget investments
by subjects of quasi-public sector
1. Non-achievement of results of budget investments by branch, related and other
legal entities that are affiliated in accordance with the legislative acts of the
Republic of Kazakhstan, by participation of the state in their charter capital provided
in a financial feasibility study, shall –
entail a fine on civil servants – chief executive officers in amount of four
hundred monthly calculation indices.
2. Non-achievement of results of budget investments by the state enterprises,
limited liability partnerships, joint stock companies, the participant or shareholder of
which is the state, by participation of the state in their charter capital provided in a
financial feasibility study, shall –
entail a fine on civil servants – chief executive officers in amount of four
hundred monthly calculation indices.
Article 217. Violation of a procedure and terms for
representation of reporting by agents of currency control 1. Untimely representation of reporting on operations of clients by agents of
currency control, shall –
entail a notification on legal entities.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of fifteen, on
subjects of large entrepreneurship – in amount of forty monthly calculation indices.
3. Representation of inaccurate reporting on operations of clients by agents of
currency control, shall –
entail a notification on legal entities.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of fifteen, on
subjects of large entrepreneurship – in amount of forty monthly calculation indices.
5. Non-presentation of reporting on operations of clients by agents of currency
control, shall –
entail a fine on subjects of medium entrepreneurship in amount of thirty, on
subjects of large entrepreneurship – in amount of eighty monthly calculation indices.
Article 218. Violation of a procedure and terms for
representation of reporting by the authorized banks for the
purpose of carrying out the monitoring of demand and supply
sources, as well as directions of using foreign currency at
internal currency market 1. Untimely representation of reporting by the authorized banks for the purpose of
carrying out the monitoring of demand and supply sources, as well as directions of using
foreign currency at internal currency market, shall –
entail a notification on legal entities.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of forty monthly calculation indices.
3. Representation of inaccurate reporting by the authorized banks for the purposes
of carrying out the monitoring of demand and supply sources, as well as directions of
using foreign currency at internal currency market, shall –
entail a notification on legal entities.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of forty monthly calculation indices.
5. Non-representation of reporting by the authorized banks for the purpose of
carrying out the monitoring of demand and supply sources, as well as directions of using
foreign currency at internal currency market, shall –
entail a fine on legal entities in amount of eighty monthly calculation indices.
Article 219. Excess of natural norms on administrative costs
Excess of natural norms on administrative costs by the state enterprises, joint
stock companies and limited liability partnerships controlled by the state, established
by the regulatory legal acts, shall –
entail a fine on chief executive officers in amount of fifty monthly calculation
indices.
Article 220. Violation of requirements linked with banking
servicing of clients 1. Untimely accept or refusal in accept (later than three business days from the
date of receipt of instructions, with the exception of cases provided by Article 38 of
the Law of the Republic of Kazakhstan “On payments and money transfers” and Article 581
of the Tax Code of the Republic of Kazakhstan), untimely execution (later than the
business date, next to the date of accept of received instruction, or later than the
term for execution of the instruction, if conditions of such instruction establish the
term for its execution) of the instructions on payment or money transfer by banks,
organizations carrying out separate types of banking operations, shall –
entail a fine on legal entities in amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
2. Execution of instruction on payment or money transfer by banks, organizations
carrying out separate types of banking operations, committed in a favor of a beneficiary
being different from that stated in the instruction, or on a sum different from that
stated in the instruction, shall –
entail a fine on legal entities in amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
3. Loss of payment documents of clients by banks, organizations carrying out
separate types of banking operations, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices for each payment document.
4. Unreasonable refusal in accept on payment or money transfer by banks,
organizations carrying out separate types of banking operations:
1) upon covering of a sum of money by a sender, required for making money
transfer;
2) if the payment document does not contain signs of forgery;
3) if the sender complies with requirements on a procedure for preparation and
submission of the instruction on money transfer and (or) other requirements established
by the legislation of the Republic of Kazakhstan and (or) conditions of a contract;
4) if the refusal in accept of the instruction do not relate to the cases provided
by the Law of the Republic of Kazakhstan “On counteraction to legalization (laundering)
of incomes received by illegal means and financing of terrorism”, shall –
entail a fine on legal entities I amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
5. Violation of order of priority of withdrawing money from bank account of a
client by banks, organizations carrying out separate types of banking operations,
established by the Civil Code of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
6. Non-execution of instructions on payment or money transfer by banks,
organizations carrying out separate types of banking operations, committed in the form
of:
1) non-transfer of acceptable instructions on money transfer in favor of a
beneficiary by a bank or organization carrying out separate types of banking operations
to the next bank or organization carrying out separate types of banking operations;
2) non-completion of money transferring, if the bank recipient (bank or
organization carrying out separate types of banking operations to which the instruction
on transfer or payment of money is directed) is the bank of a beneficiary (bank or
organization carrying out separate types of banking operations which shall be subjected
to receive money in accordance with conditions of a contract with a sender and (or)
instruction of the sender, receiving in favor of a beneficiary, and (or) to perform
other actions provided by the instruction or contract with the sender);
3) non-disbursement of cash money to a sender that presented an instruction on
payment of cash money, shall –
entail a fine on legal entities in amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
Note.
Requirement of this Article shall not apply to actions (omission), the
responsibility of which is provided by a part eight of Article 91, part four of Article
92, Article 285 of this Code.
Article 221. Issuance of accommodation, prime and financial
bills in a territory of the Republic of Kazakhstan Issuance of accommodation, prime and financial bills in a territory of the
Republic of Kazakhstan, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of one hundred twenty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of four hundred monthly calculation indices.
Article 222. Violation of requirements of creation, use and
disbursement of electronic money
1. Issuance of electronic money by an emitter to the sum that does not conform to
the sum of imposed obligations, shall –
entail a fine in amount of three hundred monthly calculation indices.
2. The same action committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part one of this Article,
shall –
entail a fine in amount of six hundred monthly calculation indices.
3. Creation of electronic money by an emitter to the sum exceeding one hundred
monthly calculation indices without identifying the owner of electronic money, as well
as admission of using electronic money by the emitter in a system of electronic money
upon commission of operations to the sum that exceeds established limitations on a
maximum sum of one operation, shall –
entail a fine in amount of two hundred monthly calculation indices.
4. The same actions committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part three of this Article,
shall –
entail a fine in amount of five hundred monthly calculation indices.
5. Non-disbursement, untimely and incomplete disbursement of electronic money by
an emitter received by an individual entrepreneur or legal entity from individuals upon
payment on civil transactions, shall –
entail a fine in amount of one hundred monthly calculation indices.
6. The same actions committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part five of this Article,
shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 223. Violations linked with direct or indirect unlawful
acquisition of ten and more percent of shares of a financial
organization without receipt of written consent of the National
Bank of the Republic of Kazakhstan
Direct or indirect acquisition of the shares of a financial organization in amount
of ten and more percent of outstanding shares (with the deduction of privileged and
repurchased shares) of the financial organization, as well as control or possibility to
have an impact on decisions adopted by the financial organization in amount of ten and
more percent of outstanding shares (with the deduction of privileged and repurchased)
shares of the financial organization without the written consent of the National Bank of
the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of two hundred, on legal entities – in
amount of one thousandth monthly calculation indices.
Note. The financial organizations in this Article shall be regarded as a bank,
insurance (reinsurance) organization, manager of investment portfolio.
Article 224. Violations linked with unlawful acquisition of
participatory shares in charter capitals of legal entities
or shares by banks, insurance (reinsurance) organizations,
banking holdings, insurance holdings
1. Acquisition of participatory shares in charter capitals of legal entities or
shares by banks, insurance (reinsurance) organizations in violation of requirements of
the legislative acts of the Republic of Kazakhstan, with the exception of acts provided
by a part three of this Article, shall –
entail a fine on legal entities in amount of two thousand monthly calculation
indices.
2. Acquisition of participatory shares in charter capitals of legal entities or
shares by banking holdings, insurance holdings in violation of requirements of the
legislative acts of the Republic of Kazakhstan, with the exception of acts provided by a
part three of this Article, shall –
entail a fine on legal entities in amount of two thousand monthly calculation
indices.
3. Creation or acquisition of a branch organization by a bank, insurance
(reinsurance) organization, banking holding, insurance holding without preliminary
permission of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two thousand monthly calculation
indices.
Article 225. Inappropriate use of pension assets
1. Violation of conditions and procedure for investment by a manager of investment
portfolio, as well as by members of investment committee, established by the legislation
of the Republic of Kazakhstan, shall –
entail a fine on an individual in amount of four hundred, on legal entities in
amount of eight hundred monthly calculation indices.
2. Non-carrying out of control of appropriate placement of pension assets of
voluntary pension saving fund by a bank-custodian, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Note. For the purpose of a part two of this Article, the bank-custodian shall be
regarded as the second tier bank.
Article 226. Violation of requirements linked with liquidation
of banks, insurance (reinsurance) organizations
1. Avoidance of a chairman or head of liquidation committee’s subdivision from
conduct of inspection of activity of the liquidation committee by the National Bank of
the Republic of Kazakhstan or impeding its conduct, shall –
entail a fine in amount of twenty five monthly calculation indices.
2. Repeated (two and more times within six sequential calendar months)
representation of inaccurate reporting and information established by the bank
legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on
insurance and insurance activity, untimely representation, non-representation of
reporting and additional information established by the bank legislation of the Republic
of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance
activity by a chairman, head of the liquidation committee’s subdivision to the National
Bank of the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 227. Non-fulfillment, untimely fulfillment of
obligations accepted and (or) imposed by applying
restrictive enforcement measures 1. Non-fulfillment, untimely fulfillment of obligations by banks, large
participants of banks, banking holdings, organizations included into the composition of
banking conglomerate, Development Bank of Kazakhstan, organizations carrying out
separate types of banking operations, accepted by them and (or) imposed on them by the
National Bank of the Republic of Kazakhstan by applying restrictive enforcement
measures, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred fifty, on subjects of large entrepreneurship – in amount of four
hundred fifty monthly calculation indices.
2. Non-fulfillment, untimely fulfillment of obligations by insurance (reinsurance)
organization, insurance broker, insurance holding, large participants of insurance
(reinsurance) organization, legal entities included into the composition of insurance
group, actuary, single accumulative pension fund, manager of investment portfolio, large
participants of a manager of investment portfolio, individuals or legal entities, the
relevant signs of a large participant of a manager of investment portfolio, securities
market entity, special financial company, Islamic special financial company, investment
fund, microfinance organizations, accepted by them and (or) imposed on them by the
National Bank of the Republic of Kazakhstan by applying restricted enforcement measures,
shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of one hundred ninety, on subjects of
large entrepreneurship – in amount of two hundred fifty monthly calculation indices.
3. Non-execution of written prescription by a chairman of the bank’s liquidation
committee, insurance (reinsurance) organization within the term established by the
National Bank of the Republic of Kazakhstan on elimination of the breaches of the
legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of forty monthly calculation indices.
Article 228. Violation of requirements established by the
legislation of the Republic of Kazakhstan on insurance
and insurance activity
1. Non-provision, and equally repeated (two and more times within twenty
sequential calendar months) untimely provision of details or other requested information
by insurance (reinsurance) organization, insurance broker, insurance holding of
insurance (reinsurance) organization, participants (shareholders) and (or) affiliated
persons of insurance (reinsurance) organization, as well as individuals and legal
entities, the relevant signs of a large participant (insurance holding) of insurance
(reinsurance) organization, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
2. Provision of inaccurate, and equal incomplete reporting, details or other
requested information by insurance (reinsurance) organization, insurance broker,
insurance holding of insurance (reinsurance) organization, participants (shareholders)
and (or) affiliated persons of insurance (reinsurance) organization, as well as by
individuals and legal entities, the relevant signs of a large participant (insurance
holding) of insurance (reinsurance) organization, shall –
entail a fine on individuals in amount of fifteen, on legal entities – in amount
of two hundred monthly calculation indices.
3. Untimely provision, non-provision or provision of inaccurate reporting or other
information requested by the authorized body by a mutual insurance company to the state
body in the field of plant production in accordance with the Law of the Republic of
Kazakhstan “On compulsory insurance in plant production”, shall –
entail a fine in amount of fifty monthly calculation indices.
4. Non-provision or untimely provision of a contract on joint activity to the
National Bank of the Republic of Kazakhstan by an insurance (reinsurance) organization
for its registration, shall –
entail a fine in amount of four hundred monthly calculation indices.
5. Repeated (two and more times within twelve sequential calendar months)
violation of prudential regulations established by the National Bank of the Republic of
Kazakhstan and (or) other norms and limits compulsory for compliance by insurance
(reinsurance) organization, parent organization of insurance group, shall –
entail a fine in amount five hundred monthly calculation indices.
6. Carrying out of transactions and operations by an insurance (reinsurance)
organization, insurance holding, insurance broker, insurance agent in breach of the
legislation of the Republic of Kazakhstan on insurance and insurance activity, shall –
entail a fine in amount of one tenth percent of a sum of the transaction or one
hundred percent of a sum of received income on operations, but no less than fifty and no
more than two thousand monthly calculation indices.
7. Carrying out of mutual insurance of transactions and operations by a society in
breach of the legislation of the Republic of Kazakhstan on mutual insurance, shall –
entail a fine in amount of two hundred monthly calculation indices.
8. Carrying out of the activity by an actuary in breach of the legislation of the
Republic of Kazakhstan on insurance and insurance activity, shall –
entail a fine in amount of fifty monthly calculation indices.
9. Untimely notification of insurants by an insurance organization in the manner
established by the legislation of the Republic of Kazakhstan on change of location of
own permanent body, separate subdivision or change of name, shall –
entail a fine in amount of fifty monthly calculation indices.
10. Violation of conditions by an insurance (reinsurance) organization established
by the legislation of the Republic of Kazakhstan on insurance and insurance activity on
a proper documenting, storage of documents, placement of the copies of licenses for the
right of carrying out the insurance activity, as well as violation of the rules for
accounting and storage of the blanks of insurance documentation, work with cash money
established by the legislation of the Republic of Kazakhstan by the insurance
organization, insurance broker and insurance agent, shall –
entail a fine in amount of fifty monthly calculation indices.
11. Announcement or publication of advertisement by an insurance (reinsurance)
organization and insurance broker in mass media that does not conform to actuality on a
date of publication, shall –
entail a fine in amount of two hundred monthly calculation indices.
12. Preparation of reporting by an insurance (reinsurance) organization that lead
to distortion of indices or details contained in it on compliance with prudential
regulations and (or) other norms and limits compulsory for compliance, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
13. The action provided by a part twelve of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine in amount of six hundred monthly calculation indices.
14. Failure to deliver the facts by an insurance broker to the National Bank that
became known to him (her) on insolvency of an insurance (reinsurance) organization,
shall –
entail a fine in amount of one hundred monthly calculation indices.
15. Failure to deliver the established facts by an actuary to the National Bank of
the Republic of Kazakhstan on non-compliance of an insurance (reinsurance) organization
with requirements of the legislation of the Republic of Kazakhstan on formation of
insurance reserves, shall –
entail a fine in amount of fifty monthly calculation indices.
16. Non-payment, late payment or payment of compulsory or emergency contributions
in incomplete volume to the Guarantee fund of insurance payments, shall –
entail a fine on legal entities in amount of two hundred fifty monthly calculation
indices.
17. Violation of a requirement by an insurance (reinsurance) organization on
obligatoriness to publish financial statement and other details in mass media in
accordance with the Laws of the Republic of Kazakhstan, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 229. Violation of requirements by an insurance
organization linked with conclusion and execution of
insurance contracts
1. Failure to make, and equally late making of insurance payment or incorrect
performance of other conditions of concluded insurance contract, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
2. Loss of documents represented by a client for execution of insurance contract,
shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
Article 230. Breach of the legislation of the Republic of
Kazakhstan on compulsory insurance 1. Avoidance of an insurance organization from conclusion of compulsory insurance
contract provided by the legislative acts of the Republic of Kazakhstan, shall –
entail a fine on a legal entity in amount of five hundred monthly calculation
indices.
2. Avoidance from conclusion of compulsory insurance contract by a person being
liable to conclude the compulsory insurance contract in accordance with the legislative
act of the Republic of Kazakhstan on compulsory insurance, shall –
entail a fine on individuals in amount of twenty, on civil servants, private
notary officers, on subjects of small entrepreneurship or non-profit organizations – in
amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
3. Violation of requirements of the legislative acts of the Republic of Kazakhstan
by an insurance (reinsurance) organization consisting in non-fulfillment or improper
fulfillment of requirements on presence of the branches and (or) insurance agents in the
capital, conclusion of participant agreement in insurance database, provision of
information to the insurance database, in excess of amount of commission remuneration
paid to the insurance agent on conclusion of insurance contracts, shall –
entail a fine on a legal entity in amount of three hundred monthly calculation
indices.
4. Conclusion of compulsory insurance contract by an insurance (reinsurance)
organization on terms that do not conform to requirements of the legislation of the
Republic of Kazakhstan consisting in:
1) establishment of amounts of insurance sums being other than those determined by
the Laws of the Republic of Kazakhstan on compulsory types of insurance;
2) establishment of amounts of insurance premiums being other than those
determined by the Laws of the Republic of Kazakhstan on compulsory types of insurance,
and equally incorrect (unreasonable) applying the rates upon calculation of insurance
premiums;
3) insurance of objects on compulsory types of insurance that are not subject to
insurance, shall –
entail a fine on legal entities in amount of one tenth percent of a sum of
transaction or one hundred percent of a sum of earned revenue on operations, or one
hundred percent of a sum of insurance premiums received on operations, but no less than
two hundred and no more than two thousand monthly calculation indices.
Footnote. Article 230 as amended by the Law of the Republic of Kazakhstan dated
27.04.2015 No. 311-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 231. Violation of the terms established by the
legislation of the Republic of Kazakhstan for coordination of
leading employees of financial organizations, banking and
insurance holdings, Guarantee fund of insurance payments
1. Violation of the terms for coordination of a leading employee of a financial
organization, banking and insurance holding, Guarantee fund of insurance payments by a
financial organization, banking and insurance holding, Guarantee fund of insurance
payments, shall –
entail a fine on legal entities in amount of ninety monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Article 232. Untimely notification of the National Bank of the
Republic of Kazakhstan on opening and termination of the
activity of branches and representations of financial
organizations, as well as non-compliance with requirements of
the legislation of the Republic of Kazakhstan upon opening of
the branches, representations of financial organizations Untimely notification of the National Bank of the Republic of Kazakhstan on
opening and termination of the activity of branches and representations of financial
organizations, as well as non-compliance with requirements of the bank legislation of
the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and
insurance activity upon opening of branches, representations of financial organizations,
shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
Article 233. Obtaining or use of credit, loan with breach of
the legislation of the Republic of Kazakhstan 1. Obtaining of credit or preferential terms by an individual entrepreneur or
organization for crediting by representing knowingly false details to the bank or
organization carrying out separate types of banking operations on household status,
financial status or pledged assets of the individual entrepreneur or organization or on
other circumstances having essential significance for obtaining of the credit,
preferential terms for crediting, and equally failure to deliver information to the bank
or another creditor on occurrence of circumstances that may entail termination of the
crediting, repeal of benefits or limitation of amounts of allocated credit, if these
actions did not inflict heavy damage, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Use of budget credit not for intended purpose, if this action did not inflict
heavy damage to an individual, organization or the state, shall –
entail a fine in amount of one hundred monthly calculation indices.
3. Use of the funds of loans being guaranteed by the state and of the loan
attracted under surety of the state for the purposes not provided by conditions of the
loan and not provided by the contract of guarantee, as well as for crediting of the
state bodies, shall –
entail a fine on the chief executive officers of a relevant legal entity-loan
debtor on the loan having the state guarantee, their deputies or persons substituting
them on which the relevant orders imposed the fulfillment of obligations, in amount of
one hundred monthly calculation indices.
Article 234. Untimely, incomplete crediting of revenues into
republican and local budgets
1. Untimely, incomplete crediting of the funds coming into republican and local
budgets, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
2. Untimely, incomplete crediting of the funds transferred on accounts of
recipients of budget funds in the relevant banks or organizations carrying out separate
types of banking operations, shall –
entail a fine on civil servants in amount of seventy monthly calculation indices.
Article 235. Violation of rules for keeping budgetary
accounting, preparation and representation of reporting Violation of rules for keeping budgetary accounting, preparation and
representation of reporting, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
Article 236. Violation of conditions and procedures for
extending budget credits, state guarantees and warrantees
of the state Violation of conditions and procedures for extending budget credits, state
guarantees and warrantees of the state, shall –
entail a fine on civil servants in amount of four hundred monthly calculation
indices.
Article 237. Violation of rules for compensation of expenses
1. Violation of rules for compensation of the expenses by administrators of budget
programs on rendering of guaranteed volume of gratuitous medical assistance, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
2. The same act committed repeatedly second time second time within a year after
imposition of administrative sanction, shall –
entail a fine on civil servants in amount of one hundred of monthly calculation
indices.
Article 238. Breach of the legislation of the Republic of
Kazakhstan on business accounting and financial statement
by individuals and civil servants
1. Non-fulfillment and (or) improper fulfillment of the obligations by individuals
and civil servants provided by the legislation of the Republic of Kazakhstan on business
accounting and financial statement committed in the form of:
1) avoidance from maintenance of business accounting that did not inflict heavy
damage;
2) preparation of distorted financial statement, concealing of data subjected to
reflection in business accounting, and equally destruction of accounting documents that
did not inflict heavy damage;
3) appointment of a person to a position of senior accountant of public
organization that does not have a certificate of professional accountant, shall –
entail a fine in amount of one hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 239. Breach of the legislation of the Republic of
Kazakhstan on business accounting and financial statement
by a legal entity
1. Breach of the legislation of the Republic of Kazakhstan on business accounting
and financial statement by a legal entity committed in the form of:
1) avoidance from maintenance of business accounting, if this action does not
contain signs of criminally punishable act;
2) representation of knowingly false financial statement, refusal from
representing financial statement, presentation with violation of established term or its
non-representation without justifiable reason to founders (participants) of
organizations in accordance with the constitutive documents, to the authorized body in
the field of the state statistics at place of registration, to bodies of state control
and supervision in accordance with their competence, to the depositary of financial
statement;
3) preparation of distorted financial reporting, concealing of data subjected to
reflection in business accounting, and equally destruction of accounting documents;
4) signing of financial statement by a senior accountant of the organization of
public interest that is not a professional accountant, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of five hundred monthly
calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
3. Conduct of operations without the relevant reflection of their results in
business accounting by financial organizations, Islamic special financial companies,
microfinance organizations, investment funds and the Development Bank of Kazakhstan,
shall –
entail a fine on legal entities in amount of twenty percent of a sum that was not
considered, but no less than one hundred and no more than four thousand monthly
calculation indices.
4. Maintenance of business accounting in violation of the requirements established
by the legislation of the Republic of Kazakhstan on business accounting and financial
statement, and methods (principles) of business accounting that lead to distortion of
the financial statement by financial organizations, special financial companies, Islamic
special financial companies, microfinance organizations, investment funds and the
Development Bank of Kazakhstan, shall –
entail a fine on legal entities in amount up to five percent of a sum that was
considered improperly, but no less than one hundred and no more than four thousand
monthly calculation indices.
Article 240. Divulgation of secrecy of accounting information Divulgation of accounting information that is commercial secret by persons having
an access to it, that did not inflict heavy damage, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
Article 241. Violation of rules for accreditation established
by the legislation of the Republic of Kazakhstan on business
accounting and financial statement 1. Violation of rules for accreditation established by the legislation of the
Republic of Kazakhstan on business accounting and financial statement, shall –
entail a notification or fine on a legal entity in amount of two hundred monthly
calculation indices.
2. The action provided by this Article committed repeatedly second time second
time within a year after imposition of administrative sanction, shall –
entail a fine on a legal entity in amount of three hundred monthly calculation
indices.
Article 242. Failure to perform the prudential regulations and
(or) other norms and limits being compulsory for compliance
by a manager of investment portfolio
1. Preparation of reporting by a manager of investment portfolio that lead to
distortion of indices or details contained in it on performance of prudential
regulations and (or) norms and limits compulsory for compliance, determined by the
legislation of the Republic of Kazakhstan on pension benefits, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
3. Repeated (two and more times within twelve sequential calendar months) failure
to perform the prudential regulations and (or) other norms and limits being compulsory
for compliance by a manager of investment portfolio established by the National Bank of
the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
Article 243. Violation of a procedure for representing
reporting on executed registration certificates or certificates
on notification or on currency monitoring, on exchange
operations with cash foreign currency, as well as information
and documents confirming occurrence of the circumstances that
have an impact on terms and conditions for repatriation of the
national and foreign currency
1. Representation of inaccurate reporting on executed registration certificates or
certificates on notification or on currency monitoring, on exchange operations with cash
foreign currency, shall –
entail a fine on individuals and legal entities.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of twenty, on subjects of large entrepreneurship, branches and representations of legal
entities-non-residents acting in a territory of the Republic of Kazakhstan more than one
year – in amount of forty monthly calculation indices.
3. Untimely representation of reporting on executed registration certificates or
certificates on notification or on currency monitoring, on exchange operations with cash
foreign currency, shall –
entail a notification on individuals and legal entities.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of twenty, on subjects of large entrepreneurship, branches and representations of legal
entities-non-residents acting in a territory of the Republic of Kazakhstan more than one
year – in amount of forty monthly calculation indices.
5. Non-representation of reporting on executed registration certificates,
certificates on notification or on currency monitoring, on exchange operations with cash
foreign currency, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship, branches and
representations of legal entities-non-residents acting in a territory of the Republic of
Kazakhstan more than one year – in amount of one hundred fifty monthly calculation
indices.
6. Untimely provision of information and documents confirming occurrence of the
circumstances that have an impact on the terms and (or) conditions for repatriation of
the national and foreign currency, shall –
entail a notification.
7. The action provided by a part six of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
8. Non-provision of information and documents confirming occurrence of the
circumstances that have an impact on the terms and (or) conditions of repatriation of
the national and foreign currency, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
Article 244. Violation of the term for submission of documents
for receiving certificate on notification on currency
operations or registration certificate on currency operations
1. Violation of the term for submission of documents by individuals and legal
entities for receiving certificate on notification on currency operations or
registration certificate on currency operations, shall –
entail a notification on individuals and legal entities.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of eighty, on subjects of
medium entrepreneurship – in amount of one hundred twenty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 245. Concealing a fact of the breach of the legislation
of the Republic of Kazakhstan on business accounting and
financial statement by an auditor from the customers
of conducting audit
Concealing a fact of the breach of the legislation of the Republic of Kazakhstan
on business accounting and financial statement by an auditor from the customers of
conducting audit, detected upon conduct of inspection, shall –
entail a fine in amount of seventy five monthly calculation indices with
deprivation of qualification certificate “auditor”.
Article 246. Preparation of inaccurate audit report, as well
as inaccurate audit opinion on taxes by an auditor and audit organization
Footnote. Title of Article 246 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
1. Preparation of inaccurate audit report by an auditor and audit organization,
with the exception of the case provided by Article 249 of this Code, shall –
entail a fine on auditors in amount of eighty, on audit organization – in amount
of one hundred eighty monthly calculation indices, with suspension of the license
validity term for carrying out of audit activity or without such.
2. Preparation of knowingly inaccurate audit report by an auditor and audit
organization, shall –
entail a fine on auditors in amount of one hundred ten monthly calculation indices
with the deprivation of qualification certificate, on audit organizations – in amount of
two hundred twenty monthly calculation indices with the suspension of the license
validity term for carrying out of audit activity.
3. The action provided by a part one of this Article committed repeatedly second
time second time by an auditor within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred fifty monthly calculation indices with
deprivation of qualification certificate.
4. The actions provided by parts one and two of this Article committed repeatedly
second time second time by an audit organization within a year after imposition of
administrative sanction, shall –
entail a fine in amount of two hundred fifty monthly calculation indices with the
deprivation of a licence for carrying out of audit activity.
5. Drawing up of inaccurate audit opinion on taxes by an audit organization, shall
–
entail a fine on an audit organization in amount of two hundred monthly
calculation indices with the suspension of the license validity term for carrying out of
audit activity or without such.
6. The action provided by a part five of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on audit organization in amount of two hundred fifty monthly
calculation indices with deprivation of a license for carrying out of audit activity.
Footnote. Article 246 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 246-1. Violation of a procedure for conduct of audit
on taxes by an audit organization Violation of a procedure for conduct of audit on taxes by an audit organization,
with the exception of the violations entailing recognition of audit opinion on taxes as
inaccurate, shall –
entail a fine on audit organization in amount of one hundred fifty monthly
calculation indices.
Note. The violation of a procedure for conduct of audit on taxes in this Article
shall be regarded as non-compliance with obligations by an audit organization
established by the procedure for conduct of audit on taxes by the audit organization
determined by the state body carrying out regulation in the field of audit activity.
Footnote. Chapter 15 is supplemented by Article 246-1 in accordance with the Law
of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from
01.01.2015).
Article 247. Breach of the legislation of the Republic
of Kazakhstan on audit activity 1. Carrying out of the types of activity by an audit organization not provided by
the legislation of the Republic of Kazakhstan on audit activity, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
3. Conduct of audit in the cases prohibited by the Law of the Republic of
Kazakhstan “On audit activity”, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices with suspension of the license validity term.
4. Failure to notify the National Bank of the Republic of Kazakhstan and failure
to notify the audited financial organizations for which the conduct of audit is
compulsory on breaches of the legislation of the Republic of Kazakhstan regulating the
activity of financial market and financial organizations detected in a result of audit
of these organizations, shall –
entail a fine on legal entities in amount of one hundred fifty monthly calculation
indices.
5. Untimely representation or non-representation, and equally representation of
inaccurate details by accredited professional audit organizations to the relevant
authorized bodies, information the provision of which is required in accordance with the
legislation of the Republic of Kazakhstan on audit activity, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
6. Failure to notify the bodies of state financial control by the audited subjects
represented by the state institutions and state enterprises, as well as legal entities
with state participation on breaches of the legislation of the Republic of Kazakhstan
upon using budget funds, credits, connected grants, assets of the state, loans
guaranteed by the state, detected in a result of audit of these organizations, shall –
entail a fine on chief executive officers in amount of one hundred fifty monthly
calculation indices.
7. Untimely representation or non-representation of reporting by audit
organizations to the authorized body in accordance with qualification requirements and
(or) information on insurance of own civil liability in the form approved by the
authorized body, shall –
entail a fine on legal entities in amount of one hundred fifty monthly calculation
indices.
8. Non-representation of audit report by audit organizations to the National Bank
of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Article 248. Violations linked with use and storage of
personal seal of an auditor
1. Violation of requirements by an auditor on a proper storage and use of personal
seal established by the legislation of the Republic of Kazakhstan on audit activity,
shall –
entail a fine in amount of one hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time by an audit within a year after imposition of administrative sanction,
shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 249. Provision of untimely, inaccurate or incomplete
information by the audited subject to audit organization Provision of untimely, inaccurate or incomplete information by the audited subject
to audit organization in the course of conduct of audit, that lead to preparation of
inaccurate audit report, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty, on subjects of medium entrepreneurship – in amount of twenty five, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 250. Avoidance from conduct of compulsory audit Avoidance from conduct of compulsory audit or impeding its conducting, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices.
Article 251. Failure to perform the requirement of repatriation
of the national and foreign currency Failure to perform the requirement of repatriation of the national and foreign
currency committed in the form of non-passing of the national and foreign currency to
banking accounts in the authorized banks:
1) revenue in the national and foreign currency from export of goods (works,
services);
2) national and foreign currency transferred by a resident in favor of non-
resident for import of goods (works, services) subjected to return due to non-
fulfillment or incomplete fulfillment of the obligations by the non-resident on goods
delivery (carrying out of works, rendering of services), shall –
entail a fine on subjects of small entrepreneurship, on subjects of medium
entrepreneurship, on subjects of large entrepreneurship, non-profit organizations in
amount of twenty percent of a sum of not passed national and foreign currency, but no
more than two thousand monthly calculation indices.
Note.
Liability for commission of infractions provided by this Article shall occur in
cases when after expiration term of repatriation, the sum of not passed national and
foreign currency exceeds the sum being equivalent to fifty thousand USD, and if these
actions (omission) do not contain the signs of criminally punishable act.
Individuals that are not individual entrepreneurs shall not bear liability
provided by this Article.
Article 252. Conduct of currency operations with breach
of currency legislation of the Republic of Kazakhstan 1. Conduct of exchange operations with foreign currency not through the authorized
banks and their exchange officers, as well as exchange officers of the authorized
organizations, conduct of prohibited currency operations between residents, making
payments and money transfers not through the accounts in the authorized banks, when such
requirement is established by the currency legislation of the Republic of Kazakhstan,
shall –
entail a fine on individuals and legal entities.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of one hundred percent of a sum of the operation conducted with violation of
established procedure.
3. Non-compliance with limits established by the National Bank of the Republic of
Kazakhstan for deviation of buying rate from selling rate of foreign currency for tenge
by the authorized banks and authorized organizations on operations conducted through the
exchange officers, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
Article 253. Violation of special currency regime
Violation of special currency regime in a part of:
1) failure to perform the requirement to receive special permission of the
National Bank of the Republic of Kazakhstan for conduct of currency operation;
2) failure to perform the requirement of compulsory sale of foreign currency
received by residents;
3) use of accounts in foreign banks;
4) failure to perform the requirements to the procedure for conduct of currency
operations;
5) non-compliance with other temporary currency restrictions introduced by the
President of the Republic of Kazakhstan, shall –
entail a fine on individuals and legal entities in amount of one hundred percent
of a sum of the operation conducted with violation of special currency regime.
Article 254. Illegal use of insider information
1. Actions of insiders on use of insider information upon consummation of
transactions with securities and (or) derivative financial instruments, illegal transfer
of insider information to third persons, provision of recommendations or suggestions to
third persons on consummation of transactions with securities and (or) derivative
financial instruments, based on the insider information, as well as failure to perform
the requirements of the legislation of the Republic of Kazakhstan on provision of
information to emitters by legal entities that recognized as insiders, in respect of
these emitters, if these actions did not inflict heavy damage, shall –
entail a fine on an individual in amount of two hundred, on civil servant – in
amount of four hundred, on legal entity – in amount of six hundred monthly calculation
indices.
2. Violation of requirements by emitters established by the legislation of the
Republic of Kazakhstan in a part of controlling disposal and use of insider information
on the emitter and securities (derivative financial instruments) issued (provided) by
him (her), shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
Article 255. Unfair advertisement of activity at
securities market
Unfair advertisement of activity at securities market by representation and
distribution of inaccurate details by securities market entities on a date of
publication of advertisement, shall –
entail a fine on individuals and legal entities in amount of one hundred monthly
calculation indices.
Article 256. Violation of requirements by securities
market entity and other persons on representation of
reporting, information, details 1. Non-representation, and equally repeated (two and more times within twelve
sequential calendar months) untimely representation of reporting, details and (or) other
requested information by securities market entity, as well as his (her) participants
(shareholders) and (or) affiliated persons, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
2. Representation of inaccurate, and equally incomplete reporting, details and
(or) other requested information by securities market entity, as well as his (her)
participants (shareholders) and (or) affiliated persons, as well as in the course of
conducting inspections of activity of the securities market entities, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
3. Representation of knowingly false details by securities market entity on
operations with securities that does not have the signs of criminally punishable act,
shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Note. The reporting in a part one of this article shall be regarded as documents
and reporting, the representation of which is provided by the legislation of the
Republic of Kazakhstan for the purpose of state registration of issuing equity
securities, registration of amendments and supplements in a prospectus of issuing equity
securities, approval of a report on results of placement and (or) redemption of equity
securities, informing on activity of a representative of bond holders and on non-
fulfillment or improper fulfillment of the obligations on bonds, representation of the
list of affiliated persons of a joint stock company; assessment of performing
requirements to the risk management system and internal control of professional
participants of securities market.
Article 257. Violation of rights of securities holders
1. Violation of rights of shareholders to management of the affairs of a joint
stock company, procedure for distribution of a part of revenues (payment of dividends),
privileged purchase of securities, receipt of information on activity of the company, as
well as violation of the procedure for calling and holding general meeting of
shareholders established by the legislation of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
2. Violation of procedure and conditions for payment of remuneration on bonds and
(or) their redemption established by the legislation of the Republic of Kazakhstan,
shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
3. Violation of a procedure and conditions by an emitter of securities for
repurchase of the securities placed by him (her) established by the legislation of the
Republic of Kazakhstan and (or) prospectus of issuing these securities, as well as non-
carrying out of the repurchase of securities placed by him (her) in the cases
established by the legislation of the Republic of Kazakhstan and (or) prospectus of
issuing these securities, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 258. Violation of a procedure for consummation
of transactions with securities and (or) derivative
financial instruments, as well as conditions for
conclusion of transactions Violation of a procedure established by the legislation of the Republic of
Kazakhstan for consummation of transactions with securities and (or) derivative
financial instruments, as well as conditions for conclusion of transactions established
by the legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of two hundred, on civil servants, subjects
of small entrepreneurship – in amount of three hundred, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of five hundred monthly calculation indices.
Article 259. Consummation of transactions for the purpose
of price-gouging of securities Consummation of transactions by securities market entities for the purpose of
price-gouging of securities, shall –
entail a fine on individuals in amount of two hundred, on subjects of small
entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship –
in amount of four hundred, on subjects of large entrepreneurship – in amount of five
hundred monthly calculation indices.
Article 260. Violation of a procedure for registration of
transactions with securities, accounting and confirmation
of rights on them
1. Violation of a procedure for maintenance of a register system of securities
holders or accounting system of nominal holding by a professional securities market
participant, and equally violation of a procedure for confirmation of the rights to
securities, if these actions do not contain the signs of criminally punishable act,
shall –
entail a fine in amount of three hundred monthly calculation indices.
2. Violation of a procedure and conditions for transferring documents and details
established by the legislation of the Republic of Kazakhstan, that are the system of
nominal holding by professional securities market participant to the other professional
securities market participant, shall –
entail a fine on a legal entity in amount of four hundred monthly calculation
indices.
Article 261. Violation of conditions and procedure for issuance
and (or) placement of equity securities by an emitter
1. Violation of conditions and procedure for issuance and (or) placement of equity
securities by an emitter, established by the legislation of the Republic of Kazakhstan,
as well as linked with violation by an emitter that is not a financial organization of
conditions and procedure established by prospectus of issuing bonds for using money
received from placement of the bonds, with the exception of actions provided by a part
two of this Article, shall –
entail a fine on civil servants in amount of three hundred, on subjects of small
entrepreneurship, non-profit organizations – in amount of three hundred fifty, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
2. Violation of conditions and procedure for placement of equity securities by an
emitter in a territory of foreign state established by the legislation of the Republic
of Kazakhstan, shall –
entail a fine on legal entities in amount of fifty percent of a sum of money
received from placement of equity securities.
Article 262. Violation of requirements by professional
securities market participant and organizer of biddings
with securities established by the legislation of
the Republic of Kazakhstan to their activity
Repeated (two and more times within twelve sequential calendar months) violation
of requirements by professional securities market participant and organizer of biddings
with securities established by the legislation of the Republic of Kazakhstan to their
activity, shall –
entail a fine in amount of three hundred monthly calculation indices.
Article 263. Violation of the obligation on disclosure
of information at securities market
Non-fulfillment of the obligation on disclosure of information by securities
market entities in the manner and on conditions determined by the legislation of the
Republic of Kazakhstan and (or) internal rules of stock exchanges, as well as provision
of incomplete or inaccurate information of own activity, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
one hundred monthly calculation indices.
Article 264. Breach of the legislation of the Republic of
Kazakhstan on securities market by single accumulative
pension fund, voluntary accumulative pension funds and
managers of investment portfolio
1. Violation of a procedure for accounting pension savings on personal accounts of
contributors (receivers) by a single accumulative pension fund, voluntary accumulative
pension funds, as well as violation of a procedure for relations with custody banks and
single accumulative pension fund, voluntary accumulative pension funds by a manager of
investment portfolio established by the legislation of the Republic of Kazakhstan on
securities market, that did not inflict heavy damage, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
2. Carrying out of transactions and operations by a single accumulative pension
fund or voluntary accumulative pension fund in breach of the legislation of the Republic
of Kazakhstan on securities market, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 265. Violation of requirements of the Law of the
Republic of Kazakhstan “On investment funds”
1. Violation of requirements of the Law of the Republic of Kazakhstan “On
investment funds” by an incorporated investment fund, management company of investment
fund to the content of information on own activity, indices characterizing the
composition and value of net assets of investment fund, as well as procedure for its
publication and distribution, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
2. Distribution or publication of inadequate, incomplete or misinforming
information by an incorporated investment fund, manager company of investment fund,
shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 266. Violation of restrictions established by
the legislative acts of the Republic of Kazakhstan
on making payments
Making a payment by legal entities in cash on civil transaction to the amount more
than one thousand monthly calculation indices in favour of other legal entity, shall –
entail a fine on a legal entity that made payment, in amount of five percent of a
sum of the payment.
Article 267. Illegal actions of civil servants of the state
institution and state enterprise based on the right of
operational management (treasury enterprise) on incurrence
of pecuniary liability on account of the funds of state budget 1. Illegal actions of civil servants of the state institution or state enterprise
based on the right of operational management (treasury enterprise) on incurrence of
pecuniary liability on account of the funds of state budget without registration of
civil transactions established by the legislation and (or) in excess of the sums of cost
estimations approved by the authorized body that entailed liability of the Government of
the Republic of Kazakhstan or the relevant local executive body on obligations of the
state institution or state enterprise based on the right of operational management
(treasury enterprise), shall –
entail a fine in amount of fifty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 268. Breach of the legislation of the Republic
of Kazakhstan on goods exchange
1. Participation of employees of goods exchange in exchange transactions, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
2. Carrying out of commercial or another activity by goods exchange that is not
linked directly with organization of exchange business, shall –
entail a fine in amount of five hundred monthly calculation indices.
3. Sale of goods included into the list of exchange commodities outside the goods
exchange, shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred forty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
4. Non-compliance with requirements by exchange brokers and (or) exchange dealers
on maintenance of records of consummated exchange transactions separately on each client
and storage of details on these transactions within five years from the date of
consummation of a transaction, shall –
entail a fine in amount of eighty monthly calculation indices.
Chapter 16. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF TAX ASSESSMENT
Article 269. Violation of the term for registration
in the state revenues body
1. Violation of the terms established by the legislative acts of the Republic of
Kazakhstan for filing tax application on registration in the state revenues body, on
registration of an individual entrepreneur, private notary officer, private officer of
justice, advocate, on registration on separate types of activity, shall –
entail a notification.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of eight, on private notary officers,
judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-
profit organizations – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of seventy monthly
calculation indices.
3. Violation of the term established by the legislative acts of the Republic of
Kazakhstan for filing tax application to the state revenues body by a tax payer on
registration on value added tax, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship
– in amount of thirty percent of a sum of taxable turnover for the period of non-
registration.
Article 270. Illegal carrying out of activity upon
applying special tax regime
1. Applying special tax regime with violation of conditions provided by the
legislative acts of the Republic of Kazakhstan for this regime, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
3. Violation of the term by an individual entrepreneur for filing cost calculation
of patent or tax application on suspension (prolongation, renewal) of representing tax
reporting, shall –
entail a notification.
4. The act provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 271. Carrying out of activity during the period of
validity term of decision of the state revenues body on
suspension of representing tax reporting 1. Carrying out of activity by persons during the period of validity term of
decision of the state revenues body on suspension of representing tax reporting, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on private notaries, judicial enforcement agent, advocates, on
subjects of small entrepreneurship or non-profit organizations in amount of forty, on
subjects of medium entrepreneurship – in amount of forty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
Note of RCLI!
The Title of Article 272 is in the wording of the Law of the Republic of
Kazakhstan, dated 18.11.2015 No. 412-V (shall be enforced from 01.01.2017).
large
Article 272. Non-representation of tax reporting, as well as
documents linked with conditional bank deposit
1. Non-representation of tax reporting by a tax payer to the state revenues body
within the term established by the legislative acts of the Republic of Kazakhstan, shall
–
entail a notification.
2. The act provided by a part one of this Article, with the exception of the act
mentioned in a part three of this Article committed repeatedly second time second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on private notary officers, on
judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-
profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty five, on subjects of large entrepreneurship – in amount of seventy
monthly calculation indices.
3. The act provided by a part one of this Article that is expressed in non-
representation of reporting on monitoring within the term established by the legislative
acts of the Republic of Kazakhstan, committed repeatedly second time second time within
a year after imposition of administrative sanction, shall –
entail a fine on large taxpayers subjected to monitoring, in amount of five
hundred fifty monthly calculation indices.
4. Non-representation or untimely presentation of a contract on conditional bank
deposit to the state revenues body by a tax agent in case of payment of income tax
through conditional bank deposit, shall –
entail a fine on private notaries, judicial enforcement agent, advocates, on
subjects of small entrepreneurship, including legal entities non-residents carrying out
the activity in the Republic of Kazakhstan through permanent institution, branch,
representative offices of twenty, on subjects of medium entrepreneurship, including
legal entities-non-residents carrying out the activity in the Republic of Kazakhstan
through permanent institution, branch, representation – in amount of thirty, on subjects
of large entrepreneurship, including legal entities-non-residents carrying out the
activity in the Republic of Kazakhstan through the permanent institution, branch,
representative offices – in amount of fifty monthly calculation indices.
5. Non-representation of documents to the state revenues body, required for
determination of a sum of income or a part of income of a legal entity-non-resident
located and (or) registered in a state with concessional taxation subjected to taxation
in accordance with the Tax Code of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of five hundred monthly calculation indices.
Article 273. Non-representation of reporting on monitoring
of transactions, as well as documents required for control
upon transfer pricing 1. Non-representation of reporting to the state revenues body on monitoring of
transactions within the term established by the legislation of the Republic of
Kazakhstan on transfer pricing, as well as non-representation within the term
established by the authorized body, or refusal in representation of documents by a
taxpayer (as well as in electronic form) required for control upon transfer pricing,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of three hundred fifty
monthly calculation indices.
2. Detection of discrepancies of more than two thousand-fold amount of monthly
calculation index established for the relevant financial year by the Law on republican
budget between reporting data on monitoring of transactions and data received in the
course of inspection, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of three hundred fifty
monthly calculation indices.
3. Actions (omission) provided by a part one of this Article committed repeatedly
second time within the year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred twenty five, on subjects of medium entrepreneurship – in amount of
two hundred fifty, on subjects of large entrepreneurship – in amount of seven hundred
fifty monthly calculation indices.
Article 274. Violation of measures of financial control
1. Intended non-representation or representation of incomplete, inaccurate
declarations and details on incomes and property being the item of taxation by a person
holding a state position, by a person dismissed from the state service based on negative
appeals, and equally by a husband (wife) of mentioned persons within the term
established by the legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine in amount of two hundred monthly calculation indices.
Footnote. Article 274 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 275. Concealment of items of taxation
1. Concealment of items of taxation by a tax payer, shall –
entail a fine on individuals, subjects of small entrepreneurship or non-profit
organizations, on subjects of medium entrepreneurship, on subjects of large
entrepreneurship in amount of one hundred percent of a tax amount and other compulsory
payments subjected to payment on concealed item of taxation.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals, subjects of small entrepreneurship or non-profit
organizations, on subjects of medium entrepreneurship, on subjects of large
entrepreneurship in amount of two hundred percent of a tax amount and other compulsory
payments subjected to payment on concealed item of taxation.
Note of RCLI!
Note is in the wording of the Law of the Republic of Kazakhstan, dated 13.11.2015
No 400-V (shall be enforced from 01.01.2017).
Note. For the purpose of a part one of this Article, the concealed items of
taxation shall be also regarded as non-acceptance of goods for registration by a tax
payer, imported in a territory of the Republic of Kazakhstan from a territory of the
Customs Union member states.
Article 276. Absence of accounting records and violation
of maintaining of tax account 1. Absence of accounting records and (or) non-compliance with requirements on
drawing up and keeping of accounting records established by the legislation of the
Republic of Kazakhstan, shall –entail a notification.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of seventy five monthly calculation
indices.
3. Non-reflection of operations in accounting documentation on accounting and sale
of goods (works, services), shall –
entail a fine on subjects of small entrepreneurship in amount of three, on
subjects of medium entrepreneurship – in amount of five, on subjects of large
entrepreneurship – in amount of ten percent of cost of unaccounted goods (works,
services).
Note. The absence of accounting documentation of a tax payer shall be regarded as
absence of accounting documents and (or) tax forms, tax accounting policy, other
documents being the ground for determination of items of taxation and (or) objects
linked with taxation, as well as for calculation of tax liability.
Article 277. Avoidance from payment of accrued (calculated) tax
amounts and other compulsory payments into the budget Avoidance from payment of accrued (calculated) tax amounts and other compulsory
payments into the budget committed by making settlement payments by a tax payer with
third parties in existence of debts in the period of validation of a regulation of the
state revenues body on suspension of debit operations on cash register, unless this
action contain signs of a criminally punishable act, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen monthly calculation
indices, on subjects of medium entrepreneurship – in amount of thirty, on subjects of
large entrepreneurship – in amount of fifty percent of a sum of made calculations.
Article 278. Undervaluation of tax amounts and other compulsory
payments into the budget 1. Undervaluation of tax amounts and other compulsory payments in a declaration,
calculation, application on entry of goods and payment of indirect taxes, if this action
does not contain signs of a criminally punishable act, shall –
entail a fine on individuals in amount of ten monthly calculation indices, on
private notary officers, judicial enforcement agent, advocates, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty percent of accrued tax amount and other compulsory payments into the
budget.
2. Undervaluation of current payment amounts by a tax payer in a calculation, if
this action does not contain signs of a criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations,
on subjects of medium entrepreneurship in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of undervalued current payment amounts.
3. Excess of amount of factually calculated corporate income tax for a tax period
over a sum of calculated advance payments within the tax period in amount of more than
twenty percent, if this action does not contain signs of a criminally punishable act,
shall –
entail a fine in amount of forty percent of a sum of exceeding the factual tax.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
Note.
1. For the purpose of a part one of this Article, upon determination of a sum of
administrative sanction on accrued amount of value added tax, the sum of overpay on
value added tax on a separate account of a tax payer shall be considered on a date of
established term for payment of the value added tax for tax period.
In case of tax inspection of more than one tax period, the sum of overpay on a
separate account on a date of established term for payment for each following tax period
shall be determined in consideration of accrued and (or) undervalued amount of the value
added tax for the previous tax periods included into this tax inspection.
2. For the purpose of a part one of this Article in case, if the person is subject
to administrative liability for undervaluation of indirect tax amounts in the
application on entry of goods and payment of indirect taxes, such person shall not be
subject to administrative liability separately for undervaluation of the mentioned
indirect tax amounts in a declaration on indirect taxes on imported goods.
3. For the purpose of a part three of this Article, the person shall be also
subject to administrative liability in case of non-representation of advance payments
within the tax period on corporate income tax subjected to representation in accordance
with the tax legislation of the Republic of Kazakhstan. By this, the accrued amount of
advance payments shall be equated to zero.
4. For the purpose of a part three of this Article, upon determination of excess,
the excess that is created due to adjustment of the tax on extraction of mineral
resources in accordance with paragraph 3 of Article 335 and (or) subparagraph 1) of
paragraph 3 of Article 338 of the Tax Code of the Republic of Kazakhstan.
Footnote. Article 278 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 279. Non-fulfillment of the obligation by a tax agent
on deduction and (or) transfer of taxes
1. Non-deduction or partial deduction of tax amounts by a tax agent subjected to
deduction and (or) transfer into the budget, within the term established by the tax
legislation of the Republic of Kazakhstan, shall –
entail a fine on private notary officers, judicial enforcement agent, advocates,
on subjects of small entrepreneurship or non-profit organizations in amount of twenty,
on subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of non-deducted tax amount and other
compulsory payments.
2. Non-transfer or incomplete transfer of deducted tax amounts by a tax agent
subjected to transfer into the budget, within the term established by the tax
legislation of the Republic of Kazakhstan, shall –
entail a fine on private notary officers, judicial enforcement agent, advocates,
on subjects of small entrepreneurship or non-profit organizations in amount of five, on
subjects of medium entrepreneurship – in amount of ten, on subjects of large
entrepreneurship – in amount of twenty monthly calculation indices.
Note. The person shall not be subject to bringing to administrative liability
provided by this Article on deducted (subjected to deduction) tax amounts detected by a
tax agent on an individual basis and mentioned in additional tax reporting, upon
condition of their transfer into the budget no later than three business days from the
date of representation of additional tax reporting to the state revenues body.
Article 280. Statement of dummy invoice Statement of dummy invoice by a tax payer, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty five
monthly calculation indices, on subjects of medium entrepreneurship – in amount of one
hundred twenty, on subjects of large entrepreneurship – in amount of two hundred percent
of amount of value added tax included into the invoice.
Note. Dummy invoice shall be regarded as the invoice made by a payer that is not
registered on value added tax, and equally by a person that in fact did not perform
works, render services, dispatch goods and including the amount on value added tax.
Article 281. Breach of the legislation of the Republic of
Kazakhstan in the field of the state regulation of production
and turnover of separate types of oil products and sub-excise
goods, with the exception of biofuel, ethyl alcohol and
alcohol products
1. Violation of the rules for execution of accompanying notes, declaration of
separate types of oil products and sub-excise goods, with the exception of biofuel,
ethyl alcohol and alcohol products, and equally non-presentation or untimely
representation of accompanying notes, as well as declarations on production and turnover
of separate types of oil products and sub-excise goods, with the exception of biofuel,
ethyl alcohol and alcohol products, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations in amount of forty five, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of one hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship –
in amount of one hundred, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices.
3. Breach of the legislation of the Republic of Kazakhstan in the field of the
state regulation of production and turnover of tobacco products committed in the form
of:
1) refusal in representation of details to the authorized body or representation
of inaccurate information in the scope of production and turnover of tobacco products,
and equally non-representation of information within thirty calendar days in written
form on introduced amendments and supplements in a production passport;
2) production of tobacco products not by address stated in a license, on equipment
that do not conform to requirements established by the legislation of the Republic of
Kazakhstan;
3) non-carrying out of activity on production of tobacco products within the year
from the date of issuance of a license, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices with
suspension of the license validity term for the relevant type of activity.
4. Acts provided by a part three of this Article committed repeatedly second time
within a tear after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of nine hundred monthly calculation indices with
deprivation of the license for the relevant type of activity.
5. Violation of conditions of production and (or) turnover of separate types of
oil products and sub-excise goods, with the exception of biofuel, ethyl alcohol and
alcohol products committed in the form of:
1) turnover of ethylated petrol and (or) slop oil products, as well as their
storage without the further processing by individuals and (or) legal entities;
2) turnover of separate types of oil products without accompanying notes;
3) sale of oil products by the persons, with the exception of oil producers and
oil suppliers, not from the oil product depots, gas filling stations;
4) breaking of seals on control metering instruments;
5) turnover (except for export) of tobacco products with the prices lower than
minimal prices established by the Government of the Republic of Kazakhstan;
6) sale of oil products from gas filling stations of movable type on agricultural
lands at the places of concentration of agricultural vehicles at field works;
7) turnover of oil products including metallic additives (iron, manganese, led and
others, except for antistatic additives for diesel fuel) by individuals and (or) legal
entities;
Note of RCLI!
Subparagraph 8) shall be enforced from 01.01.2016 in accordance with the Code of
the Republic of Kazakhstan dated 05.07.2014 No. 235-V.
8) sale and (or) dispatch of separate types of oil products by producers of oil
products, oil suppliers, wholesale oil suppliers or retail sellers of oil products
without control metering instruments (CMI) or without CMI;
9) lend lease of a reserve by owners of oil depots for sale and (or) storage of
oil products for the purpose of following selling to two and more individuals and (or)
legal entities at the same time;
10) sale of oil products by wholesale oil products suppliers acquiring the oil
products from oil producers and oil suppliers not to retail sellers of oil products or
not to final consumers, shall –
entail a fine on individuals in amount of one hundred fifty, on subjects of small
entrepreneurship – in amount of two hundred twenty five, on subjects of medium
entrepreneurship – in amount of three hundred fifty, on subjects of large
entrepreneurship – in amount of eight hundred monthly calculation indices, with
confiscation of oil products being direct subjects of commission of administrative
infraction, and (or) incomes received due to commission of the infraction.
6. The actions provided by a part five of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of two hundred, on subjects of small
entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship –
in amount of four hundred, on subjects of large entrepreneurship – in amount of one
thousand monthly calculation indices, with confiscation of the oil products being direct
subjects of commission of administrative infraction, and (or) incomes received due to
commission of the infraction.
Article 282. Breach of the legislation of the Republic of
Kazakhstan on the state regulation of production and
turnover of ethyl alcohol and alcohol products 1. Violations of the rules for representation of declarations on production and
turnover of ethyl alcohol and alcohol products, rules for execution and use of
accompanying notes on ethyl alcohol and (or) alcohol products, and equally non-
representation of declarations on production and turnover of ethyl alcohol and alcohol
products, as well as accompanying notes on ethyl alcohol and alcohol products, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one thousand
monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
3. Violation of the conditions of turnover and movement of ethyl alcohol and
alcohol products committed in the form of:
1) storage and sale of alcohol products outside the places established by the Laws
of the Republic of Kazakhstan;
2) turnover of alcohol products in a composite plastic container, as well as in a
cardboard package with polyethylene coating and foiled plastic bag placed in a cardboard
box, and equally in dirty, misshaped, with obvious signs of breakage, with affected
closure of bottles, as well as having common turbidity, foreign inclusions, settlings
(except for vintage wines);
3) turnover of alcoholic products in tin containers (except for beer and low-proof
distilled products with a strength less than twelve percent) in bottles without labels
and in plastic capacities;
4) retail sale of vodka and special vodka, strong distilled products lower than
minimal retail price established by the Government of the Republic of Kazakhstan;
5) storage and wholesale trade of alcohol products by two and more licensees in
one storage capacity;
Note of RCLI!
Subparagraph 6) shall be enforced from 01.01.2016 in accordance with the Code of
the Republic of Kazakhstan dated 05.07.2014 No. 235-V.
6) storage and sale without existence of the tools determining the security
features of accounting- control marks and (or) reading information from accounting-
control marks of alcohol products subjected to marking by accounting-control marks;
7) turnover and movement of ethyl alcohol and (or) alcohol products without
existence of accompanying notes, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship –
in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two
hundred, on legal entities that are the subjects of large entrepreneurship – in amount
of six hundred monthly calculation indices with confiscation of sub-excise goods that
are the direct subject of infraction.
4. The actions provided by a part three of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of two hundred fifty, on subjects of large entrepreneurship – in amount of eight
hundred monthly calculation indices, with the confiscation of sub-excise goods,being the
direct subject of infraction.
5. Violation of conditions of production of ethyl alcohol and (or) alcohol
products committed in the form of:
1) non-representation of information by a producer on introduced amendments or
supplements to production passport up to thirty calendar days from the date of
introduction of amendments or supplements to production passport;
Note of RCLI!
Subparagraph 2) is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2016).
2) production of ethyl alcohol and (or) alcohol products (except for those
saturated with dioxide carbon) without alcohol metering instruments and (or) control
metering instruments or with alcohol metering instruments and (or) control metering
instruments not carrying out automated information transfer on volumes of production to
the authorized body;
Note of RCLI!
Subparagraph 3( is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2016).
3) production of ethyl alcohol and (or) alcohol products (except for saturated
with dioxide carbon) with defective alcohol metering instruments and (or) control
metering instruments, and equally with deviations in accounting above permitted
standards;
4) production of ethyl alcohol and alcohol products by two and more licensees at
one and the same stationary premises and equipment, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of seven hundred monthly calculation
indices, with suspension of the license validity term for the relevant type of activity.
6. The act provided by a part five of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of nine hundred monthly calculation
indices, with deprivation of the license for the relevant type of activity.
7. Violation of the conditions of production and turnover of ethyl alcohol and
(or) alcohol products committed in the form of:
1) carrying out of activity in the period of suspension of the license validity
term on such activity;
2) production of alcohol products from ethyl alcohol produced not from food raw
materials, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices, with the
deprivation of the license for the relevant type of activity.
8. Non-payment of annual license fee within the terms and amounts established by
the Code of the Republic of Kazakhstan “On taxes and other compulsory payments into the
budget” (Tax Code), shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices, with
suspension of the license validity term for the relevant type of activity.
9. Non-elimination of violations provided by a part eight of this Article, within
the term of suspension of the license validity term, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of
large entrepreneurship – in amount of seven hundred monthly calculation indices, with
deprivation of the license for the relevant type of activity.
10. Non-observance of a minimal percent of using production capacity and minimal
production volumes upon production of ethyl alcohol (except for cognac spirit), vodka
and special vodka, shall –
entail a fine on subjects of medium entrepreneurship – in amount of five hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices, with suspension of the license validity term for the relevant type of activity.
11. The act provided by a part ten of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of one thousand, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices, with deprivation of the license for the relevant type of activity.
12. Storage and sale of alcohol products in the buildings and in the territories
of public health, education, health and fitness organizations, sports and sporting
technical structures, gas filling stations, trade markets, cultural leisure
organizations, shall – entail suspension of the license validity term.
13. The actions provided by a part twelve of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail deprivation of the license.
Footnote. Article 282 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 283. Violation of the rules for marking (remarking)
of alcohol products, with the exception of wine materials and
beer by accounting control marks and tobacco products
by excise marks
1. Violation of the rules for marking (remarking) of alcohol products by a
producer or importer, with the exception of wine materials and beer by accounting
control marks and tobacco products by excise marks, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with confiscation of sub-excise goods that are the direct subject of
infraction, as well as with deprivation of the license for the relevant type of
activity.
2. Turnover of sub-excise goods subjected to marking by excise and (or) accounting
control marks committed in the form of storage, sale and (or) transportation of the sub-
excise goods without excise and (or) accounting control marks, and equally with marks of
non-established standard and (or) that may not be identified, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of five hundred monthly calculation indices, with confiscation of sub-excise
goods that are the direct subject of infraction, as well as with deprivation of the
license for the relevant type of activity.
Footnote. Article 283 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 284. Violation of the procedure for using
cash register machines 1. Non-use of cash register machine upon making cash settlements in a territory of
the Republic of Kazakhstan performed during trading operations, performance of works,
rendering of services by cash money, as well as use of defective or unregistered cash
register machine in the state revenues body at place of use, shall –
entail a notification.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of fifteen, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
3. Non-issuance of a receipt of cash register machine or sales check or issuance
of a receipt of cash register machine or sales check in amount of more or less than the
sum paid for goods or service, shall – entail a notification.
4. The act provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
5. Violation of the terms for filing a tax application for introduction of
amendments into the registration data of cash register machine, substitution
(restoration) of record book of cash money or sales check book, as well as upon
technical defect of the cash register machine, elimination of which is impossible
without violation of the integrity of a seal of the state revenues body, shall –
entail a notification.
6. The act provided by a part five of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
7. Non-indication of one or several following requisites in a control check of
cash register machine:
1) name of a tax payer;
2) identification number;
3) factory number of a cash register machine;
4) registration number of cash register machine in the state revenues body;
5) index number of a check;
6) date and time of purchasing goods, performance of works, rendering of services;
7) price of goods, work, service and (or) sum of purchase;
8) fiscal sign or non-indication of one or several requisites established by
subparagraphs 1) – 7) of this part in a control check of computer systems (with the
exception of the computer systems used by banks and organizations carrying out separate
types of banking operations), shall –
entail a notification.
8. The act provided by a part seven of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
9. Non-filling of a record book of cash money during the operation of cash
register machine or non-conformance of indications of the shift reports to the data of
the record book of cash money on the relevant date, or failure to record in the record
book of cash money upon carrying out of operations in the cash register machine on
cancellation of wrongly introduced sum or return of cash money for the sold goods,
performed works, rendered services, shall –
entail a notification.
10. The act provided by a part nine of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
11. Non-conformance of the indications of a report on current state of a cashier
to the sum of cash money in the cashier at the moment of reading of the fiscal report
considering the sums of acceptance and disbursal of cash money not linked with sales of
goods, performance of works, rendering of services indicated in a record book of cash
money detected in the course of tax inspection, shall –
entail a notification.
12. The act provided by a part eleven of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
13. Violations of the terms for retention of the shift report, record book of cash
money, sales checks, registration card of cash register machine, annulment or return
check, as well as control check on which the operation of annulment or return is
conducted, established by the tax legislation of the Republic of Kazakhstan, shall –
entail a notification.
14. The act provided by a part thirteen of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
15. Conduct of operations in cash register machine on cancellation of wrongly
entered sum or return of cash money for sold goods, performed works, rendered services
without existence of original of a control check for the sold goods, performed works,
rendered services, shall –
entail a notification.
16. The act provided by a part fifteen of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
17. Violation of the term for presenting cash register machine to the state
revenues body for installation of seals after elimination of technical defectdefect of
the cash register machine, the elimination of which is impossible without violation of
integrity of the seal of the state revenues body, shall –
entail a notification.
18. The act provided by a part seventeen of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 285. Non-fulfillment of the obligations by banks and
organizations carrying out separate types of banking
operations, established by the tax legislation of
the Republic of Kazakhstan 1. Non-fulfillment of the obligations by banks and organizations carrying out
separate types of banking operations, established by the tax legislation of the Republic
of Kazakhstan committed in the form of:
1) non-notification of the state revenues bodies on opening of banking accounts to
a tax payer – legal entity, including non-resident, its structural subdivisions,
individual being registered as an individual entrepreneur, private notary officer,
private officer of justice, advocate, foreign person and stateless person by
transferring through informational communication network ensuring guaranteed delivery of
messages, no later than one business day following the date of their opening, or upon
forwarding a message in hard copy – within three business days;
2) conduct of an operation on banking accounts of clients without identification
number in payment documents (with the exception of a bill and payment documents, on the
basis of which a bank carries out the acceptance and disbursal of cash money);
3) non-execution of payment commission of a tax payer in a priority manner on
payment of taxes and other compulsory payments into the budget, collection orders of the
state revenues bodies on recovery of taxes, other compulsory payments, later fee and
fines – no later than one transaction day, following the day of receipt of an
instruction of the tax payer or the state revenues body;
4) non-suspension of debit operations by order of the state revenues bodies within
the sum of debts for tax stated in such order, on banking accounts (with the exception
of correspondent) of an individual being registered as an individual entrepreneur,
private notary officer, private officer of justice, advocate, legal entity, structural
subdivision of a legal entity, structural subdivision of a legal entity-non-resident
carrying out the activity in the Republic of Kazakhstan through the permanent
institution in the manner established by the Laws of the Republic of Kazakhstan;
5) non-representation of a report on monetary movement to the state revenues body
within the term established by the tax legislation of the Republic of Kazakhstan, placed
on a conditional banking deposit within accounting quarter, in existence of such
monetary movement in the form established by the authorized body;
6) opening of a new banking account for own client in existence of the opened
banking account in this bank of the latter, in respect of which the collection orders or
regulations on suspension of debit operations on banking accounts of a tax payer are
issued;
7) opening of a banking account for the idle tax payer, shall –
entail a fine in amount of five percent of a sum of committed debit operations on
banking accounts of tax payers for the period of non-fulfilling the obligations by the
bank established by the tax legislation of the Republic of Kazakhstan.
2. Non-transfer or untimely transfer of the tax amounts into the budget by banks
and organizations carrying separate types of banking operations placed under the
contracts on conditional bank deposit, shall –
entail a fine in amount of fifty percent of a sum of non-transferred or untimely
transferred tax and other compulsory payment into the budget placed on a conditional
bank deposit.
3. Non-fulfillment of obligations by banks and organizations carrying out separate
types of banking operations, established by the tax legislation committed in the form
of:
1) non-notifying the state revenues bodies on closing banking accounts of a tax
payer – legal entity, including non-resident, its structural subdivisions, individual
registered as an individual entrepreneur, private notary office, private officer of
justice, advocate, foreign person and stateless person by transferring messages through
informational communication network that ensures guaranteed delivery, but no later than
one business day next to the date of their opening, or upon sending notification in a
hard copy – within three business days;
2) acceptance of payment documents in payment for taxes and other compulsory
payments into the budget, social expenditures, transfer of compulsory pension
contributions and compulsory professional pension contributions with incorrectly
specified identification number;
3) acceptance of payment documents in payment for taxes on a transport vehicle
with incorrectly specified identification number of the transport vehicle;
4) non-notifying the authorized body on suspension of accrual of remuneration to
an individual registered as an individual entrepreneur, or legal entity upon termination
of recognizing incomes in the form of remuneration on provided credit (loan) – no later
than 31 March of the year next to the accounting taxable period;
5) non-transfers (non-crediting), untimely transfer (crediting) of tax amounts and
other compulsory payments into the budget, compulsory pension contributions and
compulsory professional pension contributions, social expenditures or making mistakes
upon fillings the requisites of a payment document due to the fault of a bank or
organization carrying out the separate types of banking operations, upon transfer of the
tax amount and other compulsory payments into the budget, late fees, fines to the bank
or other organization carrying out cash execution of budget system;
6) non-admission of a civil servant of the state revenues bodies for inspection of
availability of money and committed operations on banking accounts of the inspected
individual registered as an individual entrepreneur, private notary officer, private
officer of justice, advocate or legal entity;
7) non-notifying the state revenues body on occurrence of the income of a tax
payer- loan debtor from writing off of obligations within thirty calendar days from the
date of writing off of the obligations on provided credits (loans) from the loan debtor
being an individual registered as an individual entrepreneur, or legal entity;
8) non-representation of details on existence and numbers of banking accounts, on
balance and monetary movement on these accounts within ten business days from the date
of acceptance of a request of the state revenues body, shall –
entail a fine in amount of thirty monthly calculation indices.
Footnote. Article 285 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 286. Representation of knowingly false details
on banking operations
Representation of knowingly false details by banks and organizations carrying out
separate types of banking operations on the operations on banking accounts of legal
entities or individuals, and equally issuance of the warrantees, guarantees and other
obligations, knowingly not ensured by a factual financial condition of this bank, if
these actions did not entail infliction of a heavy damage to an individual or legal
entity or the state, shall –
entail a fine in amount of fifty monthly calculation indices.
Note. Heavy damage inflicted to an individual shall be regarded as the sum
exceeding two thousand, to legal entity – twenty thousand monthly calculation indices,
as of the date of commission of the infraction.
Article 287. Non-fulfillment of obligations established by the
tax legislation of the Republic of Kazakhstan by tax payers
upon export and import of goods, performance of works,
rendering of services in the Customs Union, as well as failure
to perform the requirements by the persons established by the
legislation of the Republic of Kazakhstan
1. Non-payment, incomplete payment or untimely payment of indirect taxes within
the term established by the tax legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of twenty percent of a sum of unfulfilled
tax obligation, but no less than ten monthly calculation indices, on private notary
officers, advocates, on subjects of small entrepreneurship or non-profit organizations –
in amount of thirty percent of a sum of unfulfilled tax obligation, but no less than
twenty monthly calculation indices, on subjects of medium entrepreneurship – in amount
of forty percent of a sum of unfulfilled tax obligation, but no less than thirty monthly
calculation indices, on subjects of large entrepreneurship – in amount of fifty percent
of a sum of unfulfilled tax obligation, but no less than two hundred fifty monthly
calculation indices.
2. Non-representation of the obligations by a tax payer on import (export) of
products after processing to the state revenues body and their non-fulfillment, provided
by the tax legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
3. Non-notifying or untimely notification of the state revenues bodies in the
following cases:
1) upon temporary entry of goods in a territory of the Republic of Kazakhstan from
the member-states of the Customs Union that in the following will be exported from the
territory of the Republic of Kazakhstan without change of properties and characteristics
of entered goods;
2) upon temporary export of goods from a territory of the Republic of Kazakhstan
to the territory of the member states of the Customs Union that in the following will be
entered into the territory of the Republic of Kazakhstan without change of properties
and characteristics of entered goods, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations –in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices.
4. Violation of the terms established by the tax legislation of the Republic of
Kazakhstan for processing of unmanufactured raw products exported from a territory of
the Republic of Kazakhstan into the territory of the member state of the Customs Union,
as well as entered into the territory of the Republic of Kazakhstan from the territory
of the member state of customs union, shall –
entail a fine on subjects of small entrepreneurship – in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of a sum of assessed taxes.
5. Non-notifying or untimely notification by an organizer of the exhibition-fair
trade, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
6. Violation of the procedure for organizing exhibition fair trade by an
organizer, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
7. Non-representation of notification to the state revenues bodies according to
location (place of residence) on a date of receiving sub-excise goods entered from a
territory of the member state of the Customs Union by persons being liable to represent
such notification in accordance with the legislation of the Republic of Kazakhstan,
shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of five
hundred monthly calculation indices.
Note. For the purpose of a part one of this Article in case if the person is
subjected to bringing to administrative liability for non-registration of goods imported
into the territory of the Republic of Kazakhstan from the territory of the member states
of the Customs Union provided by Article 275 of this Code, such person shall not be
subject to bringing to administrative liability provided by a part one of this Article.
Article 288. Failure to perform the legal requirements of
the state revenues bodies and their civil servants
Footnote. Title of Article 288 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Failure to perform the legal requirements of the state revenues bodies and
their civil servants by a tax payer, shall –
entail a fine in amount of eight monthly calculation indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Illegal impeding to access of a civil servant of the state revenues bodies
conducting tax inspection to the territory or to the premise used by a tax payer (except
for resident premises) for entrepreneurial activity, shall –
entail a fine in amount of forty five monthly calculation indices.
4. Actions (omission) provided by a part three of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine in amount of sixty monthly calculation indices.
Footnote. Article 288 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 17. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
ENERGY SAVING AND INCREASE OF ENERGY EFFICIENCY
Article 289. Non-observance of regulatory values of
a capacity rate in electric networks and increase
of energy consumption standards
1. Non-observance of regulatory values of a capacity rate in electric networks
shall –
entail a notification for subjects of small entrepreneurship, fine on subjects of
medium entrepreneurship in amount of ten, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
2. Excess of energy consumption standards shall –
entail a notification on subjects of small entrepreneurship, fine on subjects of
medium entrepreneurship in amount of five, on subjects of large entrepreneurship – in
amount of fifteen percent of a cost of energy resources used over the approved standards
for the period in which the infraction is occurred, but no more than for one year.
3. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of four hundred monthly calculation indices.
4. The act provided by a part two of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of five, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of thirty percent of a cost of energy resources used over the approved
standards for the period in which the infraction is occurred, but no more than for one
year.
Note. Cost of the energy resource shall be determined on the basis of market price
as of the date of detection of the infraction.
Article 290. Non-fulfillment of the obligation on non-admission
of direct loss of energy, water upon carrying out of
their production and transfer 1. Non-fulfillment of the obligation on non-admission of direct loss of energy,
water upon carrying out of their production and transfer linked with defect of
equipment, reinforcement, operation of pipelines without their heat insulation or non-
observance of work regime of energy consumption equipment, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 291. Acceptance of new objects for operation, consuming
energy resources that are not equipped by the relevant metering
devices of energy resources and automated systems of
heat consumption regulation
1. Acceptance of new objects consuming energy resources that are not equipped by
the relevant metering devices of energy resources and automated systems of heat
consumption regulation, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
Note.
1. The civil servants shall be regarded as the persons that signed the act on
commissioning the object.
2. The civil servants shall not be subjected to bringing to administrative
liability for committed infraction provided by parts one and two of this Article, in
cases of commissioning of new objects that are not equipped by automated systems of heat
consumption regulation and hourly average consumption of heat energy (including
consumption of heating energy, warming, ventilation, conditioning and hot water supply)
of which is less than 50 kW.
Article 292. Violation of the obligation by subjects of the
State energy register on providing information being introduced
into the State energy register, the requirement on compulsory
annual reduction of the consumption volume of energy resources
and water per unit of production, floor place of the buildings,
structures and constructions to the sizes determined
according to energy audit Footnote. Title of Article 292 is in the wording of the Law of the Republic of
Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of the obligation by subjects of the State energy register on
providing information introduced into the State energy register, the requirement on
compulsory annual reduction of the consumption size of energy resources and water per
unit of production, floor space of the buildings, structures and constructions to the
sizes determined according to energy audit, within five years after conduct of the
energy audit, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Footnote. Article 292 as amended by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 293. Avoidance from conduct of compulsory energy
audit by subjects of the State energy register or
impeding of its conduct
1. Avoidance from conduct of compulsory energy audit by subjects of the State
energy register or impeding of its conduct, shall –
entail a fine on subjects of small entrepreneurship in amount of five, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of two hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of four hundred monthly calculation indices.
Article 294. Violation of restrictions on sale and use of
products in the field of energy saving and increase
of energy efficiency
Footnote. Title of Article 294 is in the wording of the Law of the Republic of
Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Sale and use of incandescent electric lamps with a capacity of 25 W and more
that may be used in alternating current circuit for the purpose of lighting, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with confiscation of incandescent electric lamps with a
capacity of 25 W and more that may be used for the purpose of an alternate current for
the purpose of lighting.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices, with confiscation of incandescent electric lamps with a
capacity of 25 W and more that may be used in alternating current circuit for the
purpose of lighting.
3. Sale and (or) use of energy consuming devices that do not contain information
on a class and characteristics of energy efficiency in a technical documents and on
labels in accordance with the technical regulation of the Customs Union, shall –
entail a fine on subjects of small entrepreneurship in amount of three, on
subjects of medium entrepreneurship – in amount of six, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
4. Actions provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of six, on subjects
of medium entrepreneurship – in amount of twelve, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
Footnote. Article 294 as amended by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 295. Non-fulfillment of the obligation on creation,
introduction and organization of the work of energy management
system by subjects of the State energy register
Footnote. Article 295 is excluded by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 296. Non-compliance with conduct of energy audit,
procedure for activity of training centres established by
the legislation of the Republic of Kazakhstan on energy
saving and increase of energy sufficiency
Footnote. Title of Article 296 is in the wording of the Law of the Republic of
Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Non-compliance with the procedure for conduct of energy audit, procedure for
activity of training centres established by the legislation of the Republic of
Kazakhstan on energy saving and increase of energy efficiency, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship
– in amount of eighty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with suspension
of the validity term of accreditation certificate.
Footnote. Article 296 as amended by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Chapter 18. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
INDUSTRY, USE OF HEATING, ELECTRIC AND NUCLEAR ENERGY
Article 297. Violations of safety requirements upon handling
with explosive materials, radioactive and other
environmentally hazardous substances
1. Violations of safety requirements during production, storage, disposal,
destruction, use, utilization, transportation or another handling with explosive
materials, pyrotechnical substances, radioactive, bacteriological, chemical and other
environmentally hazardous substances and wastes in the branches of production and on the
objects being under the control of a supervisory bodies, with the exception of cases
provided by Article 416 of this Code, if these actions do not contain the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. Violation of established rules of production, storage, disposal, use,
utilization, transportation or another handling with nuclear materials, radioactive
substances, special non-nuclear materials and products of double-purpose having a
relation to nuclear activity, with the exception of the cases provided by Article 416 of
this Code, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
Article 298. Violation of rules on safety performance of works 1. Violation of established requirements on safety performance of works in the
branches of industry, mining and construction operations or on the objects being under
the control of the authorized body in the scope of civil defense and other state bodies
of control and supervision, unless this entails infliction of serious or average harm to
human health by negligence, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. Violation of requirements of industrial safety during development of the
projects of construction, reconstruction, modernization, liquidation of hazardous
production objects, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
3. Concealing of a fact of accident, incident on a hazardous production object,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of one
hundred, on subjects of large entrepreneurship – in amount of two hundred monthly
calculation indices.
4. Action (omission) provided by a part three of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of four hundred monthly
calculation indices.
Article 299. Breach of the legislation of the Republic of
Kazakhstan upon conduct of attested types of works in the
fields of industrial safety and safety of dams 1. Breach of the legislation of the Republic of Kazakhstan during conduct of
attested types of works in the fields of industrial safety and safety of dams committed
in the form of:
1) issuance of expert reports, including those in the field of explosive works
containing incomplete and (or) inaccurate information on conformance (non-conformance)
of the subject of examination based on the results of the conducted examinations in the
field of industrial safety;
2) formulation of industrial safety declarations of hazardous production objects
that do not conform to the requirements of industrial safety;
3) non-conformance of training, retraining of the specialists, workers of
hazardous production objects to the requirements of the legislation of the Republic of
Kazakhstan on civil defence;
4) conduct of technical maintenance of gas consuming systems that does not ensure
their operative condition;
5) issuance of expert reports, formulation of industrial safety declarations
containing incomplete and (or) inaccurate information on their conformance (non-
conformance) to requirements established by the water legislation of the Republic of
Kazakhstan, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of one hundred monthly calculation indices, with suspension of the validity
term of attestation or without such.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, and equally non-
elimination of the violations provided by a part one of this Article, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with
deprivation of the attestation.
Article 300. Violation of approved rules of technical operation
of electric power stations and networks, safety regulations
during operation of thermal and mechanical equipment of
electric power stations and heating networks, technical
operation of electrical installations of the consumers, as well
as violation of established energy consumption regimes
Violation of the approved rules of technical operation of electric power stations
and networks, safety regulations during operation of thermal and mechanical equipment of
electric power stations and heating networks, technical operation of electrical
installations of the consumers that led to the condition threatening with an accident,
environmental pollution, fire or dangerous for a life of a service personnel, as well as
violation of established energy consumption regimes that entailed restrictions and (or)
cutoff of other energy consumers, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
Article 301. Violation of a term for receipt of the
readiness certificate
1. Violation of a term for receipt of readiness certificate for conduct of works
in autumn and winter conditions by energy producing and energy transmission
organizations, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
Article 302. Damage of electric networks 1. Damage of electric networks with a voltage up to 1000 (overhead transmission
lines, underground and underwater cable lines, transformation and converting
substations, distributing gears and switching centres), shall –
entail a fine on individuals in amount of eight, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. Damage of electric networks with a voltage over 1000 (overhead transmission
lines, underground and underwater cable lines, transformation and converting
substations, distributing gears and switching centres), shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of seventy monthly calculation indices.
3. The action provided by a part one of this Article that caused suspension in
supplying electric energy of consumers and that inflicted damage, and equally committed
repeatedly second time within a year, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of seventy five, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
4. The action provided by a part two of this Article that caused suspension in
supplying electric energy of consumers and that inflicted damage, and equally committed
repeatedly second time within a year, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of ninety, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices.
Article 303. Breach of the legislation of the Republic of
Kazakhstan in the field of supporting use of renewable
energy sources
1. Non-fulfillment and (or) improper fulfillment of the obligation established by
the legislative ac of the Republic of Kazakhstan on supporting use of renewable energy
sources to purchase electric, heating energy produced by energy producing organizations
using renewable energy sources, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
2. Breach of the legislation of the Republic of Kazakhstan in the field of
supporting use of renewable energy sources committed in the form of violation of the
procedure and terms for determination of the nearest point of connection to electric or
heating networks and connection of the objects on use of renewable energy sources, shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
3. Acts provided by parts one and two of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Article 304. Damage of heating networks
Damage of heating networks (pipelines and their constructions, channels, heating
cameras, pumping stations), if this act did not entail harm to human health and
environment, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 305. Performance of works in protective zones
of electric and heating network lines, objects of
gas supply systems
Performance of construction, assembling, ground, cargo-handling operations,
prospecting works linked with arrangement of well sites and surface holes, construction
of sites, automobile transport parkings, allocation of markets, storage of materials,
construction of barriers and fences, discharge and drain of caustic corrosive substances
and fuel and lubrication materials in protective zones of electric and heating network
lines, objects of gas supply systems without coordination with the organization, the
jurisdiction of which includes electric or heating networks or objects of the gas supply
systems, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 306. Violation of requirements on use of gas, safety
operation of the objects of gas supply systems 1. Violation of requirements on safety operation of has consuming systems and gas
equipment of domestic and household consumers established by the legislation of the
Republic of Kazakhstan on gas and gas supply, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of twenty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
3. Unwarranted resumption of supplying commercial or liquefied petroleum gas to
the gas consuming system, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
4. Violation of requirements on safety operation of the objects of gas supply
systems, with the exception of has consuming systems and gas equipment of domestic and
household consumers established by the legislation of the Republic of Kazakhstan, shall
–
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
5. Action provided by a part four of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 307. Failure to take measures for ensuring of the
preparation of a reserve fuel facility
Failure to take measures for ensuring of the preparation to work provided for
industrial and (or) household consumers of a reserve fuel facility or failure to prepare
gas consuming systems of industrial and (or) household consumers to work on established
reserve fuel types, shall –
entail a notification or fine in amount of twenty monthly calculation indices.
Article 308. Damage of oil and gas pipelines and
their equipment
1. Damage of oil and gas pipelines and their equipment or illegal installation,
movement, connection to the network of appliances, as well as other violations of the
rules of their operation that might be a cause of the accident, if these actions do not
contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of forty five, on subjects of large entrepreneurship – in amount of fifty five
monthly calculation indices.
Article 309. Damage of territories upon performance of
construction and repair works Excavation of yards and squares without the relevant permission, blocking by
construction materials, failure to take measures for cleaning the places of excavations,
as well as construction sites after completing the construction and repair, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship –
in amount of twenty five, on subjects of large entrepreneurship – in amount of one
hundred monthly calculation indices.
Chapter 19. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF SPACE ACTIVITY
Article 310. Breach of the legislation of the Republic
of Kazakhstan in the field of space activity
1. Breach of the legislation of the Republic of Kazakhstan in the field of space
activity, committed in the form of:
1) realization of a project in the field of space activity, for which there is no
favourable conclusion of industry examination in the field of the space activity;
2) launch of a space object from the territory of the Republic of Kazakhstan, as
well as beyond its boundaries in case of its carrying out by a participant of the space
activity from Kazakhstan without the favourable decision of the Government of the
Republic of Kazakhstan on launch of the space object;
3) avoidance from the state registration of the space object;
4) creation of a direct threatening to human life and health;
5) use of the space technology and (or) stellar bodies for negative impact on the
environment;
6) violation of international rules and standards on the space pollution, shall –
entail a fine on individuals in amount of fifty, on civil servants – in amount of
one hundred, on subjects of small entrepreneurship – in amount of one hundred seventy
five, on subjects of medium entrepreneurship – in amount of three hundred five, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with suspension of the license validity term for the right to carry out the
activity in the scope of using space for six months or without such.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail deprivation of the license.
Article 311. Violation of the rules for creation and operation
(application) of space systems in a territory of the Republic
of Kazakhstan, and equally in the space
1. Violation of the rules for creation and operation (application) of space
systems in a territory of the Republic of Kazakhstan, as well as in the space, expressed
in operation of the space system, the results of which led to excess of the maximum
allowed values of exposure of hazardous and harmful factors of industrial activity on
operating personnel, population, space system, relating objects, environment and near-
Earth space, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with suspension of the license validity term for the right
to carry out the activity in the scope of using space for six months or without such.
2. Non-elimination of the violations that entailed bringing to administrative
infraction provided by a part one of this Article, upon expiry of the term for
suspension of the license validity term for the right to carry out the activity in the
scope of using space, shall –
entail deprivation of the license.
Chapter 20. ADMINISTRATIVE INFRACTIONS IN THE SCOPES
OF ARCHITECTURAL, TOWN PLANNING, BUILDING ACTIVITY
AND HOUSING RELATIONS
Footnote. Title of Chapter 20 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
Article 312. Performance of pre-project, survey, project,
construction and assembling works, production and application
of construction materials, details and structures with
violation of requirements of the legislation and state
regulations in the scope of architectural and
construction activity
1. Performance of pre-project, survey, project, construction and assembling works,
production and application of construction materials, details and structures with
violation of requirements of the legislation and state regulations in the scope of
architectural and construction activity, shall –
entail a fine on civil servants in amount of sixty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of seven
hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on civil servants in amount of one hundred twenty, on subjects of
small entrepreneurship – in amount of four hundred, on subjects of medium
entrepreneurship – in amount of eight hundred, on subjects of large entrepreneurship –
in amount of one thousand four hundred monthly calculation indices with deprivation of
the license for the relevant type of activity.
Article 313. Violation of requirements of the approved
construction standards and project documents upon performance
of construction and assembling and repair and restoration works 1. Violation of requirements of the approved construction standards and project
documents upon performance of construction and assembling and repair and restoration
works that entailed degradation of operating characteristics, reduction of strength,
sustainability of buildings, structures, their parts or separate construction elements,
shall –
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of seven
hundred monthly calculation indices, with suspension of the licence validity term.
2. Commission of actions mentioned in a part one of this Article that entailed
loss of strength, sustainability of buildings, structures, their parts or separate
construction elements, shall –
entail a fine on civil servants in amount of eighty, on subjects of small
entrepreneurship – in amount of four hundred, on subjects of medium entrepreneurship –
in amount of eight hundred, on subjects of large entrepreneurship – in amount of one
thousand four hundred monthly calculation indices, with deprivation of the licence for
the relevant type of activity.
Performance of construction, construction and assembling, repair and restoration
works upon erection and reconstruction of the objects without the project documentation
approved in established manner
1. Performance of construction, construction and assembling, repair and
restoration works upon erection and reconstruction of the objects without the project
documentation approved in established manner, shall –
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of seven
hundred monthly calculation indices with suspension of performed works.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on civil servants in amount of eighty, on subjects of small
entrepreneurship – in amount of four hundred, on subjects of medium entrepreneurship –
in amount of eight hundred, on subjects of large entrepreneurship – in amount of one
thousand two hundred monthly calculation indices, with deprivation of the license and
suspension of performed works.
Article 315. Violation of the rules of preparing executive
technical documentation provided by regulatory documents upon
performance of construction and assembling, repair and
restoration works on erection and reconstruction of objects,
production of construction materials, products and structures
Violation of the rules of preparing executive technical documentation provided by
regulatory documents upon performance of construction and assembling, repair and
restoration works on erection and reconstruction of objects, production of construction
materials, products and structures, shall –
entail a notification or fine on civil servants in amount of ten, on subjects of
small entrepreneurship – in amount of twenty five, on subjects of medium
entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
Article 316. Construction (reconstruction, restoration,
extension, technical re-equipping, modernization, capital
repair) of objects and their complexes without project (design
and estimate) documentation or according to project (design and
estimate) documentation that did not undergo examination
in established manner
1. Construction (reconstruction, restoration, extension, technical re-equipping,
modernization, capital repair) of objects and their complexes without project (design
and estimate) documentation or according to project (design and estimate) documentation
that did not undergo examination in established manner, on which its undergoing is
required, shall –
entail a fine on individuals in amount of one hundred twenty, on civil servants –
in amount of one hundred sixty, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred eighty, on subjects of large entrepreneurship – in amount of
five hundred eighty monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, and equally non-elimination
of a violation provided by a part one of this Article that entailed bringing to
administrative liability, shall –
entail a fine on individuals in amount of one hundred sixty, on civil servants –
in amount of two hundred, on subjects of small entrepreneurship or non-profit
organizations – in amount of three hundred, on subjects of medium entrepreneurship – in
amount of six hundred, on subjects of large entrepreneurship – in amount of one thousand
monthly calculation indices.
Article 317. Breach of the legislation of the Republic
of Kazakhstan upon performance of expert works
and engineering services 1. Admission of non-conformance of performed (performing) construction and
assembling works to approved project decisions by persons carrying out designer
supervision, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with suspension of the validity term of expert certificate for the right to conduct
designer supervision for the term up to six months.
2. Issuance of a favourable conclusion of the examination (expert estimation) for
the project (design and estimate) documentation by the persons carrying out the projects
examination, that does not conform to requirements of the legislation of the Republic of
Kazakhstan and that does not ensure sustainability, reliability and strength of the
built objects or the objects under construction, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with suspension of the validity term of expert certificate for the right to carry out
examination of the projects for the term up to six months.
3. Admission of violations by the persons carrying out technical supervision at
the stage of realization of the project including the quality, terms, acceptance of
performed works and putting of the object into operation, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with suspension of the validity term of expert certificate for the right to carry out
technical supervision for the term up to six months.
4. Actions (omission) provided by parts one, two and three of this Article
committed repeatedly second time within a year after imposition of administrative
sanction, shall –
entail a fine on individuals in amount of four hundred monthly calculation indices
with deprivation of the expert certificate for the relevant type of servicing and
specialization and with prohibition of the activity for the right to carry out expert
works and engineering services for the term up to three years.
Footnote. Article 317 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 318. Violation of established order of acceptance and
putting of objects and complexes into operation
Violation of established order of acceptance and putting of objects and complexes
into operation with violations of requirements of the state standards in the scope of
architectural and construction activity, shall –
entail a fine on individuals, civil servants in amount of fifty, on subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of two hundred twenty, on subjects of
large entrepreneurship – in amount of six hundred fifty monthly calculation indices.
Footnote. Article 318 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 319. Illegal construction Illegal construction of industrial, residential, economic, hydrotechnical
(hydroeconomic) or domestic objects without the relevant right to land, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices with compulsory demolition of the
built structure or structure under construction on a legal basis or without such.
Article 320. Violation of requirements of the legislative act
of the Republic of Kazakhstan on participatory interest in
housing construction and in the scope of housing relations
Footnote. Title of Article 320 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of requirements of the legislative act of the Republic of Kazakhstan
on participatory interest in housing construction by a tenant builder, project company
to the information content on the tenant builder, project company and on construction
object, as well as procedure for its distribution or distribution of inaccurate,
incomplete or misleading information by the tenant builder, project company, shall –
entail a fine on legal entities in amount of three monthly calculation indices.
2. Non-representation of details and reporting provided by the Laws of the
Republic of Kazakhstan by a tenant builder, project company to the local executive body
of oblast, city of republican significance, the capital or representation of inaccurate
details and reporting by them, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
3. Actions (omission) provided by parts one and two of this Article committed
repeatedly second time by a tenant builder repeatedly second time within a year after
imposition of administrative sanction, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
4. Actions (omission) provided by parts one and two of this Article committed
repeatedly second time by a project company repeatedly second time within a year after
imposition of administrative sanction, and equally non-elimination of the violations
provided by parts one and two of this Article that entailed bringing to administrative
liability shall –
entail suspension of the licence validity term for activity on organizing
construction of residential buildings on account of attracting money of the interest
holders for the term up to three months.
5. Violation of the terms for opening of current and (or) saving accounts on the
condominium object by the managing body of condominium object in the second-tier banks
in the cases provided by the housing legislation, shall –
entail a notification.
6. Violation of the terms for representing a quarterly report on management of the
condominium object by the managing body of condominium object, shall –
entail a notification.
7. Action (omission) provided by parts five and six of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of ten, on legal entities – in amount of
twenty monthly calculation indices.
Footnote. Article 320 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 321. Execution of construction without accompanying
of technical and designer supervision
Execution of construction without accompanying of technical and designer
supervision, shall –
entail a fine on individuals in amount of forty, on civil servants in amount of
one hundred sixty, on subjects of small entrepreneurship or non-profit organizations –
in amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of five hundred fifty monthly
calculation indices.
Article 322. Illegal re-equipment and replanning of premises
1. Illegal re-equipment and replanning of the residential and non-residential
premises in existing buildings without the architectural and construction project and
the relevant decision of structural subdivisions of local executive bodies carrying out
the functions in the scope of architecture and town-planning, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of forty five, on
subjects of medium entrepreneurship – in amount of seventy five, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
2. The same actions that entailed or might entail full loss of strength and
sustainability (destruction) of the building, shall –
entail a fine on individuals in amount of forty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of ninety, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Note.
1. The administrative infraction in the field of construction shall be regarded as
non-compliance with compulsory requirements, construction standards and rules, with the
exception of technical regulations, projects, other regulatory acts upon town-planning
development of territories, designing, construction, reconstruction, restoration,
modernization, capital repair and capital improvement of the objects and complexes
entailing reduction and loss of strength, sustainability, reliability of buildings,
structures, constructions, their parts or separate structural elements, degradation of
operating characteristics of the objects under construction, negative impact on
environment, as well as the actions violating the established legal organizational order
of construction of the objects and their acceptance for operation.
2. The strength shall be regarded as capability of a material, structure, product,
their interface nodes, foundation soil of a building and construction to resist the
calculated values of loads and forces without being destroyed.
3. Sustainability shall be regarded as capability of a building, construction to
preserve a status of stable balance under the influence of calculated forces and loads.
4. The reliability shall be regarded as capability of a building, construction,
its engineering systems, load carrying and cladding structures to perform the functions
determined by the values of regulated properties.
5. The project works shall be regarded as the works on pre-project (justification
of investments in construction, feasibility study) and project (project, working project
and other types of projects) documentation for construction, extension, reconstruction,
technical re-equipping, capital repair and other types of works of buildings and
structures.
Article 323. Operation of objects and complexes that are not
put into operation in established manner Operation (residence, rendering of services, production of products for the
purpose of acquisition of incomes) of the objects, complexes or their separate parts
being completed in construction but that are not put into operation in established
manner, shall –
entail a fine n individuals in amount of ten, on civil servants, subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Chapter 21. ADMINISTRATIVE INFRACTION IN THE FIELD OF
ENVIRONMENTAL PROTECTION, USE OF NATURAL RESOURCES
Article 324. Violation of sanitary epidemiological and
environmental requirements on environmental protection
1. Violation of the standards of sanitary and epidemiological, and environmental
requirements, as well as hygienic standards on protection of environment, with the
exception of the cases provided by Article 416 of this Code, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship – in amount of fifteen, on subjects of medium
entrepreneurship – in amount of twenty monthly calculation indices, on subjects of large
entrepreneurship – in amount of a size of the damage inflicted to environment.
2. Giving of instructions or permissions by civil servants for overstating or
understating established standards of sanitary epidemiological and environmental
requirements on environmental protection, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 325. Violation of requirements of conducting
industrial environmental control
Violation of requirements of industrial environmental control, shall –
entail a fine on individuals in amount of twenty five, on civil servants, subjects
of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship –
in amount of one hundred, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices.
Article 326. Non-fulfillment of conditions of environmental
management stated in environmental permit
1. Non-fulfillment of conditions of environmental management stated in
environmental permit, shall –
entail a fine on civil servants in amount of fifteen, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of thirty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices.
3. Actions provided by a part one of this Article linked with infliction of
especially heavy damage to environment, with creation of a threatening to the safety of
life and health of population, shall –
entail a fine on civil servants in amount of thirty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices, with suspension of the validity term of the environmental
permit or without such.
4. Non-elimination of the violations by individuals and legal entities on which
the validity term of the environmental permit is suspended, shall –
entail deprivation of the environmental permit.
Note. In case if the environmental permit is issued to a user of natural resources
for several industrial objects, the validity term of environmental permit shall be
deprived in respect of the object on which the user of natural resources admitted non-
fulfillment of conditions of natural management.
Article 327. Non-notification on industrial release and
emission of polluting substances above permitted
standards, disposal of wastes Non-notification or notification of distorted information to the bodies carrying
out control and supervision of environmental protection and execution of the
environmental and sanitary epidemiological legislation on industrial release and
emission of polluting substances above permitted standards, disposal of wastes and other
hazardous emergency impacts on environment, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 328. Excess of the standards for environmental
emission established in environmental permit,
or absence of environmental permit Excess of the standards for environmental emission established in a project
documentation and (or) in environmental permit, or absence of environmental permit, if
these actions do not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty monthly calculation indices, on subjects of large entrepreneurship – in
amount of one thousand percent of the rates of charge for environmental emission for
exceeded volume of emissions.
Article 329. Excess of established volume of the quota
for greenhouse gas emissions Excess of established volume of the quota for greenhouse gas emissions, shall –
entail a fine on legal entities in amount of five monthly calculation indices for
each unit of the quota in excess of the established volume not compensated by units of
the quotas acquired from other users of natural resources, and (or) by carbonic units
received in a result of realization of the projects in accordance with the legislation
of the Republic of Kazakhstan.
Article 330. Representation of inaccurate information on
inventory of greenhouse gases, verification and validation
(determination) by independent accredited organizations Representation of inaccurate information on inventory of greenhouse gases,
verification and validation (determination) by independent accredited organizations,
shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of five hundred monthly calculation indices, with
suspension of the validity term of the accreditation certificate.
Article 331. Violation of the operating rules, as well as
non-use of equipment for clearance of atmospheric emissions
and discharge of sewage waters
Violation of the operating rules, as well as non-use of equipment for clearance of
atmospheric emissions and discharge of sewage waters, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of two hundred fifty monthly calculation indices.
Article 332. Failure to perform the requirements of the
legislation on compulsory conduct of the state
environmental examination
Failure to perform the requirements of the legislation on compulsory conduct of
the state environmental examination or the requirements contained in a conclusion of the
state environmental examination, and equally financing of projects and programs that did
not undergo environmental examination, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices.
Article 333. Release for operation of transport and other
movable vehicles with excess of the normative levels of the
content of polluting substances in emissions
1. Release for operation of automobiles, planes, vessels and other movable
vehicles and units the content of polluting substances in emissions of which, as well as
noise pollution level made by them during working are in excess of established
standards, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of
forty, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of forty, on subjects of medium entrepreneurship – in amount of
eighty, on subjects of large entrepreneurship – in amount of five hundred monthly
calculation indices, with suspension or prohibition of the activity of without such.
Article 334. Operation of engine and other movable vehicles
with excess of the normative levels of the content
of polluting substances in emissions
1. Operation of engine and other movable vehicles and units by individuals the
content of polluting substances in emissions of which, as well as noise pollution level
made by them during working are in excess of established standards, shall –
entail a notification or fine on individuals in amount of two monthly calculation
indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of five monthly calculation indices.
Article 335. Breach of the legislation on protection
of atmospheric air
1. Acceptance of new and reconstructed enterprises, structures and other objects
for operation that do not conform to the requirements on protection of atmospheric air,
shall –
entail a fine in amount of thirty monthly calculation indices.
2. Operation of new and reconstructed enterprises, structures and other objects
that do not conform to requirements on protection of atmospheric air, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of sixty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 336. Non-compliance with requirements on protection of
atmospheric air and fire security upon warehousing and burning
of industrial and household wastes Violation of the rules for warehousing of industrial and household wastes, non-
compliance with requirements on protection of atmospheric air and fire security upon
burning of the mentioned wastes, shall –
entail a notification or fine on individuals in amount of three, on civil servants
– in amount of twenty, on subjects of small entrepreneurship or non-profit organizations
– in amount of forty, on subjects of medium entrepreneurship – in amount of seventy, on
subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation
indices.
Article 337. Land degradation
1. Destruction or illegal depleting of rich soil layers for the purpose of selling
or its transferring to other persons, with the exception of cases when such depleting is
required for prevention of irretrievable loss of the rich soil layer, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty monthly calculation indices, on subjects of
large entrepreneurship – in amount of a size of damage inflicted to environment.
2. Intoxication, pollution or another degradation of lands by hazardous products
of economic or another activity due to violation of the rules for handling with toxic
chemicals, manures, plant growth stimulants and other hazardous chemical, biological and
radioactive substances upon their storage, use or transportation, and equally
contamination by bacterial and parasitic, or similar hazardous organisms, but that did
not entail infliction of the harm to human health or environment, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 338. Irrational use or non-use of agricultural lands
Irrational use or non-use of agricultural lands, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of forty, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of two hundred monthly calculation indices.
Article 339. Non-fulfillment of obligations by owners of
land fields and land users on use of the land fields
1. Non-fulfillment of obligations by owners of land fields and land users on use
of the land fields expressed in:
1) use of the lands not in designated purposes;
2) non-carrying out of the measures on land protection provided by the legislative
act in the field of land relations, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Article 340. Non-fulfillment of obligations on bringing the
temporary occupied lands to condition being suitable for the
further use in designated purposes
Non-fulfillment of obligations on bringing the temporary occupied lands to
condition being suitable for the further use in designated purposes, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of one hundred ten monthly calculation indices.
Article 341. Concealment of information on existence of the
land fields for housing construction, the special land fund
Concealment of information on existence of the land fields for constructing
individual residential houses, the special land fund, its distortion, unreasonable
refusal in allocation of land fields, shall –
entail a fine on civil servants of local executive bodies in amount of ten monthly
calculation indices.
Article 342. Distortion of details of the state registration,
accounting and appraisal of lands
Intended distortion of the details of the state registration, accounting and
appraisal of lands, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Article 343. Breach of the legislation of the Republic of
Kazakhstan in the field of geodesy and cartography
1. Carrying out of geodesic and cartographic works in the absence of:
own or leased set of gaged tools, equipment and instruments enabling to perform
geodetic and (or) cartographic works, or contract for services with the organization
having the set of gaged tools, equipment, instruments with specification of the factory
numbers;
a specialist on the staff having higher or post-secondary education in the scope
of geodesy and (or) cartography, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred ten monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Article 344. Violation of requirements to handling with wastes
of production and consumption, discharge of sewage waters Violation of requirements to handling with wastes of production and consumption,
discharge of sewage waters, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty monthly calculation indices, on subjects
of large entrepreneurship – in amount of a size of damage inflicted to environment.
Article 345. Violations of rules on rational and
complex subsoil use
Violation of rules on rational and complex subsoil use upon conduct of operations
on subsoil use, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 346. Non-observance with indices of project documents
for conducting operations on subsoil use, with the
exception of raw hydrocarbons
Non-observance with indices of project documents for conducting operations on
subsoil use, with the exception of raw hydrocarbons, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 347. Violation of environmental standards and rules
upon using subsoil and processing of mineral raw materials
1. Violation of environmental standards and rules upon using subsoil and
processing of mineral raw materials, if this action did not entail infliction of
essential harm, shall –
entail a notification.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty monthly calculation indices, on subjects of large entrepreneurship – in
amount of a size of damage inflicted to environment.
Article 348. Performance of works on extraction of mineral
reserves without conduct of the state examination
Performance of works on extraction of mineral reserves without conduct of the
state examination, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 349. Distortion of primary and state reporting
on accounting of extraction and processing of mineral
raw materials
Distortion of primary and state reporting on accounting of extraction and
processing of mineral raw materials, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 350. Non-ensuring of trustworthy accounting of main and
imbedded mineral reserves being extracted and depleted together
with them in subsoil and associated components, as well as
products after processing of mineral raw materials and wastes
of production upon development of the deposits
Non-ensuring of trustworthy accounting of main and imbedded mineral reserves being
extracted and depleted together with them in subsoil and associated components, as well
as products after processing of mineral raw materials and wastes of production upon
development of the deposits, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 351. Violation of the rules of accounting, utilization
and deactivation of wastes of production and consumption
Violation of the rules of accounting, utilization and deactivation of wastes of
production and consumption, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
Article 352. Violation of requirements on bringing of mine
working and bore wells to the condition ensuring their
reservation and safety of population Loss of surveying documentation, violation of requirements on bringing of the
liquidated or conserved mine workings and bore wells to the condition ensuring safety of
population, as well as requirements on reservation of the mine workings and bore wells
for the period of conservation, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
Article 353. Violation of requirements on liquidation and
conservation of the objects of subsoil use Violation of requirements on liquidation and conservation of the objects of
subsoil use, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation
indices.
Article 354. Refusal or avoidance from representation of
information to the state control bodies of subsoil
protection on use of mineral raw materials
Refusal or avoidance from representation of timely, full and trustworthy
information to the state control bodies of subsoil protection on condition of using the
subsoil, extracted and processed mineral raw materials, shall –
entail a fine on subjects of small entrepreneurship in amountof six, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of forty monthly calculation indices.
Article 355. Giving of instructions or permissions by civil
servants entailing breach of the legislation of the
Republic of Kazakhstan on subsoil and subsoil use
Giving of instructions or permissions by civil servants entailing breach of the
legislation of the Republic of Kazakhstan on subsoil and subsoil use, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 356. Violation of the rules for conducting petroleum
operations and works on subsoil use
Footnote. Title of Article 356 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of the rules for conduct of operations on subsoil use, as well as
conditions of contracts of subsoil use, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred,
on subjects of large entrepreneurship – in amount of one hundred fifty monthly
calculation indices.
2. Failure to perform the environmental requirements and conditions of a contract
of subsoil use on the issues of environmental protection, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred,
on subjects of large entrepreneurship – in amount of one hundred fifty monthly
calculation indices.
3. Violation of conditions for conduct of petroleum operations provided by the
legislation of the Republic of Kazakhstan on subsoil and subsoil use, as well as
violation of requirements of the projects of prospecting, appraisal works and project
documents for performance of the works on extraction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of one thousand monthly calculation indices.
4. Conduct of prospecting, appraisal works and works on extraction without the
project of prospecting works, project of appraisal works and project document for
performance of works on extraction approved in the established manner, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
5. Burning of accompanying and (or) natural gas without permission or without
compliance with conditions of permission of the authorized body in the field of oil and
gas, with the exception of the cases of threatening or occurrence of accident
situations, threat to life of the staff or health of population and environment, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
6. performance of works by a subsoil user on extraction of raw hydrocarbons
without utilization and (or) processing of accompanying and (or) natural gas, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
7. Deviation from the project documentation approved in the established manner
upon construction of necessary field facilities and other infrastructure facilities
required for extraction, preparation, storage and transportation of the hydrocarbons
from the place of extraction and storage to the place of transshipment to the main
pipelines and (or) by other type of transport, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
8. Operation of wells with violation of requirements established by the
legislation, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of one thousand monthly calculation indices.
9. Conduct of petroleum operations at sea without permission, with the exception
of cases provided by the Law of the Republic of Kazakhstan “On subsoil and subsoil use”
or without compliance with the conditions of the authorized body in the field of oil and
gas, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
10. Violation of the procedure for conduct of marine scientific researches, shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of five hundred monthly calculation indices.
11. Absence of the approved plan of organizing prevention and liquidation of oil
spills of the subsoil user carrying out petroleum operations at sea, individual or legal
entity carrying out the activity at sea linked with the oil spill risk at the sea, shall
–
entail a fine on individuals in amount of one hundred fifty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of two
thousand monthly calculation indices.
12. Conduct of petroleum operations at sea without own materials and equipment
required for liquidation of the consequences of oil spills at sea of the first and
second levels, or concluded contract with the specialized organization, shall –
entail a fine on individuals in amount of one hundred fifty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of two
thousand monthly calculation indices.
13. The act provided by a part eight of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
14. Acts provided by parts four, five, six and nine of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail suspension or prohibition of the activity or separate types of activity.
Footnote. Article 336 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 357. Registration of illegal transactions
on environmental management Registration of knowingly illegal transactions on environmental management,
corruption of state accounting data and state cadastres of natural resources, and
equally intended decrease of payment for use of the natural resources, environmental
pollution, protection and reproduction of the natural resources, if these actions are
committed from lucrative or other personal interest by a civil servant with the use of
own official position, shall –
entail a fine in amount of five hundred monthly calculation indices or
administrative arrest up to thirty days.
Article 358. Violation of rules for protection of
water resources
1. Putting of enterprises, household and other objects into operation without the
structures and devices preventing pollution and water clogging or their adverse effect,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
2. Non-conduct of hydrotechnical, technological, forest improvement, sanitary and
other measures ensuring protection of waters from pollution, clogging and depletion, as
well as improvement of the state of water administration, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty five, on subjects of medium entrepreneurship – in amount of seventy, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 359. Damage to water facilities, devices and
fire-fighting water supply systems, violation of rules
for their operation 1. Damage to water facilities and devices, metering instruments for accounting of
consumption and discharge of water, as well as fire-fighting water supply systems, shall
–
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty five monthly calculation indices.
2. Violation of the rules for operation of water facilities and devices, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Article 360. Illegal construction on water protection zones
and belts of water objects
1. Illegal construction of buildings, structures and other objects on water
protection zones and belts, as well as illegal change of a natural bed of river, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty five, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of two hundred fifty monthly calculation indices with compulsory demolition of
illegally constructed building or the building being under construction.
2. Illegal drilling of wells on water and construction of ground water intakes,
shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of fifty five, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices.
Article 361. Violation of rules for maintenance of a primary
accounting of waters and their use Violation of rules for maintenance of a primary accounting of waters and their
use, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 362. Distortion of accounting data and reporting
of water resources Distortion of accounting data and reporting of water cadastre, schedules of
complex use and protection of water resources, as well as their non-representation
within the terms established by the legislation of the Republic of Kazakhstan, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of
thirty, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
Article 363. Impeding of regulation of water resources Impeding of regulation of water resources in behalf of their complex use, ecology
and water apportioning, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
Article 364. Violation of rules of general water use
1. Violation of rules of general water use committed in the form of:
1) swimming, water intake for drinking and household needs,livestock watering,
driving on small size vessels and other floating crafts in prohibited places;
2) restriction of the access of population to water objects of general use by
individuals and legal entities by installation of fences, points of protection,
prohibitory signs, shall –
entail a notification on individuals and legal entities.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of two, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in
amount of sixty monthly calculation indices.
Article 365. Violation of established water servitudes
1. Violation of established water servitudes, shall –
entail a fine on individuals and legal entities.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of two, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in
amount of sixty monthly calculation indices.
Article 366. Illegal grubbing, construction of buildings, wood
processing, arrangement of warehouses on forest fund lands Illegal grubbing, construction of buildings, wood processing, arrangement of
warehouses on forest fund lands, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices.
Article 367. Violation of requirements of fire security
and sanitary rules in forests
1. Violation of requirements of fire security and sanitary rules in forests, shall
–
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
2. The same act that entailed fire development, infliction of the harm of human
health and environment, if this action did not heavy damage, shall –
entail a fine on individuals in amount of twenty five, on civil servants, subjects
of small entrepreneurship – in amount of forty five, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of two hundred fifty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time on especially protected natural areas, shall –
entail a fine on individuals in amount of one hundred, on civil servants, subjects
of small entrepreneurship – in amount of two hundred fifty, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of one thousand five hundred monthly calculation indices.
Article 368. Violation of the established procedure for use
of cutting area fund, procurement and transportation of wood,
extraction of soft resin and timber saps,
secondary forest materials 1. Violation of the established procedure for use of cutting area fund,
procurement and transportation of wood, extraction of soft resin and timber saps,
secondary forest materials, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The same action committed on especially protected natural areas, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 369. Violation of terms for return of temporary
occupied fields of the forest fund and especially
protected natural areas
1. Violation of terms for return of temporary occupied fields of the state forest
fund and non-fulfillment of obligations on bringing to the state being suitable for use
according to designated purpose, shall –
entail a notification or fine on individuals in amount of three, on subjects of
small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects
of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
2. The same action committed on especially protected natural areas, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 370. Damage of hayfields and grazing areas, as well as
illegal haying and grazing of livestock, gathering of medical
plants and technical raw materials on lands of the forest fund 1. Damage of hayfields and grazing areas on lands of the forest fund, shall –
entail a notification or fine on individuals in amount of two monthly calculation
indices.
2. Illegal haying and grazing of livestock in forests and on lands of the forest
fund, shall –
entail a notification or fine on individuals in amount of three monthly
calculation indices.
3. Illegal gathering of medical plants and technical raw materials at the fields
where it is prohibited or allowed only on forestry cards, shall –
entail a notification or fine on individuals in amount of three monthly
calculation indices.
4. Actions provided by parts one, two and three of this Article committed on
especially protected natural areas, shall –
entail a fine on individuals in amount of twenty monthly calculation indices.
Article 371. Violation of procedure and terms of forest
invasions and other categories of lands of the forest fund
designed for forest restoration and forest planting
Violation of procedure and terms of forest invasions and other categories of lands
of the forest fund designed for forest restoration and forest planting, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 372. Destruction or damage of forest fauna, as well
as damage, clogging of forests by wastes, chemical substances
and other infliction of damage to the forest fund lands
1. Destruction or damage of forest fauna, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of two hundred fifty monthly calculation indices.
2. Damage of forest by waste waters, chemical substances, industrial and domestic
emissions and wastes entailing its drying or disease, or clogging of forest, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty five, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of four hundred monthly calculation indices.
3. Destruction or damage of forest drainage ditches, drainage systems and roads on
the forest fund lands, shall –
entail a fine on individuals in amount of five monthly calculation indices.
4. Actions provided by parts one, two and three of this Article committed on
especially protected natural areas, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty five, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
Article 373. Carrying out forest uses not in accordance with
the purposes or requirements provided by permitting documents
1. Carrying out forest uses not in accordance with the purposes or requirements
provided by permitting documents, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship – in amount of five, on subjects of medium entrepreneurship – in amount
of ten, on subjects of large entrepreneurship – in amount of forty monthly calculation
indices.
2. The same action committed on the especially protected natural areas, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 374. Construction and operation of objects that lead
to adverse effect on condition and reproduction of forests
1. Construction and operation of objects that lead to adverse effect on condition
and reproduction of forests, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of four hundred
monthly calculation indices.
Article 375. Violation of established procedure for withdrawal
and assessment of wood cutting areas Violation of established procedure for withdrawal and assessment of wood cutting
areas, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 376. Admission of wood processing in amounts exceeding
the rated wood cutting areas Admission of wood processing in amounts exceeding the rated wood cutting areas,
shall –
entail a fine on civil servants in amount of three hundred monthly calculation
indices.
Article 377. Illegal transportation, storage and application of
pesticides (toxic chemicals) and other preparations
1. Illegal transportation, storage and application of pesticides (toxic chemicals)
and other preparations that entailed or might entail to environmental pollution or
infliction of harm to animal world with the exception of cases provided by article 416
of this Code, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 378. Violation of rules for protection of the growth
places of plants and live environment of animals, rules for
creation, storage, accounting and use of zoological
collections, and equally illegal resettlement, acclimatization,
reacclimatization and crossing of animals
1. Violation of rules for protection of the growth places of plants and live
environment of animals, conditions for multiplication, migration paths and concentration
of animals, rules for creation, storage, accounting and use of zoological and botanical
collections, and equally illegal resettlement, acclimatization, reacclimatization and
crossing of animals, shall –
entail a notification or fine on individuals in amount of eight, on civil
servants, subjects of small entrepreneurship – in amount of fourteen, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of sixty monthly calculation indices.
2. the same actions committed on especially protected natural areas, shall –
entail a notification or fine on individuals in amount of fifteen, on civil
servants, subjects of small entrepreneurship – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Article 379. Violation of protective measures of the plants and
animals upon placement, designing and construction of the
inhabited localities, enterprises and other objects, upon
carrying out of industrial processes and operation of the
transport vehicles, application of protective measures of the
plants, mineral manures of other preparations
Violation of protective measures of the plants and animals upon placement,
designing and construction of the inhabited localities, enterprises and other objects,
upon carrying out of industrial processes and operation of the transport vehicles,
application of protective measures of the plants, mineral manures of other preparations,
with the exception of cases provided by Article 416 of this Code, shall –
entail a notification or fine on individuals in amount of eight, on civil
servants, subjects of small entrepreneurship or non-profit organizations – in amount of
fourteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of
large entrepreneurship – in amount of seventy monthly calculation indices.
Article 380. Violation of the procedure for arrival of individuals on
separate types of the especially protected natural areas Arrival of individuals without special permission and outside the allocated places
for visiting in the territories of the state wildlife preservations, state national
natural parks, state natural reserves, state natural parks, shall –
entail a notification or fine in amount of two monthly calculation indices.
Article 381. Damage or destruction of objects of selective
and genetic purpose
Damage or destruction of objects of selective and genetic purpose: plus trees,
archived clones of plus trees, provenance trial plantations, test crops of populations
and hybrids, trees and bushes on forest seed orchards, trees and bushes on permanent
seed plantations, trees and bushes in plus stands, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of forty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Article 382. Violation of requirements of using animal world
and hunting rules 1. Violation of requirements of using animal world and (or) hunting rules that
does not contain signs of a criminally punishable act, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twenty five, on subjects of medium
entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The same violation provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of sixty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices or deprivation of the right to hunt for the term up to two
years, with confiscation of the instruments for acquisition of animals, transport
vehicles and other subjects that are the instruments for commission of mentioned
violation.
3. Action provided by a part one of this Article committed on especially
prohibited natural areas, shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship – in amount of one hundred ten, on subjects of medium entrepreneurship
– in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of
one thousand monthly calculation indices or deprivation of the right to hunt for the
term up to two years, with confiscation of the subjects and (or) instrument of the
administrative infraction.
Article 383. Violation of rules for fishing and protection
of fish resources and other shell-fish 1. Violation of rules for fishing, as well as rules for carrying out of the other
types of using fish resources and other shell-fish that does not contain the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
3. Gross violation of the rules for fishing, with the exception of amateur (sport)
fishing during the prohibited terms by prohibited instruments or methods at the
prohibited places, as well as the rules for carrying out the other types of using fish
resources and the other shell-fish that does not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
fifty monthly calculation indices, with confiscation of the subjects and (or) instrument
of the administrative infraction or without such.
4. Action provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred twenty, on subjects of large entrepreneurship – in amount of three
hundred monthly calculation indices, with confiscation of the subjects and (or)
instrument of the administrative infraction or without such.
5. Water intake from fishery water bodies without installation of the special
tools for prevention from appearing of fish in water intake facilities, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
Article 384. Violation of requirements of the legislation in
the field of protection, reproduction and use of fish
resources and other shell-fish Violation of requirements of the legislation in the field of protection,
reproduction and use of the fish resources and other shell-fish, if this action does not
contain the signs of a criminally punishable act committed in the form of:
1) admission of discharging the hazardous substances exceeding established
standards;
2) failure to provide the structures and devices of new and reconstructed objects
preventing the adverse effect, pollution and clogging of waters;
3) use of livestock farms and other industrial complexes that do not have disposal
facilities and sanitary-protective zones;
4) use of the structures and devices for transportation and storage of oil,
chemical and other products without their equipping by the means for preventing water
pollution;
5) applying the toxic chemicals, manures on a water-producing area of water
objects;
6) discharge and burial of the radioactive and toxic substances into water
objects;
7) discharge of sewage waters of industrial, food objects into water objects that
do not have the disposal facilities and that do not ensure effective treatment in
accordance with the standards;
8) applying the equipment and technology on water objects and water facilities
representing a threat to environment;
9) discharge of solid, industrial, household and other wastes and their burial
into water objects;
10) clogging of the water-producing areas of water objects, ice sheets of water
objects, ice streams by solid, industrial, household and other wastes, the washing of
which entails quality degradation of the surface water objects, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 385. Violation of rules for conduct of hunting 1. Violation of rules for conduct of hunting, if this action does not contain the
signs of a criminally punishable act committed in the form of:
1) illegal restriction of visiting the hunting areas;
2) applying prohibited types, methods and duration for hunting;
3) non-ensuring of organizing protection, reproduction and use of animal world on
the allocated hunting areas and fishery waters, shall –
entail a fine on individuals in amount of three, on civil servants – in amount of
twenty monthly calculation indices.
2. Action provided by a part one of this Article committed three and more times
within one year after imposition of administrative sanction, if this action does not
contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, or deprivation of the right to conduct hunting.
Article 386. Violation of rules for maintenance and protection
of green plantings
Violation of rules for maintenance and protection of green plantings established
by the local representative bodies of oblasts, city of republican significance and the
capital, shall –
entail a notification or fine on individuals in amount of fifteen, on subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices.
Article 387. Untimely clearing the felling site from the
felling wastes, clogging of glades and territories adjoining
to cutting areas
1. Untimely clearing the felling site from the felling wastes, clogging of glades
and territories adjoining to cutting areas, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship –
in amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
Article 388. Violation of procedure and terms for
development of cutting areas
1. Violation of procedure and terms for development of cutting areas, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship –
in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty
monthly calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred fifty
monthly calculation indices.
Article 389. Illegal acquisition, sale, transit, entry,
outflow, storage (management) of species of wild animal and
plants, their parts and derivatives 1. Illegal acquisition, sale, transit, entry, outflow, storage (management) of
species of wild animal and plants, their parts and derivatives, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of seventy monthly
calculation indices, with confiscation of the species of wild animals and plants and
their products.
2. Actions provided by a part one of this Article committed repeatedly second time
within one year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
forty monthly calculation indices, with confiscation of the species of wild animals and
plants and their products.
Article 390. Violation of procedure for issuance and use of the
issued permissions for using the animal world 1. Violation of procedure for issuance of permission for using the animal world,
shall –
entail a fine on civil servants in amount of twenty five monthly calculation
indices.
2. Violation of the issued permissions for using the animal world that is
expressed in illegal seizure of the age-sex group (in case of indication), terms for
seizure, territory and borders of a field of supposed seizure, methods for seizure
(catching, killing, gathering) of the wild animals from environmental conditions, if
this action does not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 391. Illegal change of conditions of the granted
licence, and equally violation of the approved procedure for
conduct of petroleum operations at sea Illegal change of conditions of the granted licence, and equally violation of the
approved procedure for conduct of petroleum operations at sea, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
Article 392. Carrying out of petroleum operations at sea
creating an obstacle and inflicting damage to marine
navigation, fishing
1. Carrying out of petroleum operations at sea creating an obstacle and inflicting
damage to marine navigation, fishing, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
2. Unwarranted placement of underwater cables or pipelines in a territory of the
Republic of Kazakhstan or their laying on a continental shelve of the Republic of
Kazakhstan that may entail to damage of the mineral deposits, inflict harm to life or
health of humans, inflict damage to living resources, marine flora and fauna or create
interference to the other legal types of activity on the continental shelve of the
Republic of Kazakhstan, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
3. Actions provided by parts one or two of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices, with
confiscation of the vessel and tools of committing infraction or without such.
Article 393. Violation of rules for conduct of the marine
scientific researches on a continental shelve of the
Republic of Kazakhstan 1. Violation of rules for conduct of the marine scientific researches provided by
the permission or international treaties of the Republic of Kazakhstan that created or
might create the interferences to legal types of activity on a continental shelve of the
Republic of Kazakhstan, or illegal change of a program of the marine scientific
researches on the continental shelve of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in
amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices.
Article 394. Violation of rules for burial of wastes and
other materials, as well as the rules for conservation and
disassembling on a continental shelve of the
Republic of Kazakhstan 1. Violation of rules for burial of vessels and other floating crafts, flight
vehicles, artificial islands, installations and structures, wastes and other materials,
as well as the rules for conservation and disassembling provided by the international
treaties ratified by the Republic of Kazakhstan that may lead to the damage of mineral
deposits, inflict harm to life or health of humans, inflict damage to biological
resources, marine flora and fauna or create interferences to the other legal types of
activity on a continental shelve of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of ninety, on subjects of medium entrepreneurship – in
amount of one hundred monthly calculation indices, on subjects of large entrepreneurship
– in amount of the size of damage inflicted to environment.
Article 395. Failure to perform the legal requirements of civil
servants of the bodies for protection of a continental shelve
of the Republic of Kazakhstan
1. Failure to perform the legal requirements of civil servants of the bodies for
protection of a continental shelve of the Republic of Kazakhstan, as well as impeding to
exercising the powers by these civil servants imposed on them, including inspection of a
vessel, shall –
entail a fine in amount of seventy of monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine in amount of one hundred fifty monthly calculation indices with
confiscation of the vessel and tools of committing infraction, as well as received
results of researches or without such.
Article 396. Illegal transfer of mineral and biological
resources of a continental shelve, territorial waters (seas)
and internal waters of the Republic of Kazakhstan 1. Illegal transfer of mineral and biological resources of a continental shelve,
territorial waters (seas) and internal waters of the Republic of Kazakhstan to foreign
persons, legal entities created in accordance with the legislation of another state, or
to foreign states, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of one hundred
percent of the costs of illegally transferred mineral and biological resources.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of two hundred
percent of the costs of illegally transferred mineral and biological resources with
confiscation of the vessel and tools of committing the infraction, as well as received
results of researches or without such.
Article 397. Breach of the legislation on environmental audit
1. Failure to perform the requirements of the legislation on conduct of compulsory
environmental audit, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
2. Drawing up of the knowingly inaccurate environmental audit report by
environmental auditors (environmental audit organizations), shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship – in amount of one hundred sixty, on subjects of medium
entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship
– in amount of seven hundred monthly calculation indices.
3. Representation of the knowingly inaccurate or incomplete information by
inspected person in the course of conducting environmental audit that entailed to
drawing up of inaccurate environmental audit report, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations –
in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of
four hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly
calculation indices.
4. Action provided by a part two of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of one hundred, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of one thousand monthly calculation indices, with deprivation of the license for
the right to carry out environmental audit activity.
Article 398. Sale of caviar marked with violation of the
procedure for marking, or unmarked caviar of sturgeon
species of fishes 1. Sale of caviar marked with violation of the procedure for marking, or unmarked
caviar of sturgeon species of fishes, shall –
entail a fine on individuals in amount of thirty five, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of ninety, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices, with confiscation of the caviar, marked with
violation of procedure for marking, or caviar sold without marking.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship – in amount of one hundred fifteen, on subjects of medium
entrepreneurship – in amount of one hundred sixty, on subjects of large entrepreneurship
– in amount of two hundred twenty monthly calculation indices, with confiscation of the
caviar, marked with violation of procedure for marking, or caviar sold without marking.
Article 399. Representation of invalid data by individuals and
legal entities performing works and rendering the services in
the field of environmental protection
1. Representation of invalid data by individuals and legal entities performing
works and rendering the services in the field of environmental protection upon
development of emission standards, measures on environmental protection, programs of
industrial environmental control and reports on them, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty five, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred twenty monthly calculation indices, with
suspension of the licence validity term or without such.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred sixty
five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of three hundred twenty monthly
calculation indices, with suspension of the licence validity term or without such.
3. Commission of actions provided by parts one and two of this Article that
entailed infliction of a heavy damage to environment or committed more than three times,
if these actions do not contain the signs of a criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
sixty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of three hundred fifty monthly calculation
indices, with deprivation of the license.
Chapter 22. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
PROTECTION AND QUARANTINE OF PLANTS, GRAIN MARKET AND
STORAGE OF GRAIN, COTTON INDUSTRY, SEED PRODUCTION AND
STATE VETERINARY- SANITARY CONTROL AND SUPERVISION AND
LIVESTOCK BREEDING, AS WELL AS FORMATION AND USE OF
REGIONAL STABILIZATION FUNDS OF FOOD COMMODITIES
Article 400. Breach of the legislation of the Republic of
Kazakhstan in the field of quarantine of plants 1. Violation of phytosanitary requirements to entered quarantineable products and
conduct of the phytosanitary measures committed in the form of:
1) entry of the quarantineable products into the territory of the Republic of
Kazakhstan that do not conform to phytosanitary requirements submitted to the entered
quarantineable products;
2) entry of a batch of quarantineable products of the high phytosanitary risk into
the territory of the Republic of Kazakhstan without the phytosanitary certificate of the
national quarantine service of exporting country;
3) entry of a batch of quarantineable products of the high phytosanitary risk into
the territory of the Republic of Kazakhstan without the re-export phytosanitary
certificate of the national quarantine service of exporting country;
4) carrying out of transfer of the imported quarantineable products through the
territory of the Republic of Kazakhstan with violation of phytosanitary requirements of
the Republic of Kazakhstan;
5) non-representation of the quarantineable products for survey;
6) non-conduct of the annual preventive decontamination of storage capacities in
which the storage or processing of the quarantineable products is carried out;
7) use of the planting or seed material before obtainment of the results of a
laboratory examination;
8) non-compliance with conditions for storage of the imported planting or seed
material before obtainment of the results of a laboratory examination;
9) use of grain, grain legume, oil-producing crops entered into the territory of
the Republic of Kazakhstan for the seeding purposes for use in accordance with
industrial, feed and technical purposes;
10) non-conduct of clearing the transport vehicles after transferring the imported
quarantineable products, as well as the quarantineable products from the quarantine
zones with compulsory destruction of wastes;
11) re-shipping of the quarantineable products on passage or point of destination
without permission of the authorized body;
12) non-representation of the entered quarantineable products for the secondary
quarantine examination at the point of its destination;
13) use of the seed or planting material for sowing obstructed by quarantine
undesirable plants;
14) carrying out of storage or clearance of the quarantineable products procured
in a zone of spreading the quarantine objects from the quarantineable products, procured
in the zone being free from quarantine objects;
15) non-ensuring of a systematical inspection of sowings, territories, warehouses,
the activity of which is linked with production, procurement, processing, storage,
transportation and sale of the quarantineable products;
16) carrying out of inter-oblast transportations of the quarantineable products
without the quarantine certificate, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. Breach of the legislation of the Republic of Kazakhstan in the field of
quarantine of plants upon entry, interstate transportations and upon selling the
quarantineable products committed in the form of:
1) entry of the quarantineable products into the territory of the Republic of
Kazakhstan, as well as transport vehicles contaminated by quarantine objects and alien
species;
2) violation of prohibitions or restrictions for entry of the quarantineable
products into the Republic of Kazakhstan;
3) sale of the quarantineable products by quarantine objects;
4) re-shipping of the quarantineable products exported from the quarantine zone of
the Republic of Kazakhstan on passage;
5) transportation of mites, nematodes and living insects entered for the
scientifically research purposes at the same time with the grain, grain legume,
feedstuff, oil-producing, technical crops and their products after processing, fruits,
vegetables, fruits and potato, planting or seed material, cuts of natural flowers and
potted plants, wood, wrapping and support materials;
6) violation of prohibitions or restrictions for export of the quarantineable
products contaminated by quarantine objects from the quarantine phytosanitary zone,
shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices, with confiscation of the
quarantineable products in case of impossibility of its decontamination and processing.
3. Untimely or improper maintenance of the accounting of spreading the quarantine
objects or untimely or improper organization of the measures on quarantine of the plants
on the objects of the state control and supervision in the field of quarantine of
plants, shall –
entail a fine on civil servants I amount of thirty monthly calculation indices.
4. Action (omission) provided by a part three of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of sixty monthly calculation indices.
Footnote. Article 400 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 401. Breach of the legislation of the Republic
of Kazakhstan on grain
1. Sale of grain upon export and import without the relevant passport of quality
of grain, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of one hundred fifty
monthly calculation indices.
2. Dispatch of any quantity of grain by cereal receiving points storing grain of
the state resources, and (or) export of grain by transport organizations without
preliminary coordination with the authorized body, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
fifty, on subjects of large entrepreneurship – in amount of two hundred monthly
calculation indices.
3. Violation of the rules for quantitative and qualitative keeping accounting of
grain by cereal receiving points; issuance, circulation and redemption of grain receipts
committed in the form of:
1) improper registration of grain coming into cereal receiving points;
2) improper registration of clearance, drying of grain;
3) improper registration of discharging grain;
4) improper keeping of the book of qualitative and quantitative accounting of
grain;
5) incorrect metering of the control physical weight of grain;
6) non-compliance with the term for issuance of the grain receipt;
7) incorrect maintenance of a register of the grain receipt;
8) violation of the procedure for transferring the rights on a warehouse warrant;
9) non-compliance with the term for redemption of the grain receipt;
10) violation of the terms for storing the grain receipts, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of three hundred monthly calculation
indices.
4. Carrying out of the activity by a cereal receiving point that does not relate
to rendering of the services on warehouse activity with the issuance of the grain
receipts, with the exception of the activity permitted by the Law of the Republic of
Kazakhstan “On grain”, issuance of warrants and (or) representation of own property in
pledge under commitments of third parties, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
twenty, on subjects of large entrepreneurship – in amount of three hundred monthly
calculation indices with suspension of the licence validity term.
5. Systematical (two and more times within six sequential calendar months)
distortion of the quantitative and qualitative indices of grain by cereal receiving
points upon condition of their documentary proof, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with suspension of the license validity term.
6. Alienation of basic funds by a cereal receiving point without which the
carrying out of the activity on rendering of services on warehouse activity with
issuance of the grain receipts becomes completely impossible or essentially impaired,
shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
twenty, on subjects of large entrepreneurship – in amount of three hundred monthly
calculation indices, with the suspension of the license validity term.
7. Failure to eliminate the violations that entailed bringing to administrative
liability provided by parts four, five, six of this Article upon expiry of suspension of
the license validity term, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred
fifty, on subjects of large entrepreneurship – in amount of five hundred fifty monthly
calculation indices, with the deprivation of the license.
8. Inappropriate use of grain of the state selling and state stabilization grain
resources by grain processing organizations sold to them by an agent for the purpose of
regulation of internal market, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices.
9. Non-fulfillment of the obligation on formation of the state resources of grain
by domestic grain producers, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
10. Breach of the legislation of the Republic of Kazakhstan on grain by members of
a commission on temporary management or temporary administration during the period of
temporary management of a cereal receiving point, shall –
entail a fine on individuals, subjects of small entrepreneurship in amount of
fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of
large entrepreneurship – in amount of five hundred monthly calculation indices.
11. Failure to comply with the procedure for storing grain by cereal receiving
points, as well as with the measures ensuring their quantitative and qualitative
preservation, non-ensuring of grain sampling by its owner in established manner; non-
ensuring of receipt, storage and dispatch of grain of the state grain resources in a
priority (primary) manner, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 402. Violations upon carrying out of entrepreneurial
activity and rendering of services in the field
of seed production
1. Carrying out activity on production, sale, storage, transportation and use of
seeds with the breach of the legislation of the Republic of Kazakhstan in the field of
seed production committed in the form of:
1) use of the seeds of agricultural plants being contaminated by quarantine
objects for sowing (planting);
2) use of the seeds of agricultural plants for sowing (planting) if the seeds
belong to the variety that did not pass the state crop variety testing;
3) use of the seeds of agricultural plants for sowing (planting) if the seeds
belong to the variety that is not included into the State register of selection
achievements admitted for use in the Republic of Kazakhstan or recognized unpromising in
the Republic of Kazakhstan;
4) use of the seeds for sowing (planting) in attested elite-seed and seed
production that do not conform to variety and sowing qualities;
5) use of the seeds for sowing (planting) that did not undergo the examination of
the seeds’ sowing qualities;
6) sale and use of the seeds for sowing (planting) that do not conform to the
requirements of technical regulations;
7) violation of the procedure and terms for conducting strain renovation and
variety changing;
8) failure to acquire original seeds of the varieties and parental forms of
hybrids for ensuring of producing elite seeds for the purpose of their further sale;
9) failure to keep accounting of a quantity, origin of the seeds sold and used for
own purposes, their varietal and sowing qualities;
10) failure to create insurance and financial funds of the seeds of agricultural
plants on account of own funds, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship – in amount of seventeen, on subjects of medium entrepreneurship
– in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty
monthly calculation indices.
2. Violation of the examination of varietal and sowing seed qualities by
approbators, experts of seeds and attested legal entities rendering the services on
conduct of approbation of the varietal sowings of agricultural plants, shall –
entail a notification or fine on individuals in amount of ten, on legal entities –
in amount of two hundred monthly calculation indices.
3. Violation of the qualifying requirements submitted to the activity in the field
of seed production by attested individuals and legal entities, as well as approbators
and experts of seeds, shall –
entail a notification or fine on individuals in amount of twenty, on subjects of
small entrepreneurship – in amount of thirty five, on subjects of medium
entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount
of two hundred monthly calculation indices.
4. Actions provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty monthly calculation indices, on
attested persons – deprivation of the attestation certificate certifying the right of
subjects to carrying out of the activity in the field of seed production.
5. Untimely conduct of attestation, re-attestation of the subjects of seed
production, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Footnote. Article 402 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 403. Breach of the legislation of the Republic
of Kazakhstan on protection of plants
1. Non-representation, and equally untimely representation of phytosanitary
reporting, shall –
entail a fine on individuals in amount of five, on individuals, subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Conduct of phytosanitary monitoring and phytosanitary measures on the objects
of phytosanitary control that entailed development and spreading of hazardous organisms
with a number more than economic harmfulness threshold, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
3. Failure to conduct pesticide (toxic chemicals) detoxification and maintenance,
support of the special storages (burial grounds) in improper state, committed in the
form of:
1) absence of the special storages (burial grounds) for pesticide (toxic
chemicals) detoxification and their containers;
2) absence of the methods and technology of pesticide (toxic chemicals)
detoxification that become unfit for use and their containers, pesticide (toxic
chemicals) developed and provided by the suppliers (producers, importers, sellers);
3) storage of pesticide (toxic chemicals) of the first hazard class that become
unfit for the following intended use, in the capacities that do not ensure airtightness
and not excepting a possibility of polluting by environmental pesticides (toxic
chemicals);
4) packing of pesticides (toxic chemicals) of the second hazard class in
multilayered container made of polymer materials without the special inserts (depending
on specific of the pesticide (toxic chemican( �
5) repacking of pesticides (toxic chemicals) with the damaged integrity of the
package;
6) absence of the high temperature installations ensuring decay of burned
compounds to the non-toxic (unhazardous) substances at the places determined in
accordance with the legislation by the state bodies of environmental control and
sanitary-epidemiological welfare of population for destruction of paper or wooden
container of the pesticides (toxic chemicals) by burning;
7) absence of the means of mechanization for loading, transfer and discharge of
prohibited pesticides (toxic chemicals) that become unfit for use and their containers,
shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
4. Failure to take measures on construction of the special storages (burial
grounds), shall –
entail a fine on civil servants in amount of ten monthly calculation indices.
5. Action (omission) provided by parts one, two, three and four of this Article
committed repeatedly second time within a year after imposition of administrative
sanction, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Footnote. Article 403 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 404. Breach of the legislation of the Republic of
Kazakhstan on development of cotton industry 1. Violation of the established procedure for accounting and preservation of
documents reflecting performed operations with cotton by cotton processing
organizations, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship
– in amount of seventy monthly calculation indices.
2. Violation of the qualifying requirements submitted to an expert organization,
the rules for conducting a quality examination of cleaned cotton, raw cotton and
issuance of the passport of quality of the cleaned cotton, quality certificate of the
raw cotton committed in the form of:
1) absence of the relevant premises based on the right of ownership or in property
lease for the organoleptic estimation of the cleaned cotton that meets the requirements
of fire and sanitary-epidemiological security;
2) absence of the qualification specialists for a functional and technical
maintenance of the automated test measurement system of the cleaned cotton of high
efficiency (such as HVI) having the relevant special education and work experience no
less than one year on maintenance of the automated test measurement system of the
cleaned cotton of high efficiency (such as HVI);
3) absence of the qualified experts on cotton (appraiser) having the relevant
special education and work experience no less than two years on organoleptic estimation
of quality of the cleaned cotton;
4) absence of technical regulations and regulatory documents on standardization;
5) absence of the specialized automotive transport for a modern delivery of
samples of the cleaned cotton from cotton gin plants;
6) non-conformance to requirements of the premises for storage of samples of the
cleaned cotton;
7) absence or incomplete equipping by a complex of ceramic colour samples,
calibration standards and device for determination of the index of a micronaire, complex
of the standard samples of appearance of the cleaned cotton approved or admitted for use
in the Republic of Kazakhstan;
8) inaccurate drawing up of an act and registration log of samples collection of
the cleaned cotton;
9) violation of the procedure for conduct of the sample collection of the cleaned
cotton;
10) violation of the procedure for conduct of tests of the cleaned cotton;
11) inaccurate drawing up and untimely issuance of the passport of quality of the
cleaned cotton;
12) inaccurate drawing up of the passport of quality of the cleaned cotton in the
form approved by the authorized body;
13) violation of storage life of the cleaned cotton in a laboratory of expert
organization after testing before dispatch of the batch by the owner of the cleaned
cotton;
14) inaccurate and incomplete drawing up of the sample collection act and
registration log of the samples of the cleaned cotton;
15) violation of the procedure for conduct of sample collection of the cleaned
cotton;
16) violation of the procedure for conduct of testing of the cleaned cotton;
17) inaccurate drawing up and untimely issuance of the quality certificate of the
cleaned cotton;
18) non-conformance to requirements of the premises for storing the samples of the
cleaned cotton, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
3. Avoidance from participation in a system of guaranteeing the fulfillment of
obligations on cotton receipts, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred twenty monthly calculation indices, with
suspension of the license validity term.
4. Non-fulfillment or improper fulfillment of written prescriptions of the local
executive bodies of oblasts, cities of republican significance and the capital on
elimination of detected breaches of the legislation of the Republic of Kazakhstan on
development of the cotton industry within the terms stated in the prescription, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred twenty
monthly calculation indices.
5. Carrying out of entrepreneurial activity by a cotton processing organization,
prohibited by the Law of the Republic of Kazakhstan on development of cotton industry,
issuance of the guarantees and (or) provision of own property in pledge under
commitments of the third persons in violation of the requirements of the Law of the
Republic of Kazakhstan on development of cotton industry, as well as alienation of the
basic funds by the cotton processing organization without which the carrying out of the
activity on rendering of services on warehouse activity with the issuance of the cotton
receipts becomes completely impossible or essentially impaired, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty, on
subjects of medium entrepreneurship – in amount of one hundred twenty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices, with
suspension of the licence validity term.
6. Systematical (two and more times within six sequential months) distortion of
the quantitative and qualitative indices of cotton upon applications of the holders of
the cotton receipts upon condition of their documentary confirmation, shall –
entail a fine on subjects of small entrepreneurship in amount of forty, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices, with
suspension of the licence validity term.
7. Provision of knowingly false information by a licensee upon obtainment of the
license, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of seventy monthly calculation indices, with suspension of
the licence validity term.
8. Breach of the Law of the Republic of Kazakhstan on development of the cotton
industry by the commission members on temporary management or temporary administration
during the period of temporary management by the cotton processing organization, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
9. Non-elimination of the violations that entailed bringing to administrative
liability provided by parts five, six, seven and eight of this Article, upon expiry of
the term for suspension of the license validity term, shall –
entail deprivation of the license.
Article 405. Violation of requirements of the legislation
of the Republic of Kazakhstan upon formation and use of
the regional stabilization funds of food commodities
1. Inappropriate use of the regional stabilization funds of food commodities,
carrying out of commodity interventions on the products of plant production during the
period of harvesting, as well as non-compliance with the rules for formation and use of
the regional stabilization funds of food commodities, shall –
entail a fine on civil servants in amount of one hundred, on legal entities – in
amount of two hundred monthly calculation indices.
2. Non-compliance with the prices upon procurement of the food commodities into
the regional stabilization fund of food commodities and their sale from the regional
stabilization fund of food commodities, shall –
entail a fine on legal entities in amount of two hundred fifty monthly calculation
indices.
Article 406. Breach of the legislation of the Republic
of Kazakhstan in the field of veterinary medicine
1. Breach of the legislation of the Republic of Kazakhstan in the field of
veterinary medicine committed in the form of:
1) non-compliance with conditions and requirements of the quarantine and
restrictive measures;
2) non-compliance with the veterinary (veterinary and sanitary) rules,
requirements and veterinary standards:
upon placement, construction, reconstruction and putting into operation of the
objects of state veterinary and sanitary control and supervision linked with
maintenance, breeding, use, production, procurement (slaughtering), storage, processing
and sale of the relocated (transferred) objects being subordinated to the state
veterinary and sanitary control and supervision;
upon maintenance, breeding and use of animals, including the animals in zoological
gardens, circuses, at bee gardens, in aquariums;
upon carrying out of the activity on the objects of internal trade; on production
objects carrying out growth of animals, procurement (slaughtering), storage, processing
and sale of animals, products and and raw materials of animal origin; in organization on
production, storage and sale of veterinary preparations, feeding stuff and feed
supplements;
upon carrying out of the transportation (displacement) of the relocated
(transferred) objects in a territory of the Republic of Kazakhstan being subordinated to
the state veterinary and sanitary control and supervision;
3) non-compliance with requirements of the regulatory legal acts on protection of
a territory of the Republic of Kazakhstan from carrying and spreading of contagious and
exotic diseases of animals from other states;
4) non-compliance with conditions and requirements for slaughtering of the live-
stock animals designed for the following selling;
5) carrying out of production, entry (import), sale and applying (use) of
veterinary preparations, feed supplements without their state registration, with the
exception of the cases of production, entry (import) in capacities required for conduct
of their registration tests, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of forty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
3. Failure to conduct or improper conduct of veterinary measures, as well as
violation of the terms for their conduct, shall –
entail a fine on individuals in amount of twenty five, on civil servants, subjects
of small entrepreneurship or non-profit organizations – in amount of one hundred twenty
five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
4. Actions (omission) provided by a part three of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of fifty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of two hundred fifty, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
5. Non-ensuring of identification of live-stock animals, shall –
entail a fine on civil servants in amount of twenty five monthly calculation
indices.
6. Action (omission) provided by a part five of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
7. Failure to perform the functions by the local executive bodies imposed on them
by the legislation of the Republic of Kazakhstan in the field of veterinary medicine,
shall –
entail a notification on civil servants of the local executive bodies.
8. Action (omission) provided by a part seven of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on civil servants of the local executive bodies in amount of one
hundred monthly calculation indices.
9. Non-notifying the subdivisions of the local executive bodies carrying out the
activity in the field of veterinary medicine, state veterinary organizations created by
the local executive bodies, bodies of the state veterinary and sanitary control and
supervision on:
1) newly acquired animal (animals), received animal yield, its (their)
slaughtering and sale;
2) cases of loss, simultaneous disease of several animals or on their unusual
behavior and failure to take the measures of isolate maintenance of the animals upon
suspicion of disease before arrival of the specialists in the field of veterinary
medicine, state veterinary and sanitary inspectors, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – the fine in amount of twenty five,
on subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
10. Action (omission) provided by a part nine of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
11. Violation of the procedure for issuance of veterinary documents and
requirements to their forms, shall –
entail a fine on civil servants, subjects of small entrepreneurship – in amount of
twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
12. Action (omission) provided by a part eleven of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine on civil servants, on subjects of small entrepreneurship – in amount
of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects
of large entrepreneurship – in amount of two hundred monthly calculation indices.
13. Failure to render assistance to the specialists in the fields of veterinary
medicine upon performance of their official duties on conduct of veterinary measures,
shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
14. Violation of rules for quarantine of animals, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
15. Violation of the regulatory legal acts on the issues of struggle against
epizootics, as well as other regulatory legal acts in the field of veterinary medicine
that did not entail spreading of the epizootics or other grave consequences, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
16. Actions (omission) provided by parts thirteen, fourteen and fifteen of this
Article committed repeatedly second time within a year after imposition of
administrative sanction, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 407. Breach of the legislation of the Republic of
Kazakhstan on livestock breeding
1. Breach of the legislation of the Republic of Kazakhstan on livestock breeding
committed in the form of:
1) sale of pedigree products (material) that did not undergo assessment by the
subjects in the field of livestock breeding;
2) sale of pedigree products (material) without issuance of the pedigree
certificate by the subjects in the field of livestock breeding;
3) refusal of the objects in the field of livestock breeding from maintenance of
data accounting and non-representation of reporting;
4) non-execution of the acts of the state inspectors on livestock breeding by the
subjects in the field of livestock breeding;
5) use of the seed and embryos by the subjects in the field of livestock breeding
received from the pedigree animals not registered in the manner established by the
legislation of the Republic of Kazakhstan on livestock breeding;
6) use of the pedigree animals that did not undergo assessment by the subjects in
the field of livestock breeding for the purpose of reproduction of pedigree animals;
7) falsification of the results of assessing pedigree animals by the subjects in
the field of livestock breeding;
8) refusal of individuals and legal entities from representation of data for
pedigree animals acquired on account of the budget funds within the development programs
of livestock breeding for their registration in the state register of pedigree animals;
9) violation of the procedure for use of pedigree animals by individuals and legal
entities, acquired for the purpose of breeding on account of the budget funds within the
development programs of livestock breeding, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Non-compliance with the obligations established by the Law of the Republic of
Kazakhstan “On livestock breeding” by individuals and legal entities carrying out the
activity in the field of livestock breeding subjected to notification, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with suspension of the activity on subjects in the field of
livestock breeding or without such.
3. Actions (omission) provided by parts one and two of this Article committed
repeatedly second time within a year after imposition of administrative sanction, and
equally failure to eliminate the violations provided by parts one and two of this
Article that entailed bringing to administrative liability, shall –
entail prohibition of the activity in the field of livestock breeding.
Article 408. Violation of rules for maintenance and walking
of dogs and cats, rules for catching and destruction
of stray dogs and cats 1. Violation of rules for maintenance and walking of dogs and cats, rules for
catching and destruction of stray dogs and cats in cities and other inhabited
localities, established by the local representative bodies of oblasts, cities of
republican significance and the capital, shall –
entail a notification or fine in amount of three monthly calculation indices.
2. The same actions that entailed infliction of harm to health or property of
individuals, shall –
entail a fine in amount of ten monthly calculation indices.
Chapter 23. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
EDUCATION, PHYSICAL TRAINING AND SPORT
Footnote. Title of Chapter 23 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 409. Breach of the legislation of the Republic
of Kazakhstan in the field of education, physical
training and sport Footnote. Title of Article 409 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Non-fulfillment or improper fulfillment of the obligations and standards of
pedagogical ethics by a teaching employee, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
2. Non-fulfillment or improper fulfillment of the obligations provided by the
legislation of the Republic of Kazakhstan in the field of education by parents or
another legal representatives, shall –
entail a fine in amount of ten monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligations by a head or other
civil servant of educational organization due to negligent or unfair relation to them,
if this entailed infliction of light harm to health of the pupils, students and
employees of the educational organization during the academic and educational process,
shall –
entail a fine in amount of fifty monthly calculation indices.
4. Violation of the requirements by educational organizations committed in the
form of:
1) non-compliance with the standard rules for activity of educational
organizations;
2) non-compliance with the standard rules for admission in educational
organizations;
3) non-compliance with the standard rules for change and reinstatement of students
by the types of educational organizations;
4) non-compliance with the standard rules for provision of academic leaves for
students in educational organizations;
5) non-compliance with the standard rules of competitive substitution of the
positions of higher-education teaching personnel and scientific workers of educational
organizations, shall –
entail a fine on civil servants in amount of ten, on subjects of small
entrepreneurship or non-profit organizations in amount of fifteen, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of twenty five monthly calculation indices, with suspension of the license
validity term.
5. Creation and activity of organizational structures of political parties in
educational organizations, shall –
entail a fine on civil servants, on subjects of small entrepreneurship in amount
of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of
large entrepreneurship – in amount of twenty five monthly calculation indices.
6. Non-conformance of rendered educational services to the requirements of the
state obligatory educational standard, as well as other violations of the requirements
of the state obligatory educational standards, shall –
entail a fine on civil servants, on subjects of small entrepreneurship in amount
of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of
large entrepreneurship – in amount of thirty monthly calculation indices, with
suspension of the license validity term.
7. Action (omission) provided by parts one – six of this Article committed
repeatedly second time within a year after imposition of administrative infraction,
shall –
entail a fine on individuals in amount of twenty, on civil servants in amount of
thirty, on subjects of small entrepreneurship – in amount of forty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of sixty monthly calculation indices, with deprivation of the license.
8. Non-compliance with the requirements on supplying the sports equipment and
equipping the places for conduct of activities and competitions, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
9. Liquidation, change of the designated and functional purpose of health and
fitness, sports facilities being in the state ownership without the creation of the
equal health and fitness, sports facilities, shall –
entail a fine on civil servants in amount of five hundred monthly calculation
indices.
10. Non-compliance with the requirements on supporting participants of sports
events by the medical assistance and access of sportsmen to them that did not pass
medical examination in accordance with the regulatory requirements, shall –
entail a fine on legal entities in amount of five hundred monthly calculation
indices.
11. The act provided by a part nine of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine in amount of one thousand monthly calculation indices.
Footnote. Article 409 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 24. ADMINISTRATIVE INFRACTIONS ENCROACHING
ON PUBLIC SAFETY AND HEALTH OF POPULATION
Article 410. Violation or failure to perform the
requirements of fire security
1. Violation or failure to perform the fire-fighting requirements provided by the
rules of fire security, technical regulations, construction standards and rules,
national standards in organizations, public places, storage capacities, agricultural
lands, in halls of residence and residential houses, shall –
entail a notification or fine on individuals in amount of five, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of fifteen,
on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of one hundred monthly calculation indices.
3. Action (omission) provided by a part one of this Article that entailed the fire
development that inflicted harm to human health or significant damage, in the absence of
crime components, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices.
Note. As applied to this Article, the significant damage shall be regarded as the
sum exceeding fifty monthly calculation indices at the time of commission of the
administrative infraction.
Article 410-1. Breach of the legislation of the Republic of
Kazakhstan upon conduct of audit in the field of fire security
1. Non-representation or untimely representation of a copy of conclusion on
results of conducted audit in the field of fire security by an expert organization to
the territorial subdivision of the authorized body in the scope of civil protection,
shall –
entail a fine on the expert organization in amount of thirty monthly calculation
indices.
2. Representation of conclusion in view of the results of conducting the audit in
the field of fire security by the expert organization containing inaccurate information
on conformance (non-conformance) of the object of requirement to the fire security,
shall –
entail a fine on the expert organization in amount of fifty monthly calculation
indices.
3. Action (omission) provided by parts one and two of this Article committed
repeatedly second time within a year after imposition of administrative sanction, as
well as representation of knowingly false conclusion by the expert organization in view
of the results of conducting audit in the field of fire security, shall –
entail a fine on expert organizations in amount of one hundred monthly calculation
indices with deprivation of the accreditation certificate.
Footnote. Chapter 24 is supplemented by Article 410-1 in accordance with the Law
of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from
01.01.2015).
Article 411. Release and sale of explosive and fire hazardous
products that do not meet the requirements of fire security Release and sale of explosive and fire hazardous products that do not meet the
requirements of fire security, if this did not entail infliction of grave or average
gravity harm to health carelessly and (or) heavy damage to an individual or legal
entity, or the state, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
Note. As applied to this Article of this Code, the heavy damage shall be regarded
as the sum exceeding one hundred monthly calculation indices at the time of commission
of administrative infraction.
Article 412. Violation or failure to comply with the safety
rules on water reservoir
Violation or failure to comply with the safety rules on water reservoirs committed
by a person being liable for their compliance in the absence of the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of twenty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Footnote. Article 412 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 413. Violation of requirements of radiation security
upon use of nuclear energy Unreasonable or premeditated release of radioactive substances into the
atmosphere, water environment and subsoil in quantities exceeding the levels established
by the authorized state bodies; involvement into economic turnover for the purpose of
use and consumption of products and materials by the population, subjected to radiation
or containing radioactive substances, without permission hereto of the authorized state
bodies; permit to work on the object of using the nuclear energy for the persons that
did not pass the relevant training or that do not have the document certifying their
qualification, as well as the persons under eighteen years or having medical alerts;
violation of the requirements on ensuring of accounting and control of radioactive
substances and the sources of ionizing radiation, if these actions do not contain the
sings of a criminally punishable act, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices or deprivation of the license for the relevant type of
activity in the field of using the nuclear energy.
Article 414. Violation of requirements of Nuclear
proliferation regime
Violation of the established manner of nuclear export and import, violation of the
requirements on ensuring of physical protection of nuclear materials, objects of using
the nuclear energy; violation of the requirements on ensuring of accounting and control
of the nuclear materials, sources of ionizing radiation, if these actions do not contain
the sings of a criminally punishable act, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices or deprivation of the licenses, special permissions for the
activity in the scope of using nuclear energy.
Article 415. Breach of the legislation of the Republic of
Kazakhstan in the field of technical regulation
1. Breach of the legislation of the Republic of Kazakhstan in the field of
technical regulation committed in the form of:
1) release and sale of the products that do not meet the requirements of the
technical regulations;
2) release of the products in a wholesale or retail trade, at markets that do not
meet the requirements of a regulatory document on standardization;
3) import and (or) sale of the products subjected to compulsory confirmation of
conformity, without existence of the conformity certificate, conformity mark or
declaration on conformity, as well as in case of their forgery, expiration or suspension
of the validity term;
4) violation of the procedure for performance of the works on confirmation of
conformity and accreditation;
5) unreasonable issuance or confirmation of the validity term of the conformity
certificate, and equally unreasonable acceptance or registration of a declaration on
conformity, applications-declarations, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty five, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with suspension
of the accreditation certificate, attestations of experts-auditors on confirmation of
conformity, accreditation for the term up to six months.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of forty five, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices, with
deprivation of the accreditation certificate, attestations of experts-auditors on
confirmation of conformity, accreditation.
Article 416. Breach of the legislation in the field of safety
ensuring of separate types of products
Failure to terminate the implementation of life cycle processes of the products by
the subject from the date of detection of non-conformity to the safety requirements
established by the legislative acts on food safety, chemical products, machines and
equipment, toys and technical regulations, shall –
entail a fine on individuals in amount of one hundred sixty, on subjects of small
entrepreneurship or non-profit organizations – in amount of two hundred thirty, on
subjects of medium entrepreneurship – in amount of three hundred ten, on subjects of
large entrepreneurship – in amount of one thousand six hundred monthly calculation
indices, with suspension of the activity or without such with confiscation of the
products or without such.
Note. As applied to this Article, the subjects shall be regarded as the persons
being liable for safety of products in accordance with the legislative acts on food
safety, chemical products, machines and equipment, tools.
Article 417. Violation of the procedure for issuance of the
certificate on origin of goods and conclusion of the
configuration of goods of the Customs Union or foreign goods 1. Drawing up and issuance of the acts of examinations on origin of goods, on
determination of the status of goods of the Customs Union or foreign goods by experts-
auditors on determination of the country of origin of goods, status of goods of the
Customs Union or foreign goods in which the data for goods are falsified and (or)
inaccurate, shall –
entail a fine on experts-auditors on determination of the country of origin of
goods, status of goods of the Customs Union or foreign goods in amount of ten monthly
calculation indices with suspension of the certificates of the experts-auditors on
determination of the country of origin of the goods, status of goods of the Customs
Union or foreign goods for the term up to six months, on expert organizations – in
amount of thirty monthly calculation indices with suspension of the activity for the
term up to three months.
2. Refusal in issuance of the certificate on origin of goods in case of
representing duly executed act of the examination on origin of goods and documents
confirming the origin of goods, by the list approved by the authorized body in the field
of technical regulation, documents confirming the origin of goods for internal
circulation, or refusal in issuance of the conclusion of the configuration of goods of
the Customs Union or foreign goods in case of representing duly executed act of
examination on determination of the status of goods of the Customs Union or foreign
goods and details, documents confirming the status of the goods of the Customs Union or
foreign goods, shall –
entail a fine on organization authorized to issue the certificate on origin of
goods, the bodies (organizations) authorized to issue the certificate on origin of goods
for internal circulation, the conclusion of the configuration of goods of the Customs
Union or foreign goods, in amount of fifty monthly calculation indices.
3. Issuance of the certificate on origin of goods by the authorized organization,
the certificate on origin of goods for internal circulation, the conclusion of the
configuration of goods of the Customs Union or foreign goods by the bodies
(organizations) authorized to issue the certificate on origin of goods for internal
circulation, the conclusion of the configuration of goods of the Customs Union or
foreign goods, in which the data for goods are falsified and (or) inaccurate, shall –
entail a fine on organization authorized to issue the certificate on origin of
goods, the bodies (organizations) authorized to issue the certificate on origin of goods
for internal circulation, conclusions of the configuration of goods of the Customs Union
or foreign goods in amount of thirty monthly calculation indices.
4. Violation of the term for issuance of the certificate on origin of goods, the
certificate on origin of goods for internal circulation, the conclusion of the
configurations of goods of the Customs Union of foreign goods by the authorized
organization, the bodies (organizations) authorized to issue the certificate on origin
of goods for internal circulation, the conclusion of the configuration of goods of the
Customs Union or foreign goods, as well as of the written substantiated decision on
refusal in their issuance, shall –
entail a fine on organization authorized to issue the certificate, the bodies
(organizations) authorized to issue the certificate on origin of goods for internal
circulation, the conclusion of the configurations of goods of the Customs Union or
foreign goods in amount of thirty monthly calculation indices.
5. Representation of the falsified and (or) inaccurate documents confirming the
origin of goods by the list approved by the authorized body in the field of technical
regulation for obtaining the certificate on origin of goods, the documents confirming
the origin of goods for internal circulation, for obtaining the certificate on origin of
goods for internal circulation, as well as details, documents confirming the status of
goods of the Customs Union or foreign goods, for obtaining the conclusions of the
configurations of goods of the Customs Union or foreign goods, shall –
entail a fine on subjects of small entrepreneurship in amount of twelve, on
subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of thirty monthly calculation indices.
6. Actions (omission) provided by parts one, two, three and four of this Article
committed repeatedly second time within a year after imposition of administrative
sanction, shall –
entail a fine on experts-auditors on determination of the country of origin of
goods, status of goods of the Customs Union or foreign goods in amount of forty monthly
calculation indices with deprivation of the certificates of experts-auditors on
determination of the country of origin, status of goods of the Customs Union or foreign
goods, on organization authorized to issue the certificate, the bodies (organizations)
authorized to issue the certificate on origin of goods for internal circulation, the
conclusion of the configurations of goods of the Customs Union or foreign goods – in
amount of one hundred monthly calculation indices, on expert organizations – in amount
of sixty monthly calculation indices, with suspension of the activity for the term up to
three months.
Article 418. Violation of the national standards imposed on the
National Flag of the Republic of Kazakhstan and the National
Emblem of the Republic of Kazakhstan, as well as material
objects with their image
1. Production, use and placement of the National Flag of the Republic of
Kazakhstan and the National Emblem of the Republic of Kazakhstan, as well as material
objects with their image that do not conform to the relevant requirements of the
national standard, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of eighty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred forty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
Article 419. Breach of the legislation of the Republic of
Kazakhstan on ensuring the unity of measurements 1. Breach of the legislation of the Republic of Kazakhstan on ensuring the unity
of measurements committed in the form of:
1) admission of non-conformity of the quantity of the packaged goods contained in
the packs of any type upon their prepackaging, sale and import to the quantity indicated
on the packs;
2) admission of non-conformity of determination of weighing, volume, expenditure
or other quantities characterizing the quantity of goods alienated upon commission of
commercial operations to the quantity of goods stated in a control (sales) check or
another document confirming the purchase of inspected goods;
3) adjustment of measuring instruments, metrological certification of the
procedure of measurements without accreditation;
4) issuance in circulation, applying, sale and advertising of measuring
instruments and standard samples subjected to the state metrological control that did
not pass testing for the purpose of type approval or metrological certification, as well
as adjustment and (or) not included into the register of the state system of ensuring
the unity of measurements;
5) applying the methods for measuring subjected to the state metrological control
and that did not pass the metrological certification and registration into the register
of the state system of ensuring the unity of measurements, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty five, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with suspension
of the accreditation certificate, certificate of the technical expert in the field of
ensuring the unity of measurements, certificate of the verification officer for the term
up to six months.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of ninety, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, with
deprivation of the accreditation certificate, certificate of the technical expert in the
field of ensuring the unity of measurements, certificate of the verification officer.
Footnote. Article 419 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 420. Failure to take measures for destruction
of wild hemp
Failure to take measures for destruction of wild hemp on sowings of agricultural
crops, in gardens, vineyards, breeding nurseries and parks, on the sidelines of the
fields, irrigation and irrigation-amelioratory networks, on the waysides of the common
and railway roads, in a territory of organizations, on the land fields of inhabitants of
cities, rural settlements and other inhabited localities, as well as on the lands of the
state forest and water funds, state reserve and secured to the organizations after
prescription, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Article 421. Failure to take measures for ensuring protection
of the drug containing sowings
Failure to take measures for ensuring established regime of protection of hemp,
poppy sowings and other plants containing narcotic substances, places for storage and
processing of the harvests of these crops, and equally failure to take measures for
destruction of the stubble remains and production wastes containing narcotic substances,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices.
Article 422. Failure to take measures for suppression of sale
and (or) nonmedical consumption of narcotic drugs,
psychotropic substances and precursors
1. Failure to take measures for suppression of sale and (or) nonmedical
consumption of narcotic drugs, psychotropic substances and precursors by the owner of
entertaining establishment, as well as educational institution, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of two thousand monthly
calculation indices.
Note. Entertainment establishments mentioned in this Code shall include gambling
establishments, nightclubs, coffee bars, restaurants, Internet cafes, computer,
billiard, bowling clubs and cinemas, objects of theater and entertaining purpose and
other buildings, premises, structures in which the services of entertaining and leisure,
theater and entertaining, sporting, cultural and leisure purpose are rendered.
Article 423. Propaganda and illegal advertising of narcotic
drugs, psychotropic substances and precursors
1. Propaganda and illegal advertising of narcotic drugs,, psychotropic substances
and precursors, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of five hundred monthly calculation indices.
2. Advertising of narcotic drugs and psychotropic substances included into the
list of narcotic drugs, psychotropic substances and precursors subjected to control in
the Republic of Kazakhstan in the unspecialized printed publications, designed for
medical and pharmaceutical workers, and equally distribution of the samples of medical
preparations for the purpose of advertising containing narcotic drugs and psychotropic
substances, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices, with
deprivation of the license for the relevant type of activity or without such.
Notes.
1. The propaganda of narcotic drugs, psychotropic substances and precursors in
this Article shall be regarded as the activity of individuals and legal entities
oriented to distribution of the details on techniques, methods of development,
production and use, the places of acquisition of narcotic drugs, psychotropic substances
and precursors, as well as production and distribution of the book products, publication
materials, distribution in computer networks of the mentioned details or commission of
the other actions for these purposes.
2. The illegal advertising of narcotic drugs, psychotropic substances and
precursors in this Article shall be regarded as the activity of individuals and legal
entities on distribution and placement of any information in any form, with the help of
any means that has the unconscious impact on perception and instincts of a human, forms
or supports his (her) interests in narcotic drugs, psychotropic substances and
precursors.
Article 424. Illegal medical and (or) pharmaceutical activity 1. Engagement in illegal medical and (or) pharmaceutical activity by a person that
does not have the certificate and (or) the license for this type of activity, shall –
entail a fine on individuals in amount of five, on civil servants –in amount of
fifteen, on subjects of small entrepreneurship – in amount of twenty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of seventy monthly calculation indices.
2. Rendering of the guaranteed volume of free medical assistance on a paid basis
in the healthcare organizations rendering it, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of four monthly
calculation indices.
3. Repeated commission of the acts provided by a part two of this Article within a
year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty with deprivation of the
specialist’s certificate, on civil servants, subjects of small entrepreneurship – in
amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred,
on subjects of large entrepreneurship – in amount of seven hundred monthly calculation
indices, with confiscation of the incomes received due to commission of the
administrative infraction.
4. Consuct of the sessions of mass healing (two and more people), as well as with
the use of mass media, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
5. Participation of medical workers, authorized to prescript medical products in
the advertising of the medical products, sale of the medical products by the medical
workers at the workplace, with the exception of cases provided by the legislation, as
well as appointment to the certain pharmacy organizations and the other types of
organizations and the other forms of cooperation with them for the purpose of obtaining
remuneration, shall –
entail a fine on individuals in amount of eighty monthly calculation indices with
the deprivation of the specialist’s certificate, on civil servants, subjects of small
entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in
amount of two hundred, on subjects of large entrepreneurship – in amount of three
hundred monthly calculation indices.
Article 425. Violation of requirements of the legislation
in the field of sanitary and epidemiological welfare of
population, as well as hygienic standards 1. Violation of the regulatory legal acts in the field of sanitary and
epidemiological welfare of population, as well as hygienic standards, technical
regulations that did not entail carelessly mass disease or intoxication of people, shall
–
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
2. Action (omission) provided by a part one of this Article that entailed
infliction of harm to the human health, if this action (omission) does not contain the
signs of a criminally punishable act, shall –
entail a fine on individuals in amount of two hundred, on civil servants, subjects
of small entrepreneurship or non-profit organizations – in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Article 426. Violation of the rules of pharmaceutical activity
and scope of circulation of medical products, medical
accessories and medical devices
1. Violation of the rules for registration and reregistration, production,
manufacturing and quality control, testing (research), entry, procurement,
transportation, storage, marking, sale, applying (use), ensuring, destruction,
advertising of medical products, medical accessories and medical devices, if it did not
inflict harm to human health, shall –
entail a fine on individuals in amount of seventy, on civil servants – in amount
of one hundred, on subjects of small entrepreneurship – in amount of one hundred thirty,
on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
2. Production, procurement, transportation, storage, sale, applying (use),
advertising of unregistered, forbidden for applying medical products, medical
accessories and medical devices, if they did not entail infliction of harm to human
health, shall –
entail a fine on individuals in amount of one hundred, on civil servants – in
amount of one hundred fifty, on subjects of small entrepreneurship – in amount of two
hundred, on subjects of medium entrepreneurship – in amount of three hundred, on
subjects of large entrepreneurship – in amount of one thousand five hundred monthly
calculation indices, with suspension of the activity, with confiscation of medical
products and the products equated to them, medicinal and prophylactic food and food
supplements, as well as cosmetic units that are the direct subjects of commission of
administrative infraction and incomes obtained due to commission of the administrative
infraction.
3. Acts provided by parts one or two of this Article that entailed infliction of
harm to human health, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of two hundred, on civil servants – in
amount of three hundred, on subjects of small entrepreneurship – in amount of three
hundred fifty, on subjects of medium entrepreneurship – in amount of four hundred, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices, with confiscation of medical products, medical accessories and medical devices,
medicinal and prophylactic food and food supplements, as well as cosmetic units that are
the direct subjects of commission of administrative infraction and incomes obtained due
to commission of the administrative infraction.
Article 427. Violation of requirements of technical resistance
of objects and premises in the scope of turnover of narcotic
drugs, psychotropic substances, precursors
1. Violation of requirements of technical resistance of objects and premises in
the scope of turnover of narcotic drugs, psychotropic substances, precursors, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with suspension
of the activity of a legal entity.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
seventy five, on subjects of medium entrepreneurship – in amount of three hundred fifty,
on subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices, with the prohibition of the activity of a legal entity.
Article 428. Inaccurate advertising in the field of
public health service
Dissemination of advertising of medical services, methods and means of
preventative measures, diagnostics, treatment and medical rehabilitation by an
advertiser that does not have the license for carrying out the relevant type of
activity, as well as advertising of biological active food supplements without their
state registration, if this action does not have the signs of a criminally punishable
act, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty five, on subjects of small entrepreneurship – in amount of one hundred, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices.
Article 429. Avoidance from medical examination and treatment
of the persons contacting with those who are HIV infected, has
AIDS, venereal diseases, tuberculosis, as well as the persons
using narcotic drugs or psychotropic substances
without medical disposal
1. Avoidance from medical examination and treatment of the persons contacting with
those who are HIV infected, has AIDS, venereal diseases, tuberculosis, that continues
after written warning made by the health care institution, shall –
entail a fine in amount of five monthly calculation indices.
2. Avoidance from medical examination and treatment of the persons recognized as
suffering from alcoholism, drug addiction and substance abuse or in respect of whom
there are sufficient data that they use drugs or psychotropic substances without medical
disposal, shall –
entail a fine in amount of ten monthly calculation indices.
Article 430. Avoidance from treatment of the persons with the
diseases representing danger for wider public 1. Refusal from taking medical products and another avoidance from treatment of
the persons with the diseases representing danger for wider public, the list of which is
determined by the Government of the Republic of Kazakhstan, as well as the persons being
in contact with them and that are in need of preventive treatment, that continues after
written warning made by the health care institution, shall –
entail a fine in amount of five monthly calculation indices.
2. Avoidance of parents or the persons substituting them from treatment of minor
children with the diseases representing danger for wider public, the list of which is
determined by the Government of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
Article 431. Concealment of the source of infection by the
persons with diseases representing danger for the wider public
and the persons being in contact with them
Concealment of the source of infection by the persons with diseases representing
danger for the wider public and the persons being in contact with them, creating the
danger of infecting the other persons by these diseases, shall –
entail a fine in amount of five monthly calculation indices.
Article 432. Representation of knowingly false details and
information upon receipt of permitting documents for
engagement in medical, pharmaceutical activity 1. Representation of knowingly false details and information upon receipt of
permitting documents for engagement in medical, pharmaceutical activity, including by
falsification of the documents if this action does not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship –
in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. The same act committed repeatedly second time within a year after imposition of
administrative sanction, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Article 433. Violation of the obligation by the public health
service entities on informing the authorized bodies 1. Violation of the obligation by the public health service entities on informing
the authorized body in the field of public health service on the cases of infectious
diseases, intoxications, mental and behavioral disorders (diseases) representing the
danger for the wider public, the bodies of emergency situations on a threat of
occurrence and (or) on occurrence of medical and sanitary consequences of emergencies,
the internal affairs bodies – on the persons that referred concerning the fresh
injuries, wounds, criminal abortions, on cases of diseases representing the danger for
the wider public, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten monthly calculation indices.
2. The same action (omission) committed repeatedly second time within a year after
imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten monthly calculation indices with the
deprivation of the certificate, on civil servants – in amount of twenty monthly
calculation indices.
Chapter 25. ADMINISTRATIVE INFRACTIONS ENCROACHING
ON PUBLIC ORDER AND MORALITY
Article 434. Disorderly conduct
1. Disorderly conduct, i.e. abusive language in public places, offensive
harassment to individuals, contamination of residential premises, dirtying of the places
of common use, parks, public gardens, as well as release of household wastes in
unestablished places and other similar actions expressing disrespect to the wider
public, violating the public order and calm of individuals, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to ten days.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail administrative arrest for the term up to fifteen days.
3. Actions provided by a part two of this Article committed by persons in respect
of whom the administrative arrest shall not be applied in accordance with a part two of
Article 50 of this Code, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 435. Hooliganism committed by a minor Disorderly conduct or hooliganism provided by a part one of Article 293 of the
Criminal Code of the Republic of Kazakhstan committed by a minor at the age from
fourteen to sixteen, shall –
entail a fine on parents or the persons substituting them in amount of seven
monthly calculation indices.
Article 436. Shooting from fire arms, gas, air weapon, launch
of pyrotechnical substances and products with their
applying in inhabited localities
1. Shooting from fire arms, gas (with the exception of cases of self-protection),
air weapon in inhabited localities and at the places not assigned for this, shall –
entail a fine in amount of ten monthly calculation indices with confiscation of
the weapon or without such.
2. Explosion of the special and home-produced pyrotechnical devices in inhabited
localities and at the places not assigned for this, violating the rest of individuals,
established order and that did not entail infliction of the heavy material damage, shall
–
entail a fine in amount of ten monthly calculation indices with confiscation of
the pyrotechnical means and devices.
3. Actions provided by parts one and two of this Article committed by the minors
at the age up to sixteen, shall –
entail a notification or fine on parents or the persons substituting them in
amount of ten monthly calculation indices with the confiscation of the pyrotechnical
devices.
4. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of administrative sanction, and equally by
the person being brought to the administrative liability within a year for the
infraction provided by Article 437 of this Code, shall –
entail a fine in amount of fifteen monthly calculation indices with the
confiscation of the subject being a tool or instrument for commission of the
administrative infraction.
Article 437. Violation of silence
1. Violation of silence at night time (from 23 to 6 hours), as well as performance
of the works in residential premises and outside them with a noise not linked with
urgent necessity, impeding the normal rest and calm of the individuals, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or noon-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
2. The same action committed repeatedly second time within a year after imposition
of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or noon-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of ninety monthly calculation indices.
Article 438. Knowingly false call of special services 1. Knowingly false call of the bodies of the state fire-fighting service, police,
ambulance service, emergency services, shall –
entail a fine on individuals in amount of thirty monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction or committed during the
period of liquidation of the accidents, fires, consequences of natural disasters, shall
–
entail a fine on individuals in amount of sixty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed by the minors
at the age from fourteen to sixteen years, shall –
entail a notification or fine on parents and the persons substituting them in
amount of fifteen monthly calculation indices.
Article 439. Knowingly false information on a fact
of corruption
Reporting of knowingly false information on a fact of corruption to the body
leading the fight against corruption, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices.
Article 440. Drinking of alcohol or appearance in public
places in a state of intoxication 1. Drinking of alcohol in the streets and in other public places, except for the
trade and public catering organizations, in which the sale of alcohol drinks on draught
is permitted by the local executive body, or appearance in public places in a state of
intoxication offending the human dignity and public morality, shall –
entail a fine in amount of five monthly calculation indices.
2. Appearance of the persons under eighteen years in public places in a state of
intoxication, and equally drinking of alcohol by them, shall –
entail a fine on parents or the persons substituting them in amount of five
monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
4. Actions provided by parts one and two of this Article committed by a person
that was subjected twice to the administrative sanction within a year for drinking of
alcohol or appearance in public places in a state of intoxication, shall –
entail administrative arrest for the term up to five days.
5. Actions provided by a part four of this Article committed by the persons to
which the administrative arrest in accordance with a part three of Article 50 of this
Code may not be applied, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 441. Violation of the prohibition of consuming tobacco
products in separate public places
Footnote. Title of Article 441 is in the wording of the Law of the Republic of
Kazakhstan dated 06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Consumption of tobacco products in separate public places in which the
legislation of the Republic of Kazakhstan established the prohibition for consuming the
tobacco products, shall –
entail a fine on individuals in amount of three monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of six monthly calculation indices.
3. Breach of the legislation of the Republic of Kazakhstan by an employer,
providing allocation of the special places for consuming tobacco products, as well as
failure to take measures against the persons consuming the tobacco products in the
special places not defined for that, shall –
entail a fine on civil servants in amount of ten, on legal entities – in amount of
forty monthly calculation indices.
Footnote. Article 441 as amended by the Law of the Republic of Kazakhstan dated
06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 442. Appearance of minors in entertaining premises
or outside dwelling place at night time without accompanying
of legal representatives
Footnote. Title of Article 442 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Appearance of minors in entertaining premises at night time without
accompanying of legal representatives from 22 to 6 hours, shall –
entail a fine on legal representatives in amount of three monthly calculation
indices.
2. Appearance of minors without accompanying of legal representatives outside a
dwelling place from 23 to 6 hours, shall –
entail a notification on legal representatives.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of fifteen monthly calculation indices.
Footnote. Article 442 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 443. Insubordination to legal requirement of the person
that takes participation in ensuring public order 1. Insubordination to legal requirement of the person that takes participation in
ensuring public order, shall –
entail a fine in amount of five monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest up to five days.
Footnote. Article 443 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 444. Participation, involvement or access to
gambling games 1. Participation in gambling games (for money, things and other values) at the
places not allocated for that, and equally takings stacks for sport and other
competitions by the persons that do not have the special permission, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with the confiscation of playing accessories, money, things and other values.
2. Involvement and access of the citizens of the Republic of Kazakhstan at the age
up to twenty one year in playing gambling games and (or) betting for money, things and
other values, shall –
entail a fine on individuals in amount of three hundred monthly calculation
indices.
Article 445. Breach of the legislation of the Republic of
Kazakhstan on gambling business 1. Paragraph 1 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
2. Betting, taking (registration) of stacks, payment of winnings outside gambling
premises (totalizator counters or bookmaker's offices) or organization and conduct of
the gambling games and (or) betting providing taking of the stacks and (or) giving of
the winning in the form of one property, except for the money by the organizer of
gambling business, with the exception of the case established by the Law, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices, with suspension of the license validity term.
3. Non-compliance with the requirements of a percentage of the winning
technologically built into a game machine, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices, with the confiscation of the incomes received due to commission of the
administrative infraction, and suspension of the license validity term.
4. Non-fulfillment of the conditions on formation, use, ensuring of placing the
compulsory reserves on a permanent basis by an organizer of gambling business in the
manner and on conditions determined by the legislation of the Republic of Kazakhstan,
shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
5. Installation of game machines or their parts in walls, window and door
apertures in a casino and hall of game machines, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
Non-compliance with the requirements on equipping the pay offices and playing
places of gambling premises by video recording systems by an organizer of the gambling
business or violation of the terms for storage of recorded information or conditions of
recording, or non-fulfillment of the obligation to establish the equipment for
organization and conduct of betting, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
7. Paragraph 7 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
8. Use of game machines by an organizer of gambling business with the violation of
requirements of the legislation of the Republic of Kazakhstan in the field of technical
regulation, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
9. Paragraph 9 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
10. Paragraph 10 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
11. Actions (omission) provided by parts one, two, four, five, six, seven, nine
and ten of this Article committed repeatedly second time within a year after imposition
of the administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of four hundred, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices with the deprivation of the license.
12. Acts provided by parts three and eight of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of four hundred, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices with the confiscation of incomes received due to commission of the
administrative infraction, and deprivation of the license.
Footnote. Article 445 as amended by the Law of the Republic of Kazakhstan dated
24.04.2015 No. 310-V (shall be enforced upon expiry of twenty one calendar days after
the date of its first official publication).
Article 446. Advertising of the products of erotic content
Sale, distribution or advertising of the products of erotic content at the places
not allocated for these purposes, shall –
entail a fine on individuals in amount of twenty monthly calculation indices with
the confiscation of the products of erotic content.
Article 447. Violation of the rules for protection and use
of the monuments of history and culture
Violation of the rules for protection and use of the monuments of history and
culture protected by the state, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten monthly calculation indices.
Article 448. Vandalism of minors
Vandalism, i.e. contamination of the buildings, other structures, monuments of
history and culture, natural objects protected by the state, burial places of people by
signatures or drawings, or by other actions offending public morality, and equally
intended waste of the property on a transport or in other public places, committed by
the minors at the age under sixteen years, shall –
entail a fine on parents or the persons substituting them in amount of fifteen
monthly calculation indices.
Article 449. Harassment in public places
1. Harassment, i.e. importunate address in public places for the purpose of
purchase, sale, exchange or acquisition of the things by other method, by the person
that is not an entrepreneurship entity, as well as for the purpose of fortunetelling,
beggary, rendering of sexual services or solicitation of another services, shall –
entail a fine on individuals in amount of five monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to five days.
3. Actions provided by a part one of this Article committed a foreign person or
stateless person, shall –
entail an administrative arrest for the term up to five days with the
administrative expulsion beyond the borders of the Republic of Kazakhstan.
Footnote. Article 449 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 450. Provision of premises knowingly for
prostitution or procuration
1. Provision of premises knowingly for prostitution or procuration, shall –
entail a fine on individuals in amount of one hundred, on civil servants, subjects
of small entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship –
in amount of one thousand monthly calculation indices, with suspension of their activity
or separate types of activity for the term up to three months.
2. The same action committed repeatedly second time within a year after imposition
of the administrative sanction, shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants,
subjects of small entrepreneurship – in amount of two hundred, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of two thousand monthly calculation indices, with the termination of their
activity or separate types of activity for the term up to three years with the
confiscation of incomes received due to commission of the administrative infraction.
Chapter 26. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF PRINT AND INFORMATION
Article 451. Breach of the legislation of the Republic of
Kazakhstan on mass media 1. Distribution of the media products, as well as messages and materials of the
informational agency without registration or after issuance of a decision on suspension,
termination of their broadcast (airing) or recognition of a certificate on registration
as invalid, shall –
entail a fine on civil servants in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of three hundred
monthly calculation indices, with the confiscation of the media products.
2. Production, manufacturing, replication and (or) distribution of the media
products, as well as messages and materials of the informational agency without the
reregistration in cases of change of the owner or its legal organizational form, name,
as well as the name of mass media, changing language of publication or broadcasting,
territory of distribution, main thematic scope, periodicity of broadcasting, shall –
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in
amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand
monthly calculation indices, with the suspension of broadcast (airing) of the mass media
for the term up to three months.
3. Actions provided by a part two of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a prohibition of the broadcast (airing) of the mass media.
Article 452. Breach of the legislation of the Republic of
Kazakhstan on television and radio broadcasting
1. Breach of the legislation of the Republic of Kazakhstan on television and radio
broadcasting by television and radio broadcasting companies committed in the form of:
1) distribution of domestic television and radio programs less than established
rate of interest by domestic television and radio channels;
2) distribution of the television news programs on a television channel without
ensuring of sign language interpretation or translation in the form of subtitles;
3) distribution of additional information on a television channel exceeding
fifteen percent of the picture area;
4) failure to ensure the quality of providing television and radio programs by the
television and radio channels in accordance with the rules for connecting the technical
means of television and radio broadcasting to the operators’ networks of the television
and radio broadcasting, technical operation of the television and radio broadcasting
systems and requirements of the national standards of television and radio broadcasting,
shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred fifty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
3. Distribution of the programs through the television and radio channels in
Kazakh language less than a total volume of the programs in other languages in time
intervals with the length of six hours each, calculated from zero hours of local time,
shall –
entail a fine on civil servants in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of three hundred
monthly calculation indices, with the confiscation of printed or other products and
suspension of the broadcasting (airing) of the mass media for the term up to three
months.
4. Action provided by a part three of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship
– in amount of one thousand monthly calculation indices, with the deprivation of the
license for activity on organizing the television and (or) radio broadcasting and
prohibition of broadcasting (airing) of the mass media.
5. Broadcasting of the relay of the television and radio programs of foreign
television and radio channels in the weekly volume by domestic television and radio
channel, exceeding twenty percent of the total volume of television and radio programs,
shall –
entail a fine on civil servants in amount of fifty, on legal entities – in amount
of one hundred monthly calculation indices.
6. Action provided by a part five of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on legal entities – in
amount of two hundred monthly calculation indices, with the suspension of the
broadcasting (airing) of the mass media for the term up to three months.
7. Breach of the legislation of the Republic of Kazakhstan on television and radio
broadcasting by the operators of television and radio broadcasting committed in the form
of:
1) failure to distribute compulsory television and radio channels by the operators
of television and radio broadcasting;
2) violation of the conditions for relay of a television and radio channel by the
operators of television and radio broadcasting, shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
8. Acts provided by a part seven of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred fifty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
9. Breach of the legislation of the Republic of Kazakhstan on television and radio
broadcasting by television and radio broadcasting companies and operators of the
television and radio broadcasting committed in the form of:
1) organization of a system of community reception that does not provide
commercial purpose without the written consent of the owners of a building and (or)
buildings;
2) distribution of the television programs that may inflict harm to an individual,
moral and spiritual development of children and youth;
3) untimely distribution of a warning signal of the population by the operators of
television and radio broadcasting and television and radio companies on a threat to
life, health of people and procedure for the actions in the existing situation of
natural and technogenic character, as well as in behalf of defence, national security
and protection of public order;
4) use of technical means of television broadcasting that did not pass the
procedures for confirmation of conformity;
5) creation of noises for the radio transmitting and radio receiving communication
means by individually land satellite receiving facilities;
6) distribution of the television and radio channels by the operators of
television and radio broadcasting that are not registered, reregistered in the
authorized body, shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
10. Acts provided by a part nine of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred fifty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 453. Manufacturing, storage, inflow, transmission,
distribution of media products, and equally other products
in a territory of the Republic of Kazakhstan 1. Manufacturing, storage, inflow, transmission of the media products in a
territory of the Republic of Kazakhstan containing details and materials oriented to the
propaganda or agitation of the forcible change of constitutional order, violation of
integrity of the Republic of Kazakhstan, subversion of the state security, wars,
incitement of the social, race, national, religious, class and tribal dissension, cult
of cruelty, violence and pornography, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
twenty five, on subjects of small entrepreneurship or non-profit organizations – in
amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices, with the confiscation of the media products.
2. Distribution of the media products in a territory of the Republic of Kazakhstan
containing details and materials oriented to the propaganda or agitation of the forcible
change of constitutional order, violation of integrity of the Republic of Kazakhstan,
subversion of the state security, wars, incitement of the social, race, national,
religious, class and tribal dissension, propaganda and acquittal of extremism or
terrorism, as well as disclosing the technique and tactics of the anti-terrorist
operations during their conduct, if these actions do not contain the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
twenty five, on subjects of small entrepreneurship or non-profit organizations – in
amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices, with the confiscation of the media products.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of one hundred, on civil servants – in
amount of one hundred fifty, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of one
thousand five hundred monthly calculation indices, with the confiscation of the media
products with the deprivation of the licence for the activity on organizing the
television programs and (or) radio broadcasting and prohibition of the activity of a
legal entity.
4. Manufacturing, storage, inflow, transmission, distribution of another products
in a territory of the Republic of Kazakhstan that do not relate to the media products
containing details and materials oriented to the propaganda or agitation of the forcible
change of constitutional order, violation of integrity of the Republic of Kazakhstan,
subversion of the state security, wars, incitement of the social, race, national,
religious, class and tribal dissension, cult of cruelty, violence and pornography, if
these actions do not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of one hundred, on civil servants – in
amount of one hundred fifty, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of one
thousand five hundred monthly calculation indices, with the confiscation of the media
products.
5. Actions provided by parts three and four of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of two hundred, on civil servants – in
amount of three hundred, on subjects of small entrepreneurship or non-profit
organizations – in amount of three hundred fifty, on subjects of medium entrepreneurship
– in amount of four hundred, on subjects of large entrepreneurship – in amount of two
thousand monthly calculation indices, with the deprivation of the licence for the
activity on organizing the television and (or) radio broadcasting and prohibition of the
activity of a legal entity.
Article 454. Violation of the procedure for representing free
samples of periodical printed publications, fixation, storage
of the materials of television and radio programs
1. Non-representation of compulsory free samples of periodical printed
publications, as well as fixation and storage of the materials of television and radio
programs, shall –
entail a notification or fine in amount of ten monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices and suspension of
the broadcasting (airing) of the mass media for the term up to three months.
Article 455. Breach of the legislation of the Republic
of Kazakhstan on advertising
1. Production, dissemination, placement and use of advertising of the goods (works
and services) prohibited to advertising by the Laws of the Republic of Kazakhstan, shall
–
entail a fine on individuals in amount of fifty, on civil servants – in amount of
seventy, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of one hundred fifty,
on subjects of large entrepreneurship – in amount of four hundred monthly calculation
indices.
2. Violation of the requirements established by the Laws of the Republic of
Kazakhstan to the languages of dissemination of advertising, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
seventy, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of four hundred monthly calculation
indices.
3. The same action committed with the use of mass media, shall –
entail a fine on individuals in amount of seventy, on civil servants – in amount
of one hundred, on subjects of small entrepreneurship or non-profit organizations – in
amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of five hundred monthly
calculation indices.
4. Actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants –
in amount of one hundred seventy, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of six
hundred monthly calculation indices, with the suspension of broadcasting (airing) of
mass media for the term up to three months.
Article 456. Violation of the procedure for announcing
output information
1. Release of a periodical printed publication without established output
information, broadcast of television and radio programs of electronic mass media without
announcing own name, and equally with unclear or knowingly false output information,
shall –
entail a notification or fine in amount of twenty monthly calculation indices with
the confiscation of a circulation of the media products or without such.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices with the confiscation
of a circulation of the products and technical means used for production and
distribution of the media products, or suspension of broadcasting (airing) of mass media
for the term up to three months.
Chapter 27. ADMINISTRATIVE INFRACTIONS ENCROACHING ON
ESTABLISHED CONTROL PROCEDURE
Article 457. Breach of the legislation of the Republic
of Kazakhstan on the issues of the state registration
of regulatory legal acts
1. Non-representation of a regulatory legal act by a civil servant for the state
registration, subjected to such registration in the manner and in terms established by
the legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices.
2. Application of a regulatory legal act by a civil servant that ceased to be in
force in established manner, recognized by the court as invalid, officially unpublished
in the established manner, not entered into force, or the validation of which is
suspended by the authorized body, as well as that did not pass the state registration in
the bodies of justice, shall –
entail a fine in amount of twenty monthly calculation indices.
3. Actions provided by parts one or two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of thirty monthly calculation indices.
Article 458. Violation of the procedure for use the National
Flag of the Republic of Kazakhstan, National Emblem of the
Republic of Kazakhstan, as well as use and performance of the
National Anthem of the Republic of Kazakhstan 1. Illegal use the National Flag of the Republic of Kazakhstan, National Emblem of
the Republic of Kazakhstan and their images, as well as use and performance of the
National Anthem of the Republic of Kazakhstan with the violation of requirements of the
legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. Non-use of the state symbols in the cases when their use is compulsory, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
3. Acts provided by parts one and two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 459. Violation of the procedure for the following
official publication of the texts of regulatory legal acts
Violation of the procedure for the following official publication of the texts of
regulatory legal acts committed in the form of:
1) the following official publication of the texts of regulatory legal acts that
did not pass the examination for conforming the texts published by them to the reference
control bank of regulatory legal acts of the Republic of Kazakhstan;
2) non-publication in an exact conformity to the reference control bank of
regulatory legal acts of the Republic of Kazakhstan;
3) failure to indicate the date of entering into force;
4) following publication of the official texts of regulatory legal acts with the
annotations of a printed publication to the published regulatory legal acts, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 460. Violation of the term for filing the documents
to the state registration of rights to immovable property Violation of the term for filing the documents to the state registration of rights
to immovable property by individuals and (or) legal entities, established by the Law of
the Republic of Kazakhstan “On state registration of rights to immovable property”,
shall –
entail a fine on individuals in amount of ten, on legal entities – in amount of
twenty monthly calculation indices.
Article 461. Violation of protective prescription
Violation of protective prescription issued by the internal affairs body, shall –
entail a notification or administrative arrest for the term up to five days.
Article 462. Impeding to civil servants of the state
inspections and bodies of state control and supervision in
performing their official duties, failure to perform the
regulations, prescriptions and other requirements
1. Impeding to civil servants of the state inspections and bodies of state control
and supervision in performing their official duties in accordance with their competence
being expressed in a refusal to represent necessary documents, materials, statistical
(with the exception of the primary statistics) and other details, information on the
activity, on incomes, on equipping by instruments for metering the energy resources,
volume of consumption and losses of energy resources, water, on calculation and payment
of insurance contributions, on use of nuclear energy, in a refusal of access for
conducting the revisions, inspection, inventory, examination under the regulation of the
authorized body and other actions provided by the legislation, or in creation of another
obstacle in their carrying out, or provision of inaccurate information, shall –
entail a fine on individuals in amount of three, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of seven, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
3. Non-performance or improper performance of legal requirements or prescriptions,
presentations, regulations, issued by the bodies of state control and supervision (civil
servants), by civil servants of the state bodies within their competence, with the
exception of cases provided by Articles 162, 227 of this Code, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with the suspension of validity term of the permission for a certain type of
activity or separate types of activity.
4. Non-representation or untimely presentation of the information by inspected
subjects on measures that will be taken to eliminate the violations detected by the
bodies of control and supervision, shall –
entail a fine in amount of twenty monthly calculation indices.
5. Break of stamp (seal) imposed by a civil servant of the authorized body, with
the exception of the cases provided by a part two of Article 625, part one of Article
626 of this Code, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
Note.
1. The individual shall not be subject to bringing to the administrative liability
in accordance with parts one and two of this Article for refusal from representing
necessary documents, materials, statistical (with the exception of primary statistics)
and other details, information on equipping by instruments for metering the energy
resources, water.
2. Legal entity, with the exception of the state enterprises, limited liability
partnerships, joint stock companies, as well as national management holdings, national
holdings, national companies, the participant or shareholder of which is the state, as
well as branch, associated and other legal entities that are affiliated with them, shall
not be subject to bringing to the administrative liability in accordance with the parts
one and two of this Article for refusal from representing necessary documents, materials
statistical (with the exception of primary statistics) and other details, information on
equipping by instruments for metering the energy resources, water, volumes of
consumption and losses of energy resources and water in the case if such person consumes
the energy resources in the volume being equivalent to less than one thousand five
hundred tons of equivalent fuel per year.
Article 463. Engagement in entrepreneurial or another activity,
as well as carrying out of the actions (operations) without the
relevant registration, permission or filing of notification
1. Engagement in entrepreneurial or another activity, as well as carrying out of
the actions (operations) without the relevant registration, permission, and equally non-
filing of a notification in the cases when the registration, permission, filing of the
notification are compulsory, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship – in amount of twenty five, on subjects of medium
entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount
of one hundred fifty monthly calculation indices, with the confiscation of subjects and
(or) instruments for commission of the administrative infractions or without such, and
engagement in entrepreneurial or another activity without the license shall entail
additionally confiscation of incomes (dividends), money, securities received due to the
administrative infraction.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices, with the confiscation of subjects and (or) instruments for
commission of the administrative infraction, and engagement in entrepreneurial or
another activity without the license shall entail additionally confiscation of incomes
(dividends), money, securities received due to the administrative infraction.
Note. The liability on such Article shall not be applied to a notification on
currency operation and registration of currency operations carried out in accordance
with the Law of the Republic of Kazakhstan “On currency regulation and currency
control”, as well as to notifications carried out in accordance with the Law of the
Republic of Kazakhstan “On natural monopolies and regulated markets”.
Article 464. Violation of the rules for licensing
1. Violation of the rules for licensing established by the legislation of the
Republic of Kazakhstan, including non-conformance to the qualification requirements
submitted to the licensable types of activity, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of forty five, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices, with the
suspension of the licence validity term for particular type of activity or without such.
2. Representation of knowingly inaccurate information by a licensee upon
obtainment of the license, and equally the actions (omission) provided by a part one of
this Article committed repeatedly second time within a year after imposition of the
administrative sanction, as well as failure to eliminate the violations of the rules for
licensing that entailed bringing to the administrative liability, upon expiry of the
term for suspension of the license validity, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, with the
deprivation of the license for particular type of activity.
Footnote. Article 464 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 465. Violation of the procedure and terms for
issuance of permission 1. Violation of the terms for issuance of permission, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
2. Issuance of permission with the violation of the procedure established by the
legislation of the Republic of Kazakhstan on permissions and notifications, and equally
unreasonable refusal in issuing the permission, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of seventy monthly calculation indices.
Article 466. Breach of the legislation of the Republic of
Kazakhstan on state registration of legal entities and
record registration of branches and representatives
1. Carrying out of the activity without reregistration of a legal entity, its
branches and representatives in the cases provided by the legislation, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects
of large entrepreneurship – in amount of forty monthly calculation indices.
2. Untimely notification of a registering body on change of location of a legal
entity, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects
of large entrepreneurship – in amount of thirty monthly calculation indices.
Article 467. Non-return of a license and (or) license
addendum to a licenser
Non-return of a license and (or) license addendum by a licensee to a licenser
within ten business days from the date of termination of the license and (or) license
addendum validity term, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty, on legal entities – in amount of two hundred monthly calculation indices.
Article 468. breach of the legislation of the Republic of
Kazakhstan on the national registers of identification numbers 1. Divulgence of the details contained in the national registers of identification
numbers that are not subjected to divulgence, and equally non-fulfillment or improper
fulfillment of the obligations established by the legislation of the Republic of
Kazakhstan on the national registers of identification numbers, committed:
by the authorized body in the form of:
1) non-formation of the identification number within one business date from the
date of reference of the registering bodies;
2) non-representation of information to the registering state bodies and other
state institutions no later than two business days from the date of their references;
by the registering body in the form of:
1) untimely representation of details to the authorized body for formation of the
identification number within one business day from the date of receipt of such details;
2) non-representation of details to the authorized body for replenishment and
maintenance of the actual data status of informational systems of the national registers
of identification numbers within one business day from the date of receipt of such
details;
3) non-representation of details to the authorized body for exclusion or
conditional exclusion of the identification numbers from the national registers of
identification numbers within one business day from the date of receipt of such details;
by the state bodies and other state institutions in the form of:
1) non-representation of details established by the Government of the Republic of
Kazakhstan to the authorized body for replenishment and maintenance of the actual data
status of informational systems of the national registers of identification numbers
within one business day from the date of receipt of such details;
2) non-representation of details to the authorized body for exclusion or
conditional exclusion of the identification numbers from the national registers of
identification numbers within one business day from the date of receipt of such details;
3) non-considering the identification number upon issuance of the documents of
registration, permission and other nature in accordance with the legislation of the
Republic of Kazakhstan;
by banks and organizations carrying out separate types of banking operations in
the form of
1) non-considering the identification number, as well as failure to control the
correctness of stating in accordance with an algorithm of formation of an identification
number established by the legislation of the Republic of Kazakhstan, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
Article 469. Violation of the requirements submitted to the
activity on assembling, checking and technical maintenance
of the means of security alarm 1. Violation of the requirements by individuals or legal entities submitted to the
activity on assembling, checking and technical maintenance of the means of security
alarm by the Law of the Republic of Kazakhstan “On security activity”, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, and equally non-
elimination of the violation provided by a part one of this Article that entailed
bringing to the administrative liability, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of ninety nine, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of three hundred
fifty monthly calculation indices with the prohibition of activity.
Article 470. Breach of the legislation of the Republic of
Kazakhstan in the field of security activity
1. Breach of the legislation of the Republic of Kazakhstan in the field of
security activity committed in the form of:
1) non-performance and (or) improper performance of the requirements on ensuring
the engineering and technical strengthening of the objects subjected to the state
protection approved by the Government of the Republic of Kazakhstan;
2) provision of a right to foreign legal entities, legal entities with foreign
participation, foreign persons, as well as stateless persons to carry out all the types
of security activity; to establish or be a founder (founders) of the private protective
organizations; to have a private protective organization in a trust management;
3) accept the persons that do not conform to the requirements of paragraph 6 of
Article 6 of the Law of the Republic of Kazakhstan “On security activity” on position of
a guard of a private protective organization;
4) failure to perform the requirements on providing a standard type document to
the guard upon fulfilling own employment duties that certifies his (her) identity and
belonging to the private protective organization, and special uniform;
5) non-compliance with the restrictions provided by Article 17-1 of the Law of the
Republic of Kazakhstan “On security activity”;
6) carrying out of the activity on training and raising of qualification of the
workers holding positions of a head and guard in the private protective organization
with the violation of requirements established by the legislation of the Republic of
Kazakhstan, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of
large entrepreneurship – in amount of one hundred twenty monthly calculation indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, and equally
failure to eliminate the violation provided by a part one of this Article that entailed
bringing to the administrative liability, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
eighty, on subjects of medium entrepreneurship – in amount of one hundred thirty, on
subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation
indices, with the prohibition of the activity or without such.
Article 471. Non-fulfillment of the obligations by the local
executive bodies and other authorized state bodies established
by the tax legislation of the Republic of Kazakhstan
1. Non-transfer, untimely or incomplete transfer of the sums of taxes and other
compulsory payments into the budget subjected to transfer into the budget by the local
executive bodies or authorized state bodies in accordance with the tax legislation of
the Republic of Kazakhstan and bodies mentioned in this part, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
2. Non-representation, untimely, inaccurate or incomplete representation of the
details determined by the tax legislation of the Republic of Kazakhstan for
representation to the state revenues bodies by the local executive bodies and other
authorized state bodies, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
3. Failure to perform the requirements by the authorized state and local executive
bodies on elimination of the violations detected in results of the tax control and
mentioned in the act of control, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
4. Actions (omission) provided by parts one, two of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine on civil servants in amount of sixty monthly calculation indices.
Footnote. Article 471 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 472. Violation of the rules for accounting and the
following use of property received in ownership of the state on
separate grounds, in cases provided by the legislative acts
1. Incomplete and (or) untimely transfer of property to the authorized body
received in ownership of the state on separate grounds, if these acts do not have the
signs of a criminally punishable act, specifically:
1) confiscated on the ground of court acts to the state budget;
2) material evidences on the ground of court acts turned into the state budget;
3) treasures containing the things related to the monuments of history and
culture;
4) gifts that came to a person authorized to perform the state functions, or to
the person equated to him (her), as well as their family members and subjected to
delivery to the special state fund without compensation;
5) transferred into republican ownership in the other cases provided by the
legislative acts, including goods and transport vehicles registered in a customs regime
of refusal in behalf of the state;
6) recognized ownerless in established manner;
7) transferred to the state by the right of succession, as well as escheated
succession;
8) findings;
9) neglected animals, shall –
entail a fine on individuals in amount of eight, on civil servants – in amount of
fifteen, on legal entities – in amount of forty five monthly calculation indices.
2. Non-compliance with the procedure for accounting, storage, assessment and sale
of the property received in ownership of the state on separate grounds committed in the
form of:
1) non-ensuring of storage of the documents certifying occurrence of the right of
ownership of the state;
2) choice of an organizer of auction not by the state procurement of the services
on organization and conduct of the auctions;
3) failure to destroy the property that is not sold at the minimal price;
4) untimely transfer of the sums from selling such property to the state budget,
shall –
entail a fine on civil servants in amount of fifteen, on legal entities – in
amount of forty five monthly calculation indices.
Article 473. Divulgence of the details that are the tax secrets
Divulgence of the details that are the tax secrets without professional or
official necessity by the persons that became known on such details in the manner
established by the tax legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of forty monthly calculation indices.
Article 474. Carrying out of particular actions by the bodies
(organizations) being authorized by the state without recovery
of taxes and other compulsory payments to the budget, and
equally without receipt of the documents
confirming such payment
1. Carrying out of legally significant actions provided by the legislation of the
Republic of Kazakhstan by bodies (organizations) being authorized by the state without
recovery of taxes and other compulsory payments to the budget, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
2. Carrying out of legally significant actions provided by the legislation of the
Republic of Kazakhstan by the bodies (organizations) authorized by the state, without
receipt of the document confirming payment of taxes and other compulsory payments to the
budget in the cases when the receipt of confirming document is provided by the
legislative acts, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
3. Actions provided by parts one and two and this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of seventy monthly calculation indices.
Article 475. Refusal in tax registering or violation of the
terms for tax registration
1. Refusal in tax registering of a tax payer or registration of the tax payer as a
payer of value added tax, and equally violation of the terms for such registration
(recording) by a civil servant of the state revenues bodies established by the tax
legislation, shall –
entail a fine in amount of twenty monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of forty monthly calculation indices.
Article 476. Violation of the emergency situation
Violation of the regime or failure to perform the requirements established by the
state body due to announcement of emergency situation, as well as non-execution of legal
orders and regulations of a governor of a region, if these actions (omission) do not
contain the signs of a criminally punishable act, insofar as:
1) special regime of entry and departure;
2) prohibition to leave particular place, own flat (house) for particular
individuals for established term;
3) prohibition of holding the meetings, rallies, marches and demonstrations, as
well as entertaining, sport and other mass events;
4) prohibition of strikes;
5) restriction or prohibition of trade in arms, virulent chemical and poisonous
substances, as well as alcohol drinks and alcohol-containing substances;
6) quarantine and conduct of other compulsory sanitary- epidemiological measures;
7) restriction or prohibition of using multiplying technology, as well as radio
and television transmitting equipment, audio and video recording technology;
prescriptions on withdrawal of audio amplifier technical means; measures to ensure
control of the mass media;
8) special rules for using communications;
9) traffic limitation of the transport vehicles and conduct of their search;
10) prohibition to stay on the streets or in other public places for individuals
during the curfew restrictions without specially issued passes and documents certifying
their identity or to stay outside own dwelling place without the documents certifying
identity, shall –
entail a notification or fine in amount of ten monthly calculation indices or
administrative arrest for the term up to fifteen days.
Article 477. Violation of the legal regime in a zone of
conducting anti-terrorist operation
Violation of the legal regime or failure to perform the requirements established
due to announcement of the anti-terrorist operation, insofar as:
1) special regime of entry and departure;
2) prohibition to stay on the separate fields of location and objects for
individuals, as well as obstruction of towing transport vehicles;
3) obstruction of inspecting the documents certifying identity of the individuals,
conduct of personal inspection and search of the things being in possession of the
individual, search of transport vehicles;
4) special rules for using communications;
5) obstruction of taking the transport vehicles for delivery of the persons being
in need of emergency medical care to the medical institutions, transit to the place of
commission of the act of terrorism, as well as for pursuing and detention of the persons
being suspected in commission of the act of terrorism, if delay may create a real threat
to life or health of the people;
6) suspension of the activity of hazardous production objects;
7) obstruction of temporary resettlement of individuals residing within the limits
of the territory on which the legal regime of anti-terrorist operation is imposed;
8) introduction of quarantine, conduct of sanitary epidemiological, veterinary
measures and measures on plant quarantine;
9) obstruction of entry to residential and other premises being in the ownership
or in possession and in use of individuals and legal entities, and to the land fields
belonging to them on the basis of the right of private ownership or land use;
10) restriction or prohibition of trade in arms, ammunition, explosive substances,
virulent chemical and poisonous substances, establishment of the special regime of
turnover of medical products, narcotic drugs, psychotropic substances and precursors,
ethyl alcohol and alcohol products, shall –
entail a fine on individuals in amount of twenty monthly calculation indices or
the administrative arrest for the term up to fifteen days, on subjects of small
entrepreneurship or non-profit organizations – in amount of eighty five, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices, with the
suspension of the activity of hazardous production objects.
Article 478. Actions provoking the violation of legal order
in emergency conditions
Actions provoking the violation of legal order or spreading the national and
religious dissension, active obstruction of the exercising own legal rights and
obligations by individuals and civil servants, and equally malicious insubordination to
the legal regulation or requirement of the employee of the bodies of internal affairs,
national security, the military servant, representatives of power or society fulfilling
official duties or public debt on protection of the public order, or the actions
violating the public order and calm of the individuals, as well as breach of the
legislation on administrative supervision committed at the place where the emergency
situation is imposed, shall –
entail a fine in amount of forty monthly calculation indices or administrative
arrest for the term up to thirty days.
Article 479. Failure to report on taken measures on
elimination of the reasons and conditions promoting
commission of infraction
Failure to report on taken measures on elimination of the reasons and conditions
promoting commission of crimes and administrative infractions by a head of organization
and other persons, upon the recommendations of the bodies (civil servants) considering
the case, shall –
entail a fine in amount of ten monthly calculation indices.
Article 480. Breach of the legislation of the Republic of
Kazakhstan on administrative supervision 1. Failure to perform the rules of administrative supervision by a person released
from the places of deprivation of freedom or restrictions imposed in respect of him
(her) by the court, shall –
entail a notification or fine in amount of ten monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices or administrative
arrest up to fifteen days.
Article 481. Transfer of banned substances, products and
subjects to the persons detained in the correctional system
facilities, special institutions
1. Transfer or attempt to transfer of alcohol drinks, medical and other substances
having dopey effect, money, food products, products and other subjects by any method to
the persons detained in the correctional system facilities, special institutions
prohibited for storage and use in these institutions, hidden from searching, shall –
entail a notification or fine in amount of ten monthly calculation indices, with
the confiscation of a subject being a tool or subject of commission of the
administration infraction.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices or administrative
arrest for the term up to thirty days, with the confiscation of a subject being a tool
or subject of commission of the administrative infraction.
Article 482. Illegal acquisition, transfer, sale, keeping,
bearing, carriage of weapons by individuals and legal entities
1. Illegal acquisition, transfer, sale, keeping, bearing, carriage of smoothbore,
gas weapons and ammunition to them not registered in the internal affairs bodies, as
well as electric, pneumatic weapons with a muzzle energy more than 7,5 Joul, a caliber
more than 4,5 millimeters, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of forty monthly calculation indices, with the confiscation of weapons.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices, with the confiscation of weapons.
Note. The person that delivered illegally kept weapons on a voluntary basis shall
be released from administrative liability, if his (her) actions does not have the
components of another infraction.
Article 483. Violation of the procedure for storage,
accounting, use, carriage, trade, destruction, entry,
inflow of non-military pyrotechnical substances
and products with their applying
1. Violation of the procedure for storage, accounting, use, carriage, trade,
destruction, entry, inflow of non-military pyrotechnical substances and products with
their applying by the persons having the licenses for the right to activity in the scope
of turnover of non-military pyrotechnical substances and products with their applying,
shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of forty five monthly calculation indices, with the confiscation of non-military
pyrotechnical substances and products with their applying.
2. Sale of non-military pyrotechnical products of the 4 hazard class outside the
places of their storage and (or) to the persons that do not have the license for
acquisition of non-military pyrotechnical products of the 4 hazard class, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of seventy monthly calculation indices, with the confiscation of non-military
pyrotechnical substances and products with their applying.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices, with the confiscation of non-military
pyrotechnical substances and products with their applying.
Article 484. Violation of the rules for acquisition, keeping,
use or carriage of non-military service weapons,
ammunition to them
1. Violation of the rules for acquisition, keeping, use or carriage of non-
military service weapons, ammunition to them by individuals having permission of the
internal affairs bodies for keeping, bearing of the weapons, shall –
entail a fine in amount of five monthly calculation indices.
2. Violation of the rules for acquisition, keeping or carriage of the service
weapons, ammunition to them by workers of the organizations being liable for their
preservation, and equally use of the service weapons and ammunition to them not
according to the purpose intended, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 485. Unlawful applying gas weapons
1. Unlawful applying gas weapons, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices with the
confiscation of weapons or without such.
Article 486. Violation of the procedure for registration
(reregistration) of non-military and service weapons
or procedure for their recording 1. Violation of the procedure for registration (reregistration) of non-military
and service weapons or the rules for their recording that is expressed in violation of
the terms for:
1) registration and obtainment of a permission for keeping and (or) bearing of
weapons by an individual after their acquisition;
2) referring of an individual to the internal affairs body on prolongation of the
permission for keeping and (or) bearing of non-military weapons;
3) notifying the internal affairs body by the owner of weapons on loss or theft of
the weapons belonged to him (her);
4) referring of an individual to the internal affairs body for recording of the
weapons upon change of the residence place;
5) registration of the service and (or) non-military weapons in the internal
affairs bodies by a legal entity after their acquisition, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of forty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of seventy monthly calculation indices.
Article 487. Evading from delivery of non-military weapons,
ammunition to them for selling
Evading from delivery of non-military weapons, ammunition to them for selling by
the individuals, the permission of whom for keeping and bearing them is annulled, shall
–
entail a fine in amount of five monthly calculation indices.
Article 488. Breach of the legislation of the Republic of
Kazakhstan on the procedure for organizing and holding peaceful
meetings, rallies, marches, pickets and demonstrations
1. Breach of the legislation of the Republic of Kazakhstan on the procedure for
organizing and holding peaceful meeting, rally, march, pickets and demonstration or
another public event or obstruction of their organizing or holding, and equally
participation in illegal meetings, rallies, marches, demonstrations, if these actions do
not have the signs of a criminally punishable act, shall –
entail a notification or fine on individuals in amount of twenty monthly
calculation indices, on civil servants – fine in amount of fifty monthly calculation
indices or arrest for the term up to ten days.
2. Provision of a premise or another property (communications means, multiplying
technology, equipment, transport) by the heads and other civil servants of organizations
to the participants of unauthorized meeting, rally, picketing, demonstration or another
public event or creation of the other conditions for organizing and holding such events,
shall –
entail a fine in amount of twenty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after applying the measures of administrative sanction or by
an organizer of the meeting, rally, march, demonstration, shall –
entail a fine in amount of fifty monthly calculation indices or administrative
arrest for the tem up to fifteen days.
Article 489. Breach of the legislation of the Republic of
Kazakhstan on public associations, as well as management,
participation in the activity of public, religious associations
that are not registered in the manner established by the
legislation of the Republic of Kazakhstan, financing
of their activity
1. Commission of the actions by the heads, members of a public association or by
the public association that are beyond the purposes and tasks determined by the charters
of these public associations, shall –
entail a notification or fine on legal entities in amount of one hundred monthly
calculation indices.
2. Commission of the actions by the heads, members of a public association or by
the public association breaching the legislation of the Republic of Kazakhstan, shall –
entail a notification or fine on legal entities in amount of one hundred monthly
calculation indices with the suspension of the activity of a public association for the
term from three to six months.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on legal entities in amount of one hundred fifty monthly calculation
indices with the suspension of the activity of a public association for the term from
three to six months.
4. The action provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, and equally failure
to eliminate the violations provided by a part three of this Article, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices with the prohibition of the activity of a public association.
5. Financing of political parties by foreign legal entities and international
organizations, legal entities with foreign participation, state bodies and
organizations, charitable organizations, shall –
entail a fine on civil servants in amount of four hundred, on legal entities – in
amount of two thousand monthly calculation indices, with the confiscation of illegal
donations.
6. Acceptance of illegal donations by a political party, shall –
entail a fine in amount of four hundred monthly calculation indices with the
confiscation of the illegal donations and prohibition of the activity of the political
party.
7. Failure to publish annual accounts on financial activity of a political party
within the terms and volume established by the legislation of the Republic of
Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices with the
suspension of the activity of the political party for the term up to six months.
8. Carrying out of the activity of a political party, its structural subdivisions
(branches and representatives) without reregistration in the cases provided by the
legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices with the
prohibition of the activity of the political party.
9. Management of the activity of public, religious associations not registered in
the manner established by the legislation of the Republic of Kazakhstan, and equally the
activity of which is suspended or prohibited, shall –
entail a fine in amount of one hundred monthly calculation indices.
10. Participation in the activity of public, religious associations not registered
in the manner established by the legislation of the Republic of Kazakhstan, and equally
the activity of which is suspended or prohibited, shall –
entail a fine in amount of fifty monthly calculation indices.
11. Financing of the activity of public, religious associations unregistered in
the manner established by the legislation of the Republic of Kazakhstan, and equally the
activity of which is suspended or prohibited, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 490. Breach of the legislation of the Republic of
Kazakhstan on religious activity and religious associations 1. Violation of the requirements established by the legislation of the Republic of
Kazakhstan to:
1) conduct of religious customs, ceremonies and (or) meeting;
2) carrying out of charitable activity;
3) entry, release, publication and (or) distribution of the religious literature
and other materials of religious content, subjects of religious destination;
4) construction of cultic buildings (structures), reprofiling (change of
functional purpose) of buildings (structures) into cultic buildings (structures), shall
–
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices with the suspension of the activity for the term
of three months.
2. Obstruction of legal religious activity, and equally the violation of civil
rights of individuals on the grounds of relation to the religious or insult of their
religious feelings or desecration of the subjects, structures and places being respected
by the followers of a particular religious, if all the above mentioned actions do not
contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of fifty, on civil servants – in amount of
one hundred, on legal entities – in amount of two hundred monthly calculation indices.
3. Carrying out of a missionary work without registration (reregistration), and
equally use of religious literature, informational materials of religious content and
subjects of religious purpose by the missionaries without the favourable conclusion of
the religious examination, the distribution of religious denomination of the religious
associations unregistered in the Republic of Kazakhstan, shall –
entail a fine on citizens of the Republic of Kazakhstan in amount of one hundred
monthly calculation indices, on foreign persons and stateless persons – in amount of one
hundred monthly calculation indices with the administrative expulsion beyond the
Republic of Kazakhstan.
4. Carrying out of the activity by a religious association that is not provided by
its charter, shall –
entail a fine in amount of three hundred monthly calculation indices with the
suspension of the activity for the term up to three months.
5. Engagement in political activity by a religious association, and equally
participation in the activity of political parties and (or) rendering of financial
support, interference in the activity of the state bodies or assumption of the functions
of the state bodies or their civil servants by the members of religious associations,
shall –
entail a fine in amount of three hundred monthly calculation indices with the
suspension of the activity for the term up to three months.
6. Creation of organizational structures of religious associations in the state
bodies, organizations, institutions, as well as public health and educational
organizations, shall –
entail a fine on civil servants in amount of one hundred, on legal entities – in
amount of two hundred monthly calculation indices.
7. Management of a religious association by the person appointed by a foreign
religious centre without coordination with the authorized body, and equally failure to
take measures by a head of the religious association to non-admitting involvement and
(or) participation of minors in the activity of the religious association in case of
objection of one of the parents of the minor or his (her) other legal representatives,
shall –
entail a fine in amount of fifty monthly calculation indices with the
administrative expulsion beyond the Republic.
8. Actions (omission) provided by parts one, two, three, four, five and seven of
this article committed repeatedly second time within a year after imposition of the
administrative sanction, shall –
entail a fine on individuals in amount of two hundred, on civil servants in amount
of three hundred, on legal entities – in amount of five hundred monthly calculation
indices with the prohibition of their activity.
Article 491. Violation of the rules for registration of
the acts of civil status Concealment of the circumstances obstructing marriage, or informing false details
to the civil registry bodies, shall –
entail a fine in amount of five monthly calculation indices.
Article 492. Residence in the Republic of Kazakhstan without
registration or without the documents certifying identity
1. Residence of the citizens of the Republic of Kazakhstan without identity
certificate or with invalid identity certificate or without the registration at the
place of residence for the term from ten calendar days to three months, shall –
entail a notification.
2. Residence of the citizens of the Republic of Kazakhstan without identity
certificate or with invalid identity certificate or without the registration at the
place of residence for the term more than three months, shall –
entail a fine in amount of five monthly calculation indices.
3. The act provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
4. Permanent residence of a foreign person or stateless person in the Republic of
Kazakhstan without the registration at the place of residence, or without the residence
permit or without certificate of a stateless person or with invalid residence permit,
certificate of the stateless person for the term more than ten calendar days, as well as
untimely notifying the internal affairs bodies on loss of passport, residence permit or
certificate of the stateless person, shall –
entail a fine in amount of five monthly calculation indices.
5. Acts provided by a part four of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 493. Admission of registering individuals by the owner
of a dwelling place or other persons the authority of which
includes dwelling places, buildings and (or) premises,
that do not live there in fact 1. Admission of registering individuals by the owner of a dwelling place or other
persons the authority of which includes dwelling places, buildings and (or) premises,
that do not live in the dwelling places, buildings and (or) premises belonging to the
owner or being under authority of the other persons, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of twenty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of thirty monthly calculation indices.
3. Failure to take measures by the owner of a dwelling place or other persons the
authority of which includes the dwelling places, buildings and (or) premises on removing
the registration of the individuals registered and not residing in the dwelling places,
buildings and (or) premises belonging to the owner or being under authority of the other
persons, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of forty monthly calculation indices.
4. The act provided by a part three of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of eighty monthly calculation indices.
Article 494. Illegal confiscation of passports, identity
certificates or taking them in pledge
1. Illegal confiscation of passports, identity certificates or taking them in
pledge from the citizens, shall –
entail a notification or fine in amount of five monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 495. Representation of knowingly false details to the
state bodies of the Republic of Kazakhstan upon acceptance of
the documents certifying identity, or upon filing an
application for obtainment of the permission of r a permanent
residence in the Republic of Kazakhstan or on conferment of
citizenship of the Republic of Kazakhstan or restoration of
citizenship of the Republic of Kazakhstan
1. Representation of knowingly false details to the state bodies of the Republic
of Kazakhstan upon receipt of the documents certifying identity, shall –
entail a fine in amount of twenty monthly calculation indices.
2. Representation of knowingly false details to the state bodies of the Republic
of Kazakhstan by a foreign person or stateless person upon filing an application for
obtainment of the permission for a permanent residence in the Republic of Kazakhstan or
on conferment of citizenship of the Republic of Kazakhstan or restoration of the
citizenship of the Republic of Kazakhstan, shall –
entail the administrative expulsion beyond the Republic of Kazakhstan.
Article 496. Breach of the legislation of the Republic
of Kazakhstan on citizenship
1. Use of passport and (or) identity certificate of a citizen of the Republic of
Kazakhstan by a person that lost the citizenship of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of one hundred monthly calculation indices.
2. Failure to report on a fact of acquisition of the foreign citizenship within
the terms established by the legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices or
administrative expulsion beyond the Republic of Kazakhstan.
3. The acts provided by parts one and two of this Article committed by the persons
being at the state service, as well as by the persons carrying out the functions of a
representative of authority or performing organizational and management or
administrative and economic functions in the state bodies, shall –
entail a fine in amount of three hundred monthly calculation indices.
Footnote. Article 496 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 497. Violation of the procedure for representation
of primary statistics 1. Representation of inaccurate primary statistics to the relevant bodies of the
state statistics, shall –
entail a notification.
2. Representation of primary statistics to the relevant bodies of the state
statistics within established term, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of seven, on subjects of medium entrepreneurship – in
amount of ten, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
3. The acts provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of seven, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 498. Refusal, non-representation, untimely
representation, concealment, additions and other deviations
of legal statistics data and special accountings
1. Refusal, non-representation to the state body carrying out the activity in the
field of legal statistics and special accountings, legal statistics data and special
accountings, their representation with the violation of established term, concealment,
additions and other intended deviations of the legal statistics data and special
accountings, and equally obstruction of receiving the legal statistics information and
details of the special accountings in any form, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
2. The same actions committed in the field of health care service, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
Article 499. Violation of the procedure for representing
administrative data
1. Representation of administrative sources of inaccurate administrative data by
civil servants to the authorized body in the field of state statistics, shall –
entail a fine in amount of ten monthly calculation indices.
2. Non- representation of the administrative sources of administrative data by
civil servants to the authorized body in the field of state statistics, shall –
entail a fine in amount of ten monthly calculation indices.
3. The acts provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 500. Refusal from conduct of the state statistical
supervision Refusal of civil servants from fulfillment of the state obligations imposed on
them on conduct of statistical supervision or their untimely fulfillment, shall –
entail a notification or fine in amount of ten monthly calculation indices.
Article 501. Loss, sale, transfer or another illegal
divulgation of primary statistics, statistical information
and (or) data bases by a civil servant Loss, sale, transfer or another illegal divulgation of primary statistics,
statistical information and (or) data bases allowing to identify a respondent by the
civil servant of the state statistical bodies, with the exception of cases provided by
Article 8 of the Law of the Republic of Kazakhstan “On state statistics”, if these
actions do not contain the signs of a criminally punishable act, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 502. Collection of primary statistics in the
unapproved statistical form Collection of primary statistics in the unapproved statistical form, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 503. Collection of administrative data in
the uncoordinated form
Collection of administrative data in the uncoordinated form, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 504. Violation of established requirements in the scope
of protection of the state secrets, as well as in work with
service classified information
1. Violation of established procedure for access or admission to the state
secrets, shall –
entail a fine in amount of twenty monthly calculation indices.
2. Violation of established requirements on ensuring the secrecy order by the
persons admitted to work with the state secrets or their carriers, if these actions do
not contain the signs of a criminally punishable act, shall –
entail a fine in amount of twenty monthly calculation indices.
3. Unreasonable classification of details and their carriers that are not
subjected to classification, use of the secrecy labels and other restrictive labels for
classifying the details that are not related to the state secrets, if these actions do
not contain the signs of a criminally punishable act, shall –
entail a fine in amount of twenty monthly calculation indices.
4. The actions mentioned in a part three of this Article committed for the purpose
of concealing the violation of legality, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Unreasonable disclosure of details and their carriers constituting the state
secrets, violation of the terms for disclosing the carriers established upon their
classification, with the exception of the cases provided by the legislation on state
secrets, if these actions do not contain the signs of a criminally punishable act, shall
–
entail a fine in amount of twenty monthly calculation indices.
6. Violation of established requirements of working with service classified
information by the persons admitted to it due to professional or service activity that
entailed disclosure or loss of these details, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 505. Violation of the rules for site improvement of the
territories of cities and inhabited localities, as well as
destruction of infrastructure facilities, destruction and
damage of green plantings of a city and inhabited localities
1. Violation of the rules for site improvement of the territories of cities and
inhabited localities, as well as destruction of infrastructure facilities, destruction
and damage of green plantings of a city and inhabited localities, shall –
entail a notification or fine on individuals in amount of twenty, on subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a part one of this Article committed repeatedly second time within a year
after imposition of the administrative sanction, shall –
entail a notification or fine on individuals in amount of twenty, on subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 506. Illegal entry to protected objects Illegal entry to the object protected in accordance with the legislation of the
Republic of Kazakhstan by the Service Protection Service, bodies and subdivisions of the
National Security Committee, Internal Affairs Ministry, Ministry of Defence, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
arrest for the term up to fifteen days.
Article 507. Obstruction of the activity of participants of
the national preventive mechanism
Obstruction of the legal activity of participants of the national preventive
mechanism by a civil servant with the use of official position, and equally interference
to this activity committed by the civil servant with the use of own official position
that entailed essential violation of their rights and legal interests, shall –
entail a fine in amount of forty monthly calculation indices.
Article 508. Divulgence of details on a private life of
a person by participants of the national preventive mechanism
became known to them in the course of preventive visits Divulgence of details on a private life of a person by participants of the
national preventive mechanism became known to them in the course of preventive visits,
without the consent of the person, if these actions do not contain the signs of a
criminally punishable act, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 509. Destruction of documents of the National
archive fund 1. Destruction of documents of the National archive fund, personnel documents
without coordination with the authorized body or local executive body of the oblast,
city of republican significance, the capital, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of
twenty, on subjects of large entrepreneurship – in amount of forty monthly calculation
indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount
of forty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
Chapter 28. ADMINISTRATIVE INFRACTIONS ENCROACINH ON
ESTABLISHED MANNER OF THE STATE BORDER REGIME OF THE
REPUBLIC OF KAZAKHSTAN AND PROCEDURE FOR STAYING IN A
TERRITORY OF THE REPUBLIC OF KAZAKHSTAN
Article 510. Violation of the frontier regime in a frontier
zone and procedure for staying in separate locations
1. Violation of the frontier regime in a frontier zone upon entry (passage),
temporary staying or movement in the frontier zone:
1) by a citizen of the Republic of Kazakhstan without the documents certifying
identity;
2) by a foreign person or stateless person without the documents certifying
identity, and the passes issued by the internal affairs bodies;
3) by a foreign person (inhabitant of the border districts of neighboring states)
that entered the Republic of Kazakhstan through the simplified checkpoints without the
documents certifying identity, and the pass issued by the National Security Committee of
the Republic of Kazakhstan, and equally change of the route upon transit through the
frontier zone by a foreign person or stateless person on the lines of international
railway and automobile communications to the checkpoint for the purpose of departure
from the Republic of Kazakhstan, shall –
entail a fine in amount of five monthly calculation indices.
2. Carrying out of economic, fishing and other activity, conduct of public and
political, cultural and other measures in a frontier zone without notifying the Frontier
Service of the National Security Committee of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of seventy five
monthly calculation indices.
3. Entry (passage), temporary staying or movement of a foreign person or stateless
person in a territory of the Republic of Kazakhstan, temporary closed for visiting by
foreign persons and stateless persons without the permission of the Ministry of Foreign
Affairs of the Republic of Kazakhstan and Internal Affairs Bodies, shall –
entail a fine in amount of ten monthly calculation indices.
Article 511. Violation of restrictions established in
a territory of forbidden zone under arsenals, bases and
warehouses of the Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of
Kazakhstan and the forbidden district under arsenals, bases and
warehouses of the Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic
of Kazakhstan 1. Staying of individuals in a territory of forbidden zone under arsenals, bases
and warehouses of the Armed Forces of the Republic of Kazakhstan, other forces and
military formations of the Republic of Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices.
2. Construction and conduct of any works, with the exception of the works
performed for the purpose of ensuring counter-sabotage and fire security in a territory
of forbidden zone under arsenals, bases and warehouses of the Armed Forces of the
Republic of Kazakhstan, other forces and military formations of the Republic of
Kazakhstan, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
3. Shooting from fire arms, use of pyrotechnical means, as well as arrangement of
shooting ranges, stands and firing ranges in a territory of forbidden district under
arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other
forces and military formations of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Article 512. Violation of the regimes of territorial waters
(sea) and internal waters of the Republic of Kazakhstan
1. Violation of the regimes in territorial waters (sea) and internal waters of the
Republic of Kazakhstan, Kazakhstan’s part of the frontier rivers, lakes and other water
reservoirs being expressed in non-compliance with the established procedure for
accounting, maintenance, leaving the stationing sites and return to the stationing site,
floatation of Kazakhstan’s small size self-propelled and non-propelled (surface and
underwater) vessels (crafts) and vessels (crafts) for overice movement, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
2. Carrying out of the fishing, research, prospecting and another activity in
territorial waters (sea) and internal waters of the Republic of Kazakhstan, Kazakhstan’s
part of the waters of the frontier rivers, lakes and other water reservoirs without
permission of the authorized state body with the violation of the procedure established
by the legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices, with the confiscation of transport vehicles and other subjects
being indirect subjects for commission of the administrative infraction.
Article 513. Violation of the regime in checkpoints through
the State border of the Republic of Kazakhstan
1. Violation of the regime in checkpoints through the State Border of the Republic
of Kazakhstan by a citizen of the Republic of Kazakhstan being expressed in non-
compliance with the established procedure for entry to the checkpoints, staying,
movement and departure from them of the persons, transport vehicles, entry, staying,
movement, inflow of cargo and goods, carrying out of economic and another activity,
shall –
entail a fine in amount of five monthly calculation indices.
2. The same actions committed by a foreign person or stateless person, shall –
entail a fine in amount of five monthly calculation indices with the
administrative expulsion beyond the Republic of Kazakhstan.
Article 514. Violation of the regime of the State Border of
the Republic of Kazakhstan 1. Violation of the regime of the State Border of the Republic of Kazakhstan being
expressed in non-compliance with the established procedure for:
1) maintenance of the State Border of the Republic of Kazakhstan (with the
exception of the field of the State Border of the Republic of Kazakhstan on Caspian
sea);
2) crossing the State Border of the Republic of Kazakhstan;
3) pass of the persons, transport vehicles, cargo and goods through the State
Border of the Republic of Kazakhstan;
4) entry, temporary staying, residence, movement in a frontier belt and
performance of flights over the frontier belt;
5) carrying out of economic, fishing or another activity, conduct of public
policy, cultural or another events on the State Border and in a frontier belt, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The actions provided by a part one of this Article committed by a foreign
person or stateless person, shall –
entail a fine in amount of twenty monthly calculation indices with the
confiscation of transport vehicles and other subjects that are direct subjects for
commission of the administrative infraction, or administrative arrest for the term up to
ten days or administrative expulsion beyond the Republic of Kazakhstan.
Article 515. Illegal carriage through the State Border of
the Republic of Kazakhstan
1. Failure to take measures on prevention of illegal entry of persons in a
transport vehicle and its use for illegal crossing the State Border of the Republic of
Kazakhstan by a transport or another organization carrying out international carriage
that entailed the illegal crossing or attempt of illegal crossing the State Border of
the Republic of Kazakhstan by one or several violators, shall –
entail a fine in amount of five hundred monthly calculation indices.
2. Failure to take measures on prevention of illegal entry of persons in a
transport vehicle and its use for illegal crossing the State Border of the Republic of
Kazakhstan by a worker of a transport or another organization carrying out international
carriage, that are included in his (her) official duties, that entailed the illegal
crossing the State Border of the Republic of Kazakhstan, if the mentioned act was not
the aiding in a crime or attempt of illegal crossing the State Border of the Republic of
Kazakhstan by one or several violators, shall –
entail a fine in amount of twenty five monthly calculation indices.
3. Failure to take measures by a person crossing the State Border of the Republic
of Kazakhstan with regard to private affairs on prevention of using the transport
vehicle operated by him (her) by the order person for the illegal crossing the State
Border of the Republic of Kazakhstan that entailed illegal crossing of the State Border
of the Republic of Kazakhstan by one or several violators, shall –
entail a fine in amount of ten monthly calculation indices.
Article 516. Insubordination to legal regulation or requirement
of a military servant due to fulfillment of the obligations on
protection of the State Border of the Republic of Kazakhstan
1. Insubordination to legal regulation or requirement of a military servant due to
fulfillment of the obligations on protection of the State Border of the Republic of
Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to five days.
2. The actions provided by a part one of this Article committed repeatedly second
time by a foreign person or person without the citizenship, shall –
entail the administrative arrest for the term up to five days beyond the Republic
of Kazakhstan.
Article 517. Breach of the legislation of the Republic of
Kazakhstan in the field of migration of population by
a foreign person or stateless person 1. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in
staying in the Republic of Kazakhstan without registration in the internal affairs
bodies for the term up to three days after expiration of five calendar days established
by the legislation of the Republic of Kazakhstan for registration, shall –
entail a notification.
2. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in
staying in the Republic of Kazakhstan without registration in the internal affairs
bodies over the terms provided by a part one of this Article, or residence not at
address mentioned upon registration, and equally in non-compliance with the rules for
the transit passing through the territory of the Republic of Kazakhstan, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
arrest for the term up to ten days or administrative expulsion beyond the Republic of
Kazakhstan.
3. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in non-
departure from the Republic of Kazakhstan within three days after expiration of the term
stated in visa or upon registration in a migration card, shall –
entail a notification.
4. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person or avoidance from the
departure within the period exceeding three days after expiration of the term stated in
visa or upon registration in a migration card, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
arrest for the term up to ten days or administrative expulsion beyond the Republic of
Kazakhstan.
5. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in non-
conformance of carrying out activity to the purposes stated in visa and (or) upon
registration in a migration card, or carrying out of labour activity in the Republic of
Kazakhstan without obtaining the permission for employment when obtainment of such
permission is compulsory condition for carrying out of the labour activity, shall –
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest for the term up to ten days or administrative expulsion beyond the
Republic of Kazakhstan.
6. The actions provided by parts one and three of this Article committed repeated
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
expulsion beyond the Republic of Kazakhstan.
7. The acts provided by a part two, four and five of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail the administrative arrest for the term up to fifteen days with
administrative expulsion from the Republic of Kazakhstan.
Article 518. Breach of the legislation of the Republic of
Kazakhstan in the field of migration of population by
individuals or legal entities accepting foreign persons
and stateless persons 1. Failure to take measures on a timely registration of foreign persons and
stateless persons or drawing up of the documents for the right of their staying in the
Republic of Kazakhstan, or their departure from the Republic of Kazakhstan upon expiry
of particular term of staying by an accepting person, shall –
entail a fine on individuals in amount of five, on a civil servant, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship –
in amount of twenty calculation indices.
2. Provision of a dwelling place to a foreign person or stateless person staying
in the Republic of Kazakhstan with the breach of the legislation of the Republic of
Kazakhstan in the field of migration of population or avoidance from departure from the
Republic of Kazakhstan within the established terms, or non-conformance of the actual
residence place to the address stated upon registration, shall –
entail a fine on individuals in amount of ten, on a civil servant, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of forty calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on a civil servant, on subjects
of small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of thirty five, on subjects of large
entrepreneurship – in amount of forty five calculation indices.
4. Consummation of the transactions with a foreign person or stateless person
staying in the Republic of Kazakhstan with the breach of the legislation of the Republic
of Kazakhstan in the field of migration of population in non-conformity of the carrying
out activity to the purposes stated in visa or upon registration in a migration card,
shall –
entail a fine on individuals in amount of ten, on a civil servant, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty calculation indices.
5. The action provided by a part four of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on a civil servant, on subjects
of small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of thirty five, on subjects of large
entrepreneurship – in amount of forty five calculation indices.
Footnote. Article 518 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 519. Engagement of foreign labour force and labour
immigrants with breach of the legislation of the
Republic of Kazakhstan Footnote. Title of Article 519 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V 9shall be enforced from 01.01.2015).
1. Engagement of foreign labour force without permission of the local executive
body or utilization of labour of foreign persons and stateless persons that do not have
employment authorization, shall –
entail a fine on individuals in amount of thirty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship or non-profit organizations – in amount of
one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of one thousand calculation indices.
2. Appointment of a foreign person by an employer to the position (profession or
specialty) that does not conform to the position (profession or specialty) stated in
permission of the local executive body for engagement of foreign labour force, shall –
entail a fine on individuals in amount of thirty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship or non-profit organizations – in amount of
one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of one thousand calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifty, on civil servants – in amount of
one hundred, on subjects of small entrepreneurship or non-profit organizations – in
amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of one thousand calculation
indices.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
5. Engagement of labour immigrants to perform the works (render the services) in a
private household by an employer-individual that are without the relevant permission
issued by the internal affairs bodies, or conclusion of the labour contracts on
performance of works (rendering of services) in a private household by one employer-
individual with more than five labour immigrants at the same time, shall –
entail a fine in amount of thirty monthly calculation indices.
6. The actions provided by a part five of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices.
Footnote. Article 519 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 520. Illegal activity on employment of the citizens
of the Republic of Kazakhstan abroad
Carrying out of activity on employment of the citizens of the Republic of
Kazakhstan abroad with the use of improper advertisement or provision of incomplete or
inaccurate information, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices.
Chapter 29. ADMINISTRATIVE INFRACTIONS IN THE SCOPE
OF CUSTOMS AFFAIRS
Article 521. Violation of the regime of customs control zone
Movement of goods, transport vehicles and persons, including civil servants of the
state bodies (except for customs) through the borders of the customs control zone and
within its borders, as well as carrying out of production and another commercial
activity in this zone without permission of the state revenues body, shall –
entail a fine on individuals, civil servants in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of twenty five monthly calculation indices.
Article 522. Violation of the procedure for carrying of the
activity in the scope of customs affairs
Non-compliance by the customs representative, owners of place or temporary storage
warehouse, free or customs warehouse, duty free shop with the conditions and obligations
of such activity in accordance with the Code of the Republic of Kazakhstan “On customs
affairs in the Republic of Kazakhstan” or non-conformance of the premises or territories
intended for establishment of the place or temporary storage warehouse, customs or free
warehouse, duty free shop to the requirements established by the customs legislation of
the Customs Union and (or) the Republic of Kazakhstan, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 523. Violation of the procedure for carrying out of
activity by the customs carrier Non-compliance with the conditions and obligations by a customs carrier provided
by the customs legislation of the Customs Union and (or) Republic of Kazakhstan for
carrying out of such activity, as well as absence or disrepair of the technical
equipment in a transport vehicle, allowing to determine location of such transport
vehicle by the state revenues body, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 524. Non-notification of the state revenues body on
arrival of goods and transport vehicles Non-notification of the state revenues body upon entry of goods and transport
vehicles to the customs territory of the Customs Union on arrival by non-representation
of the documents in accordance with the customs legislation of the Customs Union and
(or) the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of twenty five monthly calculation indices.
Article 525. Violation of the procedure for departure of
goods and transport vehicles
Violation of the procedure for departure of goods and (or) transport vehicles from
the customs territory of the Customs Union without the permission of the state revenues
bodies of the Republic of Kazakhstan, as well as non-representation of the documents for
departure in accordance with the customs legislation of the Customs Union and (or) the
Republic of Kazakhstan, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship –
in amount of twenty five monthly calculation indices.
Article 526. Failure to take measures in case of accident
or force majeure circumstances
Failure to take measures in case of accident or force majeure circumstances for
ensuring preservation of goods and transport vehicles, failure to notify these
circumstances, location of such goods and transport vehicles to the nearest state
revenues body, or failure to ensure their carriage to the nearest state revenues body or
another place determined by the state revenues body, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of twenty five monthly calculation indices.
Article 527. Failure to represent goods and transport vehicles
at the place of delivery
Failure to represent goods and transport vehicles at the place of delivery and
failure to deliver them to the state revenues body of the Republic of Kazakhstan, shall
–
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of twenty five monthly calculation indices.
Article 528. Issuance without permission of the state revenues
body of the Republic of Kazakhstan, loss or non-delivery of
goods, transport vehicles and documents on them to the state
revenues body of the Republic of Kazakhstan
1. Issuance without permission of the state revenues body of the Republic of
Kazakhstan, loss or non-delivery of goods, transport vehicles being under the customs
control to the place of delivery determined by the state revenues body, shall –
entail a fine in amount of forty monthly calculation indices with the confiscation
of goods and transport vehicles being the indirect subjects for commission of the
administrative infraction.
2. Non-delivery of the customs or other documents on goods and transport vehicles
being under the customs control accepted for delivery to the state revenues body, shall
–
entail a fine in amount of twenty monthly calculation indices.
3. Non-compliance with the term for delivering goods, transport vehicles and
documents on them established by the state revenues body, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 529. Failure to stop transport vehicle Failure to stop the transport vehicle going through the customs border of the
Customs Union, as well as transport vehicle moving through the customs border of the
Customs Union as the goods, at the places determined by the state revenues body of the
Republic of Kazakhstan, with the exception of cases when such failure to stop is caused
by technical defect of the transport vehicle or force majeure circumstances, shall –
entail a fine in amount of ten monthly calculation indices.
Article 530. Dispatch of a transport vehicle without permission
of the state revenues body of the Republic of Kazakhstan Dispatch of a transport vehicle being under the customs control or transport
vehicle moved through the customs border of the Customs Union as the goods, from the
place of its parking without permission of the state revenues body of the Republic of
Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices.
Article 531. Violation of the procedure for commission of
the customs operations linked with putting the goods under
the customs procedure, and customs clearance of goods Violation of the procedure for commission of the customs operations linked with
putting the goods under the customs procedure, and customs clearance of goods, i.e.
failure to comply with the requirements established by the customs legislation of the
Customs Union and (or) the Republic of Kazakhstan on putting the goods under the customs
procedure, place and time of commission of the customs operations, as well as conditions
for putting separate categories of goods under the customs procedure, with the exception
of cases provided by other Article of this chapter, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 532. Unlawful operations, change of the state,
use and (or) disposal of goods in respect of which the
customs clearance is not completed
1. Conduct of operations, change of the state, use and (or) disposal of goods in
respect of which the customs clearance is not completed, in violation of the
requirements and conditions established by the customs legislation of the Customs Union
and (or) the Republic of Kazakhstan, with the exception of the cases provided by the
other Articles of this chapter, shall –
entail a fine in amount of twenty five monthly calculation indices with the
confiscation of the transport vehicles being indirect subjects for commission of the
administrative infraction, or without such.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of forty five monthly calculation indices with the
confiscation of the transport vehicles being indirect subjects for commission of the
administrative infraction, or without such.
Article 533. Conduct of cargo and other operations with the
goods being under the customs control without permission
of the state revenues body Transportation, loading, unloading, transshipment, correction of damages to
packing, packing, repacking or acceptance for transfer of the goods and transport
vehicles being under the customs control, taking samples and examples of such goods,
opening of premises, capacities and other places where the mentioned goods and transport
vehicles may be located, or the change of a transport vehicle of international carriage
carrying the goods being under the customs control without the permission of the state
revenues body or notification, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 534. Destruction, removal, change or exchange
of the mends of identification
1. Destruction, removal, change or exchange of the mends of identification used by
the state revenues bodies, including foreign states without the permission of the state
revenues body, or damage or loss of such means of identification, shall –
entail a fine in amount of twenty monthly calculation indices.
2. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of forty monthly calculation indices.
Article 535. Violation of the procedure for the customs
declaring of goods
Violation of the procedure for the customs declaring of goods by a declarant and
(or) customs representative, i.e. non-compliance with the requirements on procedure for
filling the customs bill and customs declaring established by the customs legislation of
the Customs Union and (or) the Republic of Kazakhstan, including preliminary incomplete,
periodical and temporary customs declaring the goods at the place of the customs
declaring the goods, with the exception of cases provided by the other Articles of this
chapter, shall –
entail a fine in amount of twenty five monthly calculation indices.
Note. The person shall not be subject to bringing to the administrative liability
provided by this Article in the following cases, upon:
1) change of the goods code upon revision of decisions on classifying the goods
after their release in the case when the fact of incorrect classifying the goods by a
civil servant of the state revenues body is established before release of the goods;
2) elimination of the violations on an individual basis detected on the basis of
the results of cameral customs inspection within ten business days from the date
following the date of issuing a notification to the inspected person on elimination of
the violations based on the results of the cameral customs inspection;
3) detection and voluntary elimination of the violations on an individual basis
within one year after release of the goods before beginning of conducting the field
customs inspection.
Footnote. Article 535 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 536. Violation of the procedure for carrying out
the activity in the scope of the customs affairs by
a customs representative 1. Carrying out of the activity by a customs representative in the scope of the
customs affairs in behalf of a third party without conclusion of the civil law contract
with the third person or upon expiry of the contract’s validity term or after its
dissolution, shall –
entail a fine in amount of thirty monthly calculation indices.
2. The action provided by a part one of this Article committed by a customs
representative repeatedly second time within a year, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 537. Violation of the procedure for carrying out
the activity in the scope of the customs affairs
by the authorized economic operator
Non-compliance with the requirements by the authorized economic operator provided
by the customs legislation of the Customs Union and (or) the Republic of Kazakhstan for
carrying out of such activity, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 538. Violation of the terms for filing the customs
bill, documents and details
Failure to represent the customs bill, documents and details to the state revenues
body within established terms upon customs declaring of goods, with the exception of
cases provided by the other Articles of this chapter, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 539. Failure to represent reporting to the state
revenues body of the Republic of Kazakhstan or representation
of inaccurate reporting and non-compliance with the procedure
for maintaining of records
Failure to represent reporting on imported, exported, declared, incoming, stored,
processed, produced, acquired and sold goods being under the customs control or in a
territory of free customs zones by a customs carrier, customs representative, owners of
the place or warehouse of temporary storage, customs or free warehouse, duty free shop,
authorized economic operators declarants in the manner and in terms determined by the
customs legislation of the Customs Union and (or) the Republic of Kazakhstan, or
representation of inaccurate reporting to the state revenues body, and equally non-
compliance with the procedure for maintaining of records of such goods, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 540. Violation of the procedure for placing goods
for storage, procedure for their storage and conduct
of operations with them Violation of the procedure for placing goods for storage, procedure for their
storage established by the customs legislation of the Customs Union and (or) the
Republic of Kazakhstan, terms for storage on the customs warehouse, procedure for
transfer of goods from one warehouse to another, and equally the conduct of operations
with the goods on the customs warehouses, temporary storage warehouses and free
warehouses, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 541. Violation of the terms of temporary
storage of goods
Violation of the terms of temporary storage of goods established by the customs
legislation of the Customs Union and (or) the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices with the confiscation
of goods or without such.
Article 542. Violation of the procedure for processing of goods
and exchange of the products after processing 1. Violation of the procedure for processing of goods, i.e. non-compliance with
the requirements, restrictions and conditions for provision of the obligation on
conditions of processing of goods, procedure and terms for the processing, quantity of
product yield after processing, conduct of operations on processing of such goods
established by the customs legislation shall –
entail a fine in amount of fifty monthly calculation indices.
2. Violation of established procedure for replacing the products after processing
of domestic goods by other goods, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 543. Failure to terminate the customs procedure
within established terms 1. Failure to terminate the customs procedure within established terms in respect
of which the requirement on its termination is established, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices, with the confiscation of transport vehicles being direct subjects
for commission of the administrative infraction.
2. Failure to remove the temporary imported goods and (or) transport vehicles from
the customs territory of the Customs Union by individuals within established terms for
temporary import, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Representation of invalid documents, documents received by illegal means, or
the documents related to the other goods and transport vehicles to the state revenues
body of the Republic of Kazakhstan as confirmation of the return export or import or
impossibility of that by the reasons of destruction or loss of the goods and transport
vehicles due to accident or force majeure circumstances, natural deterioration or
decrease or their withdrawal from disposal due to unlawful actions of the bodies and
civil servants of a foreign state, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices, with the confiscation of transport
vehicles being direct subjects for commission of the administrative infraction.
Article 544. Unlawful operations, change of state, use and (or)
disposal of goods and transport vehicles put under particular
customs procedure Conduct of operations, change of the state, use and (or) disposal of goods and
transport vehicles not in accordance with their customs procedure, and equally transfer
of the right to use the customs procedure by transferring the rights of possession, use
or disposal in respect of the goods to the other person without permission of the state
revenues body if this decision is compulsory, if it is allowed in accordance with the
customs procedure, shall –
entail a fine on individuals in amount of twenty monthly calculation indices, with
the confiscation of the transport vehicles being direct subjects for commission of the
administrative infraction with the exclusion of the persons carrying out the activity in
the scope of customs affairs from the relevant register.
Article 545. Non-compliance with the procedure for
applying prohibitions and restrictions upon movement of
goods and transport vehicles through the customs border
of the Customs Union Movement of goods and transport vehicles through the customs border of the Customs
Union with non-compliance with prohibitions and restrictions established by the customs
legislation of the Customs Union and (or) the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium
entrepreneurship in amount of thirty, on subjects of large entrepreneurship in amount of
fifty monthly calculation indices, with the confiscation of goods and transport vehicles
being direct subjects for commission of the administrative infraction or without such.
Article 546. Movement of goods and transport vehicles through
the customs border of the Customs Union by individuals with the
violation of the procedure for movement of the goods for
personal use established by the customs legislation of the
Customs Union and (or) the Republic of Kazakhstan Failure to declare goods and (or) transport vehicles by individuals according to
established form for the personal use subjected to the customs declaring, with the
exception of the cases provided by Article 547 of this Code, shall –
entail a fine in amount of ten monthly calculation indices.
Article 547. Violation of the procedure for movement of
goods in international postal matters
Violation of the procedure for movement of goods in the international postal
matters established by the customs legislation of the Customs Union and (or) the
Republic of Kazakhstan, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 548. Movement of goods and transport vehicles
through the customs border of the Customs Union
besides the customs control
1. Movement of goods and transport vehicles through the customs border of the
Customs Union besides the customs control, i.e. outside the places for movement of the
goods through the customs border of the Customs Union determined by the state revenues
bodies of the Republic of Kazakhstan or outside the established work time of the state
revenues bodies of the Republic of Kazakhstan in the specified places, in the absence of
the signs of a crime, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of two hundred, on subjects of large entrepreneurship – in amount of three
hundred monthly calculation indices, with the confiscation of the goods and transport
vehicles being direct subjects for commission of the administrative infraction, or
without such.
Article 549. Concealment of goods from the customs control
moved through the customs border of the Customs Union
Concealment of goods from the customs control moving or being moved through the
customs border of the Customs Union, as well as with the use of hiding places or other
methods obstructing detection of the goods, or forming one goods as the others, shall –
entail a fine in amount of twenty five monthly calculation indices, with the
confiscation of goods being direct objects of the infraction, or without such, as well
as confiscation of goods and transport vehicles with the specially produced hiding
places used for movement through the customs border of the Customs Union with the
concealment of the goods and subjects being direct subjects for commission of the
administrative infraction.
Article 550. Movement of goods and transport vehicles through
the customs border of the Customs Union with the fraudulent
use of documents or means of identification
Movement of goods and transport vehicles through the customs border of the Customs
Union, as well as placement of the goods under the customs procedure of the customs
transit or in temporary storage warehouse with representation of invalid documents to
the state revenues body as the documents required for the customs purposes, as well as
that may serve as the ground for non-compliance with the prohibitions and restrictions,
documents received on illegal basis, documents containing inaccurate details, or the
documents related to the other goods and transport vehicles, as well as use of the
forged means of identification or original means of identification related to the other
goods and transport vehicles, with the exception of cases provided by Article 555 of
this Code, shall –
entail a fine in amount of twenty monthly calculation indices with the
confiscation of goods and transport vehicles being direct subjects for commission of the
administrative infraction.
Article 551. Failure to declare or inaccurate customs declaring
of goods, cash money, circular checks or certified securities
1. Failure to declare or inaccurate customs declaring of goods moving or being
moved through the customs border of the Customs Union, i.e. failure to apply in
established form or applying of inaccurate details on goods, on selected customs
procedure, customs value or country of origin of the goods or applying the other
inaccurate details by a declarant, customs representative, authorized economic operator
in the customs bill and other documents required for the customs purposes, giving a
ground for release from paying the customs payments, taxes, special, anti-dumping,
compensation duties or decrease of their amount, with the exception of the cases
provided by the other Articles of this chapter, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium
entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices.
2. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of sixty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred sixty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, with the
confiscation of the goods and transport vehicles being direct subjects for commission of
the administrative infraction.
3. Failure to declare or inaccurate declaring foreign currency in cash, currency
in cash of the Republic of Kazakhstan, circular checks or certified securities moving
through the customs border of the Customs Union and subjected to written declaring by
individuals, shall –
entail a fine in amount of ten monthly calculation indices.
Note. The person shall not be subject to bringing to administrative liability
provided by this Article in the following cases, upon:
1) change of the goods code upon revision of decisions on classifying the goods
after their release in the case when the fact of incorrect classifying the goods by a
civil servant of the state revenues body is established before release of the goods;
2) elimination of the violations on an individual basis detected on the basis of
the results of cameral customs inspection within ten business days from the date
following the date of issuing a notification to the inspected person on elimination of
the violations based on the results of the cameral customs inspection;
3) detection and voluntary elimination of the violations on an individual basis
within one year after release of the goods before beginning of conducting the field
customs inspection.
Footnote. Article 551 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 08.06.2015 No. 317-V
(shall be enforced upon expiry of thirty calendar days after the date of its first
official publication).
Article 552. Transportation, storage, acquisition, use or
disposal of goods and transport vehicles imported to the
customs territory of the Customs Union with the violation
of the customs rules 1. Transportation, storage, acquisition, use or disposal of goods and transport
vehicles imported to the customs territory of the Customs Union besides the customs
control or with avoidance from such control, or with the fraudulent use of documents or
means of identification, or non-declared or declared inaccurately, and equally
transportation, storage, acquisition of goods and transport vehicles in respect of which
the customs privileges are represented in a part of the customs payments and taxes used
or alienated without the permission of the state revenues body of the Republic of
Kazakhstan in other purposes than those in connection with which such privileges were
represented, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of thirty five monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices with the confiscation
of the goods and transport vehicles that are direct subjects for commission of the
administrative infraction, or without such.
Article 553. Violation of the procedure for use and (or)
disposal of goods being restricted in use and (or) disposal,
as well as conditionally released goods and transport vehicles Use and (or) disposal of goods being restricted in use and (or) disposal, as well
as conditionally released goods and transport vehicles in other purposes than those
provided by the customs legislation of the Republic of Kazakhstan, as well as in
connection of which such privileges were provided, shall –
entail a fine in subjects of small entrepreneurship or non-profit organizations –
in amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
Article 554. The actions oriented to return of the paid customs
payments and taxes without proper grounds, receipt of payments
and other compensations or their non-return
Representation of documents to the state revenues body of the Republic of
Kazakhstan containing inaccurate details giving the right to return of the paid customs
payments, receipt of payments and other compensations or their non-return or return not
in full volume without the proper grounds, if these actions do not contain the signs of
a criminally punishable act, shall –
entail a fine on legal entities in amount up to two hundred fifty monthly
calculation indices.
Article 555. Violation of the terms for payment of the customs
payments, taxes, special, anti-dumping, compensation duties
Footnote. Title of Article 555 as amended by the Law of the Republic of Kazakhstan
dated 08.06.2015 No. 317-V (shall be enforced upon expiry of thirty calendar days after
the date of its first official publication).
Non-payment of customs payments, taxes, special, anti-dumping, compensation duties
by payers, as well as the persons having a status of the customs representative,
authorized economic operator within established terms, and equally non-payment in the
cases of violation of the terms for filing the customs bill upon use of conditionally
release goods in other purposes than those in connection with which the release from
paying the customs duties for main customs declaring, customs payments, taxes, special,
anti-dumping, compensation duties was provided, as well as upon putting the goods under
the customs procedures, providing periodical payment of the customs payments, taxes,
special, anti-dumping, compensation duties, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
Footnote. Article 555 as amended by the Law of the Republic of Kazakhstan dated
08.06.2015 No. 317-V (shall be enforced upon expiry of thirty calendar days after the
date of its first official publication).
Article 556. Failure to fulfill the requirements of the state
revenues body of the Republic of Kazakhstan on payment of the
sums owed of the customs payments, taxes and late fees
within established terms Failure to fulfill the requirements of the state revenues body on payment of the
sums owed of the customs payments, taxes and late fees within established terms by bank,
insurance organization, guarantor in the cases of non-fulfillment of the obligation by a
payer to pay the customs payments and taxes upon applying the methods for ensuring the
payment of the customs payments and taxes, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on
subjects of large entrepreneurship – in amount of fifty monthly calculation indices.
Article 557. Non-execution of the decisions of the state
revenues bodies of the Republic of Kazakhstan by banks and
organizations carrying out separate types of banking operations
Non-execution of the decisions of the state revenues bodies on recovery of the
customs payments, taxes and late fees or on suspension of the debit operations on
accounts of a payer of the customs payments, taxes and late fees due to the fault of
banks and organizations carrying out separate types of banking operations, shall –
entail a fine on legal entities in amount of two hundred fifty monthly calculation
indices.
Article 558. Non-performance of the requirements of the state
revenues bodies of the Republic of Kazakhstan
Non-performance of the requirements of the state revenues bodies and their civil
servants upon carrying out the customs declaring, customs search, inspection of the
customs bill, customs inspection, conduct of cargo-handling and other operations with
the goods and transport vehicles, as well as the other requirements required for the
customs control by the persons carrying out the activity in the scope of the customs
affairs and by other persons established by the customs legislation of the Customs Union
and (or) the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices.
Chapter 30. ADMINISTRATIVE INFRACTIONS IN A TRANSPORT,
IN ROAD FACILITIES
Article 559. Violation of the rules ensuring safety
of railway traffic
1. Violation of the rules of transit of horse-drawn carriage (sleighs) and driving
of baggage, riding animals and livestock through the railway lines, cattle grazing in a
railroad precinct, shall –
entail a notification or fine in amount of five monthly calculation indices.
2. Damage of railway lines, shelter forests, snow fences and other track
facilities, structures and signaling arrangement and communication devices, shall –
entail a fine on individuals in amount of five, on legal entities – in amount of
twenty monthly calculation indices.
3. Non-compliance with the established gauges upon loading and unloading of cargo,
shall –
entail a fine on individuals in amount of five, on legal entities – in amount of
fifteen monthly calculation indices.
4. Laying, dropping or leaving subjects on the railway lines that may cause
violation of the train traffic, shall –
entail a fine in amount of twenty monthly calculation indices.
5. Passage on the railway lines in undesignated areas, shall –
entail a notification or fine in amount of three monthly calculation indices.
6. Violation of the requirements of the legislation of the Republic of Kazakhstan
on railway transport committed upon:
1) maintenance of the station and main lines of railway network and railway
approaching lines;
2) maintenance, operation and repair of a rolling stock, technical means, railway
artificial structures oriented to safety ensuring of railway traffic, shall –
entail a fine on individuals in amount of three, on civil servants – in amount of
seven, on subjects of small entrepreneurship – in amount of eight, on subjects of medium
entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount
of thirty monthly calculation indices.
7. Violation of the rail safety rules that entailed damage of a railway rolling
stock to the state that may not be restored, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
8. Violation of the rail safety rules in result of which the rolling stock is
damaged in the volume that requires its uncoupling and repairing, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
9. Failure to represent information on committed security violations on railway
lines to the authorized body by participants of a carriage process within the terms
established by the rail safety rules, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Article 560. Violation of the rules for use of the means
of railway transport
1. Illegal transit in freight trains, boarding and unloading on the way, transit
on a footboard and roofs of wagons, illegal stop of train without necessity, shall –
entail a fine on individuals in amount of five monthly calculation indices.
2. Discharge of rubbish and other subjects from windows and doors of the wagons of
trains, illegal opening of the outer doors during train traffic, shall –
entail a notification or fine on individuals in amount of three monthly
calculation indices.
Article 561. Operation of a railway rolling stock without
the state registration or re-registration
1. Operation of a railway rolling stock without the state registration or re-
registration in the authorized body, shall –
entail a fine on individuals in amount of two, on subjects of small
entrepreneurship – in amount of five, on subjects of medium entrepreneurship – in amount
of seven, on subjects of large entrepreneurship – in amount of twenty monthly
calculation indices.
2. The action (omission) provided by a part one of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of seven, on subjects of medium entrepreneurship – in
amount of ten, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
Article 562. Damage of transport public transport vehicles
and their internal equipment
Damage of public transport vehicles, specifically passenger wagons and locomotives
on a railway transport, vessels on marine and river transport, buses, trolleys, trams,
as well as damage of their internal equipment, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
Article 563. Violation of the procedure for use of the air
space of the Republic of Kazakhstan
1. Violation of the procedure for use of the air space of the Republic of
Kazakhstan, specifically flights of aerial vessels and other flight vehicles, conduct of
all the types of shootings, rocket launching, explosive works and carrying out of
another activity linked with the movement of material objects in the air space of the
Republic of Kazakhstan committed in the form of:
1) carrying out the activity without representation of the flight plan (upon
flights in uncontrollable air space without notifying) and (or) without permission for
carrying out of the activity constituting a security threat of the flights of aerial
vehicles;
2) flight of the group of aerial vehicles, the number of which exceeds the number
stated in the permission;
3) non-compliance with the regimes of using the air space by aerial vehicles;
4) landing of aerial vehicles on aerodrome that is not stated in the flight plan,
except for the cases of forced landing and direction to the alternate aerodrome;
5) flight of the aerial vehicle without permission of the Ministry of defence of
the Republic of Kazakhstan over the territory of forbidden zone and restricted area;
6) non-compliance with vertical, longitudinal, lateral separation, off-airway
clearance, local air lines, lane axis by aerial vehicles in the distance that is more
than established standards, with the exception of the cases of obvious security threat
of flights and prevention of the aviation accidents;
7) non-execution of commands of the bodies of air traffic service or air traffic
control by users of the air space, with the exception of obvious security threat of
flights and prevention of the aviation accidents, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on civil servants – in amount
of twenty five monthly calculation indices, with the confiscation of the subject that
was an instrument for commission of the infraction.
Article 564. Violation of the flight safety rules
1. Placement of any signs and devices in the area of aerodrome being similar to
the identification marks and devices being accepted for aerodrome identification, or
firing of pyrotechnic products without the permission of the administration of airport,
aerodrome, or installation of the objects that promote mass gathering of birds being
dangerous for flights of aerial vehicles, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
2. Failure to comply with the rules on placement of the night and day
identification marks or devices on buildings and structures, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
3. Damage of the aerodrome equipment, aerodrome signs, aerial vehicles and their
equipment, shall –
entail a fine on individuals in amount of fifty monthly calculation indices.
4. Passage or transit without the proper permission through the territory of
airports (except for airport terminals), aerodromes, objects of radio and light supply
of the flights, shall –
entail a fine on individuals in amount of one monthly calculation indices.
5. Violation of the flight safety rules of aerial vehicle by a passenger, if this
act created the situation threatening the flight safety, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
or administrative arrest for the term up to fifteen days.
Article 565. Work permit to the aviation personnel that
did not pass professional training or that does not
have the relevant qualification Work permit to the aviation personnel that did not pass professional training or
that does not have the relevant qualification, shall –
entail a fine on civil servants in amount of forty, on legal entities – in amount
of sixty monthly calculation indices.
Article 566. Violation of the rules of conduct
on aerial vehicle
1. Violation of the rules of conduct on aerial vehicle committed in the form of
non-execution of the regulations of a commander of aerial vehicle or other crew members
by a person being on the aerial vehicle, if the acts of this person do not create
security threat of the flight, shall –
entail a fine in amount of three monthly calculation indices.
2. Use of the services of cellular, trunking communications on board of aerial
vehicle at the all stages of flight, of radio electronic means and high frequency
devices of household purpose at the stage of taxing operation, drifting up, landing
approach of the aerial vehicle, shall –
entail a notification or fine in amount of five monthly calculation indices.
3. The acts provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 567. Non-fulfillment or improper fulfillment of the
obligations by a carrier on rendering of services to a
passenger upon cancellation or delay of flight due to the fault
of the carrier or delay, cancellation of the flight due to late
arrival of aerial vehicle, route change of carriage 1. Non-fulfillment or improper fulfillment of the obligations by a carrier
provided by the legislation of the Republic of Kazakhstan on use of air space of the
Republic of Kazakhstan and activity of aviation on rendering of services to a passenger
upon cancellation or delay of flight due to the fault of the carrier or delay,
cancellation of the flight due to late arrival of aerial vehicle, route change of
carriage, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. The action (omission) provided by a part one of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of one thousand monthly calculation indices.
Article 568. Intended concealment of aviation
accident or incident Intended concealment of aviation accident, incident or details on them or
deviation of information, or damage or destruction of the aircraft or ground facilities
of objective control or other evidential matters linked with the aviation accident or
incident, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
thirty, on legal entities – in amount of one hundred monthly calculation indices.
Article 569. Violation of the safety rules for operation
of aerial vehicles
1. Violation of the procedure for access to performance of flights of aerial
vehicles or the rules for training and performance of the flights, with the exception of
the cases provided by parts two, three, four, five, six, seven and eight of this
Article, if these actions carelessly entailed infliction of light harm to health of an
injured party, shall –
entail a fine on individuals in amount of thirty monthly calculation indices with
the deprivation of the right to operate the aerial vehicle (air traffic service,
technical maintenance of aerial vehicle) for the term of six months, on civil servants –
in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.
2. Take off on aerial vehicle in existence of the defects with which it is
prohibited to begin the flight operations without the permission of the authorized body,
or with the violation of the passenger capacity (cargo capacity) standards or of the
restrictions on flying weight or aircraft center-of-gravity, shall –
entail a fine on a commander of the aerial vehicle in amount of forty monthly
calculation indices or deprivation of the right to operate the aerial vehicle for the
term of one year.
3. Operation of the aerial vehicle by a person that does not have the right of its
operation, shall –
entail a fine in amount of forty monthly calculation indices.
4. Operation of the aerial vehicle that did not pass the state registration or
that does not have the state and registering identification marks, or that is not
recorded in the authorized body in the scope of civil aviation, or having knowingly
false state and registering identification marks, shall –
entail a fine on a commanding officer of the aerial vehicle in amount of forty
monthly calculation indices or deprivation of the right to operate the aerial vehicle
for the term of one year.
6. Operation of the aerial vehicle on which there are no vehicle and flight
documents provided by the legislation of the Republic of Kazakhstan, or operation of the
aerial vehicle by a flight crew member that does not have the documents for the right to
operate this type of the aerial vehicle, shall –
entail a fine in amount of forty monthly calculation indices.
6. Permit to flight of the aerial vehicle that did not pass the state registration
or that does not have the state and registering identification marks, or that is not
recorded in the authorized body in the scope of civil aviation, or that has the
knowingly false state and registering identification marks, or on which there are no
vehicle and flight documents provided by the legislation of the Republic of Kazakhstan,
or where the air or cabin crew is not staffed, or that has defects with which it is
prohibited to operate it without the permission issued by the authorized body, or on
which the passenger capacity (cargo capacity) standards are violated or restrictions on
flying weight or aircraft center-of-gravity, and equally permit to servicing or
servicing of the aerial vehicle by the person that has no the right to that or being in
a state of intoxication, shall –
entail a fine on individuals and civil servants in amount of forty, on legal
entities – in amount of one hundred monthly calculation indices.
7. Performance of flights by aerial vehicles on the board of which there are no
search and emergency-rescue means provided by the legislation of the Republic of
Kazakhstan, shall –
entail a fine on individuals and civil servants in amount of forty, on legal
entities – in amount of one hundred monthly calculation indices.
8. Damage or loss of aviation personnel certificate, shall –
entail a fine on individuals in amount of twenty monthly calculation indices.
Article 570. Violation of the requirements of aviation security 1. Violation of the rules of aviation security, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
2. Failure to take measures on maintenance of the fences of the territory
perimeter of airport, aerodrome, if these actions did not entail the aviation accident
or incident, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 571. Violation of the rules of carriage of passengers,
luggage and cargo
1. Violation of the rules of international carriage of passengers, luggage and
cargo, with the exception of carriage by automobile transport, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Violation of the rules of carriage of passengers, luggage and cargo by
automobile transport, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of twenty five monthly
calculation indices.
3. The actions provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
Footnote. Article 571 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 572. Violation of the regime of labour and rest of
drivers upon carrying out of automobile carriage
of passengers, luggage or cargo
1. Operation of mechanical transport vehicles without the control devices for
recording the regimes of labour and rest of drivers (tachographs) or with such properly
operating devices being turned off or with unfilled diagram sheets, or with application
of previously used diagram sheets or without the use of electronic cards in case of
applying electronic (digital) tachographs, and equally without maintenance of the daily
registry sheets of the regime of labour and rest of the drivers (in case of defect of
the control device) upon carrying out of:
1) automobile carriage of hazardous cargo;
2) international automobile carriage of passengers, luggage and cargo;
3) inter-city, inter-oblast, regular and intra-district automobile carriage of
passengers, luggage;
4) international, inter-oblast, inter-district (international intra-oblast) non-
scheduled automobile carriage of passengers and luggage, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of fifty monthly calculation indices.
2. Violation of the regime of labour and rest by the drivers of mechanical
transport vehicles upon carrying out of automobile carriage of passengers, luggage or
cargo, shall –
entail a fine in amount of ten monthly calculation indices.
Article 573. Violation of the Rules for applying the
authorization system of automobile carriage in the
Republic of Kazakhstan in international traffic
1. Carrying out of international automobile carriage by foreign persons or foreign
legal entities in a territory of the Republic of Kazakhstan without the permit or
special permit in the cases provided by the legislation of the Republic of Kazakhstan on
automobile transport, shall –
entail a fine on drivers of mechanical transport vehicles in amount of twenty
five, on legal entities in amount of five hundred monthly calculation indices.
2. Use of foreign permit to mechanical transport vehicle by a domestic carrier
that is not specified in the records of access of the domestic carrier, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
3. Transfer of the forms of foreign permits by one domestic carrier to another
domestic carrier, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
4. Violation of the coordinated route plan by a driver upon carrying out of
carriage of passengers and luggage in international traffic, shall –
entail a fine in amount of ten monthly calculation indices.
5. Use of domestic permit by a foreign carrier that is not registered in
accordance with the Rules for applying the authorization system of automobile carriage
in the Republic of Kazakhstan in the international traffic, shall –
entail a fine on drivers of mechanical transport vehicles in amount of twenty
monthly calculation indices.
Article 574. Absence of the lists of passengers at drivers of
mechanical transport vehicles upon carrying out of unscheduled
international automobile carriage of passengers and luggage Absence of the lists of passengers at drivers of mechanical transport vehicles
upon carrying out of unscheduled international automobile carriage of passengers and
luggage, shall –
entail a fine on individuals in amount of five monthly calculation indices.
Article 575. Carrying out of automobile carriage in a territory
of the Republic of Kazakhstan by automobile transport vehicles
registered in a foreign state Carriage of passengers, luggage or cargo by automobile transport vehicles
registered in a territory of a foreign state between the points located in the territory
of the Republic of Kazakhstan, with the exception of carriage by the automobile
transport vehicles temporary imported to the territory of the Republic of Kazakhstan,
shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Article 576. Absence of the contract of carriage at drivers of
mechanical transport vehicles upon carrying out of unscheduled
automobile carriage of passengers and luggage in
the intra-republican communication Absence of the contract of carriage at drivers of mechanical transport vehicles
upon carrying out of unscheduled automobile carriage of passengers and luggage in the
intra-republican communication, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
Article 577. Carriage of passengers between the points in
a territory of the Republic of Kazakhstan upon carrying
out of regular carriage in international traffic 1. Organization of selling travel documents (tickets) for carriage of passengers
between the points in a territory of the Republic of Kazakhstan upon carrying out of
regular carriage in international traffic, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of thirty monthly calculation indices.
2. Carriage of passengers by mechanical transport vehicles between the points in a
territory of the Republic of Kazakhstan upon carrying out of regular carriage in the
international traffic, shall –
entail a fine on drivers of mechanical transport vehicles in amount of thirty
monthly calculation indices.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
4. The action provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on drivers of automobile transport vehicles in amount of fifty
monthly calculation indices.
Article 578. Violation of the rules ensuring the safety
of traffic on a marine transport
1. Violation of the established order of maneuvering and movement of the vessels
on a marine transport, non-compliance with the prescribed speed of movement,
requirements for giving audio and light alarms, bearing ship lights and signs,
premeditated stoppage or dockage of a vessel in forbidden places, violation of the
procedure for vessel towing, as well as failure to perform the compulsory requirements
of a dispatcher, shall –
entail a fine in amount of seven monthly calculation indices.
2. Performance of diving operations without the proper permit in harbor waters or
non-compliance with the rules for signaling during these works, shall –
entail a fine in amount of ten monthly calculation indices.
Article 579. Damage of the structures and devices of signaling
and communicating on a marine transport
Damage of the structures and devices of signaling and communicating on a marine
transport, shall –
entail a fine in amount of ten monthly calculation indices.
Article 580. Violation of the rules ensuring safety of
passengers in vessels of a marine and river transport,
as well as small size vessels
Absence, understaffing or use of the rescue and emergency means and equipment with
the expired term of certification on the vessels of a marine and river transport, as
well as small size vessels, violation of the requirements on equipping the gangways and
ladders on the vessels of a marine and river transport, shall –
entail a fine in amount of ten monthly calculation indices.
Article 581. Violation of the rules for releasing a vessel
in sailing or permit for operation of the vessel by the
persons that do not have the relevant diploma
(certificate, identity document)
1. Release (route) of a vessel (except for the small size vessel) in sailing
without the documents certifying belonging of the vessel, its seaworthiness with the
unstaffed crew team, upon non-conformance of the technical condition of the vessel to
available documents, with the violation of established rules for loading, passenger
capacity standards, restrictions in the area and conditions for sailing, as well as
permit for operation of the vessel or its mechanisms and equipment by the persons that
do not have the relevant diploma (certificate, identity document), shall –
entail a fine in amount of twenty monthly calculation indices.
2. Release of small size vessels in sailing that are not registered in established
manner or did not pass technical inspection (examination), or that have the defects with
which their operation is prohibited, or unstaffed with equipment, or re-equipped without
the relevant permit, as well as the permit for operation of the small size vessels by
the persons that do not have the right of operation of these vessels, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
Article 582. Violation of the rules for operation of vessels,
including small size vessels, as well as operation of the
vessel, including small size vessel by the person that
does not have the right of operation
1. Operation of a vessel (including small size vessel) that is not registered in
established manner or did not pass technical inspection (examination), or that does not
have the side numbers and designations, or that is reequipped without the relevant
permit, or that has defects with which its operation is prohibited, or with violation of
the rules for loading of passenger capacity standards, restrictions in the area and
conditions of sailing, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Operation of a vessel, including small size vessel by the person that does not
have the right of operation of this vessel, including small size vessel, and equally
operation of the vessel, including small size vessel, by the person that does not have
the document confirming the right of operation of this vessel, including small size
vessel or transfer of operation of such vessel, including small size vessel to the
person that does not have the right of operation, shall –
entail a fine in amount of ten monthly calculation indices.
3. Operation of a vessel, including small size vessel in the absence of vessel
documents, as well as with the violation of requirements submitted to the vessel
documents, shall –
entail a fine in amount of five monthly calculation indices.
4. Operation of a vessel, including small size vessel with knowingly false or
forged registering side numbers and designations, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 583. Violation of the rules for sailing, loading and
discharge of vessels
1. Violation of the traffic rules and the rules of giving audio and light alarms,
bearing of ship lights and signs, rules for loading and discharging vessels by
navigators of the vessels (except for small size vessels), as well as damage of the port
structures and equipment, shall –
entail a fine in amount of five monthly calculation indices.
2. Excess of the established speed by navigators of small size vessels and other
floating objects, non-compliance with the requirements, navigation marks, premeditated
stoppage or dockage of a vessel in forbidden places, damage of water development
facilities or technical means and signs of the shipping and navigation circumstances,
violation of the rules for maneuvering, giving audio alarms, bearing of side lights and
marks, shall –
entail a notification or fine in amount of two monthly calculation indices or
deprivation of the right of operation of a small size vessel for the term up to one
year.
3. Violation of the other rules for using small size vessels by the navigators of
the small size vessels, shall –
entail a notification or fine in amount of one monthly calculation index.
Article 584. Violation of the rules ensuring security of
operation of vessels on inland water ways
1. Performance of diving operations without the proper permission or non-
compliance with the rules for giving signals during these works, violation of the
procedure for installation and arrangement of floating booms and forest harbours,
arrangement of weirs and other accessories for fishing in the areas undesignated for
this purpose without coordination with the relevant bodies, shall –
entail a fine in amount of ten monthly calculation indices.
2. Destruction, damage, breakage, illegal displacement of floating and non-
floating aids to navigation, communication and signalling, violation of the rules for
maintenance, operation and established work regime of the navigational equipment on
bridges, dams and other water development facilities, installation of signs, structures,
sources of audio and light alarms without the proper permit (coordination), creating
noises in identifying the navigation marks and alarms, shall –
entail a fine in amount of ten monthly calculation indices.
3. Discharge of rubbish and other subjects overboard, shall –
entail a notification or fine in amount of one monthly calculation index.
Article 585. Violation of the rules of loading, discharge and
warehousing cargo in river ports and on berths Violation of technical conditions of loading, discharge and warehousing cargo in
the river ports and on berths, technical conditions for securing cargo in a vessel,
failure to draw up the act of loading (discharge) of cargo, shall –
entail a fine in amount of two monthly calculation indices.
Article 586. Violation of the rules of using the bases
(structures) for dockages of small size vessels
1. Violation of the standards for basing small size vessels, conditions and
technical requirements for a safety operation of the bases (structures), and equally
maintenance of the small size vessels on the mentioned bases (structures) that are not
registered in established manner on the bases (structures) for dockage of the small size
vessels, shall –
entail a fine on individuals and civil servants in amount of ten, on subjects of
small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship –
in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. Non-compliance with the established control regime of releasing small size
vessels in sailing and return to the base, shall –
entail a notification or fine on individuals and civil servants in amount of five
monthly calculation indices.
Article 587. Violation of the requirements on operation
of port structures Violation or non-compliance with the terms for conduct of regular and periodical
technical inspections of the port structures, being in defective condition or non-
conformance of the mooring devices and fenders of berthing facilities to own
characteristics, as well as the absence of examination record book of the port
structures and passport of a sea port, shall –
entail a fine on individuals and civil servants in amount of five monthly
calculation indices.
Article 588. Violation of the rules for investigation
of accidents and traffic accident with vessels,
including small size vessels 1. Non-representation of information by a ship captain, ship owner, civil servant
of water development facilities to the transport control bodies on emergency case with a
vessel of marine transport, on traffic accident with a vessel of river transport, shall
–
entail a fine on individuals and civil servants in amount of ten, on subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
2. Non-representation of information by a navigator or ship owner to the transport
control bodies on traffic accident with a small size vessel, shall –
entail a fine on individuals and civil servants in amount of five, on subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
3. Non-representation or untimely representation of materials, certificates,
explanatory notes, extracts from vessel documents or other information required for
conduct of investigation upon request of the body or civil servant conducting the
investigation of emergency case or traffic accident, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium
entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in
amount of forty monthly calculation indices.
Article 589. Violation of the rules of fire
security in transport
1. Violation of the rules of fire security established in transport, shall –
entail a fine in amount of five monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 590. Violation of the rules for operation of
transport vehicles
1. Operation of the registered transport vehicle with unreadable state registering
number plates (plate) or established with the violation of the requirements to
standards, shall –
entail a fine in amount of five monthly calculation indices.
2. Operation of a transport vehicle without the state registering number plates
(plate) or after prohibition of its operation, or that is not registered in the
established manner, shall –
entail a fine in amount of ten monthly calculation indices.
3. Installation of knowingly false or forged state registering number plates
(plate) on a transport vehicle, shall –
entail a fine on individuals in amount of fifteen, on civil servants – in amount
of fifty, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices.
4. Operation of a transport vehicle with knowingly false or forged state
registering number plates (plate), shall –
entail a fine in amount of twenty monthly calculation indices or deprivation of
the right of operation of transport vehicles for the term of one year.
5. Operation of the transport vehicles that do not meet the established rules for
ensuring road traffic safety, with the exception of the cases mentioned in a part six of
this Article, shall –
entail a fine in amount of five monthly calculation indices.
6. Operation of the transport vehicles that have the defects of braking system,
steering control, tow hitch, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Operation of the transport vehicle being reequipped without the relevant
permit, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Release of the mechanical transport vehicles into operation that did not pass
the pre-trip (pre-shift) technical inspection, as well as permit to operation to the
driver that did not pass pre-trip (pre-shift) medical inspection, upon carrying out of
regular or unscheduled automobile carriage of passengers, luggage, as well as carriage
of cargo, shall –
entail a fine on subjects of small entrepreneurship – in amount of thirty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
9. Operation of the transport vehicle that did not pass the state or compulsory
technical inspection, shall –
entail a fine in amount of five monthly calculation indices.
10. The actions provided by parts one, five, six and nine of this Article
committed repeatedly second time within a year after imposition of the administrative
sanction, shall –
entail a fine in amount of twenty monthly calculation indices.
Note. The transport vehicles in this chapter of the Code shall be regarded as all
the types of automobiles, tractors and other self-propelled vehicles, trams, trolleys,
as well as motorcycles and other mechanical transport vehicles.
Article 591. Use of phone or radio station by a driver upon
operation of a transport vehicle 1. Use of phone or radio station by a driver upon operation of a transport
vehicle, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Note. During operation of a transport vehicle, it is allowed to use phone or radio
station by using headphones or speaker phone.
Article 592. Exceeding of established driving speed by drivers
of transport vehicles
1. Exceeding of established driving speed of transport vehicle by the drivers of
the transport vehicles in a range from ten to twenty kilometres per hour, shall –
entail a fine in amount of ten monthly calculation indices.
2. Exceeding of established driving speed of the transport vehicle in a range from
twenty to forty kilometres per hour, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Exceeding of established driving speed of the transport vehicle in a range more
than forty kilometres per hour, shall –
entail a fine in amount of thirty monthly calculation indices.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of forty monthly calculation indices.
Article 593. Non-compliance with the rules of stopping of
the route vehicles, traffic in residential areas,
carriage of passengers and cargo and other gross
violations of the road traffic rules
1. Non-compliance with the rules of stopping of the route vehicles, traffic in
residential areas, carriage of passengers and cargo, use of the equipped seat belts when
moving in transport vehicles, crash helmets upon operation of motorcycles and carriage
of passengers on them, towage of transport vehicles, use of
lighting equipment in night time or in conditions of insufficient visibility,
shall –
entail a fine in amount of five monthly calculation indices.
2. Carriage of hazardous cargo by mechanical transport vehicles or specialized
mechanical transport vehicles with the violation of the established rules, and equally
without the special permit for carriage of hazardous cargo of the classes 1, 6 and 7,
shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indics.
3. Transit of heavy mechanical transport vehicles with the excess of weight
parameters without the special permit, as well as fixed with the use of the special
automated measuring means, shall –
entail a fine upon excess of admissible weight parameters up to five tons on
individuals in amount of fifty, on subjects of small entrepreneurship – in amount of one
hundred, on subjects of medium entrepreneurship – in amount of one hundred fifty, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices, upon excess from five to ten tons on individuals in amount of one hundred, on
subjects of small entrepreneurship – in amount of one hundred fifty, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, upon excess
from ten tons and more on individuals in amount of two hundred, on subjects of small
entrepreneurship – in amount of five hundred, on subjects of medium entrepreneurship –
in amount of eight hundred, on subjects of large entrepreneurship – in amount of one
thousand monthly calculation indices.
4. Transit of large-sized mechanical transport vehicles with excess of size
parameters without the special permit, as well as fixed with the use of the special
automated measuring means, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
5. Transit of large-sized and (or) heavy mechanical transport vehicles with excess
of one of the parameters or with deviation from the route or terms stated in the special
permit, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
6. Carriage of cargo by a dump truck the maximum allowable weight of which exceeds
admissible gross mass of mechanical transport vehicle established by the legislation of
the Republic of Kazakhstan on public roads, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
7. Excess of admissible weight and size parameters by a sender of cargo,
established by the legislation of the Republic of Kazakhstan in the process of loading
of mechanical transport vehicle, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of righty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
8. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 594. Violation of the rules for passage of crossroads
or intercrossing of carriage way
1. Driving on a crossroad or intercrossing of carriage way in the case of formed
jam that lead to creation of the obstacle (jam) for the flow of transport vehicles in a
transverse direction, shall –
entail a fine in amount of ten monthly calculation indices.
2. Non-performance of the requirement of the road traffic rules to give the road
to a transport vehicle enjoying the right of priority of passing the crossroads, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Violation of the rules for passing the crossroads, with the exception of cases
provided by parts one and two of this Article, shall –
entail a fine in amount of five monthly calculation indices.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 595. Violation of the rules of maneuvering
1. Non-performance of the requirement of the road traffic rules to set a signal
before moving, turning or stopping, shall –
entail a fine in amount of five monthly calculation indices.
2. Turning or backing at the places when such maneuvers are prohibited, shall –
entail a fine in amount of ten monthly calculation indices.
3. Non-performance of the requirement of the road traffic rules to give the road
to a transport vehicle enjoying the right of priority of moving, with the exception of
cases provided by a part two of Article 594 and Article 598 of this Code, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of twenty monthly calculation indices.
Article 596. Violation of the rules of situation of a transport
vehicle on a carriage way, opposite pass-by or overdrive
1. Moving on pedestrian footpaths, waysides or sidewalks in violation of the road
traffic rules, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Violation of the rules of situation of a transport vehicle on a carriage way,
opposite pass-by or overdrive without driving on the side of the carriage way designated
for opposite traffic, and equally crossing the organized transport or pedestrian columns
or taking a place in there, shall –
entail a fine in amount of twenty monthly calculation indices.
3. Driving on the side of a carriage way designated for opposite traffic in the
cases if it is prohibited by the road traffic rules, shall –
entail deprivation of the right of operation of transport vehicles for the term of
one year.
4. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of thirty monthly calculation indices.
5. The action provided by a part three of this Article committed by a person
deprived of the right of operation of a transport vehicle, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 597. Violation of the rules for stopping or parking
of transport vehicles
1. Violation of the rules for stopping or parking of transport vehicles, with the
exception of cases provided by a part one of Article 593, Article 607 of this Code and
parts two, three of this Article, shall –
entail a fine in amount of ten monthly calculation indices.
2. Violation of the rules for stopping or parking of transport vehicle on a
sidewalk, as well as stopping or parking of transport vehicles on garden beds,
children’s playgrounds and sports grounds, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Violation of the rules for stopping or parking of transport vehicles on a
carriage way that entailed creation of the obstacles for moving of other transport
vehicles, shall –
entail a fine in amount of twenty monthly calculation indices.
4. Violation of the rules for stopping or parking of transport vehicles at the
places allocated for stopping or packing of the transport vehicles for disabled persons,
shall –
entail a fine in amount of fifty monthly calculation indices.
4-1. Avoidance from payment for parking at the places equipped by the special
certified devices designated for taking payment for parking and recording time of
parking of transport vehicles determined by the local executive bodies of oblasts,
cities of republican significance and the capital, shall –
entail a fine in amount of three monthly calculation indices.
4-2. The action provided by a part 4-1 of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of five monthly calculation indices.
5. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of thirty monthly calculation indices.
6. The action provided by a part four of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of seventy five monthly calculation indices.
Footnote. Article 597 as amended by the Law of the Republic of Kazakhstan dated
05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 598. Non-provision of a priority while moving to
the transport vehicle of operative and special services
with the turned on special light and audit alarms
1. Non-provision of a priority while moving to the transport vehicle of operative
and special services with the rotating beacon and special audio alarm turned on at the
same time, shall –
entail a fine in amount of seven monthly calculation indices.
2. Non-provision of a priority while moving to the transport vehicle of operative
and special services having special colour schemes, signatures and designations marked
on the exterior surface, with the rotating beacon and special audio alarm turned on at
the same time, shall –
entail a fine in amount of ten monthly calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 599. Driving through red traffic light or through
restricted gesture of a traffic-controller
1. Driving through red traffic light or through restricted gesture of a traffic-
controller, with the exception of cases provided by a part one of Article 607 of this
Code, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 600. Non-provision of a priority while moving to
pedestrians or other road traffic participants
1. Non-fulfillment of the requirements of the road traffic rules to give the road
to pedestrians or other road traffic participants, with the exception of the drivers of
transport vehicles taking priority while moving, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 601. Non-compliance with the requirements prescribed
by road signs or marking of a carriage way 1. Non-compliance with the requirements prescribed by road signs or marking of a
carriage way, with the exception of cases provided by the other Articles of this
chapter, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 602. Violation of the rules for conduct of driving
lessons, use of external lights and (or) audio alarms,
application of alarm signaling by drivers of transport vehicles
1. Violation of the rules for conduct of driving lessons, use of external lights
and (or) audio alarms, application of alarm signaling and breakdown triangle by drivers
of transport vehicles, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of seven monthly calculation indices.
Article 603. Violation of the rules for installation of devices
on a transport vehicle for giving special light and (or) audio
alarms or illegal marking of the special colour schemes of the
automobiles of operative and special services
1. Installation of the lights with red colour or reflective arrangements of red
color on a front element of a transport vehicle, and equally the lights the colour and
work regime of which do not conform to the requirements of admission of the transport
vehicles to operation, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of seventy, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices,
with the confiscation of the mentioned devices and arrangements.
2. Installation of devices for giving special light and (or) audio alarms (with
the exception of security alarm) on a transport vehicle without the relevant permit,
shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of two thousand hundred monthly calculation indices, with
the confiscation of the mentioned devices.
3. Illegal marking of the special color schemes of the automobiles of operative
and special services on exterior surface of a transport vehicle, shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of two thousand hundred monthly calculation indices.
Article 604. Violation of the rules for training of drivers
of transport vehicles
1. Violation of the rules for training of drivers of transport vehicles, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail deprivation of the qualifying certificate of an individual, fine on
subjects of small entrepreneurship in amount of sixty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices, with the exclusion of
educational organizations on training of the drivers of transport vehicles from
register.
Article 605. Breach of the legislation of the Republic of
Kazakhstan in the scope of road traffic
1. Non-fulfillment of the obligations by the professional associations on training
of drivers of transport vehicles provided by the Law of the Republic of Kazakhstan “On
road traffic”, shall –
entail a fine in amount of one hundred monthly calculation indices.
2. Non-fulfillment and (or) improper fulfillment of written prescription of the
authorized body on ensuring the road traffic safety on elimination of the violation of
legality within established term by the professional associations, shall –
entail a fine in amount of one hundred fifty monthly calculation indices with the
suspension of certificate on accreditation of the professional association on training
of drivers of transport vehicles.
3. Failure to eliminate the reasons by which the authorized body on ensuring the
road traffic safety suspended the validity term of the accreditation certificate of a
professional association on training of drivers of transport vehicles, shall –
entail deprivation of the accreditation certificate of the professional
associations on training of drivers of transport vehicles.
4. Violation of the requirements of the Law of the Republic of Kazakhstan “On road
traffic” by the professional association on training of drivers of transport vehicles,
that are the grounds for deprivation of the accreditation certificate, shall –
entail the deprivation of the accreditation certificate of the professional
associations on training of drivers of transport vehicles.
5. Non-fulfillment of the obligations provided by the Law of the Republic of
Kazakhstan “On road traffic” by the educational organization on training of drivers of
transport vehicles, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
6. The action provided by a part five of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with the
exclusion of educational organizations on training of drivers of transport vehicles from
register.
7. Non-fulfillment of a written prescription of the authorized body on ensuring
the road traffic safety on elimination of the violation of legality by the educational
organization on training of drivers of transport vehicles within established term, shall
–
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 606. Violation of the traffic rules by a road traffic
participant that entailed creation of emergency situation 1. Violation of the traffic rules by a road traffic participant that entailed
creation of emergency situation, i.e. that forced the other road traffic participants to
change speed, direction of movement dramatically, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of six months.
Article 607. Violation of the rules for transit
of railroad crossing
1. Crossing of railway lines outside a railroad crossing, driving on the railroad
crossing upon closed or closing barrier or upon restricted traffic light or signal of a
duty attendant on crossing, and equally stopping or parking on the railroad crossing,
shall –
entail a fine in amount of ten monthly calculation indices.
2. The actions provided by a part one of this article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail the deprivation of the right of operation of transport vehicle for the tem
of six months.
Article 608. Operation of a transport vehicle by the driver
being in a state of alcohol, narcotic and (or) substance abuse
intoxication, and equally transfer of operation of the
transport vehicle to the person being in a state of alcohol,
narcotic and (or) substance abuse intoxication
1. Operation of a transport vehicle by the driver being in a state of alcohol,
narcotic and (or) substance abuse intoxication, and equally transfer of operation of the
transport vehicle to the person being in a state of alcohol, narcotic and (or) substance
abuse intoxication, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of three years.
2. The actions provided by a part one of this Article that entailed creation of
emergency situation, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of four years.
3. The actions provided by a part one of this Article that entailed infliction of
harm to health to an injured party that do not have the signs of a criminally punishable
act, or damage of the transport vehicles, cargo, road and other structures or another
property, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of five years.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after expiration of the term of the administrative
sanction, shall –
entail the administrative arrest for fifteen days and deprivation of the right of
operation of transport vehicle for the term of six years.
5. The actions provided by a part four of this Article committed repeatedly second
time within a year after expiration of the term of administrative sanction provided by a
part four of this Article, shall –
entail the administrative arrest for a term of thirty days and deprivation of the
right of operation of transport vehicles for the term up to ten years.
6. The actions provided by parts one, two and three of this Article committed by
the persons that do not have the rights of operation of transport vehicles, shall –
entail the administrative arrest for the term up to twenty days.
7. The actions provided by a part six of this Article committed repeatedly second
time within a year after expiration of the term of the administrative sanction provided
by a part six of this Article, shall –
entail the administrative arrest for the term up to thirty days.
8. The actions provided by parts six and seven of this Article committed by the
persons to which the administrative arrest in accordance with a part two of Article 50
of this Code is not applied, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 609. Carrying out of regular automobile carriage
of passengers and luggage without the relevant certificate
confirming the right to service the routes
of mentioned carriage
1. Carrying out of regular automobile carriage of passengers and luggage without
the relevant certificate confirming the right to service the routes of mentioned
carriage, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of twenty five monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 610. Violation of the established road traffic safety
rules by drivers of transport vehicles that entailed
infliction of harm to health of the people, damage
of transport vehicles or another property 1. Violation of the established road traffic safety rules by drivers of transport
vehicles that entailed damage of transport vehicles, cargo, roads, road and other
structures or another property, that inflicted material damage, shall –
entail a fine in amount of ten monthly calculation indices or deprivation of the
right of operation of transport vehicle for the term of nine months.
2. The same action that entailed infliction of light harm to health of an injured
party, shall –
entail a fine in amount of fifteen monthly calculation indices and deprivation of
the right of operation of transport vehicle for the term of one year.
3. The actions provided by parts one and two of this Article committed by a person
that do not have the right of operation of transport vehicles, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 611. Non-fulfillment of the obligations by a driver
due to traffic accident
1. Non-fulfillment of the obligations provided by the legislation of the Republic
of Kazakhstan in the scope of road traffic by a driver due to traffic accident the
participant of which he (she) is, with the exception of the cases provided by a part two
of this Article, shall –
entail a fine in amount of five monthly calculation indices.
2. Leaving the place of the traffic accident in violation of the road traffic
rules by a driver the participant of which he (she) was, shall –
entail the deprivation of the right of operation of transport vehicles for a term
of one year.
3. The action provided by a part two of this Article committed by the person being
deprived of the right of operation of transport vehicle or that did not have the right
of operation of transport vehicles, shall –
entail a fine in amount of one hundred monthly calculation indices or
administrative arrest for the term of thirty days.
Note. The person that left the place of traffic accident due to rendering of
medical assistance to an injured party shall be released from the liability in
accordance with this Article.
Articled 612. Operation of transport vehicle without the
documents and that do not have the rights of operation 1. Operation of transport vehicle by the driver that does not have the driving
license or temporary certificate issued instead of the driving license for the right of
operation, insurance policy on compulsory insurance of civil liability of the owners of
transport vehicles and (or) on compulsory insurance of civil liability of a carrier
before a passenger, registering and another documents for the transport vehicle
established by the legislation, shall –
entail a fine in amount of five monthly calculation indices.
2. Operation of transport vehicle by the person that does not have the right of
its operation (except for driving lessons), and equally operation of transport vehicle
by the driver that does not have the right of operation of the relevant category of
transport, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Operation of transport vehicle by a driver being deprived of the right of
operation of transport vehicle, shall –
entail a fine in amount of ten monthly calculation indices.
4. The actions provided by parts two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of thirty monthly calculation indices.
5. Transfer of operation of the transport vehicle to the person that does not have
the right of operation (with the exception of cases of driving instruction in accordance
with the established rules), or to the person being deprived of the right of operation
of transport vehicle, shall –
entail a fine in amount of fifty monthly calculation indices.
6. The action provided by a part five of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of seventy monthly calculation indices.
Article 613. Non-performance of the requirements of an employee
of the bodies of internal affairs (police), transport control
on the checkpoints of mechanical transport vehicles through the
State Border of the Republic of Kazakhstan and on the posts of
transport control in a territory of the Republic of Kazakhstan,
military police, avoidance from passing certification of the
state of alcohol, drug and (or) substance abuse intoxication
1. Non-performance of the legal requirement of an employee of the bodies of
internal affairs (police), military police (exceptionally by the person that operates
the transport vehicle of the national security bodies, Armed Forces of the Republic of
Kazakhstan, other forces and military formations of the Republic of Kazakhstan) on
stopping of the transport vehicle, shall –
entail the deprivation of the right of operation of transport vehicles for the
term of one year, and in respect of the persons that do not have or deprived of such
right – fine in amount of twenty monthly calculation indices.
2. Non-performance of the legal requirement of an employee of the bodies of
transport control on the posts of the transport control in a territory of the Republic
of Kazakhstan on stopping the transport vehicle, shall –
entail a fine in amount of ten monthly calculation indices or deprivation of the
right of operation of transport vehicles for the term from six months to one year.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of thirty monthly calculation indices.
4. Non-performance of the legal requirement of an employee of the bodies of
internal affairs (police), military police (exceptionally by the person that operates
the transport vehicle of the national security bodies, Armed Forces of the Republic of
Kazakhstan, other forces and military formations of the Republic of Kazakhstan) on
passing certification of the state of alcohol, drug and (or) substance abuse
intoxication in accordance with the established procedure, shall –
entail the deprivation of the right of operation of transport vehicles for the
term of two years.
5. The action provided by a part four of this Article committed repeatedly second
time within a year after expiration of the term of administrative sanction, shall –
entail the administrative arrest for the term of fifteen days and deprivation of
the right of operation of transport vehicle for the term of six years.
6. The action provided by a part five of this Article committed repeatedly second
time within a year after expiration of the term of the administrative sanction provided
by a part five of this Article, shall –
entail the administrative arrest for the term of thirty days and deprivation of
the right of operation of transport vehicles for the term of ten years.
7. The action provided by parts four, five and six of this Article committed by
the person being deprived of the right of operation of transport vehicle, shall –
entail the administrative arrest for the term of twenty days.
8. The actions provided by a part seven of this Article committed repeatedly
second time within a year after expiration of the term of administrative sanction
provided by a part seven of this Article, shall –
entail the administrative arrest for the term of thirty days.
9. The action provided by a part four of this Article committed by the persons
that do not have the right of operation of transport vehicles, shall –
entail the administrative arrest for the term of twenty days.
10. the action provided by a part nine of this Article committed repeatedly second
time within a year after expiration of the term of the administrative sanction provided
by a part nine of this Article, shall –
entail the administrative arrest for the term of thirty days.
11. The actions provided by parts seven, eight, nine and ten of this Article
committed by the persons to which the administrative arrest in accordance with a part
two of Article 50 of this Code is not applied, shall –
entail a fine in amount of two hundred monthly calculation indices.
12. Leaving a cab (passenger compartment) of the transport vehicle by a driver and
passengers (passenger) in case of its stopping by an employee of the bodies of internal
affairs (police), military police (exceptionally by the person that operates the
military transport vehicle) without his (her) permission, as well as non-performance of
the requirements by them on stepping out from the cab (passenger compartment) of the
transport vehicle, shall –
entail a fine on the driver and passengers (passenger) in amount of five monthly
calculation indices.
13. The actions provided by a part twelve of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on the driver and passengers (passenger) in amount of ten monthly
calculation indices.
Note. The requirement of employees of the bodies of internal affairs (police),
transport control, military police in the official uniform on stopping of the transport
vehicle shall be expressed by signalling with a gesture of hand or traffic baton with
the simultaneous whistle signal or with the use of loudspeaker system. The alarms shall
be understandable for a driver and set in due time so their performance does not create
the emergency situation.
Footnote. Article 613 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 614. Creation of the obstacles for movement
of transport vehicles
Intended creation of obstacles for movement of transport vehicles, and equally
failure to perform the requirements of the civil servants being authorized to carry out
the control of compliance with the traffic rules of transport, on elimination of such
obstacles, shall –
entail a fine on individuals in a mount of three, on civil servants – in amount of
ten monthly calculation indices.
Article 615. Violation of the traffic rules by pedestrians and
other road traffic participants 1. Non-performance of the requirements by pedestrians and other road traffic
participants established by the road traffic safety rules, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article that entailed infliction of
harm to health of an injured party that does not have the signs of a criminally
punishable act or that inflicted material damage, shall –
entail a fine in amount of ten monthly calculation indices.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. The action provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices or administrative
arrest for the term of three days.
Note. The other road traffic participants in this Article shall be regarded as the
persons operating scooters, bicycles and horse-drawn carriages, drovers leading baggage,
riding animals or herd, as well as passengers of the transport vehicles.
Article 616. Violation of the rules of organizing and
conducting compulsory technical inspection of
motor vehicles and their trailers 1. Violation of the rules of organizing and conducting compulsory technical
inspection of motor vehicles and their trailers committed in the form of:
1) issuance of the diagnostic card of technical inspection with the indication of
parameters that do not conform to the technical inspection of the motor vehicles and
their trailers established upon conduct of the inspection of activity of the operator of
technical inspection;
2) unreasonable refusal from conduct of compulsory technical inspection;
3) non-representation of the details to the single informational system of
compulsory technical inspection of the motor vehicles and their trailers;
4) failure to notify or untimely notification on changing location of the centre
of technical inspection;
5) failure to inform the population on a schedule for conducting compulsory
technical inspection in a region of activity;
6) violation of a schedule for conducting compulsory technical inspection;
7) issuance of the diagnostic card of technical inspection by the operator of
technical inspection without conducting compulsory technical inspection;
8) conduct of compulsory technical inspection without the use of control and
diagnostic equipment or with defective control and diagnostic equipment and (or) that
did not pass the adjustment;
9) failure to ensure the archival storage of video files of the daily video
recording within six months from the date of conduct of compulsory technical inspection;
10) absence of video recording of the procedure for conduct of compulsory
technical inspection or photographic recording of the transport vehicle in a diagnostic
card of technical inspection;
11) drawing up and issuance of a diagnostic card of technical inspection that does
not conform to the approved form;
12) failure to enter, and equally entering of inaccurate and (or) incomplete
details to the single informational system of compulsory technical inspection of the
motor vehicles and their trailers;
13) non-conformance of the production premise and territory of a centre of
technical inspection to the requirements established by the state standards, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of thirty monthly calculation indices.
2. Combination of rendering of the services on conducting compulsory technical
inspection and repair, technical maintenance of the motor vehicles and their trailers,
shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices, with the
exclusion of the operators of technical inspection from register.
3. Rendering of services on repair and technical maintenance of the motor vehicles
and their trailers in a territory of the centre of technical inspection, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices.
4. Provision of knowingly false information upon entering of the operators of
technical inspection into register, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices, with the
exclusion of the operators of technical inspection from register.
5. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices, with the
exclusion of the operators of technical inspection from register.
Article 617. Release of the transport vehicles having
technical defects in operation and other violations
of the rules of operation 1. Non-performance of the requirements, established road traffic safety rules by
the persons being liable for technical condition and operation of the transport
vehicles, with the exception of the cases provided by Article 619 of this Code, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
2. The same actions that entailed the infliction of the light harm to health of an
injured party or damage of transport vehicles, cargo, road or other structures or
another property, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices.
Footnote. Article 617 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 618. Recognition or issuance of certificates or other
documents confirming conformance of new transport vehicles in
violation of the established standards in the field of ensuring
the safety requirements of the transport vehicles 1. Recognition or issuance of certificates or other documents confirming the
conformance of transport vehicles in violation of the established standards in the field
of ensuring the safety requirements of the transport vehicles being the ground for their
admission of participation in road traffic, shall –
entail a fine in amount of two hundred monthly calculation indices with the
deprivation of the right of engagement in this activity for the term of one year.
2. The actions provided by a part one of this Article that entailed damage of
transport vehicles or another property, shall –
entail a fine in amount of three monthly calculation indices with the deprivation
of the right of engagement in this activity for the term of two years.
3. The actions provided by a part one of this Article that entailed infliction of
the bodily damage of light and average gravity, shall –
entail a fine in amount of five hundred monthly calculation indices with the
deprivation of the right of engagement in this activity for the term of three years.
Footnote. Article 618 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 619. Permit to operation of transport vehicle to the
driver that does not have the right of operation of transport
vehicles, and equally the relevant category
1. Permit to operation of transport vehicle to the driver that does not have or
being deprived of the right of operation of transport vehicle, and equally the relevant
category by the person being liable for technical condition and operation of the
transport vehicles, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
2. The same action that entailed infliction of a light harm to health of an
injured party or damage of transport vehicles, cargo, road or other structures or
another property, shall –
entail a fine on individuals in amount of fifty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of seventy, on subjects
of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
Article 620. Violation of other requirements submitted to
road traffic participants
Violation of other requirements submitted to the road traffic participants
established by the road traffic safety rules not listed in this chapter of the Code,
shall –
entail a notification or fine in amount of three monthly calculation indices.
Note. Upon drawing up of a protocol, it shall be stated which rules of the road
traffic safety rules is violated.
Article 621. Violation of the rules of carriage of hazardous
substances or subjects by transport
1. Violation of the rules of carriage of hazardous substances or hand-luggage
subjects by railway transport, shall –
entail a notification or fine in amount of one monthly calculation index.
2. Violation of the rules of carriage of hazardous substances or subjects by
marine and river transport, as well as non-fulfillment of the obligations by civil
servants on registration of the operations with hazardous substances or subjects in the
relevant documents, entering of inaccurate records or unlawful refusal to represent such
documents to the relevant civil servants, shall –
entail a notification or fine in amount of ten monthly calculation indices.
3. Violation of the rules of carriage of hazardous substances or subjects in
aerial vehicles, shall –
entail a fine in amount of ten monthly calculation indices with the confiscation
of mentioned substances and subjects.
4. Carrying of explosive substances or subjects in a bus, tram, trolley, taxi bus,
as well as their delivery in luggage or in storage room of automobile transportation,
shall –
entail a fine in amount of three monthly calculation indices.
Article 622. Violation of the rules of using public urban
and suburban transport 1. Violation of the rules of using tram, trolley, bus of urban and suburban
communication or taxi committed in the form of transit on footboards and other
projecting parts of transport vehicle, entering and quit while moving, obstruction of
opening and closing doors, carrying of cutting items without the relevant packing, as
well as items and things polluting the passenger compartment and clothes of passengers,
shall –
entail a fine in amount of one monthly calculation index.
2. Avoidance from paying passenger fare in public transport, shall –
entail a fine in amount of two monthly calculation indices.
Footnote. Article 622 is in the wording of the Law of the Republic of Kazakhstan
dated 05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the
date of its first official publication).
Article 623. Ticketless carriage of passengers
Ticketless carriage of passengers:
1) in aerial vehicles performing the flights on international air routes, shall –
entail a fine in amount of ten monthly calculation indices;
2) in aerial vehicles performing the flights on internal air routes, shall –
entail a fine in amount of eight monthly calculation indices;
3) in trains of international communication, shall –
entail a fine in amount of seven monthly calculation indices;
4) in trains of intra-republican communication, shall –
entail a fine in amount of five monthly calculation indices;
5) in marine vessels of international communication, shall –
entail a fine in amount of seven monthly calculation indices;
6) in marine vessels of intra-republican communication, shall –
entail a fine in amount of six monthly calculation indices;
7) in river vessels of international communication, shall –
entail a fine in amount of six monthly calculation indices;
8) in river vessels of intra-republican communication, shall –
entail a fine in amount of five monthly calculation indices;
9) in a tram, trolley, bus of urban and suburban communication and taxi bus, shall
–
entail a fine in amount of five monthly calculation indices;
10) in a bus of international, inter-city inter-oblast, inter-district (inter-city
intra-oblast) and intra-district communication, shall –
entail a fine in amount of seven monthly calculation indices.
Article 624. Violation of the rules for organizing sales,
prolongation of the validity term of travel documents (tickets)
and work of booking office windows in railway transport
Violation of the rules for organizing sales, prolongation of the validity term of
travel documents (tickets) and work of booking office windows in railway transport,
shall –
entail a fine on subjects of small entrepreneurship in amount of five, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of thirty monthly calculation indices.
Article 625. Violation of the rules of protection of cargo on
railway, marine, river and automobile transport
1. Damage of a rolling stock, containers, floating and other transport vehicles
designated for carriage of cargo, as well as transportation appliances, shall –
entail a fine in amount of five monthly calculation indices.
2. Damage of seals and locking devices of goods wagons, automobiles, automobile
trailers, containers, holds and other cargo spaces of the floating crafts, breakage of
seals from them, damage of separate cargo items and their packing, packs, fences of
cargo sites, railway stations, cargo automobile stations, container terminals (grounds),
ports (berths) and warehouses that are used for performance of the operations linked
with cargo operations, as well as staying without the relevant permit in a territory of
the cargo sites, container terminals (grounds), cargo districts (fields), ports
(berths), locks and warehouses mentioned above, shall –
entail a fine in amount of ten monthly calculation indices.
Article 626. Violation of the rules on protection of
cargo on air transport 1. Damage of seals and locking devices of containers, breakage of seals from them,
damage of separate cargo items and their packing, packs, fences of warehouses that are
used for performance of the operations linked with cargo operations on air transport,
shall –
entail a fine in amount of ten monthly calculation indices.
2. Damage of containers and transport vehicles designated for carriage of cargo on
air transport, shall –
entail a fine in amount of ten monthly calculation indices.
Article 627. Violation of the rules of operation of tractors,
other self-propelled vehicles and equipment
Violation of the rules of operation of tractors, other self-propelled vehicles and
equipment, with the exception of the rules provided by Articles 333, 334, 590, 610, 617,
619 of this Code, shall –
entail a fine on individuals in amount of three monthly calculation indices.
Article 628. Untimely payment of passenger fare on toll
automobile roads (fields)
Untimely payment of passenger fare on toll automobile roads (fields), shall –
entail a fine on individuals in amount of five, on legal entities – in amount of
ten monthly calculation indices.
Article 629. Systematic violation of the rules of operation and
road traffic by individuals operating transport vehicles
Footnote. Article 629 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 630. Damage of roads, railroad crossings and
other road structures
1. Damage of roads, railroad crossings and other structures or technical means of
regulating road traffic, including pollution of the road surface or driving of animals
outside the special allocated places and through the roads with improved surface, as
well as visibility restriction of the means of regulating road traffic due to
installation of different structures or planting of green plantings, or their untimely
cutting, shall –
entail a fine on individuals in amount of two, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. Violations provided by a part one of this Article that entailed traffic
accident with infliction of a light harm to health of an injured party, damage of
transport vehicles, cargo or another property, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Footnote. Article 630 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 631. Violation of the rules of maintenance of the
roads, railroad crossings and other road structures 1. Non-fulfillment of the requirements on performance of works on the roads,
maintenance of roads, railroad crossings and road structures, other requirements
established by the road traffic safety rules, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large
entrepreneurship – in amount of thirty monthly calculation indices.
2. The actions provided by a part one of this Article that entailed the traffic
accident with infliction of a light harm to health of an injured party, damage of
transport vehicles, cargo, roads, road and other structures or another property, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of
large entrepreneurship – in amount of thirty monthly calculation indices.
Footnote. Article 631 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 632. Violation of the rules of maintenance of the
control wells of underground facilities creating
a threat to road traffic safety
1. Violation of the rules of maintenance of the control wells of underground
facilities being on a carriage way, and equally failure to take measures on elimination
of the defects of the underground facilities leading to water, technical fluids, steam
outflow on a road surface and demolition of the roadway, creation of icing, visibility
restrictions and other obstacles due to this reason, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of ten, on subjects of medium entrepreneurship – in amount of
twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation
indices.
2. The same violations that entailed traffic accident with infliction of a light
harm to health of the people, damage of transport vehicles, cargo and another property,
shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of fifteen, on subjects of medium entrepreneurship – in amount
of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Footnote. Article 632 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 633. Violation of the rules of protection and use
of the right of way of automobile roads 1. Plowing land reserves, cutting, grubbing and damage of plantings, turf removal
and digging of earth, storage materials and cargo, performance of topographic and other
works, equipping of crossroads and entrances, building of structures, underground and
above-ground structures or communications, installation of advertising and another
information in a right of way of automobile roads without coordination in the
established manner, as well as firing, cattle grazing, landfill and snow disposal sites,
trade outside the established places within the borders of the right of way, disposal of
sewage, commercial, amelioratory and discharge waters in a roadway drainage system or
use of the road side ditches as irrigators, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices.
2. The violations provided by a part one of this Article that entailed the traffic
accidents with infliction of light bodily damage to the people, damage of transport
vehicles or another property or committed repeatedly second time within a year after
imposition of the administrative sanction provided by a part one of this Article, shall
–
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Article 634. Violation of the rules of operation and protection
of automobile roads and road structures by land users Failure to fulfill the obligations on arrangement, repair and regular clearing of
pedestrian footpaths and pedestrian (crossing) overpasses, irrigation systems admitting
water logging of automobile roads and bogging of the right of way being settled on the
fields of land users adjoining to the right of way of automobile roads, as well as the
obligations on maintenance of technical working condition and clearance of the egresses
from the fields being settled on these users or approaching lines to the public
automobile road, including the crossing overpasses, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of thirty monthly calculation indices.
Article 635. Violation of the rules of protection
of main pipelines
Violation of the rules of protection of main pipelines, shall –
entail a notification or fine on individuals in amount of one, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of thirty monthly calculation indices.
Chapter 31. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF INFORMATIZATION AND COMMUNICATION
Article 636. Illegal connection of terminal units (equipment)
to the telecommunication networks 1. Illegal connection of terminal units (equipment) to the telecommunication
networks, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty five, on subjects of
medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in
amount of three hundred monthly calculation indices, with the confiscation of the
terminal units (equipment).
Note. The terminal units (equipment) shall be regarded as the technical means of
signal forming of electrical and radio communication connected to the lines and being in
use of the subscribers for transfer and receipt of the information set by the
subscribers through the channels of communications (radio broadcasting points, telephone
apparatuses, telefax machines, data transmission units, terminal units of different
telematics services, equipment of the cable television, extenders of telephone link,
radio telephones and others).
Article 637. Breach of the legislation of the Republic of
Kazakhstan in the field of communications
1. Breach of the legislation of the Republic of Kazakhstan in the field of
communications committed in the form of:
1) unreasonable refusal of an incumbent operator from connection of the
telecommunication networks to the public telecommunication network, as well as violation
of the procedure for traffic transmission;
2) violation of the terms for connection of telecommunication networks to the
public communication network provided by the legislation of the Republic of Kazakhstan
in the field of communications;
3) violation of the levels of connecting telecommunication networks by
communications providers, including traffic transmission and procedure for settlement
payments;
4) cutoff and (or) limitation of communications with the numbers of gratuitous
connections with emergency medical, law enforcement, fire, accident, reference and other
services;
5) non-compliance with the size of tariffication units;
6) limitation of the subscribers’ rights by communications providers on own
networks on choosing a provider of inter-city and (or) international telephone
communications;
7) failure to notify the subscribers about a cost of connecting upon providing the
access to intellectual services (lottery, voting, game shows, quiz programs, reference
and information services, dating services);
8) rendering of communication services to users that do not conform to the quality
standards, technical regulations and quality indices of the communication services;
9) use of the radio frequency spectrum for the purposes other than that intended
type of communications and (or) standard, and equally non-conformance of the technical
parameters of the radio frequency spectrum and radio electronic means to the data stated
in a special permit;
10) non-compliance with the procedure for carrying out the transfer of
subscriber's numbers in cellular networks by a communications provider, as well as
organizational technical interaction with the data base statement of the subscribers’
numbers upon rendering of the services of transferring the subscribers’ numbers, shall –
entail a fine on civil servants, subjects of small entrepreneurship – in amount of
twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
2. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
forty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices.
3. Violation of the obligation on collection and storage of official information
on subscribers, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
4. The action provided by a part three of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices, with the
suspension of a separate type of activity or license validity term for a particular type
of activity up to three months.
Article 638. Use of the communications means subjected
to the compulsory confirmation of conformance,
but that did not pass it
1. Use of the technical means of communications in unified telecommunications
network of the Republic of Kazakhstan, and equally use of radio electronic means and
high frequency devices that are the sources of electromagnetic radiation, technical
means of postal communications subjected to the compulsory confirmation of conformance
in the field of technical regulation and that did not pass it, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of sixty, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices, with
the confiscation of non-approved communications means.
Article 639. Violation of the requirements on operation of the
means of protection of informational resources
Violation of the requirements on operation of the means of protection of
informational resources, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 640. Breach of the legislation of the Republic
of Kazakhstan on electronic document and
electronic digital signature
1. Non-fulfillment of the obligations provided by the legislative act of the
Republic of Kazakhstan on electronic document and electronic digital signature by the
certification authority, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. Non-fulfillment of the obligations provided by the legislative act of the
Republic of Kazakhstan on electronic document and electronic digital signature by the
owner of certification authority, shall –
entail a fine in amount of fifty monthly calculation indices.
3. Unlawful receipt of the privacy key and (or) use of the other’s electronic
digital signature, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
4. Non-fulfillment of the obligations provided by the legislative act of the
Republic of Kazakhstan on electronic document and electronic digital signature by the
participants of the electronic document management system, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 641. Breach of the legislation of the Republic of Kazakhstan on
informatization Use of electronic informational resources containing confidential details on
individuals and legal entities, for the purpose of infliction of property and moral
damage to them, restriction of exercising the rights and freedoms guaranteed by the
legislative acts of the Republic of Kazakhstan, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Chapter 32. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
MILITARY OBLIGATIONS, MILITARY SERVICE AND DEFENCE
Article 642. Non-representation or untimely representation
of the lists of citizens to the local body of military
administration subjected to primal military registration
or assignment to the draft offices
Non-representation or untimely representation of the lists of citizens to the
local body of military administration subjected to primal military registration or
assignment to the draft offices within established term, shall –
entail a fine on civil servants of organizations, educational organizations, as
well as civil servants of the organizations carrying out operation of residential
houses, and house owners – in amount of ten, on chief executive officers of
organizations, educational organizations – in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Article 643. Unlawful actions (omission) that entailed
non-fulfillment of the measures of civil defence
Unlawful actions (omission) that entailed non-fulfillment of the measures of civil
defence, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 644. Non-notification of citizens on calling local
body of military administration Non-notification of citizens on calling local body of military administration by a
head or other responsible person of the organization liable for military registration
work, and equally non-ensuring the possibility of the well-timed appearance for citizens
on calling of the local body of military administration, shall –
entail a fine in amount of ten monthly calculation indices.
Article 645. Untimely representation of the details on changing
the composition of resident citizens being liable or obliged
to be liable for military duty Untimely representation of the details on changing the composition of permanently
residing citizens being liable or obliged to be liable for military duty to the bodies
imposed by maintenance of the military registration, shall –
entail a fine in amount of ten monthly calculation indices.
Article 646. Non-notification of the details on the persons
liable for military service, draftees and citizens 1. Non-notification on recognizing the citizens liable or obliged to be liable for
military duty as disabled persons within established term by the civil servant of the
body of social protection of population, as well as on the persons liable for military
service and draftees being under in-patient treatment and subjected to regular medical
check-up by the civil servant of public health organizations to the local body of
military administration, shall –
entail a fine in amount of ten monthly calculation indices.
2. Non-notification on amending the registers for acts of civil status of the
citizens liable or obliged to be liable for military duty within established term by the
civil servant of the civil registry office to the local body of military administration,
shall –
entail a fine in amount of ten monthly calculation indices.
3. Non-notification on the employed citizens (admitted to studies) obliged to be
registered, but that are not registered for military duty at the place of residence by a
head or other civil servants of organization to the body carrying out military
registration, shall –
entail a fine in amount of ten monthly calculation indices.
4. Non-notification on the persons liable for military service and draftees in
respect of whom the inquest or preliminary investigation is carried out, to the local
body of military administration by the civil servants of the bodies of inquiry and
preliminary investigation being liable for notifying within the term established by the
legislation, shall –
entail a fine in amount of ten monthly calculation indices.
5. Non-notification on the persons liable for military service and draftees in
respect of whom the court considers criminal cases, as well as on the verdicts entered
into legal force in respect of them by the civil servants of courts being liable for
notifying the local body of military administration within the term established by the
legislation, shall –
entail a fine in amount of ten monthly calculation indices.
Article 647. Non-fulfillment of the obligations on military
registration by citizens Non-appearance of a citizen being liable or obliged to be liable for military duty
on calling of the local body of military administration within the designated term
without reasonable excuse or arrival to the inhabited locality (administrative district)
for a permanent place of residence or place of temporary stay (for the term more than
three months), as well as on official detached service, studies, vacation or treatment
(for the term more than three months) being liable to refer to the public service centre
at the place of arrival with the application on military registration, shall –
entail a fine in amount of five monthly calculation indices.
Article 648. Avoidance from medical examination or trainings
1. Avoidance from medical certification or examination according to referral of
the commission on military registration or draft committee of the citizens, shall –
entail a fine on persons liable for military service in amount of five monthly
calculation indices, and on draftees – a notification or fine in amount of three monthly
calculation indices.
2. Avoidance of the persons liable for military service from military trainings,
shall –
entail a fine in amount of five monthly calculation indices.
Article 649. Malicious damage or loss of military
registration documents Malicious damage or destruction of the military card or other accounting military
documents of a citizen subjected to call to military service, and equally loss of the
military card or other accounting military documents of the citizen subjected to call to
military service due to the fault of the owner, shall –
entail a notification or fine in amount of five monthly calculation indices.
Article 650. Avoidance from training for military service
Avoidance from training for military service of the draftees on the military
technical specialties according to referral of the bodies of military administration or
non-attendance of studies of educational organizations without reasonable excuses, shall
–
entail a notification or fine in amount of one monthly calculation index.
Article 651. Illegal calling of citizens to compulsory military
service and military service under the contract,
representation of illegal deferrals Illegal calling of citizens to compulsory military service and military service
under the contract or representation of illegal deferrals, shall –
entail a fine in amount of seventeen monthly calculation indices.
Article 652. Breach of the legislation of the Republic of
Kazakhstan in the field of military service
Footnote. The title of Article 652 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Insult of one military servant by another during fulfillment or due to
fulfillment of the obligations of the military service, shall –
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest fir the term up to ten days.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices or administrative
arrest for the term up to fifteen days.
3. Willful leaving the military unit or duty areas, and equally non-appearance at
service in due time without the reasonable excuses upon dismissal from the unit,
appointment, transfer, from detached service, vacation or medical institution lasting
more than two days, but no more than ten days committed by the military servant doing
military service on call or under contract, in time of peace, shall –
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest for the term up to ten days.
4. The actions provided by a part three of this Article lasting more than ten
days, but no more than one month, shall –
entail a fine in amount of fifty monthly calculation indices or administrative
arrest for the term up to fifteen days.
5. Violation of the rules for service by the person that is the part of the
military detail on protection of public order and ensuring the public security, if this
action does not contain the signs of a criminally punishable act shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to five days.
6. Insubordination, i.e. open refusal from execution of the order of the head, and
equally intentional non-execution of the order of the head delivered in established
manner by a subordinate that did not inflict essential damage to service interests shall
–
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest for the term up to fifteen days.
Footnote. Article 652 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 652-1. Insubordination or another non-execution
of the order Footnote. Article 652-1 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 652-2. Willful leaving the unit or duty area Footnote. Article 652-2 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 652-3. Violation of the rules for service on protection
of public order and ensuring the public security
Footnote. Article 652-4 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 33. ADMINISTRATIVE INFRACTIONS ENCROACHING ON
THE INSTITUTE OF THE STATE POWER
Article 653. Contempt of court 1. Contempt of court being expressed in the absence from court without the
reasonable excuses of participants of the proceeding and other persons by summons,
notice, notification or calling in cases when the further consideration of the case in
their absence is impossible, insubordination of the regulations of the chairman in a
court sitting, violation of the rules established in court, as well as the other actions
(omission) obviously indicating contempt of court and (or) judge, shall –
entail a notification or fine in amount of twenty monthly calculation indices or
administrative arrest for the term up to five days.
2. The action (omission) provided by a part one of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of thirty monthly calculation indices or administrative
arrest for the term up to ten days.
Article 654. Responsibility of participants of the
administrative infraction proceeding
Refusal or non-appearance of a participant of a proceeding in the body (civil
servant) considering the case on administrative infraction without the reasonable excuse
that conditioned postponement of the proceeding on the case, shall –
entail a fine in amount of ten monthly calculation indices.
Article 655. Absence from court for fulfillment of
the obligations of a jury
Absence of a citizen from court on calling without the reasonable excuse for
fulfillment of the obligations of a jury, shall –
entail a notification or fine on individuals in amount of ten monthly calculation
indices.
Article 656. Non-presentation of information for making
the lists of candidates for jurors Non-presentation of information required to the local executive bodies for making
the lists of candidates for jurors, and equally representation of inaccurate
information, shall –
entail a notification or fine in amount of fifteen monthly calculation indices.
Article 657. Non-fulfillment of the obligations by a jury,
as well as non-compliance with the restrictions linked
with consideration of a case in judicial proceeding
1. Non-fulfillment of the obligations by a jury, as well as non-compliance with
the restrictions linked with consideration of a case in judicial proceeding established
by the Laws of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of twenty monthly calculation indices.
2. The same actions that entailed removal of a jury from the further participation
in consideration of the case, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices.
Article 658. Refusal or avoidance of a witness from testimony
Refusal or non-appearance of the person subjected to inquiry by the body (civil
servant) authorized to consider the cases on administrative infraction without
reasonable excuses as a witness from testimony, shall –
entail a fine in amount of two monthly calculation indices.
Article 659. Knowingly false testimony of a witness,
injured party, expert conclusion or incorrect translation
1. Knowingly false testimony of a witness, injured party, expert conclusion to the
body (civil servant) upon consideration of the case on administrative infraction and in
the course of conducting examination of medical activity, as well as knowingly incorrect
translation made by a translator in the same cases, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
2. The same actions committed by the experts upon conducting examination of
medical activity repeatedly second time within a year after imposition of the
administrative sanction, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
thirty monthly calculation indices.
Note. The witness, injured party, expert or translator shall be released from
administrative liability, if in the course of considering the case on administrative
infraction they stated on falseness of the testimony, conclusion or incorrect
translation on a voluntary basis before rendering of decision on the case by the
authorized body (civil servant).
Article 660. Concealment of administrative infraction
and falsification of evidences on the cases on
administrative infractions 1. Intentional failure to take measures on initiation of the administrative
infraction proceeding in existence of the components of the infraction within the term
of limitation committed by a civil servant being authorized to draw up a protocol on the
administrative infraction, if this action does not contain the signs of a criminally
punishable act, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Falsification of evidences on the cases on administrative infractions, if this
action did not entail infliction of a harm to human health or essential damage, shall –
entail a fine in amount of fifty monthly calculation indices.
Footnote. Article 660 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 661. Refusal or avoidance of a civil servant from
performance of the regulation or instruction on conducting the
examination or requirement on calling a specialist Refusal or non-appearance of the civil servant to whom the regulation or
instruction of the body of state supervision and control is directed, from conducting
the examination or from requirement on calling a specialist for participation in
exercising control, performance of drawing up the documents, the administrative
infraction proceeding or its consideration, from their performance without reasonable
excuses, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 662. Violation of a personal surety on appearance of
an accused (suspected) person
Violation or non-exercise of the written guarantee by the persons that gave it, on
appearance of an accused (suspected) person to the person carrying out an inquest,
investigator or to the court that entailed avoidance of the accused (suspected) person
from investigation or court, shall –
entail a fine in amount of three monthly calculation indices.
Article 663. Violation of the obligation on ensuring the
appearance of a minor accused (suspected) person
Violation of the written obligation by parents, guardian, trustee or
representative of the administration of a special closed child welfare institution that
gave it, on ensuring the appearance of the minor accused (suspected) person placed under
their care to the investigator, inquirer or to the court that entailed his (her)
avoidance from investigation and court, shall –
entail a fine in amount of one monthly calculation index.
Article 664. Failure to take measures on special ruling,
decree of court, recommendation of a procurator,
investigator or inquirer
Leaving of a special ruling, decree of court, recommendation of a prosecutor,
investigator or inquirer by a civil servant without consideration, or failure to take
measures on elimination of the breaches of the law stated in them, and equally untimely
respond to the special ruling, decree or recommendation, shall –
entail a fine in amount of eight monthly calculation indices.
Article 665. Non-appearance to a prosecutor, investigator and
to the body of inquiry, officer of justice, bailiff
1. Non-appearance on calling of a prosecutor, investigator, body of inquiry for
testimony to the officer of justice, bailiff on the issues of execution proceeding, and
equally refusal or knowingly false testimony, shall –
entail a fine on individuals in amount of three, on civil servants – in amount of
ten monthly calculation indices.
2. Non-performance of the requirements of a prosecutor, investigator, inquirer
submitted on the basis and in the manner established by the Law, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty monthly calculation indices or administrative arrest for the term up to five days.
Article 666. Non-notification or untimely notification
of a prosecutor
Non-notification or untimely notification of a prosecutor on production of the
actions by the state body requiring such notification in accordance with the legislative
acts, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 667. Obstruction of legal activity of a prosecutor,
investigator, inquirer, bailiff, officer of justice
Obstruction of legal activity of a prosecutor, investigator, inquirer, bailiff,
officer of justice being expressed in denying full access to a building, premise or
territory of the state body, organization upon representing service certificate, as well
as refusal from representing required documents, materials, statistical and other
details, conduct of inspections, revisions and examinations, selections of specialists,
and equally failure to perform the requirements, shall –
entail a notification or fine on civil servants in amount of twenty monthly
calculation indices or administrative arrest for the term up to five days.
Article 668. Obstruction of legal activity of an advocate Obstruction of carrying out the legal activity of an advocate or bar association,
legal advice, legal firm by a civil servant being expressed in non-representation or
refusal from representation of required documents, materials or details within the terms
established by the legislation upon written request, required for carrying out of their
professional obligations, if these actions do not have the signs of a criminally
punishable act, shall -
entail a fine in amount of twenty monthly calculation indices.
Article 669. Failure to execute the court verdict, court
decision or another judicial act and enforcement document Failure to execute the court verdict, court decision or another judicial act and
enforcement document, shall –
entail a fine on individuals in amount of ten, on civil servants, private
notaries, judicial enforcement agent, advocates – in amount of twenty monthly
calculation indices or administrative arrest for the term up to five days, on subjects
of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship
– in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 670. Non-execution of the decree and other legal
requirement of an officer of justice bailiff
1. Non-execution of the decrees and other legal requirements of an officer of
justice by civil servants and individuals without reasonable excuses linked with
execution of the enforcement document, including on representation of the details within
the term appointed by him (her) on a place of work of a debtor and his (her) incomes,
performance of deduction according to enforcement document and transmission of the
recovered sum to a recoverer, on levy of execution on sums of money and property of the
debtor being in possession of other individuals and legal entities, shall –
entail a fine on individuals in amount of ten, on legal entities – in amount of
twenty monthly calculation indices.
2. Representation of knowingly inaccurate details to an officer of justice, as
well as on incomes and property status of a debtor, shall –
entail a fine on individuals in amount of twenty, on legal entities – in amount of
fifty monthly calculation indices.
3. Non-performance of legal requirements of a bailiff, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 671. Failure to report on change of the place of
work and residence of the person being a debtor on
execution proceeding to an officer of justice Failure to report on dismissal from work of the person paying payments, as well as
on his (her) new place of work and residence within the term of one month by the person
carrying out deduction according to the enforcement document if it is known by him (her)
to an officer of justice and the person receiving alimonies without valid excuse, shall
–
entail a fine in amount of ten monthly calculation indices.
Article 672. Loss of enforcement document Loss of the enforcement document by a civil servant of organization transferred to
him (her) for execution or another enforcement document, shall –
entail a fine in amount of thirty monthly calculation indices.
Note. According to this Article, the recoverers shall not be brought to
administrative liability.
Article 673. Obstruction of the execution of enforcement
documents to an officer of justice Obstruction of committing the actions of an officer of justice, bailiff by
individuals and legal entities on levy of execution on the property (inventory,
assessment, arrest, bidding) or refusal from performance of his (her) requirements due
to this, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices or administrative arrest for the term up to five
days.
Article 674. Illegal wearing the state awards 1. Wearing orders, medals, lapel badges to honorary title, badges of merit of the
Republic of Kazakhstan, Kazakh SSR, USSR or ribbons of order, ribbons of medals on the
bars by the person that does not have the right, shall –
entail a fine in amount of three monthly calculation indices with the confiscation
of the order, medal, lapel badge to honorary title, badge of merit of the Republic of
Kazakhstan, Kazakh SSR, USSR or ribbons of order, ribbons of medals on the bars.
2. Establishment or production of the badges having similar name or similarity of
appearance with the state awards, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten monthly calculation indices with the confiscation of the badges.
Article 675. Illegal wearing (use) of clothes with the rank
badges and (or) symbolics of military uniform, as well as
official uniform and special outfit
1. Illegal wearing (use) of clothes with the rank badges and (or) symbolics of
military uniform, as well as official uniform and special outfit, shall –
entail a fine on individuals in amount of five, on legal entities in amount of
twenty five monthly calculation indices, with the confiscation of the clothes with the
rank badges and (or) symbolics of military uniform, as well as official uniform and
special outfit.
2. The same action committed by a legal entity having a license for carrying out
the protection activity, due to carrying out of this activity, shall –
entail a fine on legal entities in amount of thirty monthly calculation indices,
with the confiscation of the clothes with the rank badges and (or) symbolics of military
uniform, as well as official uniform and special outfit.
Chapter 34. ADMINISTRATIVE CORRUPTION INFRACTIONS
Article 676. Provision of illegal material remuneration
to individuals Provision of illegal material remuneration, gifts, benefits or services by
individuals to the persons authorized to perform the state functions, or to the persons
equated to them, if these actions do not contain the signs of a criminally punishable
act, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 677. Receipt of illegal material remuneration by
the person authorized to perform the state functions,
or by the person equated to him (her)
Receipt of illegal material remuneration, gifts, benefits or services by the
person authorized to perform the state functions, or by the person equated to him (her)
personally or through intermediary for the actions (omission) in favour of the persons
that provided them, if such actions (omission) are included into official powers of the
person authorized to perform the state functions, or the person equated to him (her), if
these actions do not contain the signs of a criminally punishable act, shall –
entail a fine in amount of six hundred monthly calculation indices.
Article 678. Provision of illegal material
remuneration by legal entities
1. Provision of illegal material remuneration, gifts, benefits or services by
legal entities to the persons authorized to perform the state functions, or to the
persons equated to them, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine in amount of seven hundred fifty monthly calculation indices.
2. The same actions provided by a part one of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of one thousand five hundred monthly calculation indices.
Article 679. Carrying out of illegal entrepreneurial activity
and receipt of illegal incomes by the state bodies and
bodies of local self-government Engagement in entrepreneurial activity by the state bodies, bodies of local self-
government outside the functions imposed on them by the legislation or receipt of the
material goods and advantages, besides the established sources of financing, shall –
entail a fine on heads of these organizations in amount of six hundred monthly
calculation indices.
Article 680. Failure to take measures on fight against
corruption by heads of the state bodies
Failure to take measures by heads or executive secretaries or other civil servants
determined by the President of the Republic of Kazakhstan, state bodies, Armed Forces of
the Republic of Kazakhstan, other forces and military formations of the Republic of
Kazakhstan within the scope of powers, in respect of the persons subordinated to them,
being guilty of commission of corruption infractions, or taking the mentioned measures
with the breach of the legislation on fight against corruption, or non-representation of
the relevant information to the state revenues bodies at the place of residence of the
guilty persons, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 681. Employment of the persons that previously
committed a corruption crime
Employment of the persons that previously committed a corruption crime by a head
of the state bodies, institutions and enterprises or by a head of the national
companies, national management holdings, national holdings, national development
institute, as well as their branch organizations, shall –
entail a fine in amount of one hundred monthly calculation indices.
SECTION 3. THE BODIES AUTHORIZED TO CONSIDER THE CASES ON
ADMINISTRATIVE INFRACTIONS
Chapter 35. GENERAL PROVISIONS
Article 682. The bodies (civil servants) authorized to
consider the cases on administrative infractions The cases on administrative infractions shall be considered by:
1) judges of the specialized administrative courts;
2) judges of the specialized interdistrict juvenile courts;
3) civil servants of the state bodies authorized by this Code.
Note. If there are no the specialized interdistrict administrative court and
specialized interdistrict juvenile court in a territory of the relevant administrative
territorial entity, the district (city) courts shall have the right to consider the
cases related to their court jurisdiction.
Article 683. Differentiation of the competence of the bodies
(civil servants) authorized to consider the cases on
administrative infractions
1. The judges shall consider the cases on administrative infractions related to
their jurisdiction by this Code.
2. The civil servants of the state bodies, authorized to consider the cases on
administrative infractions shall consider the cases and impose the administrative
sanctions for administrative infractions, with the exception of the cases mentioned in
Article 684 of this Code.
3. The cases on administrative infractions, the one of the types of administrative
sanction for which provides administrative arrest, administrative expulsion of foreign
persons or stateless persons beyond the borders of the Republic of Kazakhstan,
confiscation of the subjects that are the tool or subject for commission of
administrative infraction, and equally confiscation of incomes (dividends), money and
securities received due to commission of the administrative infraction, deprivation of
the special right afforded to a particular person (including the right of operating
transport vehicle), deprivation of the licenses, special permission, qualification
attestation (certificate) for particular type of activity, or commission of particular
actions, compulsory demolition of illegally building or built structure, suspension or
prohibition of the activity, shall be considered by a judge.
4. In accordance with Article 24 of this Code, upon written application of the
person in respect of whom the administrative infraction proceeding is conducted, the
case on any infraction provided by the Special part of section 2 of this Code, shall be
considered by a judge, if it is filed before consideration of the case on administrative
infraction.
5. Upon written application of a legal representative of the person in respect of
whom the administrative infraction proceeding is conducted, or of an injured party that
are the minors and are deprived of possibility to exercise own rights on an individual
basis due to physical or mental condition, the case may be considered in the specialized
district courts and administrative courts equated to them, and in the absence of such –
in general courts.
Chapter 36. JURISDICTION OF THE CASES ON ADMINISTRATIVE
INFRACTIONS, COMPETENCE OF CIVIL SERVANTS ON CONSIDERING
THE CASES AND IMPOSITION OF ADMINISTRATIVE SANCTIONS
Article 684. Courts
1. The courts of specialized district and equated to them administrative courts
shall consider the cases on administrative infractions provided by Articles 73, 74, 75
(parts one, two, five and six), 76, 77, 78, 79, 80 (part four), 81 (part two), 82 (part
two), 82-1, 85, 86 (part four), 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139
(part two), 145, 149, 150, 151 (part two), 153, 154, 158, 159, 160 (part two), 169
(parts two, seven, ten, eleven, twelve, thirteen and fourteen), 170 (parts seven and
nine), 171, 173, 174 (part two), 175, 176, 182, 183, 184, 185, 187 (parts two, three,
four and five), 189, 190 (parts two, three and four), 191, 193 (parts two and three),
199 (part two), 200, 2011 (part one), 214, 216, 219, 233 (part three), 235, 236, 237,
245, 246, 247 (part six), 251, 252 (part two), 281 (parts four, five and six), 282
(parts three, four, six, seven, nine, eleven and thirteen), 283, 294 (parts one and
two), 296 (part two), 299 (part two), 310, 311, 312 (part two), 313, 314, 316 (part
two), 317 (part four), 319, 320 (parts one, two, three and four), 326 (parts three and
four),
333 (part fourteen), 357, 360 (part one), 382 (parts two and three), 383 (parts
two and three), 385 (part two), 389, 392 (part three), 395 (part two), 396 (part two),
397 (part four), 398, 399 (parts two and three), 400 (part two),
401 (parts six and seven), 402 (part four), 404 (part nine), 405 (part one), 407
(parts two and three), 409 (part seven), 410-1, 413, 414, 415 (part two), 416, 417
(parts one and six), 419 (part two), 422, 423 (part two), 424 (parts three and five)
425 (part two), 426 (parts two and three), 427, 433 (part two), 434, 436, 439, 440
(parts four and five), 443 (part two), 444 (part one), 445, 446, 449 (parts two and
three), 450, 451, 452 (parts three, four and six and subparagraphs 4), 5) and 6) of part
nine), 453, 454 (part two), 455 (part four), 456. 461, 462, 463, 464 (part two), 465,
467, 469 (part two), 470 (part two), 476, 477, 478, 479, 480, 481, 482, 483, 485 (part
two), 488, 489 (parts two, three, four, five, six, seven and eight), 490, 495 (part
two), 496 (part two), 498, 506, 507, 508, 509, 512 (part two), 513 (part two), 514 (part
two), 516, 517 (parts two, four, five, six and seven), 528 (part one),
532, 541, 543 (parts one and three), 544, 545, 548 (part two), 549, 550, 551 (part
two), 552 (part two), 563 (part two), 564 (part five), 569 (parts one, two and four),
583 (part two), 590 (part four), 596 (parts three and five), 603 (parts one and two),
604 (part two), 605 (parts three and four), 606 (part two), 607 (part two), 608, 610,
611 (parts two and three), 613 (parts one, two, three, four, five, six, seven, eight,
nine, ten and eleven), 615 (part four), 618, 621 (part three), 636 (part two), 637 (part
four), 638 (part two), 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 664,
665, 666, 667, 668, 669, 673, 674, 675, 676, 677, 678, 679, 680, 681
of this Code, with the exception of the cases provided by a part three of this
Article.
2. The judges of the specialized interdistrict juvenile courts shall consider the
cases:
1) on administrative infractions committed by minors provided by Articles 435, 436
(part three), 438 (part three), 440 (parts four and five), 442, 448 of this Code;
2) on administrative infractions provided by Articles 127, 128, 129, 130, 131,
132, 133, 134, 135, 430 (part two), 663 of this Code.
3. The judges of the Supreme Court of oblast, district and equated to them courts
shall consider the cases provided by Article 653 of this Code, on the facts of contempt
of court from the side of the person attending a procedure, established in the course of
the judicial proceeding.
Footnote. Article 684 as amended by the Laws of the Republic of Kazakhstan dated
07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 269-V
(shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V (shall be enforced from
01.01.2015); dated 19.05.2015 No. 315-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
Article 685. Internal affairs bodies (police)
1. The internal affairs bodies shall consider the cases on administrative
infractions provided by Articles 146, 147, 156, 190 (part one), 192, 196, 197, 198, 204,
230 (part two) (in part of infractions committed by the owners of transport vehicles and
carriers by automobile transport and city rail transport), 334, 359, 364, 382 (part
one), 383 (parts one and two),
386 (part one), 395 (part one), 396 (part one), 408, 420, 421, 423 (part one),
432, 433 (part one), 437, 438 (parts one and two), 440 (parts one, two and three), 441,
443 (part one), 444 (part two), 448, 449 (part one), 458, 464 (part one), 469 (part
one), 470 (part one), 484, 485 (part one), 486, 487, 489 (parts one, nine, ten and
eleven), 492, 493, 494, 495 (part one), 496 (parts one and three), 505, 510, 512 (part
one), 513 (part one), 514 (part one), 515, 517 (parts one and three),
518, 519 (parts one, three, five and six), 559 (parts one, two, four and five),
560, 562, 564 (part four), 566, 572 (part two), 574, 590 (parts one, two, three, five,
six, seven, eight, nine and ten), 591, 592, 593 (parts one and eight), 594, 595, 596
(parts one, two and four), 597, 598, 599, 600, 601, 602, 603 (part three), 604 (part
one), 605 (parts one, two, five, six and seven), 606 (part one), 607 (part one), 609,
611 (part one), 612, 613 (parts twelve and thirteen), 614, 615 (parts one, two and
three),
617, 619, 620, 621 (parts one, two, four), 622, 625 (with the exception of
violations of automobile transport), 626, 630, 631, 632, 635 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose administrative sanctions in behalf of the internal
affairs bodies:
1) under all the Articles of this Code related to the jurisdiction of the internal
affairs bodies – the heads of the internal affairs bodies and their deputies;
2) for the administrative infractions provided by Articles, 146, 147, 192, 197,
204, 364, 382 (part one), 383 (part one and two), 386, 395 (part one), 396 (part one),
408, 433 (part one), 437, 438 (parts one and two), 440 (parts one, two and three), 441,
443, 444 (part two), 484, 487, 492, 493, 494, 505 (part one), 510, 512 (part one), 513
(part one), 514 (part one), 515, 517 (parts one and three), 518, 519 (parts one, three,
five and six) of this Code – the heads of the city, district divisions of the internal
affairs bodies;
3) for administrative infractions provided by Articles 196, 197, 204, 382 (part
one), 440 (parts one, two and three), 441, 443, 444 (part two), 484, 487, 510, 513 (part
one), 514 (part one), 515, 519 (parts one, three, five and six), 559 (parts one, two,
four, five), 560, 562, 564 (part four), 566, 621 (part one), 630 (part one) of this Code
– the heads of line divisions, line points of the internal affairs bodies;
4) for administrative infractions provided by Articles 146, 204, 230 (part two)
(in part of infractions committed by the owners of transport vehicles and carriers by
automobile transport and city rail transport), 334, 364, 383 (parts one and two), 386,
408, 437 (part one), 440 (parts one, two and three), 441, 444 (part two), 492, 493, 494,
505, 572, 574, 590 (parts one, two, five, six, seven and nine), 591 (part one), 592
(parts one and two), 593 (part one), 594 (parts one, two and three), 595 (parts one, two
and three), 596 (parts one and two), 597 (parts one, two, three and four), 598 (parts
one and two), 599 (part one), 600 (part one), 601 (part one), 602 (part one), 607 (part
one), 609 (part one), 611 (part one), 612 (parts one, two and there), 613 (part twelve),
615 (parts one and two), 620, 621 (parts one and four), 630 (part one) (in respect of
individuals) of this Code – the employees of the internal affairs bodies (police) having
the special ranks;
5) for administrative infractions provided by Articles 590 (parts three, eight and
ten), 591 (part two), 592 (parts three and four), 593 (part eight), 594 (part four), 595
(part four), 596 (part four), 597 (parts five and six), 598 (part three), 599 (part
two), 600 (part two), 601 (part two), 602 (part two), 603 (part three), 606 (part one),
609 (part two), 612 (parts four, five and six), 613 (part thirteen), 614, 615 (part
three), 617, 619, 630, 631, 632 of this Code – the chairman of committee, heads of
departments, branches, divisions of administrative police of the internal affairs bodies
and their deputies;
6) for administrative infractions provided by Articles 364, 382 (part one), 383
(part one and two), 386, 408, 505 of this Code – the heads and their deputies of
subdivisions of the environmental police of the internal affairs bodies;
7) for administrative infractions provided by Articles 440 (parts two and three),
443, 444 (part two) of this Code – the employees of the subdivisions on the juvenile
cases of the internal affairs bodies;
8) for administrative infractions provided by Articles 383 (parts one and two),
395 (part one), 396 (part one) of this Code – the heads and their deputies of the
specialized subdivisions of police of the internal affairs bodies on a struggle with
criminal infringements on fish resources;
9) for administrative infractions provided by Articles 492, 495 (part one), 517
(parts one and three), 518, 519 (parts one, three, five and six) of this Code – the
heads of departments, branches, divisions of migration police of the internal affairs
bodies and their deputies.
Footnote. Article 685 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 686. Authorized body in the scope of civil defence
1. Authorized body in the scope of civil defence shall consider the cases on
administrative infractions:
1) in the field of fire security provided by Articles 336, 359, 367, 410, 411, 438
(parts one and two), 589 of this Code;
2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V
(shall be enforced from 01.01.2015);
3) in the field of civil defence provided by Articles 412 and 643 of this Code.
2. In behalf of the bodies of the state fire-fighting service, the following
persons shall have the right to consider the cases and impose the administrative
sanctions in behalf of the authorized body in the scope of civil defence:
1) the state inspector of oblast, city of republican significance, the capital,
district, city of oblast significance, district in a city on the state control in the
field of fire security – a fine on individuals up to fifteen, on civil servants up to
thirty five monthly calculation indices;
2) the state inspector of the Republic of Kazakhstan on the state control in the
field of fire security, chief state inspector of oblast, city of republican
significance, the capital on the state control in the field of fire security and his
(her) deputy – a fine on individuals up to thirty five, on civil servants – up to one
hundred, on subjects of entrepreneurship – up to three hundred monthly calculation
indices;
3) the chief state inspector of the Republic of Kazakhstan on the state control in
the field of fire security and his (her) deputy – a fine on individuals up to two
hundred, on civil servants – up to five hundred, on subjects of entrepreneurship, non-
profit organizations – up to two thousand monthly calculation indices.
3. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
4. The following persons shall have the right to consider the cases on
administrative infarctions linked with non-performance of the measures of civil defence,
and to impose the administrative sanctions in the scope of civil defence:
1) the state inspector of oblast, city of republican significance, the capital,
district, city of oblast significance, district in a city on the state control in the
field of civil defence – a fine on individuals up to three, on civil servants up to ten
monthly calculation indices;
2) the state inspector of the Republic of Kazakhstan on the state control in the
field of civil defence, the chief state inspector of oblast, city of republican
significance, the capital on the state control in the field of civil defence and his
(her) deputies – a fine on individuals, civil servants and legal entities – up to forty
monthly calculation indices;
3) the chief state inspector of the Republic of Kazakhstan on the state control in
the field of civil defence and his (her) deputy – a fine on individuals, civil servants
and legal entities – up to fifty monthly calculation indices.
Footnote. Article 686 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 687. Authorized body on study and use of subsoil
1. The authorized body on study and use of subsoil shall consider the cases on
administrative infractions provided by Articles 140 (part one), 344, 345, 346, 348, 350,
352, 353, 354, 355, 356 (part one), 391, 392 (parts one and two), 396 (part one) of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the territorial senior state and territorial state inspectors on study and use
of subsoil – a fine up to one hundred fifty monthly calculation indices;
2) the state inspectors of the Republic of Kazakhstan on study and use of subsoil,
the deputies of territorial chief state inspectors on study and use of subsoil – a fine
up to two hundred fifty monthly calculation indices;
3) the senior state inspectors of the Republic of Kazakhstan on study and use of
subsoil, the territorial chief state inspectors on study and use of subsoil – a fine up
to five hundred monthly calculation indices;
4) the chief state inspector of the Republic of Kazakhstan on study and use of
subsoil and his (her) deputies – a fine up to one thousand monthly calculation indices.
Article 688. Authorized body in the field of oil and gas 1. The authorized body in the field of oil and has shall consider the cases on
administrative infractions provided by Articles 170 (parts one, two, three, four, five,
six and eight), 356 (parts three, four, five, six, seven, eight, nine, ten and
thirteen), 464 (part one) of this Code.
2. The civil servants of administrative entity and heads of territorial
subdivisions of the authorized body in the field of oil and gas shall have the right to
consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 688 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the
date of its first official publication).
Article 689. The body carrying out the state control in the
field of energy saving and increase of energy efficiency
1. The body carrying out the state control in the field of energy saving and
increase of energy efficiency shall consider the cases on administrative infractions
provided by Articles 289, 290, 291, 292, 293, 294 (pats three and four), 296 (part one)
of this Code.
2. The heads of territorial subdivisions of the body carrying out the state
control in the field of energy saving and increase of energy efficiency shall have the
right to consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 689 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 690. The bodies on the state energy supervision
and control
1. The bodies on the state energy and control shall consider the cases on
administrative infractions provided by Articles 144 (part one (with the exception of
operation of thermal and mechanical equipment of the boiler rooms of all capacities and
heat supply networks (main, local), technical operation of heat recovery installations
of the consumers), 172 (with the exception of operation of thermal and mechanical
equipment of the boiler rooms of all capacities and heat supply networks (main, local),
technical operation of heat recovery installations of the consumers), 300 (with the
exception of the boiler rooms of all capacities and heat supply networks (main, local),
301 (with the exception of the boiler rooms of all capacities and heat supply networks
(main, local), 302, 303 (with the exception of the boiler rooms of all capacities), 305
(with the exception in protective zones of the heat supply networks (main, local) of
this Code.
2. The heads of territorial subdivisions of the bodies on the state energy
supervision and control shall have the right to consider the cases on administrative
infractions and impose the administrative sanctions.
Footnote. Article 690 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 691. Authorized body in the field of transport
and communications 1. Authorized body in the field of transport and communications shall consider the
cases on administrative infractions provided by Articles 230 (part two) (in part of
infractions committed by carriers on railway, marine and internal water transport), 464
(part one), 563 (part one), 564 (parts one, two, three and four), 565, 566 (part one),
580, 581 (part one), 582, 583 (part one), 589, 625 (in part of violations on vessels of
marine and air transport), 633, 634 of this Code.
The heads of the authorized body in the field of transport and communications, its
territorial subdivisions and their deputies shall have the right to consider the cases
on administrative infractions and impose the administrative sanctions.
2. The bodies of transport control shall consider the cases on administrative
infractions provided by Articles 333 (part one), 441 (parts one and two), 464 (part
one), 559, 560, 561, 562, 571, 572 (part one), 573, 575, 576, 577, 578, 579, 580, 581,
582, 583 (parts one, three), 584, 585, 586, 587, 588, 589 (except for the violations on
vessels of air transport), 590 (part eight), 593 (parts two, three, four, five, six and
seven), 609, 616, 621 (parts one, two, four), 623, 624, 625 (except for the violations
on vessels of air transport), 627, 628, 631 (part one) of this Code.
The following persons shall have the right to consider the cases on administrative
infractions and impose the administrative sanctions in behalf of the bodies of transport
control:
1) under all the Articles of this Code related to the jurisdiction of the bodies
of transport control – the head of the body of transport control and his (her) deputies,
the heads of territorial bodies of transport control and their deputies;
2) on administrative infractions provided by Articles 441 (part one), 464 (part
one), 560, 561, 562, 571, 572 (part one), 573, 575, 576, 582, 583 (parts one, three),
684, 585, 587, 588, 589 (except for the violations on vessels of air transport), 590
(parts two, four and five), 609, 616, 621 (parts one, two, four), 623, 625 (except for
the violations on vessels of air transport), 627, 631 (part one) of this Code – the
authorized civil servants of the bodies of transport control.
Amount of a fine imposed by the civil servants mentioned in item four of part two
of this Article may not exceed twenty monthly calculation indices.
3. The authorized body in the field of the state regulation of civil aviation
shall consider the cases on administrative infractions provided by Articles 230 (part
two) (in part of infractions committed by carriers by air transport), 564 (with the
exception of the cases on violations provided by parts one, three and four of this
Article committed on aerodromes that are not related to civil aviation, or in the area
of such aerodromes, part five), 565, 566 (part one), 567, 568, 569 (parts three, five,
six, seven and eight), 570, 571 (part one), 589, 623 (for commission of violations on
air transport), 626 of this Code.
The following persons shall have the right to consider the cases on administrative
infractions and impose the administrative sanctions in behalf of the authorized body in
the scope of civil aviation:
1) under all the Articles of this Code related to the jurisdiction of the
authorized body in the scope of civil aviation, - the head of the authorized body in the
scope of civil aviation and his (her) deputies;
2) on administrative infractions provided by Articles 564 (with the exception of
cases on violations provided by parts one, three and four of this Article committed on
aerodromes that are not related to civil aviation, or in the area of such aerodromes),
565, 569 (parts three, five, six and seven), 589, 623 (for commission of violations on
air transport) of this Code, - the authorized civil servants of the authorized body in
the scope of civil aviation.
Footnote. Article 691 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 692. Authorized body in the field of communications
and informatization
1. The authorized body in the field of communications and informatization shall
consider the cases on administrative infractions provided by Articles 464 (part one),
636 (part one), 637 (parts one, two and three), 638 (part one), 639, 640, 641 of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the head of the authorized body in the field of informatization and
communications and his (her) deputies;
2) the heads of territorial bodies of the authorized body in the field of
informatization and communications.
Article 693. The bodies carrying out state control in the field
of labour legislation of the Republic of Kazakhstan
1. The bodies of state labour inspection shall consider the cases on
administrative infractions provided by Articles 83 (in part of infractions committed by
employers), 86 (parts one, two and three), 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 230
(part two in part of infractions committed by employers), 519 (parts one, two, three,
five and six), 520 of this Code.
2. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-
V (shall be enforced from 01.01.2015).
3. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) state labour inspectors;
2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V
(shall be enforced from 01.01.2015).
Footnote. Article 693 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 694. Bodies of justice 1. The bodies of justice shall consider the cases on administrative infractions
provided by Articles 230 (part two) (when such violations are committed by private
notary officers), 457, 459, 460, 468, 670, 671 and 672 of this Code.
2. The head of the authorized body in the field of intellectual property rights,
state registration of regulatory legal acts, in the scope of ensuring the execution of
enforcement documents and his (her) deputies, the head of the bodies of justice of
oblast, cities of Astana and Almaty and his (her) deputies shall have the right to
consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 694 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 695. Authorized body in the scope of state registration
of rights to immovable property, legal entities, acts of civil
status, regulation of valuation activities
1. The authorized body in the scope of state registration of rights to immovable
property, legal entities, acts of civil status, regulation of valuation activities shall
consider the cases on administrative infractions provided by Articles 464 (part one),
466 of this Code.
2. The heads of the authorized body in the scope of the state registration of
rights to immovable property, legal entities, acts of civil status, regulation of
valuation activities, its territorial subdivisions and their deputies shall have the
right to consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 695 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 696. Bodies of migration
1. The bodies of migration shall consider the cases on administrative infractions
provided by Article 520 (within the competence) of this Code.
2. The head of the body of migration of the Republic of Kazakhstan, the head of
the body of migration of oblast, cities of Astana and Almaty and the body equated to it
shall have the right to consider the case on administrative infractions and impose the
administrative sanctions.
Article 697. Authorized body in the field of
environmental protection
1. Authorized body in the field of environmental protection shall consider the
case on administrative infractions provided by Articles 139 (part one), 140 (part two),
230 (part two in part of infractions committed by the persons carrying out
environmentally hazardous types of economic and another activity), 297 (part one), 324,
325, 326 (parts one and two), 327, 328, 329, 330, 331, 332, 333 (part one), 334, 335,
336, 337, 344, 346, 347, 351, 352, 353, 356 (part two), 358, 374, 377, 379, 391, 392
(part one), 393 (part one), 394, 395 (part one), 396 (part one), 397 (parts one, two and
three), 399 (part one), 464 (part one) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the state environmental inspectors and senior state environmental inspectors of
oblasts, cities of republican significance, the capital – a fine on individuals up to
twenty, on civil servants – up to fifty, on legal entities – up to two hundred monthly
calculation indices;
2) the state environmental inspectors of the Republic of Kazakhstan – a fine on
individuals up to twenty, on civil servants – up to seventy, on legal entities – up to
two hundred fifty monthly calculation indices;
3) the senior state environmental inspectors of the Republic of Kazakhstan – a
fine on individuals up to forty, on civil servants – up to three hundred, on legal
entities – up to five hundred monthly calculation indices;
4) the senior state environmental inspectors of oblasts, cities of republican
significance, the capital – a fine on individuals up to fifty, on civil servants – up to
one hundred fifty, on legal entities – up to two thousand monthly calculation indices,
as well as the fine being expressed in percentage from the sum of operation conducted
with the breach of the legislation of the Republic of Kazakhstan, or size of damage
inflicted to environment;
5) the Chief state environmental inspector of the Republic of Kazakhstan and his
(her) deputy – a fine on individuals up to fifty, on civil servants – up to one hundred
fifty, on legal entities – up to two thousand monthly calculation indices, as well as
the fine being expressed in percentage of the sum of operation conducted with the breach
of the legislation of the Republic of Kazakhstan, or size of damage inflicted to
environment.
Article 698. Authorized body in the field of industrial safety
1. The authorized body in the field of industrial safety shall consider the cases
on administrative infractions provided by Articles 93, 230 (part two) (in part of
infractions committed by the owners of objects the activity of which is linked with
danger of inflicting the harm to third parties), 297, 298, 299 (part one) (with the
exception of safety of dams), 305 (on violations in protective zones of the objects of
gas supply systems), 306, 307, 308, 351, 352, 353 (in part of technical safety), 356
(parts eleven and twelve), 464 (part one) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions in the field of industrial safety and impose the
administrative sanctions in behalf of the authorized body in the field of industrial
safety:
1) the state inspector of oblast, city of republican significance, the capital,
district, city of oblast significance, district in a city on the state supervision in
the field of industrial safety – a fine on individuals up to ten, on civil servants – up
to fifty monthly calculation indices;
2) the state inspector of the Republic of Kazakhstan on the state supervision in
the field of industrial safety, the chief state inspector of oblast, city of republican
significance, the capital on the state supervision in the field of industrial safety and
his (her) deputy – a fine on individuals up to twenty, on civil servants, individual
entrepreneurs – up to one hundred, on legal entities – up to two hundred monthly
calculation indices;
3) the chief state inspector of the Republic of Kazakhstan on the state
supervision in the field of industrial safety and his (her) deputy - a fine on
individuals up to fifty, on civil servants – up to one hundred, on legal entities – up
to five hundred monthly calculation indices.
Footnote. Article 698 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 699. Bodies of the Ministry of Defence of the
Republic of Kazakhstan
1. Bodies of the Ministry of Defence of the Republic of Kazakhstan shall consider
the cases on administrative infractions provided by Articles 642, 644, 645, 646, 647,
648, 649, 650 of this Code.
2. The heads of local bodies of military administration shall have the right to
consider the cases on administrative infractions and impose the administrative sanctions
in behalf of the Ministry of Defence of the Republic of Kazakhstan.
Article 700. Public health bodies
1. The state body in the scope of circulation of medical products, medical
accessories and medical equipment and its territorial subdivisions shall consider the
cases on administrative infractions provided by Articles 424 (part one), 426 (part one),
432, 464 (part one) of this Code within the competence.
The head of the state body in the scope of circulation of medical products,
medical accessories and medical equipment, his (her) deputies, the heads of territorial
subdivisions and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
2. The state body in the scope of rendering of medical services and its
territorial subdivisions shall consider the cases on administrative infractions provided
by Articles 80 (parts one, two and three), 81 (part one), 82 (part one), 424 (parts one,
two and four), 428, 429, 432, 464 (part one) of this Code within the competence.
The head of the state body in the scope of rendering of medical services, his
(her) deputies, the heads of territorial subdivisions and their deputies shall have the
right to consider the cases on administrative infractions and impose the administrative
sanctions.
Article 701. Authorized body in the scope of sanitary and
epidemiological welfare of population The bodies carrying out the control and supervision in the scope of sanitary
epidemiological welfare of population shall consider the cases on administrative
infractions provided by Articles 93 (parts two and five), 151 (part one), 203, 324, 327,
344, 351, 358, 425 (part one), 430 (part one), 431, 464 (part one), 621 (parts one, two)
of this Code.
The head of the state body in the scope of sanitary and epidemiological welfare of
population, his (her) deputies, the heads of territorial subdivisions and their deputies
shall have the right to consider the cases on administrative infractions and impose the
administrative sanctions.
Article 702. Structural subdivisions of the internal affairs
bodies, the National Security Committee of the Republic of
Kazakhstan and the Ministry of Defence of the Republic of
Kazakhstan carrying out the state sanitary and epidemiological
control and supervision 1. Structural subdivisions of the internal affairs bodies, the National Security
Committee of the Republic of Kazakhstan and the Ministry of Defence of the Republic of
Kazakhstan carrying out the state sanitary and epidemiological control and supervision
shall consider the cases on administrative infractions provided by Article 425 (part
one) of this Code on the violations of sanitary rules and hygienic standards on objects
respectively: subordinated to the internal affairs bodies and the National Security
Committee of the Republic of Kazakhstan; located in a territory of military towns and
training centres of the Ministry of Defence of the Republic of Kazakhstan.
2. The heads and their deputies or authorized civil servants of the structural
subdivisions of the internal affairs bodies, the National Security Committee of the
Republic of Kazakhstan, the Ministry of Defence of the Republic of Kazakhstan carrying
out the state and epidemiological control and supervision shall have the right to
consider the cases on administrative infractions and impose the administrative
sanctions.
Article 703. Authorized body in the field of
veterinary medicine 1. The civil servants of the authorized body in the field of veterinary medicine
shall consider the cases on administrative infractions provided by Article 406 of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in accordance with
Article 406 of this Code:
1) the Chief state veterinary and sanitary inspector of the Republic of Kazakhstan
and his (her) deputies;
2) the state veterinary and sanitary inspectors on veterinary control posts;
3) the chief state veterinary and sanitary inspectors of oblasts, cities of
republican significance, the capital and their deputies;
4) the state veterinary and sanitary inspectors of oblasts, cities of republican
significance, the capital;
5) the chief state veterinary and sanitary inspectors and their deputies, the
state veterinary and sanitary inspectors of districts, cities of oblast significance.
3. The civil servants of the authorized body in the field of veterinary medicine
may recover on the spot:
1) at places of selling – for violation of the veterinary (veterinary and
sanitary) rules upon selling animals, products and raw materials of animal origin;
2) on railroad, water and air transport, on roads and cattle-driving routes – for
violation of the veterinary (veterinary and sanitary) rules upon carrying out the
transportation (movement) of the objects subordinated to the state veterinary and
sanitary control and supervision in a territory of the Republic of Kazakhstan, as well
as upon cattle driving;
3) on the state border – for violation of the veterinary (veterinary and sanitary)
rules in part of protection of the territory of the Republic of Kazakhstan from
importation and spreading infectious and foreign animal diseases from other states.
Article 704. Authorized body in the field of livestock breeding 1. The civil servants of the authorized body in the field of livestock breeding
shall consider the cases on administrative infractions provided by Article 407 (part
one) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the Chief state inspector on livestock breeding of the Republic of Kazakhstan;
2) the deputy Chief state inspector on livestock breeding of the Republic of
Kazakhstan;
3) the chief state inspectors on livestock breeding of oblasts, cities of
republican significance, the capital and their deputies;
4) the state inspectors on livestock breeding of districts, cities of oblast
significance.
Article 705. Authorized body on plant quarantine
1. The authorized body on plant quarantine and its bodies shall consider the cases
on the spot on administrative infractions provided by Article 400 (parts one, three and
four) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the Chief state inspector on plant quarantine of the Republic of Kazakhstan and
his (her) deputies;
2) the chief state inspectors on plant quarantine of the relevant oblasts, city of
republican significance, the capital;
3) the state inspectors on plant quarantine of the relevant administrative
territorial entities of the Republic of Kazakhstan and phytosanitary control posts.
Footnote. Article 705 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 706. Authorized body in the field of seed production
and regulation of grain market 1. The authorized body in the field of seed production and regulation of grain
market and its territorial bodies shall consider the cases on administrative infractions
provided by Articles 401 (parts one and two), 402 (part five) of this Code.
2. The heads of territorial bodies and their deputies shall have the right to
consider the cases on administrative infractions and impose the relevant administrative
sanctions.
Footnote. Article 706 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 707. Authorized body in the field of plant protection 1. The authorized body in the field of plant protection and its subdivisions shall
consider the cases on the posts on administrative infractions provided by Articles 297,
377, 403 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the Chief state inspector on plant protection of the Republic of Kazakhstan;
2) the chief state inspectors on plant protection of the relevant administrative
territorial entities of the Republic of Kazakhstan;
3) the state inspectors on plant protection.
Article 708. Authorized bodies in the field of use
and protection of water fund
1. The authorized bodies in the field of use and protection of water fund shall
consider the cases on administrative infractions provided by Articles 138 (part two),
141, 299 (part one) (with the exception of industrial safety), 358, 359, 360 (part two),
361, 362, 363, 365 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the chief state inspector on regulation of use and protection of waters and his
(her) deputies, the chief state basin (territorial) inspectors on regulation of use and
protection of waters and their deputies – a fine on individuals up to thirty five, on
civil servants, subjects of small or medium entrepreneurship or non-profit organizations
– up to seventy five, on subjects of large entrepreneurship – up to four hundred monthly
calculation indices;
2) the senior state inspectors on regulation of use and protection of waters – a
fine on individuals up to thirty, on civil servants, subjects of small or medium
entrepreneurship or non-profit organizations – up to sixty five, on subjects of large
entrepreneurship – up to two hundred seventy monthly calculation indices;
3) the state inspectors on regulation of use and protection of waters – a fine on
individuals up to twenty five, on civil servants, subjects of small or medium
entrepreneurship or non-profit organizations – up to sixty, on subjects of large
entrepreneurship – up to two hundred sixty monthly calculation indices.
Footnote. Article 708 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 709. Authorized bodies in the field of forest,
fish and hunting industry
1. The authorized body in the field of forest, fish and hunting industry shall
consider the cases on administrative infractions provided by Articles 138 (part two),
142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378,
379, 380, 381, 382 (part one), 383 (parts one, two and five), 384, 385 (part one), 386,
387, 388, 390, 394 (part one), 395 (part one), 396 (part one), 464 (part one) of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
bodies in the field of forest, fish and hunting industry:
1) for administrative infractions provided by Articles 138 (part two), 142, 143,
337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,
381, 382 (part one), 383 (parts one, two and five), 384, 385 (part one), 386, 387, 388,
390, 394 (part one), 395 (part one), 396 (part one), 464 (part one) of this Code – the
civil servants of the authorized bodies in the field of forest, fish and hunting
industry of the Republic of Kazakhstan and their territorial bodies;
2) for administrative infractions provided by Articles 138, 337, 339, 366, 367,
368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (part one), 387, 388 of this Code
– the heads, deputy heads of the state institutions of forest management;
3) for administrative infractions provided by Articles 138, 337, 339, 366, 367,
368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (part one), 387, 388 of this Code
– the civil servants of the structural subdivisions of forest and hunting industry of
the oblast executive bodies;
4) for administrative infractions provided by Articles 138, 143, 337, 339, 366,
367 (part three), 368 (part two), 369 (part two), 370 (part four), 371, 372 (part four),
373 (part two), 374 (part two), 377 (part two), 379, 380, 381, 382 (part one), 383
(parts one, two and five), 384, 387, 388 of this Code – the heads, deputy heads, the
heads of the protective services of especially protected natural territories created in
a legal organizational form of the state enterprise.
Article 710. Bodies carrying out the state control of use
and protection of lands
1. The central authorized body on management of the land resources shall consider
the cases on administrative infractions provided by Articles 137, 341, 342 of this Code.
The authorized body on control of use and protection of lands of the local
executive bodies of oblast, city of republican significance, the capital shall consider
the cases on administrative infractions provided by Articles 136, 137 (subparagraph 2)
of part one), 138 (part one), 337, 338, 339, 340 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the chief state inspector on use and protection of the lands of the Republic of
Kazakhstan – a fine on individuals up to seventy five, on civil servants, subjects of
small or medium entrepreneurship or non-profit organizations – up to one hundred fifty,
on subjects of large entrepreneurship – up to seven hundred monthly calculation indices;
2) the chief state inspectors on use and protection of the lands of the relevant
administrative territorial entities – a fine on individuals up to seventy five, on civil
servants, subjects of small or medium entrepreneurship or non-profit organizations – up
to one hundred fifty, on subjects of large entrepreneurship – up to seven hundred
monthly calculation indices;
3) the state inspectors on use and protection of the lands – a fine on individuals
up to seventy five, on civil servants, subjects of small or medium entrepreneurship or
non-profit organizations – up to one hundred fifty, on subjects of large
entrepreneurship – up to three hundred monthly calculation indices.
Footnote. Article 710 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 711. Authorized body on investments 1. Authorized body on investments shall consider the cases on administrative
infractions provided by Articles 148 of this Code.
2. The head of the authorized body on investments and his (her) deputies shall
have the right to consider the cases on administrative infractions and impose the
administrative sanctions.
Article 712. Bodies carrying out the state control in the
field of geodesy and cartography 1. Authorized body in the field of geodesy and cartography shall consider the
cases on administrative infractions provided by Articles 138 (part two), 343 of this
Code.
2. The civil servants of department of the authorized body in the field of geodesy
and cartography shall have the right to consider the cases on administrative infractions
and impose the administrative sanctions.
Footnote. Article 712 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 713. Anti-monopoly body 1. Anti-monopoly body shall consider the cases on administrative infractions
provided by Articles 160 (part one), 161, 162, 163, 201 of this Code.
2. The head of anti-monopoly body and his (her) deputies, as well as the heads of
territorial body and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 714. Authorized body carrying out management in the
scopes of natural monopolies and at regulated markets 1. The authorized body carrying out management in the scopes of natural monopolies
and at regulated markets shall consider the cases on administrative infractions provided
by Articles 164, 165, 166, 167, 168, 250, 464 (part one) of this Code.
2. The head of the authorized body carrying out management in the scopes of
natural monopolies and at regulated markets, and his (her) deputies, as well as the
heads of territorial bodies of the authorized body carrying out management in the scopes
of natural monopolies and at regulated markets, and their deputies shall have the right
to consider the cases on administrative infractions and impose the administrative
sanctions.
Article 715. Bodies carrying out the state control in the
field of technical regulation and ensuring the
uniformity of measurements
1. The bodies carrying out the state control in the field of technical regulation
and ensuring the uniformity of measurements shall consider the cases on administrative
infractions provided by Articles 193 (part one), 203, 415 (part one), 417 (parts two,
three, four and five), 418, 419 (part one), 464 (part one), 638 (part one) of this Code.
2. The Chief state inspector of the Republic of Kazakhstan on the state control
and supervision and his (her) deputies, as well as the chief state inspectors of oblasts
and cities on state control and supervision and their deputies shall have the right to
impose the sanctions.
Article 716. Authorized body on registration of
agricultural equipment
1. Authorized body on registration of agricultural equipment shall consider the
cases on administrative infractions provided by Articles 590 (parts one, two) (in part
of infractions committed by the drivers of tractors, self-propelled agricultural,
amelioratory and road-building machines), 612, 617, 618, 627 of this Code, insofar as
concerning the tractors, other self-propelled machines and equipment supervised by the
authorized bodies on registration of agricultural equipment.
2. The engineers-inspectors of district and oblast authorized bodies on
registration of agricultural equipment shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
authorized body on registration of agricultural equipment.
Article 717. Authorized state body in the field
of plant production 1. Authorized state body in the field of plant production shall consider the cases
on administrative infractions provided by Articles 228 (parts three and seven) (in part
of infractions committed by mutual insurance companies in plant production), 230 (part
two) (in part of infractions committed by producers of the plant production products) of
this Code.
2. The head of the authorized state body in the field of plant production and his
(her) deputies, the heads of territorial bodies and their deputies shall have the right
to consider the cases on administrative infractions and impose the administrative
sanctions.
Article 718. Bodies carrying out the state architectural
and construction control and supervision of quality
of construction of objects
1. The bodies carrying out the state architectural and construction control and
supervision of quality of construction of objects shall consider the cases on
administrative infractions provided by Articles 309, 312 (part one), 315, 316 (part
one), 317 (parts one, two and three), 318, 321, 322, 323, 464 (part one) of this Code.
2. The Chief state building inspector of the Republic of Kazakhstan and his (her)
deputies, as well as the chief state building inspectors of oblasts, cities of
republican significance, the capital shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 719. Authorized body in the field of state statistics 1. The authorized body in the field of state statistics shall consider the cases
on administrative infractions provided by Articles 497, 499, 500, 501, 502, 503 of this
Code.
2. The heads of territorial bodies of the authorized body in the field of state
statistics and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 720. State revenues bodies 1. State revenues bodies shall consider the cases on administrative infractions
provided by Articles 91 (parts six, seven and eight), 92 (parts two, three and four),
151 (part one), 152, 155, 157, 177, 178, 179, 180, 181, 194, 195, 196, 203, 205, 221,
233 (part one), 239 (parts one and two), 246-1, 266, 269, 270, 271, 272, 273, 274, 275,
276, 277, 278, 279, 280, 281 (parts one, two and three), 282 (parts one, two, five,
eight, nine and twelve), 284, 285, 286, 287, 288, 464 (part one), 471, 472, 474, 521,
522, 523, 524, 525, 526, 527, 528 (parts two and three), 529, 530, 531, 533, 534, 535,
536, 537, 538, 539, 540, 542, 543 (part two), 546, 547, 548 (part one), 551 (parts one
and three), 522 (part one), 553, 554, 555, 556, 557 and 558 of this Code.
2. State revenues bodies shall also consider the cases on administrative
infractions provided by Articles 230 (part two), 297, 324 (part one), 334, 377 (part
one), 400 (part one), 406 (parts one and two), 425 (part one), 571 (part two and three),
572 (part one), 573, 574, 589 (on administrative infractions by automobile transport),
590 (parts one, two, five, six, seven, eight and ten), 593 (parts two, three, four and
five), 609, 612 (part three) and 621 (part four) of this Code, when all the infractions
listed in this part are committed in automobile checkpoints through the State Border of
the Republic of Kazakhstan.
3. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
state revenues bodies:
under all the Articles of this Code related to the jurisdiction of the state
revenues bodies – the heads of the state revenues bodies and their deputies;
on administrative infractions provided by Articles 91 (part six), 92 (part two),
195 (part one), 269 (part one), 270 (parts one and three), 271 (part one), 272 (part
one), 276 (part one), 284 (parts one, three, five, seven, nine, eleven, thirteen,
fifteen and seventeen), administrative sanction in the form of notification, as well as
in the form of fine in the manner provided by Article 897 of this Code – the civil
servants of the state revenues bodies authorized by the head.
Footnote. Article 270 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 721. Anti-corruption service
1. Anti-corruption service shall consider the cases on administrative infractions
provided by Articles 174 (parts one, three and four), 274, 471, 472, 473, 474, 475 of
this Code.
2. The head of anti-corruption service and his (her) deputies, the heads of anti-
corruption service through oblasts, of city of republican significance, the capital of
the Republic of Kazakhstan, inter-regional, district, city, district in cities and
special subdivisions of anti-corruption service and their deputies shall have the right
to consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 721 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 722. Bodies of the Ministry of Finance of
the Republic of Kazakhstan
1. The bodies of the Ministry of Finance of the Republic of Kazakhstan shall
consider the cases on administrative infractions provided by Articles 230 (part two)
(when these violations are committed by audit organizations), 233 (part two), 234, 238,
239 (parts one and two), 240, 241, 247 (parts one, two, three, five and seven), 248,
249, 250, 267, 464 (part one (when these violations are committed by audit
organizations) of this Code.
2. The head of the authorized state body in the field of state financing control
and state procurement and his (her) deputies, the heads of territorial bodies, the head
of the authorized state body and his (her) deputies, the heads of territorial bodies
carrying out regulation in the field of audit activity shall have the right to consider
the cases on administrative infractions and impose the administrative sanctions for the
administrative infractions provided by Articles 230 (part two) (when these violations
are committed by audit organizations), 233 (part two), 234, 238, 239 (parts one and
two), 240, 241, 247 (parts one, two, three, five and seven), 248, 249, 250, 267, 464
(part one (when these violations are committed by audit organizations) of this Code.
Article 723. Authorized body in internal control 1. The authorized body on internal control shall consider the cases on
administrative infractions provided by Articles 207, 209 of this Code.
2. The head of the authorized body on internal control and his (her) deputies, the
heads of territorial subdivisions shall consider the cases on administrative infractions
and impose the administrative sanctions.
Article 724. The National Bank of the Republic of Kazakhstan 1. The National Bank of the Republic of Kazakhstan shall consider the cases on
administrative infractions provided by Articles 91 (parts one, two, three, five, nine,
ten, eleven and twelve), 186, 206, 208, 210, 211 (parts two, three, four, five and six),
212, 213, 215, 217, 218, 220, 222, 223, 224, 225, 226, 227, 228 (parts one, two, four,
five, six, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and
seventeen), 229, 230 (parts one, three and four), 231, 232, 239 (parts three and four),
242, 243, 244, 247 (parts four and eight), 252 (parts one and three), 253, 254, 255,
256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 286, 464 (part one), 497 (in part of
primary statistics, the collection of which is included into its competence) of this
Code.
2. The Chairman of the National bank of the Republic of Kazakhstan, his (her)
deputies, the heads of territorial branches shall consider the cases on administrative
infractions and impose the administrative sanctions.
3. The powers of the National Bank of the Republic of Kazakhstan, as well as his
(her) employees having the right to drawing up the protocol on commission of the
administrative infraction shall be determined in accordance with this Code.
Article 725. Social welfare bodies of the
Republic of Kazakhstan 1. The social welfare bodies of the Republic of Kazakhstan shall consider the
cases on administrative infractions provided by Articles 83 (except for the infractions
committed by the employees), 84, 91 (part four), 92 (part one) of this Code.
2. The heads of the social welfare bodies of the Republic of Kazakhstan, their
deputies shall have the right to consider the cases on administrative infractions and
impose the administrative fines.
Article 726. The National Security Bodies of the
Republic of Kazakhstan
1. The National Security Bodies of the Republic of Kazakhstan shall consider the
cases on administrative infractions provided by Articles 192, 504 of this Code.
2 The head of department of the National Security Committee and his (her)
deputies, the heads of territorial bodies and their deputies shall consider the cases on
administrative infractions and impose the established administrative sanctions in
accordance with Articles 192, 464 (part one), 504 of this Code.
3. The frontier service of the National Security Committee of the Republic of
Kazakhstan shall consider the cases on administrative infractions provided by Articles
382 (part one), 383 (parts one and two), 393 (committed in a frontier space), as well as
Articles 394, 395 (part one), 396 (part one), 510, 512 (part one), 513 (part one), 514
(part one), 515, 517 (parts one and three) of this Code.
4. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
Frontier service of the National Security Committee:
1) the head of the Frontier service of the National Security Committee and his
(her) deputies, the heads of the special associations and their deputies – a
notification or fine on individuals and civil servants – up to seventy, on subjects of
private entrepreneurship – up to two thousand monthly calculation indices;
2) the heads of border detachments, the commanding officers of military units of
frontier space, marine military units, the commandants of separate frontier commandants
offices and their deputies – a notification or fine on individuals and civil servants –
up to seventy, on subjects of private entrepreneurship – up to two hundred monthly
calculation indices;
3) the commandants of frontier commandants officers and the heads of the frontier
control departments and their deputies – a notification or fine on individuals up to
twenty, on civil servants – up to twenty five monthly calculation indices.
Footnote. Article 726 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 727. Military police bodies
1. Military police bodies shall consider the cases on administrative infractions
provided by Articles 511, 590 (parts one, two, three, five, six, seven, nine and ten),
591, 592, 593, 594, 595, 596 (parts one, two and four), 597, 598, 599, 600, 601, 602,
603 (part three), 606 (part one), 607 (part one), 611 (part one), 612, 613 (parts twelve
and thirteen), 614, 615 (parts one, two and three), 617, 619, 620, 621 (parts one, two
and four) of this Code.
2. The authorized civil servants of the military police bodies shall consider the
cases on administrative infractions and impose the administrative sanctions.
3. The competence of the military police bodies of the Armed Forces of the
Republic of Kazakhstan o administrative infractions I the scope of transport shall apply
to the military servants, persons liable for military service, called on military
trainings, as well as to the persons operating military transport vehicles of the Armed
Forces of the Republic of Kazakhstan, other forces and military formations of the
Republic of Kazakhstan, with the exception of parts four and five of this Article.
4. The competence of the military police bodies of the National Security Committee
of the Republic of Kazakhstan on administrative infractions in the scope of transport
shall apply to the servants, employees and military servants operating transport
vehicles of the special state bodies of the Republic of Kazakhstan.
5. The competence of the military police bodies of the National Guard of the
Republic of Kazakhstan on administrative infractions in the scope of transport shall
apply to military servants, persons liable for military service, called on military
trainings, as well as to the persons operating the military transport vehicles of the
National Guard.
6. Materials on the violations committed by drivers of transport vehicles of the
Armed Forces of the Republic of Kazakhstan, other forces and military formations of the
Republic of Kazakhstan – military servants and persons liable for military service, for
which the fine is provided as administrative sanction in established manner, shall be
transferred by the military police bodies to the relevant commanding officers (heads)
for solution of the issue on bringing to responsibility on Disciplinary charter of the
Armed Forces of the Republic of Kazakhstan, other forces and military formations of the
Republic of Kazakhstan.
Footnote. Article 727 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 10.01.2015 No. 275-V
(shall be enforced upon expiry of ten calendar days after the date of its first official
publication).
Article 728. Bodies on state control of production and
turnover of sub-excise products 1. The bodies on state control of production and turnover of sub-excise products
shall consider the cases on administrative infractions provided by Articles 281 (parts
one, two and three), 282 (parts one, two, five, eight, ten and twelve), 464 (part one)
of this Code.
2. The heads (deputies) of the body on state control of production and turnover of
sub-excise products shall consider the cases on administrative infractions and impose
the administrative sanctions.
Footnote. Article 728 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 729. Local executive bodies 1. Local executive body of oblast, city of republican significance and the
capital, district (city of republican, oblast significance, and the capital) shall
consider the cases on administrative infractions provided by Articles 75 (parts three
and four), 144 (parts one (in part of heat recovery installations of the consumers) and
two), 172 (parts one, three and four) (in part of operation of thermal and mechanical
equipment of the boiler rooms of all capacities and heat supply networks (main, local),
199 (parts one, three and four), 202, 204, 250, 301 (in part of boiler rooms of all
capacities and heat supply networks (main, local), 303 (in part of boiler rooms of all
capacities), 304, 305 (in part of protective zones of the heat supply networks (main,
local), 306 (parts one and two), 320 (parts five, six and seven), 401 (parts three,
four, five, seven, eight, nine, ten and eleven), 402 (parts one, two and three), 404
(parts one, two, three, four, five, six, seven and eight), 405 (part two), 409 (parts
eight, nine, ten and eleven), 452 (parts one, two, five, seven, eight, subparagraphs 1),
2), 3) of parts nine, ten), 454 (part one), 455 (parts one, two and three), 464 (part
one), 491 of this Code.
2. Akim of oblast, city of republican significance and the capital, district (city
of republican, oblast significance and the capital) and his (her) deputies shall have
the right to consider the cases on administrative infractions and impose the
administrative sanctions.
3. Akims of cities of district significance, villages, rural settlements, rural
districts shall have the right to consider the cases on administrative infractions and
impose the administrative sanctions for the administrative infractions provided by
Articles 144 (parts one (in part of heat recovery installations of the consumers) and
two), 146, 147, 172 (parts one, three and four) (in part of operation of thermal and
mechanical equipment of the boiler rooms of all capacities and heat supply networks
(main, local), 204, 301 (in part of boiler rooms of all capacities and heat supply
networks (main, local), 303 (in part of boiler rooms of all capacities), 304, 305 (in
part of protective zones of the heat supply networks (main, local), 320 (parts five, six
and seven), 386, 408, 409 (parts eight, nine, ten and eleven), 491 and 505 of this Code
committed in a territory of the cities of district significance, villages, rural
settlements, rural districts.
Footnote. Article 729 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 730. Authorized body in the field of education
1. The authorized body in the field of education shall consider the cases on
administrative infractions provided by Articles 84,409 (parts one, two, three, four,
five and six), 464 (part one) of this Code.
2. The head of the authorized body in the field of education and his (her)
deputies, the heads of territorial bodies of the authorized body in the field of
education and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 731. Authorized body in the field of tourist activity
1. the authorized body in the field of tourist activity shall consider the cases
on administrative infractions provided by Articles 187 (part one), 230 (part two) (in
part of infractions committed by tour operators and tour agents), 464 (part one) of this
Code.
2. The head of the authorized body in the field of tourist activity and his (her)
deputies shall have the right to consider the cases on administrative infractions and
impose the administrative sanctions.
Article 732. Authorized body in the scope of gambling industry
1. The authorized body in the scope of gambling industry shall consider the cases
on administrative infractions provided by Article 464 (part one) of this Code.
2. The head of the authorized body in the scope of gambling industry and his (her)
deputies shall have the right to consider the cases on administrative infractions and
impose the administrative sanctions.
Article 733. Authorized body in the field of regulation
of trade activity
1. The authorized body in the field of regulation of trade activity shall consider
the cases on administrative infractions provided by Articles 268, 464 (part one) of this
Code.
2. The head of the authorized body in the field of regulation of trade activity or
the person fulfilling his (her) obligations shall have the right to consider the cases
on administrative infractions and impose the administrative sanctions.
Article 734. Authorized body in the field of
production of biofuel
1. The authorized body in the field of production of biofuel shall consider the
cases on administrative infractions provided by Article 169 (parts one, three, six and
eight) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the head of the authorized body in the field of production of biofuel and his
(her) deputies;
2) the heads of territorial bodies of the authorized body in the field of
production of biofuel and his (her) deputies.
Article 735. Authorized body in the field of
turnover of biofuel
1. The authorized body in the field of turnover of biofuel shall consider the
cases on administrative infractions provided by Article 169 (parts four, five and nine)
of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the head of the authorized body in the field of turnover of biofuel and his
(her) deputies;
2) the heads of territorial bodies of the authorized body in the field of turnover
of biofuel and his (her) deputies.
SECTION 4. ADMINISTRATIVE INFRACTIONS PROCEEDING
Chapter 37. GENERAL PROVISIONS
Article 736. Legislation determining the procedure for the
administrative infractions proceeding
1. The procedure for the administrative infractions proceeding shall be determined
by this Code.
2. The procedure for imposition of administrative sanctions by a court in the
course of considering the criminal or civil case shall be determined by the provisions
of this Code and the Criminal Procedure Code of the Republic of Kazakhstan and the Civil
Procedure Code of the Republic of Kazakhstan respectively.
Article 737. The tasks of the administrative
infractions proceeding
The tasks of the administrative infractions proceeding are:
1) timely, comprehensive, full and objective clarification of the circumstances of
each case, its solution in accordance with this Code;
2) ensuring of exercising the rights and obligations of the participants of
proceeding;
3) clarification of the reasons and conditions promoting commission of
administrative infractions;
4) ensuring of executing the regulation on the case on administrative infraction.
Article 738. Language of proceeding 1. The administrative infractions proceeding in the Republic of Kazakhstan shall
be conducted in the state language, and when necessary, the Russian or other languages
shall be used in proceeding on equal terms with the state language.
2. In case of necessity to change the language of proceeding, the judge, bodies
(civil servants) authorized to consider the cases on administrative infractions shall
issue the reasoned decree on change of the language of the administrative infraction
proceeding.
3. To the persons participating in a case that do not or are not proficient in
language in which the proceeding on a case is conducted, the right to make statements,
to give explanations and testimony, to present petitions, to make complaints, to
familiarize with case materials, to appear in court upon its consideration in native
language or another language that they know, to use the services of an interpreter shall
be explained and ensured in the manner established by this Code.
4. Translation of case materials that are required to the persons participating in
the administrative infractions proceeding by operation of law to the language of the
proceeding expressed in another language shall be ensured without payment.
5. Procedural documents subjected to delivery to an offender and injured party
shall be translated to their native language or to the language that they can speak.
6. The cost of translation and services of an interpreter shall be paid on account
of the state budget.
Article 739. Calculation of terms
1. The terms used upon the administrative infractions proceeding shall be
calculated in hours, days, months and years.
2. Upon calculation of terms, the hour or days from which the term starts to run
shall not be taken into calculation. This rule shall not relate to calculation of terms
upon detention.
3. Upon calculation of terms, it shall include non-working time as well, with the
exception of the cases when the term is calculation in days.
4. Upon calculation of terms in days, the term shall be calculated after zero
hours of the first days and shall expire in twenty four hours of the last days of the
term.
5. Upon calculation of term in months or years, the term shall expire in the
relevant number of the last month, and if this month does not have the relevant number,
the term shall be terminated on the last date of this month. If termination of the term
falls within non-working (day-off, public holiday) day, the last date of the term shall
be considered as the first business day next to it, except for the cases of calculating
the term upon administrative detention.
Article 740. Petitions
1. The persons participating in the administrative infraction proceeding shall
have the right to file petitions subjected to compulsory consideration by a judge, body
(civil servant) the proceeding of which includes this case.
2. A petition shall be filed in written form and subject to immediate
consideration. In cases when immediate consideration of the petition is impossible, the
decision on it shall be adopted no later than three days from the date of filing.
3. Decision on satisfaction of the petition or its full or partial dismissal shall
be issued in the form of ruling that shall be brought to notice of the person filing the
petition.
Article 741. The circumstances excluding the administrative
infraction proceeding
1. Administrative infractions proceeding may not be initiated, and the initiated
shall be subject to termination inexistence at least of one of the following
circumstances:
1) absence of occurrence of administrative infraction;
2) absence of components of administrative infraction;
3) repeal of the law or its separate provisions establishing administrative
liability;
4) if the law or its separate provisions establishing administrative liability, or
another legislative legal act subjected to applying in this case on administrative
infraction from which the determination of the act as administrative infraction depends
on, are recognized unconstitutional by the Constitutional Council of the Republic of
Kazakhstan;
5) expiration of terms of limitation for bringing to administrative liability;
6) existence of the decree of a judge, body (civil servant) on imposition of the
administrative sanction or unrepealed decree on termination of a case on administrative
infraction on the same fact in respect of the person that is brought to administrative
liability, as well as existence of the decree on recognition of a person as suspected on
the same fact;
7) death of an individual, liquidation of a legal entity in respect of which the
proceeding on case is conducted;
8) in case of occurrence of technical errors in a program support confirmed by the
authorized body carrying out the management in the scope of ensuring the receipt of
taxes and other compulsory payments to the budget that lead to non-fulfillment of the
tax liability by a tax payer upon representation of the forms of tax reporting in
electronic form within the term established by the legislation of the Republic of
Kazakhstan;
9) the other cases provided by the tax legislation of the Republic of Kazakhstan;
10) existence of the document confirming payment of administrative fine in the
manner established by Article 897 of this Code;
11) the person that is brought to administrative liability is recognized as
injured party on a criminal case in the manner established by the Law on the crime
linked with human beings traffic.
2. Administrative infraction proceeding shall be terminated on the ground provided
by subparagraph 2) of part one of this Article, and in the case when infliction of
damage is lawful or the act is committed on occasions that excludes the administrative
liability in accordance with chapter 5 of this Code.
Article 742. Circumstances that permitting not to bring to
administrative liability
Administrative infraction proceeding may be terminated in the manner provided by
this Code in case of transfer of the material to a prosecutor, body of pre-trial
proceeding due to existence of the signs of a criminally punishable act provided by the
criminal; legislation.
Article 743. Notifications (notices)
1. Participants of the administrative infractions proceeding shall be noticed on
time and place for consideration of a case or commission of separate procedural actions
and shall be summoned to appear before the court, body (to civil servant) by
notifications (notices).
2. The notification (notice) shall be directed by registered letter with
notification on its delivery by a telephoned message or telegram, text message to the
subscriber's number of cellular communications or by electronic mail or with use of
other means of communications ensuring registration of notice or summon.
Upon notifying by a text message on subscriber's number of cellular communications
or by electronic mail, the participants of proceeding shall be also notified by the
other method stated in this Article.
3. If there is no one residing at the stated address in fact, the notice or summon
may be directed to the legal address or at the place of work. The notification (notice)
addressed to a legal entity shall be directed at the registered office.
4. Notification (notice) shall be recognized properly delivered in the following
cases:
1) existence of signature of the person brought to administrative liability in the
relevant section of administrative infraction report;
2) notice of a person by registered letter, telegram that shall be delivered to
him (her) in person or to someone of adult family members residing jointly with him
(her) against receipt on delivery confirmation subjected to return. The notice being
addressed to a legal entity shall be delivered to the head or employee of the legal
entity that shall sign for receipt of the notice on delivery confirmation specifying own
last name, initials and position;
3) direction of a text message on the subscriber’s number of cellular
communications or by electronic mail that the informed person stated during proceeding
on the case and confirmed by own signature;
4) direction of notification (notice) by the state revenues bodies by electronic
methods to the persons registered as electronic tax payers in the manner established by
the tax legislation of the Republic of Kazakhstan.
5. The person in respect of whom the administrative infraction proceeding is
carried out, shall confirm by signature the familiarization with that the address of the
place of residence (location), work place, subscriber’s number of cellular
communications, electronic address specified by him (her) are trustworthy, and the
notification (notice) directed to the stated contacts will be considered proper and
sufficient.
6. Upon refusal of an addressee to accept a notification (notice), the person
carrying or delivering it shall make the relevant mark on the notification (notice) that
will return to the court, body (to civil servant).
7. Refusal of an addressee from acceptance of a notification (notice) is not a bar
of consideration of the case or commission of separate procedural actions.
Footnote. Article 743 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 38. PARTICIPANTS OF ADMINISTRATIVE INFRACTIONS
PROCEEDING, THEIR RIGHTS AND OBLIGATIONS
Article 744. The person in respect of whom the administrative
infraction proceeding is conducted
1. The person in respect of whom the administrative infraction proceeding is
conducted, shall have the right to be familiarized with a protocol and other case
materials, to give explanations, to remark on contain and drawing up of the protocol, to
represent evidences, to file petitions and to challenge, to use legal assistance of a
defence attorney, to speak in native or the other language that he (she) knows upon
consideration of the case, and to use the services of an interpreter without payment, if
he (she) does not speak the language in which the proceeding is conducted; to appeal the
application of measures to ensure proceeding on the case, protocol on administrative
infraction and regulation on the case, to make notes from it and take copies of the
documents available in the case, as well as to use the other procedural rights provided
to him (her) by this Code.
2. The case on administrative infraction shall be considered with participation of
the person in respect of whom the administrative infraction proceeding is conducted. In
the absence of the mentioned person, the case may be considered only in cases when there
is data on his (her) appropriate notice about place and time for consideration of the
case and if there is no petition from him (her) on postponement of consideration of the
case.
3. Upon consideration of the case on administrative infraction committed by the
person under eighteen years, or the commission of which entails administrative sanction
in the form of administrative arrest, as well as administrative expulsion beyond the
borders of the Republic of Kazakhstan of foreign person or stateless person or
deprivation of the special right (with the exception of the right to operate transport
vehicles) provided to the person, the presence of the person that is brought to
administrative liability shall be mandatory.
4. In case of avoidance of the persons mentioned in a part three of this Article
from appearance on calling of a judge, body (civil servant) considering the case on
administrative infraction, the proceeding of which includes this case on administrative
infraction, this person may be subjected to bringing.
Ruling of court on bringing shall be executed by an officer of justice or internal
affairs body; ruling of body (civil servant) considering the case on administrative
infraction – by the internal affairs body (police).
5. The minor person in respect of whom the administrative infraction proceeding is
conducted may be removed for a time of consideration of the circumstances of the case
the discussion of which may have a negative impact on him (her).
Article 745. Injured party
1. The injured party is an individual or legal entity to which the administrative
infraction caused physical, property or moral damage.
2. The injured party shall have the right to familiarize with all material cases,
to give explanations, to represent evidences, to file petitions and to challenge, to
have a representative, to appeal the protocol on administrative infraction and decree on
the case on administrative infraction, to use the other procedural rights provided to
him (her) by this Code.
3. The case on administrative infraction shall be considered with the
participation of injured party. In his (her) absence, the case may be considered only in
cases when there is data on his (her) appropriate notice about place and time for
consideration of the case and if there is no petition from him (her) on postponement of
consideration of the case.
4. The injured party may be interrogated as a witness in the manner provided by
Article754 of this Code. If the injured party is the legal entity, its representative
may be interrogated as a witness.
Article 746. Legal representatives of an individual 1. Protection of rights and legal interests of an individual in respect of whom
the administrative infraction proceeding is carried out, or of injured party that are
minors or deprived of a possibility to exercise own rights on an individual basis due to
physical or mental state, shall be carried out by their legal representatives.
2. Legal representatives of an individual shall be recognized as parents,
adopters, trustees, guardians and other persons in care or maintenance of whom he (she)
is.
3. The kinship or the relevant powers of the persons that are legal
representatives of an individual shall be certified by the documents provided by the
legislation of the Republic of Kazakhstan.
4. Legal representative of an individual in respect of whom the administrative
infraction proceeding is conducted shall be admitted to participate in the case from the
date of administrative detention of the person bringing to administrative liability, or
drawing up of protocol on administrative infraction.
5. Legal representatives of an individual in respect of whom the administrative
infraction proceeding is conducted, and of injured party, shall have the right and bear
the obligations provided by this Code in respect of the persons represented by them.
6. Upon consideration of the case on administrative infraction committed by the
person under eighteen years, the participation of his (her) legal representatives is
mandatory. In case of avoidance from appearance, the legal representative of a minor may
be subjected to bringing carried out by the internal affairs body (police).
Article 747. Representatives of a legal entity 1. Protection of rights and legal interests of a legal entity in respect of which
the administrative infraction proceeding is conducted or that is injured party shall be
carried out by its representatives.
2. Legal representative of a legal entity is the head of the executive body of
legal entity that acts in behalf of the legal entity. The powers of a legal
representative of legal entity shall be confirmed by the documents certifying his (her)
official position.
The other persons representing the interests of a legal entity are the
representatives under a commission, the powers of which are determined by a power of
attorney issued in behalf of the legal entity by the executive body of legal entity and
signed by the head of the executive body.
3. The representatives of a legal entity in respect of which the administrative
infraction proceeding is conducted, and of injured party shall have the rights and bear
obligations provided by this Code in respect of the persons represented by them.
4. The case on administrative infraction shall be considered with participation of
a representative of legal entity in respect of which the administrative infraction
proceeding is conducted. In the absence of the mentioned person, the case may be
considered only in the cases when there is data on his (her) appropriate notice about
place and time for consideration of the case, if there is no petition from him (her) on
postponement of consideration of the case.
5. Upon consideration of the case on administrative infraction the commission of
which entails administrative sanction in the form of confiscation of the subject that is
the tool or subject for commission of administrative infraction, or confiscation of
incomes (dividends), money and securities received due to commission of the
administrative infraction, the presence of a representative of legal entity brought to
administrative liability is compulsory.
6. In case of avoidance of a representative of legal entity from appearance on
call of a judge, body (civil servant) the proceeding of which includes the case, the
mentioned person may be subjected to bringing by internal affairs bodies (police) and
financial police on the basis of the ruling of judge, body (civil servant) the
proceeding of which includes the case.
Article 748. Defence attorney
1. Defence attorney is a person carrying out protection of rights and interests of
a person brought to administrative liability in the manner established by the Law, and
rendering legal assistance to him (her).
2. Advocates take participation as defence attorneys. Together with advocates, the
defence attorneys may be husband (spouse), close relatives or legal representatives of
the person brought to administrative liability. Foreign advocates may be admitted to
participate in case as defence attorneys, if it is provided by the international treaty
of the Republic of Kazakhstan with the relevant state on a reciprocal basis, in the
manner determined by the legislation.
3. Defence attorney shall be admitted to participate in case from the date of
administrative detention of the person brought to administrative liability, drawing up
of a protocol on administrative infraction or issuance of a decree by a prosecutor on
administrative infraction, as well as at any stage of the administrative infraction
proceeding.
4. One and the same person may not be defence attorney of two participants of the
administrative infractions proceeding, if the interests of one of them conflict with the
interests of the other.
5. Defence attorney shall not have the right to refuse from participation as
defence attorney on the case on administrative infraction, with the exception of cases
provided by the legislation of the Republic of Kazakhstan.
Article 749. Compulsory participation of defence attorney
1. Participation of defence attorney in the administrative infraction proceeding
shall be compulsory in the cases if:
1) the person brought to administrative liability filed a petition about this;
2) the person brought to administrative liability may not exercise own right to
protection due to physical or mental deficiency on an individual basis;
3) the person brought to administrative liability may not speak the language in
which the proceeding is conducted;
4) the person brought to administrative liability is a minor person.
2. If in existence of the circumstances provided by a part one of this Article,
the defence attorney is not engaged by the person himself (herself) brought to
administrative liability, his (her) legal representatives, as well as other persons
under his (her) commission, the judge, body (civil servant) authorized to consider the
cases on administrative infractions shall be obliged to ensure participation of defence
attorney at the relevant stage of proceeding, on which they shall issue a decree. The
decree shall be directed to the bar association of oblast, city of republican
significance, the capital or its structural subdivisions for execution, and shall be
subject to execution within the term no more than twenty four hours from the date of its
receipt.
Article 750. Engagement, assignment, substitution of defence
attorney, payment for his (her) labour
1. Defence attorney shall be engaged by the person in respect of whom the
administrative infraction proceeding is conducted, by his (her) representatives, as well
as other persons under a commission or with consent of the person in respect of whom the
administrative infraction proceeding is conducted. The person in respect of whom the
administrative infraction proceeding is conducted, shall have the right to engage
several defence attorneys for defence.
2. Upon request of the person in respect of whom the administrative infraction
proceeding is conducted, the participation of a defence attorney shall be ensured by a
judge, body (civil servant) authorized to consider the cases on administrative
infractions.
3. In the cases when participation of elected or assigned defence attorney is
impossible within twenty four hours, the judge, body (civil servant) authorized to
consider the cases on administrative infractions shall have the right to offer
engagement of other defence attorney to the person in respect of whom the administrative
infraction proceeding is conducted or to take measures for assignment of defence
attorney through the bar association or its structural subdivisions. The judge, body
(civil servant) authorized to consider the cases on administrative infractions shall not
have the right to recommend engagement of a special person as defence attorney to the
person in respect of whom the administrative infraction proceeding is conducted.
4. In case of administrative detention, if the appearance of a defence attorney
being elected by the person in respect of whom the administrative infraction proceeding
is conducted is impossible within three hours, the judge, body (civil servant)
authorized to consider the cases on administrative infractions shall offer to engage the
other defence attorney to the person in respect of whom the administrative infraction
proceeding is conducted, and in case of refusal, shall take measures for assignment of
defence attorney through the bar association or its structural subdivisions.
5. Payment for labour of a defence attorney shall be made in accordance with the
legislation of the Republic of Kazakhstan. The judge, body (civil servant) authorized to
consider the cases on administrative infractions shall be obliged to release the person
in respect of whom the administrative infraction proceeding is conducted from paying
legal assistance in existence of the grounds for that. In this case the payment for
labour shall be made on account of budget funds.
6. Costs of payment for labour of defence attorneys shall be made on account of
budget funds and in case provided by a part two of Article 749 of this Code, when the
defence attorney took participation in a proceeding on case upon assignment.
7. The advocate shall be admitted to participate in case on administrative
infractions as defence attorney upon representing the certificate of advocate and the
warrant certifying his (her) powers for conduct of a case. The other persons mentioned
in a part two of Article 748 of this Code shall represent the documents certifying their
right to participate in the case as defence attorney (certificate of marriage, as well
as documents mentioned in a part three of Article 747 and part three of Article 747 of
this Code).
Article 751. Refusal from defence attorney
1. The person in respect of whom the administrative infraction proceeding is
conducted shall have the right to refuse from defence attorney at any time of the
proceeding that means his (her) intention to exercise own protection on an individual
basis. Refusal from defence attorney shall not be admitted on the grounds of absence of
the funds for payment of legal assistance. Refusal shall be executed in written form.
2. Refusal from defence attorney shall not deprive the right of the person in
respect of whom the administrative infraction proceeding is conducted to file petition
in the following on admission of a defence attorney to participate in a case.
Intervention of a defence attorney shall not entail review of the actions committed by
this time in the course of consideration of the case on administrative infraction.
Article 752. Powers of defence attorney
1. Defence attorney shall have the right to: familiarize with all case materials;
participate in consideration of a case; represent evidences; file petitions and
objections; put questions to the persons interrogated in the process of consideration of
a case upon authorization of a judge, body (civil servant) authorized to consider the
case; appeal the application of measures to ensure proceeding on a case; use the other
rights provided to him (her) by the Law.
2. Defence attorney shall not have the right to: commit any actions against the
interests of a defendant and impede exercise of the rights belonging to him (her);
recognize his (her) belonging administrative infraction and guilt in its commission in
spite of position of a defendant, to apply on reconciliation of a defendant with injured
party; withdraw complaints and petitions filed by a defendant; disclose the details that
became known to him (her) due to applying for legal assistance and its implementation.
Article 753. Representative of injured party 1. The representatives of an injured party may be the persons legally qualified by
operation of law to represent the interests of the injured party upon the administrative
infraction proceeding.
2. The representatives of an injured party shall have the same procedural rights
as individuals and legal entities represented by them within the ambit provided by this
Code.
3. The representatives shall not have the right to commit any actions contrary to
the interests of the represented person.
4. Personal participation of an injured party in a case shall not deprive his
(her) right to have a representative on this case.
Article 754. Witness 1. Any person who may know the circumstances having significance for a case may be
called as a witness on a case on administrative infraction, unless otherwise provided by
the Law.
2. The witness shall have the right to: refuse from testimony against himself
(herself), husband (wife) or close relatives, make statements and remarks regarding the
correctness of entering own evidences in the relevant protocol; act in native language
upon consideration of a case; enjoy free assistance of an interpreter.
3. The witness shall be obliged to appear on call of a judge, body (civil servant)
the proceeding of which includes the case on administrative infraction, to report
faithfully about all that is known to him (her) on a case and answer to raised
questions, to certify the correctness of entered evidences by his (her) signature in the
relevant protocol.
4. The witness shall be informed on administrative liability for avoidance or
refusal from testimony, giving of knowingly false testimony to the body (civil servant)
authorized to consider the cases on administrative infractions, and on criminal
liability for commission of these actions in court.
5. In case of avoidance of a witness from appearance on call of a judge, body
(civil servant) the proceeding of which includes the case on administrative infraction,
he (she) may be subjected to bringing by the internal affairs body (police) on the basis
of the ruling of court, body (civil servant).
6. Upon interrogation of a minor witness under fourteen years, the presence of a
pedagogue or psychologist is compulsory. In case of necessity, the interrogation shall
be conducted in the presence of a legal representative of such witness.
Article 755. Attesting witness
1. In cases provided by this Code, the adult person that is impartial in outcome
of a case, being able to perceive fully and correctly the actions happening in his (her)
presence shall be brought as attesting witness.
2. Participation of an attesting witness in the administrative infraction
proceeding shall be expressed in protocols of personal inspection, search of a transport
vehicle, things, withdrawal of documents and things being in possession of an
individual, inspection of territories, premises and property belonged to a legal entity,
withdrawal of documents and property belonging to the legal entity.
3. The attesting witness shall be obliged to appear on call of a civil servant,
the proceeding of which includes the case on administrative infraction, to take
participation in a proceeding on this case and certify the fact of carrying out the
actions performed with his (her) presence, their content and results by his (her)
signature in the relevant protocol.
4. The attesting witness shall have the right to make statements and remarks
regarding the performed action subjected to entering in protocol.
5. In case of necessity, the attesting witness may be interrogated as a witness in
the manner provided by Article 754 of this Code.
Article 756. Specialist
1. Any adult person that is impartial in outcome of a case having special
knowledge and skills required for rendering assistance in collection, research and
assessment of evidences, as well as in applying special means may be assigned as a
specialist for participation in the administrative infraction proceeding.
2. The specialist shall have the right to: know the aim of his (her) call; refuse
from participation in a proceeding on case, if he (she) does not possess the relevant
special knowledge and skills; familiarize with case materials related to the procedural
actions committed with his (her) participation; put questions to the participants of
procedural actions upon authorization of a judge, body (civil servant) the proceeding of
which includes the case on administrative infraction; conduct research within the
procedural actions, with the exception of comparative research, case materials with the
reflection of its course and results in the protocol or official document that is a part
of the protocol of procedural actions; familiarize with the protocol of procedural
actions in which he (she) took participation, and make statements and remarks subjected
to entering in the protocol with regard to fullness and correctness of recording the
course and results of the actions performed with his (her) participation.
3. The specialist shall be obliged to: appear on call of a judge, body (civil
servant) carrying out the administrative infraction proceeding; participate in a
procedural action using special knowledge, skills and scientific technical means; give
explanations regarding the actions committed by him (her); certify the fact of
commission of mentioned actions, their content and results by his (her) signature.
Article 757. Expert
1. The person that is impartial in outcome of a case, having special scientific
knowledge may be called as an expert. Performance of forensic examination may be
instructed to:
1) employees of the bodies of forensic examination;
2) individuals carrying out the judicial expert activity on the basis of the
license;
3) the other persons in accordance with requirements of the Law in exceptional
manner.
2. The expert shall have the right to: familiarize with case materials related to
the subject of examination; file petitions on representing additional materials required
for giving an opinion, to participate in a proceeding of procedural actions upon
authorization of the body (civil servant), the proceeding of which includes the case on
administrative infraction, and put questions to the persons participating in them
related to the subject of examination; familiarize with a protocol of procedural actions
in which he (she) took participation, and make remarks subjected to entering in the
protocols with regard fullness and correctness of recording his (her) actions and
evidences; in coordination with a judge, body (civil servant) that assigned the forensic
examination, to give an opinion within the competence on the circumstances having a
meaning for the case detected in the course of judicial expert research, that are beyond
the scope of the issues contained in a ruling on assignment of the forensic examination;
represent the opinion and give evidences in native language or the language that he
(she) can speak; enjoy free assistance of an interpreter; appeal decisions and actions
of a court and other persons participating in the proceeding on case derogating from his
(her) rights upon performance of the examination; receive compensation of the costs
incurred upon performance of the examination, and remuneration for the performed work,
if performance of forensic examination is not included into his (her) scope of official
duties.
3. The expert shall not have the right to: hold negotiations with participations
of the administrative infraction proceeding on the issues linked with performance of the
examination, without knowledge of the body carrying out proceeding on a case; collect
materials for investigation on an individual basis; conduct investigations that may
entail full or partial destruction of the objects or change of their appearance or main
properties, if there is no special permit of the body that assigned the examination.
4. The expert shall be obliged to: appear on call of a judge, body (civil servant)
the proceeding of which includes the case on administrative infraction; conduct
thorough, full and objective investigation of the objects represented to him (her), give
reasonable written conclusion on the issues set before him (her); refuse from giving an
opinion and draw up substantiated written report on impossibility to give the opinion
and direct it to the body (civil servant( that assigned the forensic examination, in the
cases provided by a part thirteen of Article 772 of this Code; give evidences on the
issues linked with conducted investigation and given opinion; ensure preservation of the
investigated objects; not to disclose the details on circumstances of the case and other
details that became known to him (her) due to performance of the examination.
5. The expert shall bear criminal liability provided by the Law for giving
knowingly false opinion.
6. The expert that is the employee of the body of forensic examination shall be
regarded as familiarized with his (her) rights and obligations and warned on a criminal
liability for giving knowingly false opinion in court by the nature his (her) business
occupation.
Article 758. Interpreter
1. Any adult person that is impartial in outcome of a case that can speak
languages (that understands the signs of dumb or deaf people), the knowledge of which
are required for interpretation upon the administrative infraction proceeding.
2. The interpreter shall be assigned by a judge, body (civil servant) the
proceeding of which includes the case on administrative infarction.
3. The interpreter shall have the right to: refuse from participation in a
proceeding on case, if he (she) does not possess knowledge required for interpretation;
put questions to the persons attending upon the process of interpretation for
clarification of the interpretation; familiarize with a protocol of procedural actions
in the proceeding of which he (she) took participation, and make remarks subjected to
entering in the protocol in regard with fullness and correctness of recording of
interpretation.
4. The interpreter shall be obliged to: appear on call of a judge, body (civil
servant) the proceeding of which includes the case on administrative infraction, and to
carry out the interpretation instructed to him (her) fully and precisely; certify
correctness of interpretation by own signature in the relevant protocol.
5. The interpreter shall be warned on administrative liability for carrying out of
knowingly false interpretation upon consideration of a case on administrative infraction
by the body (civil servant) authorized to consider the cases on administrative
infractions, and on criminal liability for commission of this act in court.
6. The rules of this Article shall apply to the person involved in participation
in a case on administrative infraction that understands the signs of dumb or deaf
people.
Article 759. Prosecutor
1. Supreme supervision of precise and uniform application of the Laws in a process
of proceeding on the cases on administrative infractions in behalf of the state, shall
be carried out by the General Prosecutor of the Republic of Kazakhstan as directly, so
through the prosecutors subordinated to him (her).
Upon exercising own procedural powers, the prosecutor shall be independent and
shall abide by the Law.
2. For the purpose of realizing own powers provided by Article 760 of this Code,
the prosecutor shall: participate in the administrative infractions proceeding;
represent evidences and participate in their investigation; set forward own opinion to
the court, body (civil servant) considering the case on guilt of the person in respect
of whom the administrative infraction proceeding is conducted, as well as on the other
issues raising in the process of considering the case; express suggestions to the court,
body (civil servant) considering the case on applying the provisions of the Law and
imposition of the administrative sanction or release from it.
3. The prosecutor shall be notified in a mandatory manner on place and time for
consideration of the case on administrative infraction committed by the minor person, as
well as the infraction that entails administrative arrest. In his (her) absence, such
case may be considered only in the case when there is data on well-timed notification of
the prosecutor and if there is no petition from him (her) on postponement of
consideration of the case.
Footnote. Article 759 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 760. Powers of a prosecutor on ensuring legality of
the administrative infractions proceeding 1. Based on the results of inspections of the administrative infractions
proceeding, the prosecutor shall:
1) introduce a protest in court, body (civil servant) on the decree on the case on
administrative infraction;
2) give written instructions to the authorized civil servants and bodies (except
for the court) on performance of additional inspection;
3) require conduct of inspection from the authorized bodies in the organizations
controlled by them or subordinated to them;
4) terminate the administrative infraction proceeding in the cases established by
the Law;
5) suspend the execution of the decree on administrative sanction;
6) issue a decree on release of the person illegally subjected to administrative
detention;
7) issue a decree or requirement on release from any measures of prohibitive or
restrictive nature imposed by the civil servants of the state bodies due to fulfillment
of own obligations in the cases of violation of rights and legal interests of
individuals, legal entities and the state;
8) issue a decree on initiation of the administrative infraction proceeding.
2. The acts of a prosecutor stated in subparagraphs 6) and 7) of part one of this
Article shall be subject to immediate execution. The civil servants that are guilty in
delay of executing the mentioned acts of a prosecutor shall bear liability established
by the Law.
Article 761. Liability for non-fulfillment of
procedural obligations
1. Non-fulfillment of the procedural obligations provided by Articles 754, 756,
757, 758 of this Code by a witness, specialist, expert and interpreter shall entail
administrative liability established in Articles 658, 659, 661 of this Code.
2. In case of commission of the actions mentioned in a part one of this Article,
upon consideration of the case on administrative infraction, complaint or protest on a
decree on the case in protocols of consideration of the complaint or protest on the
decree on the case, the relevant record shall be made.
Article 762. Circumstances excluding the possibility of
participation in the administrative infraction proceeding 1. The persons that are employees of the state bodies carrying out supervision and
control of compliance with the riles, the violation of which is the ground for
initiation of this case, or if they previously acted as other participants of the
proceeding on this case shall not be admitted to participate in the administrative
infraction proceeding as defence attorney and representative.
2. The expert and interpreter shall not be admitted to participate in the
administrative infraction proceeding if: they are incompetent; they are in blood
relationship with the person brought to administrative liability, the injured party,
their representatives, defence attorney, representative, prosecutor, judge, civil
servant, the proceeding of which includes this case, or if they previously acted as
other participants of the proceeding on this case, and equally if there are grounds to
regard these persons as having interest in this case directly or indirectly.
3. Preceding participation of a person in the case as an expert is the
circumstance that excludes his (her) instructing to perform the examination in cases
when then it is assigned repeatedly second time after the examination performed with his
(her) participation.
Article 763. Challenges of persons the participation of which
in the proceeding on case is not admitted
1. In existence of the circumstances provided by Article 762 of this Code
excluding a possibility for participation of defence attorney, representative,
prosecutor, expert and interpreter in the administrative infraction proceeding, the
mentioned persons shall be subject to challenge.
2. The application on recusation or challenge shall be filed to a judge, body
(civil servant) the proceeding of which includes the case on administrative infraction.
3. the application on recusation or challenge shall be considered within three
days from the date of filing the application.
4. After consideration of the application on recusation or challenge, the judge,
body (civil servant) shall issue a ruling on satisfying the application or on refusal
from its satisfaction.
Article 764. Compensation of expenses to injured party,
witness, expert, specialist, interpreter or attesting witness
1. Injured party, witness, expert, specialist, interpreter and attesting witness
shall be compensated for expenses incurred by them due to appearance in court, body
(civil servant) the proceeding of which includes the case on administrative infraction
in the manner established by the civil procedure legislation, including the cost of
travelling of the mentioned persons from the place of residence or staying to the place
of proceeding and return, and in cases when it is linked with staying at the other place
– the cost of lease of a residential premise, as well as daily allowance.
2. The average earnings on the work place of the person called as injured party,
witness, expert, specialist, interpreter and attesting witness shall be preserved in
established manner for a time of their absence due to appearance in court, body (civil
servant) the proceeding and consideration of which includes the case on administrative
infraction.
3. Labour of an expert, specialist and interpreter shall be paid in the manner
established by the legislation.
Chapter 39. EVIDENCES AND PROOF
Article 765. Evidences 1. Evidences on the case on administrative infraction are legally received actual
data on the basis of which, the judge or body (civil servant) the proceeding of which
includes the case on administrative infraction establishes existence or absence of the
act containing all the signs of administrative infraction components, commission or non-
commission of this act buy the person in respect of whom the administrative infraction
proceeding is conducted, guilt or guiltlessness of this person, as well as the other
circumstances having significance for a proper solution of the case in the manner
established by this Code.
2. Actual data mentioned in a part one of this Article, shall be established by:
explanations of a person brought to administrative liability; testimony of an injured
party, witnesses; opinions and testimony of an expert specialist; material evidences;
other documents; protocols on administrative infraction and protocols of procedural
actions provided by this Code.
Upon consideration of materials on administrative infractions, the data received
with use of scientific technical means may be used as evidences.
3. Actual data shall be recognized inadmissible as the evidences, if they are
received with violations of the requirements of this Code that affected or may affect a
credibility of the received actual data by means of deprivation or restriction of the
rights of the participants of proceeding guaranteed by the Law or violation of the other
rules of process, as well as:
1) with use of force, threat, fraud, and equally the other illegal actions;
2) with use of wrong beliefs of a person participating in a process with regard of
his (her) rights and obligations occurred due to non-clarification, incomplete or
improper clarification of them;
3) due to conduct of a procedural action by a person that does not have the right
to carry out the proceeding on this case;
4) due to participation of a person subjected to challenge in a procedural action;
5) with violation of the procedure for proceeding of a procedural action;
6) from unknown source;
7) with use of methods in the course of proving contradicting to modern scientific
knowledge.
4. Inadmissibility of using actual data as evidences shall be established by a
judge or body (civil servant) carrying out the administrative infraction proceeding at
own initiative or upon petition of participants of the process.
5. The evidences received with breach of the Law shall be recognized invalid and
may not be taken as basis of case decision, as well as may not be used upon proving any
circumstance on the case, with the exception of the fact of the relevant violations and
guilt of the persons that committed them.
Article 766. Circumstances subjected to proving on the case
on administrative infraction
It shall be subject to proving on the case on administrative infraction as
follows:
1) the fact and signs of administrative infraction components provided by this
Code;
2) the person that committed wrongful act (action or omission) for which the
administrative liability is provided by this Code;
3) guilt of an individual in commission of administrative infraction;
4) circumstances mitigating or aggravating administrative liability;
5) character and size of damage inflicted by administrative infraction;
6) circumstances entailing release from administrative liability;
7) reasons and conditions promoting commission of administrative infraction, as
well as the other circumstances having significance for a proper solution of the case.
Article 767. Explanations of a person in respect of which
the administrative infraction proceeding is conducted,
the testimony of an injured party and witness
1. The explanations of a person in respect of which the proceeding on case is
conducted, the testimony of an injured party and witness represent the details having
relevance to the case given by the mentioned persons in oral or written form.
2. The explanations of a person in respect of whom the proceeding on case is
conducted shall be reflected in a protocol on administrative infraction or on applying
the measures on ensuring the proceeding on case, and when necessary – shall be drawn up
as polling protocol and attached to the case.
3. The explanations of a person in respect of whom the administrative infraction
proceeding is conducted, the testimony of witnesses shall be incorporated in protocol on
administrative infraction only after its full filling and clarification of rights and
obligations provided by this Code to the mentioned persons.
4. In case of failure to comply with the requirements provided by a part three of
this Article, the explanations of a person in respect of whom the administrative
infraction proceeding, the testimony of a witness shall not be considered as having the
force of evidences and may not be recognized as evidences.
Article 768. Representation of evidences 1. The evidences may be represented by parties and other participants of
administrative proceeding.
2. If the represented evidences are insufficient, the court or body considering a
case may suggest to represent additional evidences to participants of a process or to
collect them at own initiative.
Article 769. Grounds for release from evidence
1. The circumstances recognized as commonly known by a court, body (civil servant)
authorized to consider administrative infraction, shall not be subject to proving.
2. The circumstances established by the court decision on a civil case or the
court decree on another case on administrative infraction entered into force shall not
be subject to proving upon consideration of the other cases on administrative
infractions in which the same persons take participation.
3. The following circumstances shall be considered as established without
evidences, unless the contrary is established within the due process of law:
1) correctness of the methods for investigation being generally accepted in modern
science, technology, arts, craft;
2) knowledge of the law by a person;
3) knowledge of own official and professional obligations by a person;
4) absence of special training or education of a person that did not represent a
document for their certification and that did not state the educational organization or
another institution where he (she) obtained special training or education.
Article 770. Securing of evidence
1. The parties that have a reason to be worried that the representation of
necessary evidences for them will be impossible or difficult, may ask a judge, body
(civil servant) considering a case on administrative infraction on securing of these
evidences.
2. Securing of evidences shall be carried out by demanding representation of
documents, details and conclusions, performance of examinations, survey on the spot and
by other methods from organizations independently from their participation in the case.
Article 771. Application on securing of evidences 1. The application on securing of evidences shall include: the evidences that are
required to be secured; the evidences the confirmation of which requires these
evidences; the reasons inducing an applicant to make a request on securing, as well as
the case for which these evidences are required.
2. The application shall be directed to court, body (civil servant) considering a
case on administrative infraction.
Article 772. Assignment and performance of examination
1. The examination shall be assigned by a judge, body (civil servant) the
proceeding of which includes a case on administrative infraction, when the circumstances
having significance for the case may be received in a result of investigation of the
case materials conducted by an expert on the basis of special scientific knowledge.
2. Existence of certificates of audit, inspection, conclusions of departmental
inspections, as well as official documents drawn up according to results of
investigations conducted by specialists in the course of procedural actions shall not
exclude a possibility to conduct an examination on the same issues.
3. The judge, body (civil servant) the proceeding of which includes a case on
administrative infraction may assign an examination upon petition of parties or at own
initiative.
4. Performance of an examination may be instructed to employees of the examination
bodies or to other persons satisfying requirements of Articles 757 of this Code.
Performance of an examination may be instructed to a person from among those proposed by
the parties. The requirements of a judge, civil servant on call of the person that is
instructed by performance of the examination shall be compulsory for the head of the
organization where the mentioned person works.
5. On assignment of an examination, the judge, body (civil servant) the proceeding
of which includes a case on administrative infraction shall issue a ruling in which he
(she) states:
1) last name, initials of a judge, civil servant, name of a court, body;
2) time, place of assignment of an examination;
3) grounds for assignment of an examination;
4) last name, first name, patronymic (when available) of an expert or name of an
examination body in which it shall be performed;
5) issues set before an expert;
6) list of materials represented in disposal of an expert.
The ruling shall also contain records on explanation of the rights and obligations
to an expert and on the warning on liability for giving knowingly false opinion.
6. The single-discipline expert panel may be assigned for performance of complex
expert investigations that shall be performed by no less than two experts of one
specialty.
7. The comprehensive examination shall be assigned if for establishment of the
circumstance having significance for a case it is required investigation on the basis of
different branches of knowledge that shall be performed by experts of different
specialties within own competence.
8. Before direction of a ruling on assignment of an examination for execution, the
judge, body (civil servant) that assigned the forensic examination shall be obliged to
familiarize the person in respect of whom the administrative infraction proceeding is
conducted, the injured party with it, to explain the rights to them:
1) challenge an expert or file petition on dismissal from performance of an
examination of the body of forensic examination;
2) file petitions on assignment of the persons or employees of particular bodies
of forensic examination specified by them as experts, as well as on performance of an
examination by the committee of experts;
3) file petition on raising additional questions before an expert or on
clarification of the raised questions;
4) attend during performance of an examination, to give explanations to an expert
upon authorization of a judge or body (civil servant) that assigned the forensic
examination, with the exception of cases precluding performance of the examination;
5) familiarize with expert’s opinion or report on impossibility to give an opinion
after its delivery to a judge or body (civil servant) that assigned the forensic
examination, to represent own remarks, to file petitions on assignment of additional or
repeated examination, assignment of new examinations.
The examination of injured parties shall be performed only with their written
agreement. If these persons did not attain majority age or recognized incapable by
court, he written agreement for performance of the examination shall be given by their
legal representatives.
9. Based on the results of performance of an examination, the expert (experts)
shall give an opinion in his (her) own name, drawn up in accordance with the
requirements of Article 773 of this Code and shall direct it to a judge, body (civil
servant) that assigned the examination.
10. Upon insufficient clarity and completeness, as well as in case of necessity of
solution of additional issues linked with the previous investigation, the additional
examination the performance of which is instructed to the same or another expert
(experts) shall be assigned.
11. If the opinion of the expert is substantiated insufficiently or his (her)
conclusions raise doubts or the procedural rules on assignment and performance of an
examination were essentially violated, the repeated examination, the performance of
which is instructed to the committee of experts which does not include the expert
(experts) that performed the previous examination, may be assigned for investigation the
same objects and solution of the same issues.
12. Ruling of a judge, body (civil servant) on assignment of additional and
repeated examinations shall be substantiated. Upon instructing of additional and
repeated examinations to an expert (experts), the opinions drawn up based on the results
of the previous examinations shall be represented.
13. If before conduct of investigation, the expert is assured that the issues set
before him (her) are beyond his (her) special knowledge or the materials provided to him
(her) are unsuitable or insufficient for giving an opinion and may not be performed, or
the state of science and expert practice does not allow to answer to the raised issues,
he (she) shall draw up a substantiated report on impossibility to give the opinion and
direct it to a judge, body (civil servant).
Article 773. Opinion and testimony of an expert and specialist
1. Expert’s opinion – the conclusions represented in written form on the issues
set before him (her) by a judge, body (civil servant) the proceeding of which includes a
case on administrative infraction, based on the results of investigation of case
materials, including material evidences and samples, performed with the use of special
scientific knowledge. The opinion shall also include the methods applied by an expert
during investigation, the substantiation of answers to the raised issues and
circumstances having significance for a case established at the initiative of the expert
himself (herself).
2. The opinion shall be drawn up by an expert (experts) after performance of
investigations considering its results in his (her) own name, shall certify it (them) by
signature and personal seal. In case of performance of an examination by the body of
examination, the signature of an expert shall be certified by seal of the mentioned
body.
3. The opinion of an expert shall include: date of its drawing up, terms and place
of the examination; grounds for performance of forensic examination; details on a judge,
body (civil servant) the proceeding of which includes a case on administrative
infraction; details on a body of forensic examination and (or) expert (experts) being
instructed to perform the examination (last name, first name, patronymic (when
available), education, specialty, work experience with a relevant degree, academic
degree and academic rank, current position); mark certified by the signature of an
expert that he (she) is informed on criminal liability for giving knowingly false
opinions in court; issues set before an expert (experts); details on participants of a
process attending during performance of an examination and the explanations given by
them; objects; content and results of investigations with specification of used methods;
assessment of results of performed investigations, substantiation and formulation of the
conclusions on the issues set before an expert (experts).
4. The opinion shall contain substantiation of impossibility to answer to all or
several of the raised issues, if the circumstances mentioned in a part thirteen of
Article 772 of this Code are detected in the course of investigation.
5. Expert testimony – the details reported by him (her) in the course of
consideration of a case on administrative infraction for the purpose of clarification or
specification of the opinion represented to them in accordance with requirements of
Article 757 of this Code.
6. Specialist’s opinion – judgement represented in written form on the issues
raised before a specialist by the authorized body carrying out administrative infraction
proceeding, or by parties upon answers to which, the conduct of the relevant
investigation is not required.
7. The opinion of a specialist consists of introductory, descriptive parts and
opinions. The introductory part shall contain: date, place, time for giving an opinion;
civil servant that instructed performance of the special investigation; details on a
specialist (last name, first name, patronymic (when available), education, specialty,
work experience, academic rank, current position. The descriptive part shall contain the
issues raised before a specialist, objects, materials, documents represented to a
specialist for giving an opinion, the persons attending during investigation.
Conclusions shall reflect answers of a specialist to raised issues and their scientific
rationale.
8. Specialist evidence – the details reported by him (her) in the course of
consideration of a case on administrative infraction, on circumstances requiring special
knowledge, as well as clarification of own opinion in accordance with requirements of
Article 756 of this Code.
9. Materials illustrating opinion of an expert, specialist (photo board, schemes,
schedules, tables and other materials) certified in the manner provided by a part two of
this Article shall be accompanied to the opinion and constitute its component part. The
opinion shall be also accompanied by the objects left after investigation, including
samples.
10. The opinion of an expert, specialist is not compulsory for a court, body
(civil servant) the proceeding of which includes a case on administrative infraction,
however their disagreement with the opinion shall be substantiated.
Article 774. Sample acquisition
1. The judge shall have the right to obtain samples, as well as those representing
properties of human, animal, substance, subject, if their investigation has significance
for a case.
2. The samples shall also include test samples of materials, substances, raw
materials, finished products.
3. The reasoned ruling shall be issued on sample acquisition, that shall include:
a person that will obtain samples; a person (organization) from which it is required to
obtain samples; which exactly samples and in which quantity should be obtained; when and
to whom shall person come for obtainment of samples from him (her); when and to whom the
samples should be represented after their obtainment.
4. The samples may be obtained by a judge in person, and in case of necessity –
with participation of a doctor or the other specialist, if it is not linked with
uncovering of the opposite sex from whom the samples are obtained, and if it does not
require special professional skills. In other cases, the samples may be obtained by a
doctor or the other specialist under a commission of a judge.
5. A judge, expert, doctor or the other specialist shall have the right to obtain
samples.
6. In cases when sample acquisition is a part of expert investigation, it may be
performed by an expert.
7. The samples may be obtained from parties, as well as from third parties.
8. The judge shall summon a person, familiarize him (her) with a ruling on sample
acquisition against receipt, explain the rights and obligations to him (her) and other
persons participating in this procedural action.
9. A judge shall perform necessary actions, receive samples, pack them and seal in
person or with participation of a specialist.
10. The results of sample acquisition shall be recorded in a protocol of
procedural action (court sitting) in which the actions taken for obtainment of samples
in a sequence in which they were performed, the scientific research and other methods
and procedures applied by this, as well as the samples themselves, are described.
Article 775. Sample acquisition by a doctor or other
specialist, as well as other expert
1. The judge shall direct the person from whom the samples should be obtained to a
doctor or other specialist, as well as ruling with the relevant commission. The ruling
shall contain the rights and obligations of all the participants of this procedural
action.
2. The doctor or the other specialist shall perform any necessary actions and
obtain samples under commission of a judge. Samples shall be packed and sealed, after
what they shall be directed to a judge together with official document drawn up by a
doctor or other specialist.
3. In a process of investigation, the expert may produce experimental models, on
which he (she) shall report in opinion.
4. The judge shall have the right to attend upon production of such samples that
should be reflected in a protocol drawn up by them.
5. After conduct of investigation, the expert shall attach the samples to own
opinion in a packed and sealed form.
6. If the samples are obtained under a commission of a judge by a specialist or
expert, he (she) shall draw up official document that shall be signed by all the
participants of procedural action and transferred to the judge for attaching to case
materials.
7. The protocol shall be accompanied by obtained samples in a packed and sealed
form.
Article 776. Protection of individual rights upon
sample acquisition
The methods and scientific technical means of sample acquisition shall be safe for
life and health of human. Applying complex medical procedures and methods causing strong
pain senses shall be admitted only with written agreement of the person from which the
samples should be obtained, and if he (she) is under majority age or suffers from mental
diseases, with written agreement of his (her) legal representatives.
Article 777. Material evidences 1. Material evidences on a case on administrative infraction are the subjects that
are the tool or subject for commission of infraction or that preserved its traces.
2. In necessary cases, the material evidences shall be photographed or recorded by
other method and attached to a case, whereat the entry in a protocol on administrative
infraction or another protocol provided by this Code shall be made.
3. The judge, body (civil servant) the proceeding of which includes a case on
administrative infraction shall be obliged to take all necessary measures to ensure
preservation of material evidences before solution of the case in essence, as well as to
adopt decision on them upon completion of consideration of the case.
Article 778. Scientific technical means
1. The court, body (civil servant) and participants of the administrative
infraction proceeding shall have the right to use and represent actual data received
upon using scientific technical means.
2. Use of scientific technical means shall be recognized admissible, if they:
1) explicitly provided by the Law or do not contradict its rules and principles;
2) scientifically well-grounded;
3) ensure effectiveness of proceeding on a case;
4) safe.
3. Actual data received upon use of scientifically technical means shall be
reflected in a protocol on administrative infraction or decree on a case on
administrative infraction.
Article 779. Documents
1. The documents shall be recognized as evidences on a case, if the details stated
or certified in them by organizations, civil servants and individuals, have significance
for a case on administrative infraction.
2. The documents may contain details recorded as in written, so in other form.
Materials containing computer information, photo survey and cine filming, sound and
video recording received, demanded or represented in the manner provided by this Code
may be also referred to the documents.
3. Driving license for the right of operation of transport vehicle is a document
having significance for a case only in cases of its verification and adoption of a
decision on deprivation of the right of an individual to operate transport vehicle.
4. The judge, body (civil servant) the proceeding of which includes a case on
administrative infraction shall be obliged to take necessary measures to ensure
preservation of documents before solution of the case in essence, as well as adopt
decision on them upon completion of consideration of the case.
5. In cases when the documents have the signs mentioned in Article 777 of this
Code, they are material evidences.
Article 780. Demand of additional details
1. The judge, body (civil servant) the proceeding of which include a case on
administrative infraction shall have the right to issue a ruling on demand of additional
details from organizations, public associations, required for solution of the case.
2. In the ruling of a judge, body (civil servant) on demand of additional details,
the brief of the merit of considered case shall be stated, the circumstances subjected
to clarification shall be specified. This ruling shall be compulsory for a court to
which it is directed, and subjected to execution within the established term.
3. Demanded details shall be directed within three days from the date of receipt
of requirement.
4. Upon impossibility to represent the mentioned details, the organization, public
association shall be obliged to notify a judge, body (civil servant) that issued the
ruling in written form within three days.
Article 781. Proving 1. Proving consists of collection, verification and assessment of evidences for
the purpose of establishment of the circumstances having significance for a legal,
substantiated and fair consideration of cases on administrative infractions.
2. Burden of proving the existence of the grounds of administrative liability and
guilt of infraction shall be imposed on a body (civil servant) authorized to consider
the proceeding on cases on administrative infractions.
Article 782. Collection of evidences
1. Collection of evidences shall be carried out in a process of the administrative
infraction proceeding by carrying out the actions provided by this Code.
2. Subjects and documents shall be attached to the case after their assessment
whereat the relevant record shall be entered in a protocol on administrative infractions
or a separate protocol shall be drawn up.
Acceptance of subjects and documents from the persons that are participants of the
administrative infractions proceeding shall be carried out on the basis of a petition.
Article 783. Inspection
All the evidences collected on a case on administrative infraction shall be
subject to detailed, comprehensive and objective inspection. The inspection includes an
analysis of received evidence, its correlation with other evidences, collection of
additional evidences, inspection of the sources of evidences.
Article 784. Evaluation of evidences
1. Evaluation of evidences is a logical intellectual activity consisting of
analysis and synthesis of evidences and terminating with a summary on relevance,
admissibility, credibility and value of separate evidences and sufficiency of their
totality for substantiation of adopted decision.
2. The judge, body (civil servant) carrying out the administrative infraction
proceeding shall evaluate evidences at own inner conviction based on comprehensive, full
and objective consideration of the evidences in their totality, governed by the Law and
conscience. No evidences have a predetermined established force.
3. Each evidence shall be subject to evaluation from the point of view of
relevance, admissibility, credibility, and all the evidences collected in total –
sufficiency for solution of a case.
4. The evidence shall be recognized related to a case if it represents actual data
that confirms, deny or challenge the summaries on existence of the circumstances having
a significance for a case.
5. The evidence shall be recognized admitted if it is received in the manner
provided by this Code.
6. The evidence shall be recognized credible if in results of inspection it is
clear that it conforms to actuality.
7. The totality of evidences shall be recognized sufficient for solution of a
case, if all the admitted and credible evidences related to the case establishing the
issue about all and each of the circumstances subjected to proving without controversy,
are collected.
Chapter 40. TAKING MEASURES OF ENSURING THE ADMINISTRATIVE
INFRACTIONS PROCEEDING
Article 785. Measures of ensuring the administrative
infraction proceeding
1. For the purpose of suppression of administrative infraction, establishment of
identity of a person suspected in its commission, drawing up a protocol on
administrative infraction, when its drawing up is impossible on location of the
administrative infraction, ensuring well-timed and proper consideration of a case and
execution of a decree adopted on the case, prevention of a direct danger to life or
health of people, threat of accident or technogenic disasters, the authorized civil
servant shall have the right to apply the following measures of ensuring the
administrative infraction proceeding within the competence in respect of an individual:
1) bringing to the place of drawing up of a protocol on administrative infraction;
2) administrative detention of an individual;
3) bringing;
4) personal inspection and search of things being in possession of an individual;
5) search of transport vehicles, small size vessels;
6) withdrawal of documents and things;
7) suspension from operation of transport vehicle or small size vessel and
examination of his (her) state of alcohol, drug, substance abuse intoxication;
8) detention, bringing and prohibition to operate transport vehicle or small size
vessel;
9) survey;
10) medical certification of an individual of the state of alcohol, drug or
substance abuse intoxication;
11) suspension or prohibition of the activity or its separate types in order of
Article 48 of this Code.
2. In respect of a legal entity, the following measures of ensuring the
administrative infraction proceeding may be applied:
1) survey of premises, territories, goods located there, transport vehicles and
other property belonging to a legal entity, as well as the relevant documents;
2) withdrawal of documents belonging to a legal entity;
3) arrestment or withdrawal of goods, transport vehicles and another property
belonging to a legal entity;
4) suspension or prohibition of the activity or its separate types in order of
Article 48 of this Code.
3. Measures of ensuring the administrative infraction proceeding may be applied
before initiation of a case on administrative infraction (except for personal
inspection, search of things being in possession of an individual) during proceeding of
the case, as well as at the stage of execution of a decree of the case on administrative
infraction.
4. Each of the measures of ensuring the administrative infraction proceeding
listed in parts one and two of this Article may be applied separately or together with
the other measures, if it is caused by necessity.
5. The civil servant shall bear responsibility for the damage inflicted by illegal
application of the measures of ensuring the administrative infraction proceeding.
6. The application of measures of ensuring the administrative infraction
proceeding may be appealed in the manner provided by chapter 44 of this Code.
Article 786. Conveying 1. Conveying, i.e. forced transmittal of an individual, representative of legal
entity, civil servant, and in cases provided by subparagraphs 1), 3), 4), 5) and 7) of
this Article, transport vehicle and other tools for commission of an infraction for the
purpose of suppression of the infraction, establishment of identity of the offender, as
well as drawing up of a protocol on administrative infraction or issuing restraining
order upon impossibility to draw them up at the place of detection of the administrative
infraction, if the drawing up of the protocol is compulsory, shall be carried out upon
commission of:
1) violations of the rules of using transport means, the rules on protection of
order and traffic safety, the rules oriented to preserve cargo in transport, the rules
of fire security, sanitary hygienic and sanitary epidemiological rules in transport – by
the authorized person to the internal affairs body (police), if he (she) does not have
the documents certifying identity, and there are no witnesses that may tell necessary
data about him (her), as well as if he (she) does not have necessary documents relating
to transport vehicle;
2) forestry violations or violations of the hunting regulations, fishery
regulations and protection of fish resources and other breaches of the legislation on
protection and use of animal world – by employees of the state and departmental security
service of forest and hunting industry by the authorized civil servants of the bodies
carrying out state supervision of compliance with the hunting regulations, bodies of
fishery protection by the civil servants of other bodies carrying out state and
departmental control of protection and use of animal world, by the civil servants of
nature reserves and other especially protected natural areas, as well as by the
employees of the internal affairs bodies (police) to the internal affairs body (police)
or to the body of local self-government;
3) administrative infractions linked with encroachment on protected objects, the
other persons’ property – by employees of paramilitary security service to the service
building of the paramilitary security service or to the body of internal affairs
(police);
4) violation of regime of the State Border of the Republic of Kazakhstan, frontier
and customs regimes, regime in checkpoints through the State Border of the Republic of
Kazakhstan and customs border of the Customs Union, malicious insubordination to the
legal order or requirement of a military servant of the Frontier service of the National
Security Committee of the Republic of Kazakhstan, military servants of other forces,
military formations, an employee of the internal affairs bodies (police) – by the
military servant, employee of the internal affairs bodies (police) or other individual
fulfilling the obligations on protection of the State Border of the Republic of
Kazakhstan to the unit, military unit, Frontier service of the National Security
Committee of the Republic of Kazakhstan, to the internal affairs body (police), body of
self-government;
5) infractions in the scope of entrepreneurial activity, trade and finances, tax
assessment, customs affairs – by employees of the service of economic investigations;
6) infractions encroaching on established order of management and institutions of
the state power, corruption infractions – by employees of anti-corruption service;
7) infractions committed upon conduct of protective measures on safety ensuring of
protected persons – by employees of the State Security Service of the Republic of
Kazakhstan;
8) other administrative infractions in existence of the relevant orders of a
prosecutor or request from the side of civil servants authorized to draw up protocols on
administrative infractions – by employees of the internal affairs bodies (police) to the
internal affairs body (police) or another state body.
2. Upon commission of infractions on a continental shelve, in territorial waters
(sea) and internal waters of the Republic of Kazakhstan, the offender the identity of
whom may not be established on the spot, as well as vessels and tools for commission of
the administrative infraction used for carrying out illegal activity on the continental
shelve, in territorial waters (sea) and internal waters of the Republic of Kazakhstan,
the belonging of which may not be established upon survey, shall be subject to delivery
to the port of the Republic of Kazakhstan (foreign vessels – to one of the ports of the
Republic of Kazakhstan opened for entry of foreign vessels) for suppression of the
infraction, as well as for establishment of the identity of the offender and belonging
of detained vessels, tools for commission of the infraction and drawing up of a protocol
on administrative infraction.
3. Conveying shall be carried out within a possible short term.
4. The protocol shall be drawn up or the relevant record in a protocol on
administrative infraction or administrative detention shall be entered about conveying.
Upon impossibility to carry out the conveying of a person within the terms
provided for conveying him (her) to administrative liability, the written notification
with specification of the reasons by which the conveying is not carried out shall be
directed to address of the referred body (civil servant).
Footnote. Article 786 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 787. Administrative detention
Administrative detention, i.e. short-term restriction of personal freedom of an
individual, representative of a legal entity, civil servant for the purpose of
suppression of the infraction or ensuring the proceeding, may be carried out by:
1) internal affairs bodies (police) – upon detection of administrative
infractions, the cases on which shall be considered by the internal affairs bodies
(police), in accordance with Article 685 of this Code, or administrative infractions on
the cases on which the protocols on administrative infraction shall be drawn up in
accordance with subparagraph 1) of part one of Article 804 of this Code;
2) commandant's office of the place where the state of emergency is declared, and
by military patrols – upon violation of regime of emergency situation and actions
provoking the violation of legal order in conditions of emergency situation;
3) civil servants participated in anti-terrorist operation within the established
competence – upon violation of a legal regime of anti-terrorist operation or non-
performance of requirements established due to declaration of anti-terrorist operation;
4) civil servants of the Frontier service of the National Security Committee of
the Republic of Kazakhstan – upon detection of administrative infractions considered by
them in accordance with a part three of Article 726 of this Code or administrative
infractions on the cases of which the protocols on administrative infractions shall be
drawn up in accordance with subparagraph 44) of part one of Article 804 of this Code;
5) senior military servant at location of protected object, employee of the
internal affairs bodies, special state bodies, civil servant of paramilitary security
service – upon commission of infractions linked with encroaching on the protected
objects, other persons’ property;
6) fishery protection bodies, carrying out state supervision of compliance with
the hunting regulations, and bodies of forest ad hunting industry – upon violation of
the rules, the control of compliance of which is carried out by these bodies;
7) bodies of transport control – upon violation of the rules, the control of
compliance of which is carried out by these bodies;
8) civil servants of military police – upon violation of the road traffic rules by
drivers or other persons operating transport vehicles of the Armed Forces of the
Republic of Kazakhstan, other forces and military formations of the Republic of
Kazakhstan;
9) bodies of state control in the field of environmental protection and use of
natural resources, natural reserves and other especially protected natural areas – upon
breach of the environmental legislation;
10) civil servants of the state revenues bodies – upon commission of infractions
in the scopes of entrepreneurial activity, trade and finances, tax assessment, customs
cases in accordance with the jurisdiction of cases on administrative infractions;
11) civil servants of anti-corruption service – upon commission of the infractions
encroaching on established order of management and institutions of the state power,
corruption infractions in accordance with the jurisdiction of cases on administrative
infractions;
12) civil servants of the state mining supervision bodies, Frontier service of the
National Security Committee of the Republic of Kazakhstan, authorized body on geology
and subsoil use, bodies on environmental protection and natural resources, republican
body of fishing industry – upon commission of administrative infractions on a
continental shelve, territorial waters (sea) and internal waters linked with violation
of the license conditions regulating permitted activity on the continental shelve,
territorial waters (sea) and internal waters of the Republic of Kazakhstan, violation of
the rules of conducting scientific or marine scientific researches, violation of the
rules of burial of wastes and other materials, non-performance of legal requirements of
civil servants of the bodies of protection of continental shelve, territorial waters
(sea) and internal waters of the Republic of Kazakhstan on stopping of the vessel or
impeding its carrying out;
13) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No.
272-V (shall be enforced from 01.01.2015);
14) civil servants of the State Security Service of the Republic of Kazakhstan –
if the infraction is committed during conduct of protective measures on safety ensuring
of protected persons;
15) bailiffs – upon non-performance of requirements on termination of unlawful
actions in a room during a court session, as well as in the course of the forced
execution of enforcement documents.
Footnote. Article 787 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 788. Procedure for administrative detention
1. Upon administrative detention, the protocol shall be drawn up. The protocol
shall contain data, time (to the exact minute) and place of its drawing up, position,
last name and initials of a person that drew up the protocol; details on personality of
a detained person; time, place and grounds for detention. The protocol shall be signed
by a civil servant that drew it up, and by a detained person. In case of refusal of the
detained person to sign the protocol, the relevant record shall be made. Copy of
protocol on detention shall be delivered to the person detained for commission of
administrative infraction.
2. Upon request of a person detained for commission of administrative infraction,
his (her) relatives, administration at the place of work or education, as well as
defendant shall be notified about his (her) location without delay. Upon detention of a
minor person, the notification of his (her) parents or persons substituting them shall
be compulsory.
3. Upon administrative detention of a military servant or citizen called to
military trainings, the military commandant's office or military unit in which the
detained person serves military trainings (military service) shall be notified without
delay.
4. The rights and obligations provided by this Code shall be explained to the
detained person, whereat the relevant record shall be made in a protocol of
administrative detention.
5. Failure to explain the rights and obligations of a detained person is material
violation of the administrative infraction proceeding and shall entail the liability
provided by the legislation of the Republic of Kazakhstan.
6. The person detained in the manner established by this Code shall be subject to
immediate release upon failure of the circumstances that served as the ground for his
(her) detention.
7. The persons subjected to administrative detention shall be detained in premises
specially allocated for this, meeting the sanitary requirements and excluding a
possibility of their willful leaving.
8. Conditions for detention of persons subjected to administrative detention, food
standards and procedure for medical service of such persons shall be determined by the
bodies of executive power.
9. The minor persons in respect of whom the administrative detention is applied
shall be detained separately from adult persons.
Article 789. Terms of administrative detention
1. Administrative detention shall be carried out within a time required for
achievement of the purposes mentioned in Article 785 of this Code, and may last no more
than three hours.
Beginning of the term of detention is the hour to the exact minute when
restriction of freedom of a detained person became real independently from attribution
of any procedural status to the detained person or performance of other formal
procedures. The term of administrative detention in respect of a person being in a state
of alcohol intoxication – from the time of his (her) detoxication certified by a medical
worker. The expiry date of this term is expiration of three hours calculated
uninterruptedly from the time of factual detention.
2. The person in respect of whom the proceeding is initiated for illegal entering
to protected objects, violation of the State Border regime of the Republic of
Kazakhstan, frontier and customs regimes or regime in checkpoint through the State
Border of the Republic of Kazakhstan and customs border of the Customs Union, as well as
on administrative infraction on continental shelve, territorial waters (sea) and
internal waters of the republic of Kazakhstan, may be detained for in necessary cases
for establishing identity and clarifying the circumstances of infraction up to forty
eight hours with reporting about it to a prosecutor in written within twenty four hours
from the date of detention. The persons that committed violation of order established
due to introduction of a closing time at the place where emergency situation is
declared, may be detained by employees of the internal affairs bodies (police) or
military patrols until completion of the closing time, and those from among of them who
do not have documents in their possession – until establishment of their identity, no
more than forty eight hours.
Article 790. Bringing
1. In cases provided by Article 785 of this Code, bringing of an individual or
representative of legal entity in respect of whom the administrative infraction
proceeding is conducted, legal representative of a minor person subjected to
administrative liability shall be carried out.
2. Bringing shall be carried out by bodies of internal affairs and financial
police on the basis of a ruling of a judge, body (civil servant) considering a case on
administrative infraction in the manner established by the Ministry of Internal Affairs
and the Agency of the Republic of Kazakhstan For Combating Economic And Corruption
Crimes (financial police) respectively on cases on administrative infractions considered
by the bodies of financial police.
Article 791. Personal inspection and search of things being
in possession of an individual 1. Personal inspection is a forced checkup of human body and his (her) clothes for
the purpose of detection and prevention of infarctions, discovery and withdrawal of
documents, things and other subjects being a tool for commission or subject of the
administrative infraction.
2. The search of things being in possession of an individual – checkup of things
being in possession of an individual without violation of their structural integrity.
3. Personal inspection and search of things being in possession of an individual
shall be carried out only by the authorized bodies, the list of which is determined in
Article 787 of this Code and that is exhaustive. Performance of mentioned measures by
other persons shall be prohibited and entail liability provided by the Law.
4. Personal inspection may be carried out by the person of the same sex with
inspected person and in presence of two attesting witnesses of the same sex.
5. Personal inspection and search of things being in possession of an individual
may be carried out only during the administrative infraction proceeding. The ground for
conduct of personal inspection and search of things being in possession of an individual
is commission of administrative infraction by the person.
6. The search of things (hand-luggage, luggage, hunting and signing weapons) being
in possession of an individual shall be carried out in the presence of the person in
possession of which these things are, and with participation of two attesting witnesses.
7. In exceptional cases in existence of grounds to suppose that there are weapons
or the other subjects in possession of an individual that may be used for infliction of
harm to life and health of surrounding people, the personal inspection, search of things
may be carried out without attesting witnesses with notification of a prosecutor about
this within twenty four hours.
8. In the absence of a real possibility of participation of attesting witnesses in
conduct of personal inspection and survey of things being in possession of an individual
(in a hardly accessible location, night time, in conditions of emergency or military
situation), they may be carried out without participation of attesting witnesses with
compulsory application of technical means for recording its course and results.
9. In necessary cases, photo survey and cine filming, video recording shall be
produced, and the other established methods for recording material evidences shall be
applied.
10. Upon personal inspection, search of things being in possession of an
individual, the protocol shall be drawn up. Copy of protocol on personal inspection
shall be delivered to a person in respect of whom the proceeding on case is conducted,
to his (her) legal representative. The protocol shall contain data, time and place of
its drawing up, position, last name and initials of a person subjected to personal
inspection, type, number, other identification characteristics of the things including
on type, mark, model, calibre, series, number, signs of weapons, number and type of
ammunition, special technical means for conduct of the special operational investigative
measures of information protection.
11. Application of photo survey and cine filming, video recording, other methods
of recording documents shall be recorded in a protocol of inspection. Materials received
upon conduct of survey with application of photo survey and cine filming, video
recording, other established methods of recording material evidences shall be enclosed
to the relevant protocol.
12. Protocol of personal inspection, search of things shall be signed by a civil
servant that drew it up, by a person subjected to personal inspection, by the owner of
things subjected to search, by attesting persons. In case of refusal of a person
subjected to personal inspection, owner of things subjected to search from signing
protocol, the relevant record shall be made.
Article 792. Search of transport vehicles, small size vessels 1. The search of transport vehicles, small size vessel, i.e. inspection of a
transport vehicle, small size vessel conducted without violation of their structural
integrity shall be carried out for the purpose of detection and withdrawal of the tools
for commission of infraction or subjects of administrative infraction.
2. The search of transport vehicles, small size vessels shall be carried out by
the authorized civil servant listed in Article 787 of this Code with participation of
two attesting persons.
In exceptional cases (in a hardly accessible location in the absence of proper
means of communication or when there is no possibility to involve individuals as
attesting witnesses in force of other objective reasons), the search of transport
vehicles, small size vessels, i.e. inspection carried out without violation of a
structural integrity may be conducted without participation of attesting persons, but
with application of technical means for recording its course and results.
3. The grounds for performance of search of transport vehicles, small size vessels
are:
1) existence of sufficient grounds to assume that there are tools for commission
or subjects of administrative infraction in a transport vehicle, small size vessel;
2) operation of transport vehicle by a driver being in a state of alcohol, drug,
substance abuse intoxication, if the driver maintain disobedience to legal requirements
of the authorized civil servants;
3) conduct of measures on detention of sought transport vehicles, small size
vessels by the authorized civil servants;
4) if there are reasonable grounds to assume that the cargo transferred in a
transport vehicle, small size vessel does not conform to represented documents;
5) necessity of reconciliation of the junctions and aggregates of a transport
vehicle, small size vessel with data according to represented documents;
6) detection of disorders of a transport vehicles, small size vessels in existence
of which the operation is prohibited;
7) detention of a transport vehicle, prohibition of its operation.
4. The search of transport vehicles, small size vessels shall be carried out in
the presence of a person possessing them, or his (her) representative or a person
operating transport vehicle, small size vessel on a legal ground. In exigent cases, they
may be subjected to search in the absence of mentioned persons.
5. In necessary cases, for the purpose of recording of the subjects detected
during search of transport vehicles and small size vessels, their photo survey, cine
filming shall be performed.
6. Upon search of transport vehicles, small size vessels, the protocol shall be
drawn up. Copy of this protocol shall be delivered to a person possessing the transport
vehicles, small size vessels subjected to search, or to his (her) representative or
person operating transport vehicle on a legal basis.
7. The protocol of search of transport vehicles, small size vessels shall contain
date and place of its drawing up, last name and initials of a person that drew up the
protocol, details on personality of the owner of a transport vehicle, small size vessel
subjected to search, details on type, mark, model, state registration number, other
identification characteristics of transport vehicles, small size vessel.
8. Application of photo survey and cine filming, video recording, other methods of
recording documents shall be recorded in a protocol of search. Materials received upon
conduct of search with application of photo survey and cine filming, video recording,
other established methods of recording material evidences shall be enclosed to the
relevant protocol.
9. Protocol of search of transport vehicles, small size vessels shall be signed by
a civil servant that drew it up, by a person in respect of whom the proceeding on case
is conducted, by owner of a transport vehicle, small size vessel subjected to search, or
by his (her) representative. In case of refusal of a person in respect of whom the
proceeding on a case is conducted, owner of a transport vehicle, small size vessel
subjected to search, his (her) representative from signing the protocol, the relevant
record shall be made.
Article 793. Survey
1. The survey, i.e. visual checkup of a transport vehicle, location, subjects,
documents, living persons shall be carried out in order to detect the traces of
administrative infraction, other material infractions, as well as circumstances having
significance for drawing up of protocol on administrative infraction.
2. The survey may be carried out before initiation of a case on administrative
infraction.
Article 794. General rules of carrying out of surveys
1. The survey, as a rule, shall be carried out without undue delay when it is
necessary. In case of necessity, as well as upon request of participants of survey, the
protocol shall be drawn up. The protocol shall contain date and place of its drawing up,
position, last name and initials of a person that drew up the protocol, details on a
person subjected to survey, type, number, other identification characteristics of the
things, including on type, mark, model, calibre, series, number, signs of weapons,
number and type of ammunition, special technical means for conduct of the special
operational investigative measures and encryption-based means of information protection.
The protocol of survey shall be signed by a civil servant that drew it up, by a
person subjected to survey, by owner of things subjected to survey, by attesting
witnesses. In case of refusal of a person subjected to survey, owner of things subjected
to survey from signing the protocol, the relevant record shall be made.
2. The survey of living persons shall be carried out by civil servants listed in
Article 787 of this Code. The survey of living persons shall be carried out by a person
of the same sex with surveyed person and in the presence of two attesting witnesses of
the same sex.
The survey of subjects being in possession of a living person, i.e. checkup
carried out without violation of their structural integrity shall be carried out by the
authorized civil servants listed in Article 787 of this Code, in the presence of a
person that owns or possesses these things with participation of two attesting
witnesses.
In exceptional cases in existence of grounds to suppose that there are weapons or
the other subjects in possession of a living person that may be used for infliction of
harm to life and health of surrounding people, the survey may be carried out without
attesting witnesses with notification of a prosecutor about this within twenty four
hours.
3. The survey of location, subjects, documents, with the exception of those
mentioned in a part two of this Article, shall be carried out with participation of
attesting witnesses. In exceptional cases (in a hardly accessible location in the
absence of proper means of communication or when there is no possibility to involve
individuals as attesting witnesses in force of other objective reasons), the survey may
be conducted without participation of attesting witnesses, but with application of
technical means for recording its course and results.
4. In case of necessity, the survey shall be carried out with participation of an
offender, injured party, witnesses, as well as specialist.
5. The survey of detected traces and other material objects shall be carried out
at the place of administrative infraction. If the survey requires additional time or
survey on the spot of detection is essentially obstructed, the objects may be withdrawn
and transferred to the other place accessible for survey in a packed, sealed and
undamaged form.
6. All that was detected and withdrawn during survey shall be represented to
attesting witnesses, other participants of survey, whereat the relevant note shall be
made in the protocol.
7. Only those objects related to the case shall be subject to withdrawal.
Withdrawn objects shall be packaged, sealed and certified by signatures of the
authorized civil servant and attesting witnesses.
8. The persons participating in survey shall have the right to direct attention of
the authorized civil servant to all that in their opinion may promote to clarify the
circumstances of a case.
9. In necessary cases, the measurements shall be carried out, plans and schemes of
surveyed objects shall be drawn up, as well as photography and imprinting by other
means, whereat the relevant note shall be made in the protocol to which the mentioned
materials shall be attached.
10. Copy of protocol of survey shall be delivered to a person in respect of whom
the proceeding on a case is conducted, or to his (her) representative.
Article 795. Withdrawal of things and documents being in
possession of an individual
1. Withdrawal of documents and things being a tool or subject of infractions
detected at the place of commission of the infraction or during application of the
measures of ensuring the administrative infraction proceeding provided by Article 785 of
this Code, shall be carried out by civil servants authorized to apply the relevant
measures of ensuring the proceeding on case, with participation of two attesting
witnesses.
In exceptional cases (in a hardly accessible location in the absence of proper
means of communication or when there is no possibility to involve individuals as
attesting witnesses in force of other objective reasons), the withdrawal of documents
and things being a tool of infractions detected at the place of commission of the
infraction or upon applying the measures of ensuring the administrative infraction
proceeding provided by Article 785 of this Code may be conducted without participation
of attesting persons, but with application of technical means for recording its course
and results.
2. Upon withdrawal of things and documents, the protocol shall be drawn up, the
copy of which shall be delivered to a person in respect of whom the proceeding on case
is conducted, or to his (her) representative, or the relevant record shall be made in a
protocol on administrative infraction.
3. The protocol on withdrawal of documents and things (protocol on administrative
infraction) shall contain details on a type and requisite elements of documents, type,
number, other identification characteristics of withdrawn things, including on type,
mark, model, calibre, series, number, other identification characteristics of withdrawn
weapon, number and type of ammunition, special technical means for conduct of the
special operational investigative measures and encryption-based means of information
protection.
4. The protocol of survey shall be signed by a civil servant that drew it up, by a
person from whom the relevant documents and things are withdrawn, by attesting
witnesses. In case of refusal of a person from whom the relevant documents and things
are withdrawn from signing the protocol, the relevant record shall be made.
5. Before consideration of a case on administrative infraction, the withdrawn
things and documents shall be kept at the places determined by a civil servant that
carried out withdrawal in the manner determined by the relevant authorized state body.
6. The withdrawn firearms and other weapons, as well as ammunition, special
technical means for conduct of the special operational investigative measures and
encryption-based means of information protection shall be kept in the manner determined
by the Ministry of the Republic of Kazakhstan.
7. After consideration of a case in accordance with the issued decree, the
withdrawn documents and things shall be returned to their owner or shall be confiscated,
or sold, or kept, or destructed in established manner. On the cases on administrative
infractions in the field of road traffic, the withdrawn documents shall be kept before
execution of the decree adopted on the case.
8. Driving license for the right of operation of a transport vehicle shall be
subject to withdrawal only in the case if this Code provides a sanction for
administrative infraction committed by a person in the form of deprivation of the right
of operation of a transport vehicle. In other cases, the driving license for the right
of operation of a transport vehicle after drawing up of protocol on administrative
infraction shall be returned to the owner immediately.
9. Withdrawn driving license or certificate issued instead of a driving license
for the right of operation of a transport vehicle shall be returned to a driver
according to the decree on referral for testing of knowledge of the road traffic rules
in case of passing an exam for testing of knowledge of the road traffic rules by its
owner.
Upon failure to pass the exam for testing of knowledge of the road traffic rules
by a driver, the civil servant that issued the decree shall take measures provided by
the legislation of the Republic of Kazakhstan in the field of road traffic safety within
two months from the date of receipt of the decree on referral for exam.
Instead of withdrawn driving license, the driver shall be issued by a temporary
certificate in the form established by the authorized body.
10. The state plate numbers of transport vehicles shall be subject to withdrawn
only in the presence of two attesting witnesses and (or) owner of a transport vehicle,
by this the authorized civil servant that performed withdrawal of state plate numbers
shall be obliged to explain the ground for performance of withdrawal to the owner of a
transport vehicle. Withdrawal of state plate numbers of transport vehicles for the
purpose of recovery of imposed fine shall be prohibited.
11. Withdrawn order, medal, lapel badge to honorary title of the Republic of
Kazakhstan, Kazakh SSR, USSR and other states shall be subject to return to their legal
owner, and if he (she) is not known, shall be directed to the Executive office of the
President of the Republic of Kazakhstan.
12. Withdrawal of things and documents being in possession of an individual shall
be performed only in exceptional cases for achievement of the purposes provided by a
part one of Article 785 of this Code. Application of this measure for the purpose not
provided by this Code shall entail liability provided by the Law.
Article 796. Suspension from operation of a transport vehicle,
vessel, including small size vessel, and examination of
the state of intoxication 1. The driver, navigator operating a transport vehicle, vessel, including small
size vessel, in respect of whom there are reasonable grounds to suppose that they are in
a state of intoxication, shall be subject to suspension from operation of a transport
vehicle, vessel, including small size vessel and examination of the state of
intoxication.
2. Suspension from operation of a transport vehicle, vessel, including small size
vessel, examination and appointment to medical certification of the state of
intoxication shall be carried out by employees of the internal affairs bodies, military
police respectively – upon commission of infractions by a person operating a transport
vehicle of the national security bodies, Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of Kazakhstan and bodies of
transport control.
3. Referral to examination of a state of intoxication, examination of the state of
intoxication and drawing up of its results shall be carried out in the manner
established by the Government of the Republic of Kazakhstan. In case of disagreement of
a driver, navigator with the results of examination, they shall be directed to the
health care institution for medical certification.
4. Upon substitution from operation of a transport vehicle, vessel, including
small size vessel, the relevant note shall be made in a protocol of administrative
infraction for the purpose of examination of a state of intoxication.
5. The protocol on administrative infraction shall contain date, time, place,
grounds for substitution from operation of a transport vehicle, vessel, including small
size vessel for conduct of examination. Copy of protocol shall be delivered to a person
in respect of whom the proceeding on a case is conducted, or to his (her) legal
representative.
6. Act of examination of a state of intoxication shall be enclosed to the relevant
protocol.
Footnote. Article 796 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 797. Detention, conveying and prohibition of operation
of a transport vehicle, vessel, including small size vessel
1. Upon commission of violations mentioned in Articles:
1) 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 506, 510, 511, 512,
513, 514, 515, 516, 517, 571, 572, 573, 574, 575, 581, 582, 586, 589, 590 (part two,
three and four), 593 (part two, three, four, five, six and seven), 597 (part three,
four), 612 (part one, two, four, five), 613 (part two), 654 (in part of infractions
provided by Articles 590, 591, 592, 593, 594, 595, 596, 596, 598, 599, 600, 601, 602,
603, 606, 607, 609, 610, 611, 612, 613) of this Code, the authorized civil servant
mentioned in a part two of this Article, shall have the right to detain, convey and
prohibit operation of transport vehicles, vessels, including small size vessels by their
conveying to special grounds, parking stands or grounds adjacent to the stationary
transport control post for temporary storage, as well as with the use of other transport
vehicle (tow truck), vessel or small size vessel until elimination of the reasons for
detention;
2) 573, 575, 593 (part two, three, four and five) of this Code, the authorized
body mentioned in a part two of this Article shall have the right to detain, convey and
prohibit operation of transport vehicles belonging to foreign persons or foreign legal
persons by their conveying to special grounds, parking stands or grounds adjacent to the
stationary transport control post for temporary storage, as well as with the use of
other transport vehicle (tow truck) until the execution of a decree on imposition of
administrative sanction;
3) 590 (part one, five, six, seven, eight, nine and ten), 597 (part one and two),
610, 611 of this Code, the authorized civil servant mentioned in a part two of this
Article shall have the right to prohibit operation of transport vehicles by withdrawal
of the state registration plate numbers until elimination of the reasons of prohibition
of operation of a transport vehicle.
Conveying (towing away) of a transport vehicle for its temporary storage on
special grounds, parking stands or grounds adjacent to the stationary transport control
post may be also applied in cases of violation of the rules of stopping or parking by a
driver of transport vehicle in his (her) absence, as well as to transport vehicles left
by the drivers on the road without attendance, when it is impossible to establish their
location.
2. Detention, conveying and prohibition of operation of a transport vehicle,
vessel including small size vessel shall be carried out by the employees of internal
affairs bodies, the Frontier service of the National Security Committee during
protection and defence of the State Border of the Republic of Kazakhstan, military
police upon commission of administrative infraction by a person operating a transport
vehicle of the national security bodies, Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of Kazakhstan, bodies of transport
control within the competence, bodies of forest and hunting industry, especially
protected natural areas, fishery protection (upon breach of the legislation in the field
of forest, fishing, hunting industry, especially protected natural areas).
3. Upon detention, conveying and prohibition of operation of a transport vehicle,
vessel, including small size vessel, the act of due form shall be drawn up and attached
to a protocol on administrative infraction.
Operation of a transport vehicle, small size vessel with defects in existence of
which the operation is prohibited, or reequipped without the relevant permit, or not
registered in established manner, or that did not pass the state or compulsory technical
inspection, and equally without the state registration plate numbers or with hidden,
forged plate numbers or that do not conform to the relevant national standard shall be
prohibited.
4. Storage of detained transport vehicle, vessel, including small size vessel
shall be carried out on special grounds and parking stands created under decision of the
local executive bodies and that are the communal property.
Footnote. Article 797 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272 (shall be enforced from 01.01.2015).
Article 798. Survey of territories, premises, goods,
other property belonging to a legal entity,
as well as of relevant documents 1. The survey of territories, premises, goods, other property belonging to a legal
entity, as well as of relevant documents shall be carried out by civil servants
authorized to draw up the protocols on administrative infractions of legal entities in
accordance with Article 804 of this Code.
2. The survey shall be carried out in presence of a representative of legal entity
with participation of two attesting witnesses.
3. Upon conduct of survey, the protocol shall be drawn up. Copy of protocol shall
be delivered to a representative of legal entity in respect of whom the proceeding on
case is conducted.
4. Protocol of survey of territories, premises, goods, other property belonging to
a legal entity, as well as the relevant documents shall contain date and place of its
drawing up, position, last name and initials of a person that drew up the protocol,
details on the relevant legal entity, as well as on identity of its representatives or
another employee, the details on surveyed territories and premises, types, number, other
identification characteristics of goods and other things, types and requisite elements
of documents.
5. Application of photo survey and cine filming, video recording, other methods of
recording documents shall be recorded in a protocol of survey in the course of its
performance. Materials received in result of photo survey and cine filming, video
recording, other established methods of recording material evidences shall be enclosed
to the relevant protocol.
6. The protocol of survey of territories, premises, goods, other property
belonging to a legal entity, as well as the relevant documents shall be signed by a
civil servant that drew it up, by a representative or employee of legal entity in
exigent cases, as well as by attesting witnesses. In case of refusal of a representative
or another employee of mentioned legal entity from signing the protocol, the relevant
record shall be made.
Article 799. Withdrawal of documents and property
belonging to a legal entity Withdrawal of documents, goods, other property, subjects being a tool or subject
for commission of administrative infraction, belonging to a legal entity detected at the
place of commission of the administrative infraction or during conduct of survey of
territories, premises, transport vehicles, goods, other property belonging to a legal
entity shall be carried out by the civil servants mentioned in Article 804 of this Code,
as well as by the authorized civil servants having the right to draw up the protocols on
administrative infractions under Articles 235, 236, 237, 416 of this Code. Drawing up of
withdrawal of documents, goods, other property belonging to a legal entity, as well as
their storage shall be carried out in the manner established by Article 795 of this
Code.
Article 800. Arrestment of goods, transport vehicles and
other property belonging to a legal entity 1. Arrestment of goods, transport vehicles and other property belonging to a legal
entity that are tools or subjects for commission of administrative infraction represents
inventory of the mentioned goods, transport vehicles and other property with a
declaration to a representative of legal entity, in respect of whom this measure of
ensuring the administrative infraction proceeding is applied, on prohibition to dispose
(and use in necessary cases) of them and shall be applied in case if it is impossible to
withdraw these goods, transport vehicles and other property and (or) their preservation
may be ensured without withdrawal. Arrested goods, transport vehicles and other property
may be transferred for safe storage of other persons assigned by a civil servant that
carried out arrestment.
2. Arrestment on goods, transport vehicles and other property belonging to a legal
entity shall be carried out by the authorized persons mentioned in Article 787, part one
of Article 804 of this Code, in the presence of the owner of goods, transport vehicle
and other property and two attesting witnesses.
In exigent cases, arrestment of goods, transport vehicles and other property may
be carried out in the absence of the owner.
3. In necessary cases, photo survey and cine filming, video recording shall be
applied.
4. Upon arrestment of goods, transport vehicles and other property belonging to a
legal entity, the protocol shall be drawn up. Protocol of arrestment of goods, transport
vehicles and other property belonging to a legal entity, shall contain date and place of
its drawing up, position, last name and initials of a person that drew up the protocol,
details on the legal entity in respect of which this measure of ensuring the
administrative infraction proceeding is applied and on a person who possesses arrested
goods, transport vehicles and other property, their inventory and identification
characteristics, as well as the application of photo survey and cine filming, video
recording shall be recorded. Materials received upon carrying out of arrestment with
application of photo survey and cine filming, video recording shall be enclosed to the
relevant protocol.
5. In necessary cases, the arrested goods, transport vehicles and other property
shall be packaged and (or) sealed.
6. Copy of protocol on arrestment of goods, transport vehicles and other property
belonging to a legal entity shall be delivered to a representative of legal entity in
respect of whom this measure of ensuring the administrative infraction proceeding is
applied.
7. Alienation or concealment of arrested goods, transport vehicles and other
property belonging to a legal entity by the legal entity in respect of whom this measure
of ensuring the administrative infraction proceeding is applied, or by a person carrying
out storage of arrested property, shall entail the liability established by the Laws of
the Republic of Kazakhstan.
Article 801. Procedure for suspension or prohibition of
activity or its separate types 1. Suspension or prohibition of activity or its separate types shall be carried
out by a civil servant authorized to draw up the protocol on administrative infraction
in accordance with Article 804 of this Code, the commission of which may entail the
application of administrative sanction in the form of suspension or prohibition of
activity or its separate types. Suspension or prohibition of activity of its separate
types shall be admitted for a term no more than three days. Within the specified term,
the body (civil servant) shall be obliged to direct materials on administrative
infraction to court.
2. Upon suspension or prohibition of activity or its separate types the act shall
be drawn up containing a ground for application of this measure, date and place of its
drawing up, position, last name and initials of a civil servant that drew up the act,
details on a person in respect of whom the administrative infraction proceeding is
conducted, object of activity subjected to temporary prohibition of activity, time of
actual termination of activity, explanations of a person and other data required for a
proper consideration of the case. By this, the act on suspension or prohibition of
activity or its separate types shall be valid until issuance of judicial decision.
3. The act on suspension or prohibition of activity or its separate types shall be
signed by a civil servant that drew it up, by an individual or representative of legal
entity the activity of which is terminated on a temporary basis. In case if the act is
not signed by any of mentioned persons, the civil servant shall make the relevant
record.
4. Copy of act on suspension or prohibition of activity or its separate types
shall be delivered to a person whose activity if terminated on a temporary basis against
receipt.
5. The civil servant that drew up the act on suspension or prohibition of activity
of its separate types shall carry out stamping, sealing premises, storage places of
goods and other material values, cash registers, as well as the other measures on
execution shall be applied by persons mentioned in the act, event, required for
temporary termination of activity.
Chapter 41. INITIATION OF CASES ON ADMINISTRATIVE
INFRACTIONS
Article 802. Reasons and grounds for initiation of a case
on administrative infraction
1. The reasons for initiation of a case on administrative infraction are:
1) indirect detection of a fact of committing administrative infraction by the
authorized civil servant in consideration of provisions of part three of this Article;
2) materials received from law enforcement bodies, as well as from other state
bodies, bodies of local self-government;
3) notices or applications of individuals and legal entities, as well as notices
in mass media;
4) indications of special automated measuring means, as well as of certified
special monitoring and testing technical means and observation devices, operating in
automated regime and recording commission of administrative infraction in the scope of
automobile transport and road traffic safety by photo survey and video recording of
traffic situation, determination of speed of a transport vehicle, actions of other
participants of road traffic.
2. The ground for initiation of a case on administrative infraction is the
existence of sufficient data pointing to the signs of the administrative infraction in
the absence of circumstances excluding the proceeding on case provided by Article 741 of
this Code.
3. The ground for initiation of a case on administrative infraction is a result of
inspection conducted in the manner established by the law of the Republic of Kazakhstan
“On state control and supervision in the Republic of Kazakhstan according to
subparagraph 1) of paragraph one of this Article.
The force of this Article shall not apply to the cases of detecting the signs of
administrative infraction upon carrying out of control and supervision in the scopes
provided by paragraphs 3, 4 of Article 3 and paragraph 3 of Article 12 of the Law of the
Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”,
as well as in the field of state statistics and upon carrying out of the other forms of
control by tax bodies.
4. The case on administrative infraction shall be considered initiated from the
date of drawing up of the first protocol on applying the measures of ensuring the
administrative infraction proceeding provided by Article 785 of this Code, drawing up of
a protocol on administrative infraction or issuance of the decree by a prosecutor on
initiation of a case on administrative infraction, as well as from the date of declaring
on establishment of the fact of contempt of court by a judge (court) from the side of a
person attending the proceeding in the course of judicial proceeding.
In case if the administrative infraction is recorded by certified special
monitoring and testing technical means and devices operating in automated regime, as
well as upon commission of administrative infractions, the cases on which are considered
by the state revenues bodies, the case on administrative infraction shall be considered
initiated from the date of a proper delivery of notification (notice).
Footnote. Article 802 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 803. Protocol on administrative infraction 1. Protocol on administrative infraction shall be drawn up in a written form by
the authorized civil servant, with the exception of cases provided by Article 807 of
this Code. The electronic form of a protocol on administrative infraction may be used
together with written form.
2. The protocol on administrative infraction shall contain:
1) date and place of its drawing up;
2) position, last name and initials of a person that drew it up;
3) details on a person in respect of whom the case is initiated (for individuals –
last name, first name, patronymic (when available), date of birth, place of residence,
name and requisite elements of a document certifying identity, identification number,
place of work, subscriber’s number of phone, fax, cellular communication and (or)
electronic mail (if they are available); for legal entities – name, location, number and
date of state registration (reregistration) of a legal entity, identification number and
banking details, subscriber’s number of phone, fax, cellular communication and (or)
electronic mail (if they are available);
4) place, time of commission and merits of administrative infraction;
5) Article of the Special part of section 2 of this Code providing administrative
liability for this infraction; last names, first names, patronymics (when available),
addresses of witnesses and injured parties, if available;
6) explanation of an individual or representative of legal entity in respect of
whom the case is initiated; name, number, date of metrological verification, indications
of technical means, if they were used upon clarification and recording of an
administrative infraction;
7) other details require for solution of a case, as well as the documents
confirming the fact of committing administrative infraction shall be enclosed.
3. Upon drawing up of a protocol on administrative infraction, the language of
proceeding shall be determined. The person in respect of whom the case is initiated, as
well as other participants of the proceeding on case shall be explained about their
rights and obligations provided by this Code, whereat the relevant note shall be made in
the protocol.
Upon drawing up of a protocol on administrative infraction, the defence attorney
or legal representative of a minor person in respect of whom the administrative
infraction proceeding is conducted, shall be explained about their right to file a
petition on transfer of the case according to court jurisdiction to the specialized
administrative court, and in the absence of the specialized administrative court in a
territory of the relevant administrative territorial entity – to district (city) court.
4. The protocol on administrative infraction shall be signed by a person that drew
it up, and by a person (representative of the person) in respect of whom the
administrative infraction proceeding is conducted, with the exception of cases provided
by this Article. In existence of injured parties and witnesses, as well as in cases of
participation of attesting witnesses, the protocol shall be signed by these persons.
5. In case of absence or non-appearance of a notified person in a proper manner,
in respect of whom the case is initiated, the protocol on administrative infraction
shall be signed by a person that drew it up, with the note on absence or non-appearance
of the person in respect of whom the case is initiated.
6. In case of refusal from accepting a protocol on the case on administrative
infraction against receipt by a person, in respect of whom the case on administrative
infraction is initiated, the relevant record shall be made in the protocol by the person
that drew it up.
7. The individual or representative of legal entity in respect of which the case
is initiated shall be provided by a possibility to familiarize with a protocol on
administrative infraction. The mentioned persons shall have the right to represent
explanations and remarks on contain of the protocol, as well as to state the grounds of
own refusal from its signing. In case of refusal of these persons from signing the
protocol on administrative infraction, the relevant record shall be made. The fact of
signing the protocol by a person in respect of whom the case is initiated shall bear
evidence of familiarization of this person with the protocol and shall not constitute a
confession of his (her) fault in commission of administrative infraction.
8. Copy of protocol shall be delivered to an individual or representative of legal
entity in respect of which the case is initiated, as well as to an injured party against
receipt immediately after its drawing up, with the exception of cases provided by this
part.
9. The protocol on administrative infraction in cases of its drawing up in the
absence of a person in respect of whom the case is initiated on the grounds provided by
subparagraph 4) of part one of Article 802 of this Code, as well as provided by parts
five and six of this Article within two days after its drawing up shall be directed by
registered mail with notification of the person in respect of whom the case is
initiated. The fact of non-return of the protocol within three days from the date of
receipt by the person in respect of whom the case is initiated shall be recognized as
refusal from its signing, whereat the relevant record shall be made in a copy of
protocol.
Footnote. Article 803 as amended by the Law of the Republic of Kazakhstan dated
20.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 804. Civil servants having the right to draw up
protocols on administrative infractions
1. The following authorized civil servants shall have the right to draw up the
protocols on administrative infractions on the cases on administrative infractions
considered by courts:
1) the internal affairs bodies (Articles 73, 85, 100, 127, 128, 129, 130, 131,
132, 133, 134, 135, 149, 150, 154, 160 (part two), 190 (part two, three and four), 191,
200, 282 (parts three and four), 382 (parts two and three), 383 (parts three and four),
398, 416 (on violation of safety requirements to non-military and service weapons and
ammunition to them, chemical products linked with a turnover of narcotic drugs,
psychotropic substances and precursors, civil pyrotechnical substances and products with
their application), 422, 423 (part two), 427, 433 (part two), 434, 435, 436, 438 (part
three), 440 (parts four and five), 442, 443 (part two), 444 (part one), 445 (parts one
and eleven), 446, 448, 449 (parts two and three), 450, 453, 461, 462, 463, 469 (part
two), 470 (part two), 476, 477, 478, 479, 480, 481, 482, 483, 485 (part two), 488, 489
(parts two, three and four), 495 (part two), 496 (part two), 506, 512 (part two), 513
(part two), 514 (part two), 517 (parts two, four, five, six and seven), 590 (part four),
596 (parts three and five), 603 (parts one and two), 604 (part two), 605 (parts three
and four), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 613
(parts one, two, three, four, five, six, seven, eight, nine, ten and eleven), 615 (part
four), 621 (part three), 654 (in part of infractions provided by Articles 590, 591, 592,
593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609,
610, 611, 612, 613), 662, 663, 665, 669, 674, 675);
2) authorized body in the scope of civil defence (Articles 299 (part two) (with
the exception of security of dams), 312 (part two), 314, 410-1, 416 (on violations of
safety requirements to machines and equipment, chemical products in a part of fire and
explosion hazards), 462);
3) commandant's offices of separate locations (Articles 476, 478);
4) bodies of military police, Armed Forces of the Republic of Kazakhstan on
infractions committed by military servants, persons liable for military service, called
on trainings, and by persons operating transport vehicles of the Armed Forces of the
Republic of Kazakhstan provided by Articles 73, 154, 434, 436, 440 (parts four and
five), 444 (part one), 479, 482, 483, 485 (part two), 488, 506, 590 (part four), 596
(parts three and five), 603 (parts one and two), 606 (part two), 607 (part two), 608,
610, 611 (parts two and three), 613 (parts one, two, three, four, five, six, seven,
eight, nine, ten and eleven),
615 (part four), 621 (part three), 651, 652 in respect of commanding officers
(heads) of military units (institutions) under Article 680 of this Code, with the
exception of persons mentioned in subparagraphs 5) and 6) of this Article;
5) bodies of military police of the National Security Committee of the Republic of
Kazakhstan on infractions committed by persons operating transport vehicles of the
special state bodies provided by Articles 590 (part four), 596 (parts three and five),
603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and
three), 613 (parts one, two, three, four, five, six, seven, eight, nine, ten and
eleven), 615 (part four), 621 (part three), as well as in respect of other persons under
Article 506, 652, commanding officers of military units under Article 680 of this Code;
6) bodies of military police of the National Guard of the Republic of Kazakhstan
on infractions committed by military servants and persons liable for military service
called on trainings provided by Articles 506, 590 (part four), 596 (parts three and
five), 603 (part one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two
and three), 613 (parts one, two, three, four, five, six, seven, eight, nine, ten and
eleven), 615 (part four), 621 (part three), 652, as well as in respect of commanding
officers of military units under Article 680 of this Code;
7) authorized body in the field of use and protection of water fund (Article 299
(part two) (with the exception of industrial safety), 360 (part one), 462, 463);
8) authorized body in the field of veterinary medicine (Article 416 (on violations
of safety requirements to food products subjected to veterinary sanitary control and
supervision);
9) bodies in the field of forest, fishery and hunting industry (Article 160 (part
two), 382 (part three), 383 (part three and four), 385 (part two), 389, 392 (part
three), 395 (part two), 396 (part two), 398, 462, 463);
10) authorized body in the field of environmental protection (Articles 139 (part
two), 326 (parts three and four), 333 (part two), 395 (part two), 396 (part two), 397
(part four), 399 (parts two and three), 416 (on violations of safety requirements to
chemical products), 462);
11) bodies of state control in the field of exploration and use of subsoil
(Articles 416, 462);
12) authorized body in the field of culture (Article 75 (parts one, two, five and
six), 145);
13) authorized body in the field of touristic activity (Articles 187 (parts two,
three, four and five), 462, 465);
14) authorized body in the scope of gambling business (Articles 214, 444 (part
one), 445);
15) bodies on quarantine and plant protection (Article 400 (part two), 416 (on
violations of safety requirements to chemical products), 462);
16) bodies in the field of seed production and regulation of grain market (Article
462);
17) authorized body in the field of production of biofuel (Article 169 (parts two,
seven, thirteen (in part of production of biofuen( �
18) authorized body in the field of turnover of biofuel (Article 169 (parts ten,
eleven, twelve, thirteen (in part of turnover of biofuel), fourteen);
19) authorized body in the field of livestock breeding (Article 407 (parts two and
three), 463);
20) authorized body in the field of rural economy (Article 416 (on violations of
safety requirements to machines and equipment, chemical products);
21) bodies of state architectural-construction control and supervision (Article
312 (part two), 313, 314, 316 (part two), 317 (part four), 319, 462, 463);
22) bodies of sanitary epidemiological supervision (Article 151 (part two), 193
(parts two and three), 282 (parts three and four), 282 (parts three and four), 312 (part
two), 314, 413, 416 (on violations of safety requirements to food products, toys,
chemical products), 425 (part two), 426 (parts two and three), 430 (part two), 462,
476);
23) authorized body in the field of communications and informatization (Article
416 (on violation of safety requirements to communication facilities), 462, 463, 464
(part two), 636 (part two), 637 (part four), 638 (part two);
24) authorized body in the scope of civil aviation (Articles 462, 564 (part five),
569 (parts one, two and four);
25) authorized body in the field of transport and communications (Article 416 (on
violations of safety requirements to machines and equipment, chemical products), 462,
463, 563 (part two);
26) bodies of transport control (Articles 462, 463, 464 (part two), 583 (part
two), 613 (part two), 618, 629 (except for violations in aerial transport vehicle);
27) bodies of the Ministry of Finance of the Republic of Kazakhstan (Article 185
(when these violations are committed by auditors, audit organizations), 214 (when these
violations are committed by auditors, audit organizations), 216, 219, 233 (part three),
235, 236, 237, 245, 246);
28) authorized body on internal control (Article 462);
29) bodies on state control of production and turnover of sub-excise products
(Article 282 (part three, four, six, seven, nine, eleven and thirteen), 281 (parts four,
five and six), 283, 463, 464 (part two);
30) anti-corruption service (Articles 154, 158, 173, 174 (part two), 357, 465,
654, 658, 659, 660, 661, 662, 665, 667, 676, 677, 678, 679, 681);
31) state revenues bodies (Articles 150, 151 (part two), 153, 154, 158, 174 (part
two), 176, 182, 183, 190 (parts three and four), 246 (parts five and six), 281 (parts
three, four, six, seven, nine, eleven and thirteen), 283, 357, 398, 462, 463, 464 (part
two), 467, 489 (parts five, six, seven and eight), 528 (part one), 532, 541, 543 (parts
one and three), 544, 545, 548 (part two), 549, 550, 551 (part two), 552 (part two), 590
(part four), 654, 658, 659, 660, 661, 662, 665, 667, as well as on administrative
infractions committed in automobile checkpoints through the State Border of the Republic
of Kazakhstan provided by Articles 400 (part two) and 425 (part two);
32) authorized body in the field of industrial safety (Article 305 (on violations
in protective zones of gas supply facilities), 306 (parts three, four and five), 307,
308, 312 (part two), 314, 416 (on violations of safety requirements to machines and
equipment, chemical products in a part of fire and explosion hazards), 462);
33) bodies of justice (Articles 158, 214, 462, 467, 668);
34) bodies that are licensers in accordance with the legislation (Article 312
(part two), 313, 314, 316 (part two), 319, 392 (part three), 462, 463, 464 (part two),
465, 467, 621 (part three);
35) authorized body carrying out management in the scopes of natural monopolies
and at regulated markets (Article 171 (parts one and three (on excess of a limit price
of retail trade of oil products), 462);
36) authorized body on entrepreneurial (Articles 175, 462, 465);
37) bodies in the field of technical regulation and ensuring the uniformity of
measurements and their territorial bodies (Articles 193 (part two), 415 (part two), 416,
417 (parts one and six), 419 (part two), 445 (parts three, eight and twelve), 462, 463,
638 (part two);
38) bodies on state energy supervision and control (Articles 462, 463);
39) authorized body in the field of regulation of industrial policy (Article 416
(on violation of safety requirements to machines and equipment, chemical products,
toys);
40) authorized body in the field of regulation of trade activity (Article 185
(when these violations are committed by stock brokers and (or) stock dealers, as well as
employees of goods exchange), 214);
41) authorized state body in the scope of state registration of legal entities,
acts of civil status, regulation of valuation activity (Article 184, 185 (in part of
breach of the legislation of the Republic of Kazakhstan on valuation activity), 462,
463);
42) authorized body in the field of oil and gas (Articles 170, 171 (parts two and
three (on excess of limit prices of wholesale trade of commercial or liquefied petroleum
gas), 356 (part fourteen), 463);
43) bodies on nuclear energy (Articles 413, 414, 416 (on violation of safety
requirements to machines and equipment);
44) Frontier Service of the National Security Committee of the Republic of
Kazakhstan (Article 382 (parts two and three), 383 (parts three and four), 395 (part
two), 396 (part two), 506, 512 (part two), 513 (part two), 514 (part two), 516, 517
(part two, four, six and seven);
45) national security bodies (Article 453 (parts two and three) for commission of
infractions linked with the state secrets), 462, 477);
46) State Security Service of the Republic of Kazakhstan upon conduct of
protection measures (Articles 149, 425 (part two), 436, 477, 482, 485 (part two), 488,
506, 606 (part two);
47) Accounts Committee on control of republican budget execution and review
committees of oblasts, cities of republican significance, the capital (Articles 216,
219, 233 (part three), 235, 236, 237, 247 (part six), 405 (part one), 462);
48) bodies of state labour inspection (Article 86 (part four), 416 (on violations
of safety requirements to chemical products), 462);
49) authorized body in the field of education (Article 409 (part seven), 462,
463);
50) local executive bodies of oblasts, city of republican significance, the
capital, districts, cities of oblast significance (Article 199 (part two), 320 (parts
one, two, three and four), 401 (parts six and seven), 402 (part four), 404 (part nine),
451, 452 (parts three, four, six and subparagraphs 4), 5) and 6) of part nine), 453, 454
(part two), 455 ( part four), 456, 463, 464 (part two), 490);
51) antimonopoly body (Article 159, 160 (part two);
52) bodies on control in the scope of rendering of medical services (Article 80
(part four), 81 (part two), 82 (part two), 409 (part seven), 424 (parts three and five),
462, 463);
53) body in the scope of turnover of medical products, medical accessories and
medical equipment (Article 426 (parts two and three) and 463);
54) authorized body in the field of space activity (Article 310, 311);
55) authorized state body in the scope of religious activity (Article 490 (parts
two, six and eight) (when these violations are committed by civil servants of the
central state bodies);
56) state officers of justice (Articles 663, 666, 669, 673);
57) bailiffs and other employees of courts authorized by a court chairman or
presiding judge in a court session (Articles 653, 654, 655, 656, 657, 658, 659, 660,
661, 662, 663, 664, 666, 667, 673);
58) authorized by akims of oblasts (city of republican significance, the capital)
(Article 656);
59) authorized body in the field of postal communication (Article 214);
60) authorized body on affairs of state service (Article 99);
61) correctional institutions or detention facilities (Article 481);
62) authorized body in the field of information (Article 451 (part two), 452
(subparagraphs 4), 5) and 6) of part nine), 509);
63) bodies of state control in the field of use and protection of lands (Article
462).
2. The authorized employees of the National Bank of the Republic of Kazakhstan
shall also have the right to draw up the protocols on administrative infractions on the
cases on administrative infractions considered by courts (Articles 86 (part four), 185,
211 (part one), 214 (parts one, two, three and four), 245, 251, 252 (part two), 462
(parts one, two, three (when these violations are committed by audit organizations),
four and five), 463, 464 (part two), 467).
3. The authorized civil servants of the bodies shall have the right to draw up the
protocols on the cases on administrative infractions the consideration of which is
related to jurisdiction of the bodies mentioned in Articles 685-735 of this Code.
Besides, the following persons shall have the right to draw up the protocols on
administrative infractions:
1) civil servants of the authorized body in the field of transport and
communications (Article 230 (part two) (when these violations are committed by passenger
carriers), 581 (part two), 582, 583 (part three), 586, 621 (part four), 622 (part one),
623, 625 (for commission of infraction in automobile transport and urban rail
transport);
2) civil servant of the specialized organizations of the authorized bodies in the
field of forest, fishing and hunting industry (Articles 138, 142, 143, 337, 339, 366,
367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 385
(part one), 392 (part two), 394 (parts one and two), 395 (part one), 396 (part one);
3) hunter, director of hunting and fishing industries responsible for the issues
of wildlife conservation (Articles 382, 383 (part one, two, three and four);
4) civil servants of the State Security Service of the Republic of Kazakhstan upon
conduct of protective measures (Articles 297, 504, 614, 675);
5) civil servants of the bodies of military police of the Armed Forces of the
Republic of Kazakhstan in respect of military servants and servants of the Armed Forces
of the Republic of Kazakhstan (Articles 437, 440 (parts one, two and three), 441, 444
(part two), 484, 485 (part one).
Footnote. Article 804 as amended by the Laws of the Republic of Kazakhstan dated
07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 269-V
(shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V (the order of
enforcement see Article 2); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of
ten calendar days after the date of its first official publication); dated 24.04.2015
No. 310-V (shall be enforced upon expiry of twenty one calendar days after the date of
its first official publication); dated 05.05.2015 No. 312-V (shall be enforced upon
expiry of ten calendar days after the date of its first official publication).
Article 805. Initiation of the administrative infraction
proceeding by a prosecutor
1. The prosecutor shall issue a decree on initiation of the cases on
administrative infractions provided by Articles 74, 75, 76, 77, 78, 79, 80, 81, 82, 82-
1, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129,
130, 173, 189, 214, 361, 362, 363, 439, 451, 452, 453, 455, 456, 457, 465, 490, 498,
507, 508, 653, 660, 666, 675, 680 of this Code.
2. The prosecutor shall have the right to issue a decree on initiation of the case
and on other administrative infraction.
3. Decree of a prosecutor on initiation of the administrative infraction
proceeding shall contain details provided by Article 803 of this Code.
Footnote. Article 805 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 19.05.2015 No. 315-V
(shall be enforced upon expiry of ten calendar days after the date of its first official
publication).
Article 806. Terms for drawing up a protocol on
administrative infraction 1. The protocol on administrative infraction shall be drawn up immediately after
detection of the fact of commission of administrative infraction.
2. Upon detection of administrative infraction in the course of inspection
conducted in the manner established by the Law of the Republic of Kazakhstan “On state
control and supervision in the Republic of Kazakhstan”, the protocol on administrative
infraction shall be drawn up immediately after completion of the relevant inspection.
3. In cases of detection of administrative infraction upon carrying out
monopolistic activity, unfair competition, as well as anticompetitive actions of the
state and local executive bodies prohibited by the Law of the Republic of Kazakhstan “On
competition”, the protocol shall be drawn up immediately after adoption of the relevant
decision on results of investigation.
4. In cases of detection of administrative infractions in the field of tax
assessment or use of budget funds in the scope of technical regulation and ensuring the
uniformity of measurements, the protocol shall be drawn up immediately after completion
of the relevant inspection.
5. In case of failure to pay a fine in the manner determined by Article 897 of
this Code, the protocol shall be drawn up within a day upon expiration of the term
established by mentioned Article of this Code.
6. In cases when additional clarification of circumstances of an administrative
infraction, identity of an individual or details on a legal entity and identity of a
representative of legal entity is required, in respect of which the case is initiated,
the protocol on administrative infraction shall be drawn up within three days from the
date of establishment of mentioned circumstances, and on administrative infractions
provided by Articles 210, 217, 218, 220, 222, 227 (parts one and two), 239 (parts three
and four), 243, 244, 251, 252, 464 (part one), 571, 572, 573, 574, 575, 576, 594 (part
one when these violations are the violations of the rules of carriage of passengers and
cargo, parts two, three, four, five, six and seven) and 609 of this Code, as well as
upon transfer of materials on administrative infraction to territorial branches within
ten days from the date of detection of infraction or a person that committed it.
7. In case when carrying out examination is required, the protocol on
administrative infraction shall be drawn up within two days from the date of receipt of
opinion of the examination.
8. In cases when on administrative infractions provided by Articles 324 (part
one), 337 (part one), 344, 347, 394 (part two) of this Code, the establishment of the
extent of damage to environment is required, the protocol on administrative infraction
shall be drawn up within a day from the date of establishment of the extent of damage to
environment.
9. In cases when the requirements mentioned in a part six of this Article may not
be executed by the reason of failure to establish an individual, the protocol on
administrative infraction shall be drawn up on the fact of commission of administrative
infraction within the terms established by this Article.
Article 807. Cases when the protocol on administrative
infraction shall not be drawn up
1. The protocol on administrative infraction shall not be drawn up:
1) in cases of commission of an administrative infraction that entails imposition
of administrative sanction in the form of notification, if the person admitted the fact
of commission of the administrative infraction;
2) if the administrative infraction is recorded by certified special control
monitoring and testing technical means and devices operating in automated regime. The
fine shall be drawn up in the form of prescription on necessity to pay the fine with
attachment of evidences of a special control monitoring and testing technical mean and
device, whereat the possessor (owner) of a transport vehicle shall be notified in a
proper manner;
3) upon commission of administrative infractions the cases on which shall be
considered by the state revenues bodies in case if the person admitted the fact of
commission of an administrative infraction and agreed with imposition of a sanction, as
well as paid a fine in accordance with Article 897 of this Code;
4) upon address of individuals with application on restoration of violated rights,
the cases on administrative infractions provided by Articles 74, 75, 76, 78, 81, 82, 82-
1, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 124, 125, 126, 128, 130 and 132 of this Code shall be considered by
a court without drawing up of a protocol on infraction;
5) if the administrative infraction proceeding is initiated by a decree of a
prosecutor and upon establishment of the fact of contempt of court directly in the
course of consideration by court in cases provided by a part three of Article 684 of
this Code.
2. Recovery in the form of notification shall be drawn up by the authorized civil
servant at the place of commission of administrative infraction, with the exception of
the infraction in the field of finance and trade.
The person that committed administrative infraction shall confirm own agreement
with imposed sanction by signing of the second copy of the decree on issuance of
notification.
Footnote. Article 807 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 19.05.2015 No. 315-V
(shall be enforced upon expiry of ten calendar days after the date of its first official
publication).
Article 808. Direction of a protocol (decree of a prosecutor)
for consideration of a case
The protocol (decree of a prosecutor) on administrative infraction shall be
directed for consideration of a judge, body (civil servant) authorized to consider the
case on administrative infraction within three days from the date of drawing up.
The protocol (decree of a prosecutor) on administrative infraction, the
responsibility for commission of which may entail application of administrative arrest
shall be directed to a judge immediately after its drawing up.
Article 809. Termination of the administrative infraction
proceeding before transfer of a case for consideration In existence of at least one of the circumstances provided by Articles 741 and 742
of this Code, the civil servant the proceeding of which includes a case, shall issue a
decree on termination of the administrative infraction proceeding.
Chapter 42. CURTAILED ADMINISTRATIVE INFRACTION PROCEEDING
Article 810. Grounds for curtailed administrative
infraction proceeding
1. Curtailed administrative infraction proceeding shall be carried out in cases if
the fact of infraction is detected by a civil servant at the place of its commission for
which the administrative sanction in the form of fine is provided according to the item
of part one of Article 44, the individual that committed it is established admitting his
(her) guilt and that is agreed with amount of imposed fine.
2. Curtailed administrative infraction proceeding shall not be applied in the
cases:
1) when the sanction of Article provides the other types of sanction;
2) commission of an infraction by minor persons;
3) commission of an infraction by persons having privileges and immunity;
4) commission of administrative infractions the cases on which are considered by
the state revenues bodies;
5) if the administrative infraction is recorded by certified special monitoring
testing technical means and devices operating in automated regime.
Footnote. Article 810 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 811. Procedure for curtailed administrative
infraction proceeding 1. Upon detection of an administrative infraction and establishment of a person
that committed it, the civil servant shall draw up a protocol on administrative
infraction at the place of its commission and shall clarify the right of paying the fine
to the person in amount of fifty percent of stated sum of the fine within seven days.
The civil servant shall deliver a copy of protocol on administrative infraction
with a standard type receipt.
2. In case of payment of a fine in amount of fifty percent of stated sum of the
fine within seven days, the case shall be regarded as considered in essence.
Reconsideration of a case considered according to the rules of this chapter shall
be carried out in the manner established by chapter 46 of this Code.
3. In case failure to use or improper use of the right provided by a part one of
this Article, the administrative infraction proceeding shall be carried out according to
the standard procedure.
Footnote. Article 811 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 43. CONSIDERATION OF CASES ON ADMINISTRATIVE
INFRACTIONS
Article 812. Place of consideration of a case on
administrative infraction 1. The case on administrative infraction shall be considered at the place of its
commission, and in the cases provided by this Code – at location of a civil servant
(authorized state body) the jurisdiction of which includes consideration of the case on
administrative infraction. Upon petition of a person in respect of whom the
administrative infraction proceeding is conducted, the case may be considered at the
place of residence of this person.
2. The cases on administrative infractions provided by Articles 333, 334, 571,
572, 574, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604,
605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621,
622, 623, 624, 625, 626, 627, 628, 629, 630, 631 and 632 of this Code may be considered
also at the place of registration of transport vehicles, vessels including small size
vessels, or at the place of residence of a person in respect of whom the administrative
infraction proceeding is conducted.
3. The cases on administrative infractions provided by Articles 378, 379, 382, 383
and 440 of this Code shall be considered at the place of their commission or at the
place of residence of a person in respect of whom the administrative infraction
proceeding is conducted.
4. The cases on administrative infractions of minor persons, their parents or
persons substituting them shall be considered at the place of residence of a person in
respect of whom the administrative infraction proceeding is conducted.
Article 813. Preparation for consideration of a case on
administrative infraction 1. The judge, body (civil servant) upon preparation for consideration of a case on
administrative infraction shall clarify the following issues:
1) if the consideration of this case is related to their competence;
2) are there the circumstances excluding the possibility of considering this case
by a judge, civil servant;
3) are the protocol on administrative infraction and the other protocols provided
by this Code drawn up in a proper manner, as well as other case materials;
4) are there the circumstances excluding the proceeding on a case, as well as
circumstances that allow not to bring a person to administrative liability;
5) are there petitions, including on cases with participation of a minor person on
consideration of a case in court at the place of residence of the minor person and
challenges;
6) are the persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code
notified on place and time for consideration of a case.
2. Requirements of subparagraphs 1), 3) and 6) of part one of this Article shall
not be applied to the cases on facts of contempt of court considered in accordance with
a part three of Article 684 of this Code.
Footnote. Article 813 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 814. Circumstances excluding a possibility of
considering the cases on administrative infractions
by a judge, civil servant
The judge, civil servant for consideration of whom the case on administrative
infraction is transferred, may not consider this case in cases if this person:
1) is a relative of the person bringing to liability, or of injured party, their
representatives, defence attorney;
2) is interested in solution of a case in person, directly or indirectly.
Article 815. Recusation and challenge of a judge, civil servant
1. In existence of circumstances provided by Article 814 of this Code, the judge,
civil servant shall be obliged to apply on recusation.
2. In existence of circumstances provided by Article 814 of this Code, the person
in respect of whom the proceeding on case is conducted, injured party, legal
representatives of an individual and representatives of legal entity, defence attorney,
prosecutor shall have the right to challenge a judge, civil servant.
3. Applications of recusation, challenge shall be filed to a chairman of the
relevant court, superior civil servant.
4. Applications on recusation, challenge shall be considered by a chairman of
court, superior civil servant within a day from the date of receipt.
5. Following the results of consideration of applications on recusation,
challenge, the ruling on satisfying the applications or on refusal from their
satisfaction shall be issued.
Article 816. Decision of a judge, body (civil servant) adopted
upon preparation to consideration of a case on
administrative infraction 1. The judge, body (civil servant) upon preparation to consideration of a case on
administrative infraction, shall adopt the relevant decision:
1) on appointment of time and place for consideration of a case;
2) on calling of persons, demand of necessary additional case materials, on
assignment of examination in case of necessity;
3) on postponement of consideration of a case;
4) on transfer of a protocol on administrative infraction and other case materials
for consideration according to jurisdiction, if the consideration of this case does not
relate to its competence or the ruling on challenge of a judge, civil servant is issued;
5) on transfer of a case for consideration in essence in accordance with Article
812 of this Code;
6) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
2. Decisions provided by a part one of this Article shall be issued in the form of
ruling.
3. Decision provided by subparagraph 6) of part one of this Article shall be
issued in the form of decree.
4. Upon establishment that there are two and more cases initiated in respect of
one and the same person, the judge, bodies (civil servants) authorized to consider the
cases on administrative infractions shall have the right to consolidate these cases in
one proceeding for joint consideration.
5. Upon preparation to repeated consideration of a case on administrative
infraction due to non-appearance of a person bringing to liability, his (her)
representative, witness without reasonable excuses in cases provided by a part four of
Article 744, part six of Article 746 and part five of Article 754 of this Code, the
judge, body (civil servant) considering the case shall have the right to issue a ruling
on bringing of mentioned persons.
Footnote. Article 816 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 817. Terms for consideration of cases on
administrative infractions 1. The cases on administrative infractions shall be considered within fifteen days
from the date of receipt of a protocol on administrative infraction and other case
materials by a judge, body (civil servant) legally competent to consider a case.
2. In case of receipt of petitions from participants of the proceeding on a case
on administrative infraction or upon necessity of additional clarification of the
circumstances of a case, the term for consideration of the case may be extended by a
judge, body (civil servant) considering the case, but no more than one month. The
reasoned ruling shall be issued on extension of a term.
3. The case on administrative infraction the commission of which entails
administrative arrest, administrative expulsion beyond the Republic of Kazakhstan, shall
be considered on a date of receipt of a protocol on administrative infraction and other
case materials, and in respect of a person subjected to administrative detention – no
later than forty eight hours from the date of its detention.
4. If the person in respect of whom the case on administrative infraction is
initiated, appeals the results of inspection and other circumstances on the basis of
which the civil servant initiated the case on administrative infraction, the term for
consideration of the case shall be extended by a judge, body (civil servant) considering
the case on administrative infraction, until issuance and entering of the relevant court
decision into legal force or expiration of the term for appealing the decision of the
body (civil servant) considering a complaint of the person in respect of whom the case
on administrative infraction is initiated.
Article 818. Procedure for consideration of cases on
administrative infractions
1. Upon beginning of consideration of the cases on administrative infractions, the
judge, body (civil servant) shall:
1) declare who considers a case, which case is subject to consideration, who and
on the basis of which Article of this Code is brought to liability;
2) be satisfied in appearance of an individual or representative of legal entity
bringing to administrative liability, as well as other persons participating in
consideration of a case;
3) establish identity of participants of the proceeding on a case and check the
powers of legal representatives of an individual or representatives of legal entity,
defence attorney;
4) clarify the reasons of non-appearance of participants of the proceeding on a
case and adopt decision on consideration of a case in the absence of mentioned persons
or on postponement of consideration of the case;
5) issue a ruling in necessary cases on bringing of a person the participation of
which is compulsory during consideration of a case, shall appoint an interpreter;
6) explain the rights and obligations to the persons participating in
consideration of a case, including the right to receive a gratuitous legal assistance on
account of the funds of state budget;
7) determine the language of proceeding, shall explain the right to make
statements, to give explanations and testimony, to present petitions, to deliver
complaints, to familiarize with case materials, to speak during its consideration in
native or other language that is known by the person in respect of whom the proceeding
is conducted, to enjoy the services of an interpreter on a free basis;
8) permit the challenges and filed petitions;
9) announce a protocol on administrative infraction, and in case of necessity –
other case materials;
10) hear explanations of a person in respect of whom the proceeding on a case is
conducted, testimony of other persons participating in the proceeding, clarifications of
a specialist and opinion of an expert, shall examine the other evidences, and in case of
participation of a prosecutor in consideration of the case, shall hear his (her)
opinion;
11) issue a ruling on postponement of consideration of a case due to: application
on recusation or challenge of a judge or civil servant considering the case, in case if
his (her) challenge precludes consideration of the case in essence; challenge of a
defence attorney, authorized representative, expert or interpreter, if the mentioned
challenge precludes consideration of the case in essence; necessity of appearance of the
persons participating in consideration of the case, or demand of additional case
materials, as well as in cases provided by a part two of article 51 of this Code. In
case of necessity, the judge or body (civil servant) shall issue a ruling on assignment
of examination;
12) issue a ruling on transfer of a case for consideration in essence in cases
provided by Article 816 of this Code.
2. Upon establishment of the fact of contempt of court from the side of a person
attending the process directly in the course of judicial proceeding, the presiding judge
shall have the right to issue a decree after declaring the fact on imposition of
administrative sanction on a guilty person provided by Article 653 of this Code without
compliance with the requirements of subparagraphs 2), 4), 9) and 12) of part one of this
Article.
The case on the fact of contempt of court from the side of person attending the
process established in the course of judicial proceeding shall be considered by a judge
(court) directly at the same court session with establishment and recording of this fact
in a protocol of a court session.
3. In case of participation of a civil servant that initiated a case on
administrative infraction in consideration of the case, or a chairman of the state body
whose representatives have the right to initiated cases on administrative infractions,
they first shall represent explanations in essence of an infraction and proofs of
guiltiness of a person in its commission.
4. In necessary cases, the other procedural actions provided by this Code shall be
carried out.
Article 819. Circumstances subjected to clarification upon
consideration of a case on administrative infraction
1. Upon consideration of a case on administrative infraction, the judge, body
(civil servant) shall be obliged to clarify if the administrative infraction was
committed, if this person is guilty of its commission, if it is subjected to
administrative liability, are there any circumstances mitigating or aggravating
administrative liability, if the material damage is inflicted, as well as to clarify
other circumstances having significance for a proper solution of a case.
2. Upon establishment of circumstances mitigating liability, the judge, body
(civil servant) shall have the right to reduce a sum of administrative fine imposed on
an individual in respect of whom the case on administrative infraction is initiated, but
no more than thirty percent of total fine amount.
Article 820. Protocol of a court session 1. The protocol shall be kept in a court session of the court of first instance.
If the person in respect of whom the administrative infraction proceeding is conducted,
makes full admission of his (her) guiltiness upon consideration of a case on
administrative infraction, does not apply on necessity to examine evidences, the keeping
of a protocol is not mandatory. By this, upon consideration of a case according to the
rules provided for the court of first instance, the court of superior instances shall
keep the protocol of a court session in cases of necessity of examining additional
materials having significance for a proper solution of the case, received expert
opinions, of interrogation of the persons summoned at session, as well as at own
initiative or upon petition of a person in respect of whom the administrative infraction
proceeding is conducted.
2. The protocol of a court session shall contain:
1) place and date of a session, time of its beginning and completion;
2) details of a person in respect of whom the case is considered: for individuals
– last name, first name, patronymic (when available), date of birth, place of residence,
name and requisite elements of a document certifying identity, identification number,
details on registration at the place of residence, place of work; for legal entities –
name, legal organizational form, location, number and date of the state registration as
a legal entity, identification number and bank details;
3) language of a proceeding on a considered case;
4) event of a considered case on administrative infraction;
5) position, last name, initials of a judge, secretary of a court cession;
6) details on appearance of persons participating in consideration of a case, on
notifying absent persons in established manner;
7) the course of a court session;
8) challenges, petitions and results of their consideration;
9) explanation of the rights and obligations to participants of the administrative
infraction proceeding;
10) content of explanations, questions and answers, speeches of participants of a
court session;
11) considered materials and documents;
12) indication to decrees issued in the course of a court session, court decision
on a case on administrative infraction, explanation of the term and procedure for its
appealing;
13) familiarization with a protocol of a court session and explanation of the term
for filing remarks on it.
3. The protocol shall be drawn up, signed by a judge and secretary of a court
session no later than five days from the date of consideration of the case.
4. The judge shall be obliged to ensure a possibility to familiarize with a
protocol of a court session to a person in respect of whom the administrative infraction
proceeding is conducted, to other participants of the administrative infraction
proceeding.
5. The participants of the administrative infraction proceeding shall have the
right to represent own remarks in respect of fullness and credibility of drawing up the
protocol of a court session within five days after its signing.
6. Remarks on the protocol of a court session shall be considered by a judge
within five days from the date of their filing.
7. The judge shall issue a reasoned decree on acceptance or denying of remarks on
the protocol of a court session. The decree and remarks on the protocol of a court
session shall be attached to the protocol of a court session.
Article 821. Types of decisions based on the results of
consideration of a case on administrative infraction 1. After consideration of a case on administrative infraction, the judge, body
(civil servant) shall issue one of the following decrees:
1) on imposition of administrative sanction;
2) on termination of the proceeding on a case;
3) on transfer of a case for consideration of a judge, body (civil servant)
legally competent to impose a sanction of the same type or amount for this
administrative infraction, as well as on transfer of a case for consideration at the
place of registration of a transport vehicle (vessel, small size vessel) in the cases
provided by Article 812 of this Code.
2. After recognition of a legal evaluation of illegal acts as incorrect in results
of consideration of a case, the judge, body (civil servant) shall have the right to
change classification of an infraction to Article of the Law providing less severe
administrative sanction.
3. Upon referral of a driver of a transport vehicle to pass the exam for testing
of knowledge of the road traffic rules, the decree on referral for testing of knowledge
of the road traffic rules, the copy of which is issued to a person referred to pass the
exam, shall be issued.
4. In case of establishment of signs of administrative infraction in the actions
of a person in respect of whom the case is considered, provided by other Article or part
of Article of the Special part of section 2 of this Code, the court shall have the right
to change a classification of the infraction to Article or part of Article of the Law
providing less severe administrative sanction.
5. Decree on termination of the proceeding on a case shall be issued in the cases
of:
1) existence of circumstances excluding the proceeding on a case provided by
Article 741 of this Code;
2) existence of circumstances that allow not to bring to administrative liability
provided by Article 742 of this Code;
3) transfer of case materials to the relevant bodies for solution of the issue on
bringing of a person to disciplinary liability in accordance with Article 32 of this
Code.
Article 822. Decree on a case on administrative infraction 1. Decree on a case on administrative infraction shall contain:
1) position, last name, initials of a judge, civil servant that issued decree;
2) date and place of consideration of a case;
3) details on a person in respect of whom the case is considered: for individuals
– last name, first name, patronymic (when available), date of birth, place of residence,
name and requisite elements of a document certifying identity, identification number,
details on registration at the place of residence, place of work; for legal entities –
name, legal organizational form, location, number and date of the state registration as
a legal entity, identification number and bank details;
4) language of a proceeding on a considered case;
5) Article of this Code providing liability for administrative infraction;
6) circumstances established upon consideration of a case;
7) decision on a case;
8) procedure and terms for appealing decree;
9) terms of voluntary payment of fine or execution of another type of
administrative sanction.
2. Decree on a case on administrative infraction shall be lawful and reasoned.
If upon solution of an issue on imposition of sanction for administrative
infraction, the judge decides the issue on compensation of property damage by a guilty
person, the decree shall contain the extent of damage subjected to recovery, term and
procedure for its compensation.
Upon delivery of decision on administrative expulsion beyond the Republic of
Kazakhstan, the reasonable term within which a foreign person or stateless person should
leave the territory of the Republic of Kazakhstan shall be stated.
3. In decree on a case on administrative infraction, the issues on withdrawn
things and documents being in possession of an individual, on withdrawn documents and
property belonging to a legal entity shall be resolved, by this:
1) the subjects that are the tools or subjects for commission of an administrative
infraction and belonging to an individual or legal entity brought to administrative
liability, in cases provided by the sanctions of the rules of the Special part of
section 2 of this Code shall be confiscated or transferred to the relevant institutions
or destructed; in other cases shall be returned to whom it may concern;
2) things prohibited to circulation shall be transferred to the relevant
institutions or shall be destructed;
3) things of no value and that may not be used shall be subject to destruction,
and in cases of petitions of interested persons may be issued to them;
4) documents that are material evidences shall remain in a case within entire term
of its storage or shall be transferred to interested persons.
4. Decree on a case on administrative infraction shall be signed by a judge, civil
servant that issued the decree.
Article 823. Announcement of a decree on a case on
administrative infraction and delivery of copy of the decree
1. Decree on a case on administrative infraction shall be announced immediately
upon completion of consideration of the case.
2. Copy of decree shall be delivered and (or) sent within three days from the date
of its announcement to an individual or representative of legal entity in respect of
whom the decree is issued on a case on administrative infraction, as well as to an
injured party, legal representative of individual, authorized body (civil servant) that
initiated the case on administrative infraction.
In case of issuance of a decree on administrative infraction, as well as on
termination of the proceeding on a case, the copy of decree shall be directed to a
prosecutor without delay.
3. On cases on administrative infractions provided by Article 436 and 484 of this
Code, in respect of a person to whom the firearms, as well as ammunition are entrusted
due to performance of employment duties or are transferred in temporary use by an
organization, the copy of decree shall be directed to the relevant organization.
Footnote. Article 823as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 824. Determination on a case on administrative
infraction Determination on a case on administrative infraction shall contain details
provided by a part one of Article 822 of this Code, with the exception of term and
procedure for appeal.
Article 825. Correction of slips, clerical mistakes and
arithmetic errors
1. The judge, body (civil servant) that issued a decree on a case on
administrative infraction, upon application of participants of the proceeding on a case,
officer of justice, body (civil servant) executing the decree on a case on
administrative infraction, or at own initiative, shall have the right to correct slips,
clerical mistakes and arithmetic errors made in a decree without change of content of
the decree.
2. Correction of slips, clerical mistakes and arithmetic errors in a decree
adopted on the basis of results of consideration of complaints, protests against the
decree on a case on administrative infraction shall be carried out in the manner
established by this Article.
3. Consideration of an application on correction of slips, clerical mistakes and
arithmetic errors shall be carried out within three days from the date of receipt of the
application.
4. Correction of a slip, clerical mistake or arithmetic error shall be carried out
in the form of a ruling.
5. Copy of a ruling shall be directed to participants of a proceeding on a case,
officer of justice, body (civil servant) executing decrees, as well as to body (civil
servant) that drew up a protocol on administrative infraction within three days from the
date of its issuance.
Article 826. Private decree and representation
1. Upon detection of cases of violation of legality, as well as establishment of
the reasons and conditions promoting commission of administrative infractions, the judge
shall issue a private decree, as well as the body (civil servant) shall make a
submission to the relevant organization and civil servants on taking of measures on
their elimination.
Submission of a body (civil servant) may be appealed in a specialized district and
equated administrative court within ten days from the date of its receipt. Private
decree of court may be appealed within ten days from the date of its receipt in a
superior court, the decision of which is not subject to appeal, protest.
2. Heads of organizations and other civil servants shall be obliged to consider a
private decree and submission within a month from the date of its receipt and inform a
judge that issued the private decree, or body (civil servant) that issued the submission
on taken measures.
Chapter 44. APPEAL OF ACTIONS (OMISSION) OF A BODY
(CIVIL SERVANT) CARRYING OUT THE ADMINISTRATIVE
INFRACTION PROCEEDING
Article 827. Procedure for filing a complaint
1. The actions (omission) of a body (civil servant) carrying out the
administrative infraction proceeding may be appealed in a superior body (civil servant)
and (or) specialized district and equated administrative court. Preliminary referral to
a superior body (civil servant) is not compulsory condition for filing an application in
court and its acceptance for consideration and solution in essence by the court.
2. Complaints shall be filed to the same body or to the same person that are
authorized by the Law to consider the complaints and take decisions according to them.
The instruction to the civil servant to consider a complaint, the action
(omission) of which is appealed, shall be prohibited.
3. Complaints may be oral and written. Oral complaints shall be entered in a
protocol which shall be signed by an applicant and civil servant that accepted the
complaint. Oral complaints set out by persons at reception of the relevant civil
servants shall be solved on a common basis with the complaints represented in written
form. The complaint may be accompanied by additional materials.
4. The person that does not speak the language in which the proceeding on a case
is conducted, shall be ensured by the right to file a complaint in native language or
language that he (she) can speak.
5. The person that filed a complaint shall have the right to withdraw it. The
person in respect of whom a case is initiated, injured party shall have the right to
withdraw a complaint of own defence attorney, representative, except for legal
representative. The complaint filed in behalf of a person in respect of whom a case is
initiated may be withdrawn only with their written consent. Withdrawal of a complaint
shall not preclude its repeated filing.
6. Filing of a complaint shall not suspend proceeding of appealed action and
execution of appealed decision.
Note. If there are no specialized interdistrict administrative court in a
territory of the relevant administrative territorial entity, the district (city) courts
shall have the right to consider the cases related to their jurisdiction.
Article 828. Term for filing a complaint 1. The person shall have the right to refer to superior body (civil servant) and
(or) to court with a complaint within two months from the date when he (she) became
known on violation of his (her) rights, freedoms and legal interests.
2. Omission of the term for filing of a complaint shall not be the ground for
refusal in acceptance of the complaint. The reasons for omission of the term shall be
clarified upon consideration of a complaint in essence and may be one of the grounds for
refusal in satisfying the complaint.
Article 829. Procedure for consideration of a complaint 1. During consideration of a complaint, the judge or body (civil servant) shall be
obliged to check the arguments set out in it comprehensively, upon necessity to demand
additional materials, receive explanations from the relevant civil servants, individuals
and legal entities in respect of appealed actions.
2. The complaint shall be subject to consideration within ten days from the date
of acceptance. Based on the results of consideration of a complaint, the decree on
satisfying the complaint or on refusal from its satisfaction shall be adopted.
Decree on refusal from satisfaction of a complaint shall be subject to appeal
within ten days from the date of receipt of a copy of the decree of a body (civil
servant in a specialized district and equated administrative court, the decree of a
court – in a superior court the decision of which shall not be subject to appeal,
protest.
3. Copy of decree shall be delivered to an individual or representative of legal
entity without delay, and in case of absence of these persons – shall be delivered to
them within one day from the date of issuance of the decree.
4. The body (civil servant) or judge considering a complaint, shall be obliged to
take measures within the competence without delay to restore violated rights and legal
interests of participants of the administrative infraction proceeding, as well as other
persons.
Chapter 45. REVIEW OF DECREES ON CASES ON ADMINISTRATIVE
INFRACTIONS THAT DID NOT ENTER INTO LEGAL FORCE
UNDER APPEAL PROCEDURE
Article 830. Right to appeal, protest a decree on a case
on administrative infraction 1. Decree on a case on administrative infraction may be appealed by persons
mentioned in Articles 744, 745, 746, 747 and 748 of this Code, as well as may be
protested by a prosecutor.
2. Decree of a judge of specialized district and equated administrative court and
juvenile court on imposition of administrative sanction may be appealed, protested in a
superior court.
3. Decree on a case of the fact of contempt of court issued by a judge (court) in
the procedure of part two of Article 818 of this Code may be appealed, protested in a
court of superior instance. The resolutions of the Supreme Court bench issued at the
court session on a case of the fact of contempt of court shall not be subject to review.
4. Decree on a case on administrative infraction issued by a body (civil servant)
may be appealed, protested in a superior body (civil servant) or in specialized district
and equated administrative court and juvenile court at the location of the body (civil
servant).
5. Preliminary referral of persons mentioned in Articles 744, 745, 746, 747 and
748 of this Code to a superior body (civil servant) is not compulsory condition for
filing a complaint in court and its acceptance by the court for consideration and
solution in essence.
Article 831. Procedure for appeal, protest of decree on a case
on administrative infraction
1. Complaint to a decree on a case on administrative infraction shall be directed
to a judge, body (civil servant) that issued the decree on a case that within three days
from the date of receipt of the complaint, protest shall be obliged to direct them with
all case materials to the relevant court, superior body (civil servant).
2. In case of appeal, protest of a decree on a case of the fact of contempt of
court in accordance with a part three of Article 830 of this Code, the court shall
enclose the decree by an extract from the protocol of court session in a part of
establishment of the fact.
3. The complaint may be filed, and the protest may be entered directly in a court,
superior body (civil servant) that are authorized to consider them.
4. The complaint, protest of a decree of a judge on imposition of sanction in the
form of administrative arrest shall be subject to direction to a superior court on a
date of receipt of the complaint, protest.
5. If consideration of a complaint, protest does not relate to the competence of a
judge to whom a decree on a case on administrative infraction is appealed, protested,
the complaint, protest shall be directed according to jurisdiction.
Article 832. Term for appeal, protest of a decree on a case
on administrative infraction
1. Complaint, protest to a decree on a case on administrative infraction may be
filed within ten days from the date of delivery of a copy of decree, and in case if the
persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code did not
participate in consideration of the case – from the date of its receipt.
2. Complaint, protest to a decree on a case on administrative infraction issued
due to failure to fulfill or improper fulfillment of tax obligation established by the
Tax Code of the Republic of Kazakhstan, or the obligations provided by the legislation
of the Republic of Kazakhstan on pension benefits and on compulsory social insurance,
detected no the basis of the results of tax inspection, may be filed within thirty days
from the date of delivery or receipt of a copy of decree.
3. In case if the decree on a case on administrative infraction is appealed,
protested in a superior body (civil servant), the term provided by a part one of this
Article shall be calculated from the date of receipt by persons mentioned in Articles
744, 745, 746, 747 and 748 of this Code, the copies of decision with regard to complaint
(protest).
4. In case of omission of the term mentioned in a part one of this Article for a
valid reason, this term may be restored upon application of a person in respect of whom
the decree is issued by a court, body (civil servant) legally competent to consider a
complaint.
Article 833. Content of a complaint (protest) 1. The complaint (protest) shall be filed in written form and it shall contain:
1) name of a court, superior body (civil servant) to which the complaint is filed;
2) last name, first name and patronymic (when available) (precise name of a legal
entity), place of permanent residence or location (mail address) of an applicant of
complaint or protest;
3) name of a body or institution or last name and position of a civil servant to
the regulatory act or action of whom the protest is filed;
4) content of appealed or protested regulatory act or action, as well as the
reasons by which the applicant of complaint or protest considers the regulatory act or
actions violating his (her) rights and freedoms;
5) clearly worded petition of an applicant of complaint or protest.
2. The complaint or protest shall be signed by an applicant. The complaint being
filed in behalf of a legal entity shall be signed by his (her) representative or other
authorized person.
3. If the complaint or protest is filed in behalf of another person, the first
name and last name, place of permanent residence or location (mail address) of a person
in behalf of whom the complaint or protest is filed, shall be stated in there. The
complaint shall be accompanied by a document certifying the powers.
4. The complaint or protest shall be filed in two copies accompanied by copy of
appealed or protested legal act issued by a court, body (civil servant), as well as
other documents for substantiation of the arguments raised in the complaint or protest.
5. In case, if delivered complaint or protest do not conform to the requirements
provided by a part one of this Article, they shall be considered as delivered, but shall
be returned with specification of the term for completion. If within the specified term,
the complaint, protest are not represented in court, body (civil servant) after repeated
lodging, they shall be considered unfiled.
Article 834. Suspension of execution of a decree due to filing
of a complaint or lodging a protest 1. Filing of a complaint within established term shall suspend the execution of a
decree on imposition of administrative infraction until consideration of the complaint.
2. The prosecutor shall have the right to suspend the execution of a decree on
imposition of administrative sanction for a period of monitoring of its legality, give
written instructions to authorized civil servants and bodies (except for court) on
proceeding of additional monitoring. Based on the results of monitoring, the prosecutor
shall lodge a protest to the relevant body on repeal or change of the decree or cancel
the suspension of execution of the decree.
3. Lodging of a protest by a prosecutor shall suspend the execution of a decree
until consideration of the protest.
Article 835. Terms of consideration of a complaint, protest to
a decree on a case on administrative infraction 1. The complaint, protest to a decree on a case on administrative infraction shall
be subject to consideration within ten days from the date of their receipt.
2. The complaint, protest to a decree on administrative arrest, if the person
brought to liability serves administrative arrest, shall be subject to consideration
within one day from the date of filing of the complaint or protest.
3. In case of receipt of petitions from participants of the proceeding on a case
on administrative infraction or upon necessity of additional clarification of
circumstances of the case, the term for consideration of a complaint, protest may be
extended by a superior judge, superior body (civil servant) considering the case, but no
more than ten days. The court, body (civil servant) shall be obliged to suspend the term
for consideration of a complaint (protest) upon impossibility of its consideration until
solution of another case considered in a civil, criminal or administrative judicial
proceeding. Upon extension of a term, the reasoned ruling shall be issued.
Article 836. Sole consideration of a complaint, protest to
a decree on a case on administrative infraction by a judge of
superior court, head of superior body or his (her) deputy The complaint, protest to a decree of a judge of specialized district and equated
administrative court and juvenile court, body (civil servant) on a case on
administrative infraction shall be considered at sole discretion of a judge of superior
body, superior civil servant or head (deputy head) of superior body.
The complaint, protest to a decree of court on a case of the fact of contempt of
court issued by a judge (court) in the manner provided by a part two of article 818 of
this Code, shall be considered at sole discretion of a judge of superior court, and in
case of issuance of such decree by a court of appeal or cassation instance – shall be
considered by judicial bench of superior instance.
Article 837. Preparation to consideration of a complaint,
protest to a decree on a case on administrative infraction
Upon preparation to consideration of a complaint, protest to a decree on a case on
administrative infraction, the judge, superior body (civil servant) shall:
1) clarify, are there circumstances excluding the proceeding on a case;
2) permit petitions, demand additional materials, summon persons the participation
of which is recognized necessary for consideration of a complaint, protest; the judge
shall assign examination in case of necessity;
3) if consideration of a complaint, protest does not relate to their competence,
shall direct them with all case materials according to jurisdiction.
Article 838. Consideration of a complaint, protest to a decree
on a case on administrative infraction
1. The judge, superior body (civil servant) after beginning of considering a
complaint, protest to a decree on a case on administrative infraction, shall:
1) announce, who considers a complaint, protest; which complaint, protest is
subject to consideration; who filed the complaint, protest;
2) be ascertain in attendance of an individual or representative of legal entity
in respect of whom the decree on a case is issued, as well as persons summoned for
participation in consideration of a complaint, protest;
3) verify the powers of representatives of an individual or legal entity, defence
attorney and representative;
4) clarify the reasons of non-appearance of participants of the proceeding on a
case and adopt decision on consideration of a complaint, protest in their absence or on
postponement of consideration of the complaint, protest;
5) explain the rights and obligations to the persons participating in
consideration of a complaint, protest;
6) solve challenges and filed petitions;
7) read a complaint, protest to a decree on a case on administrative infraction,
and other case materials in case of necessity.
2. Upon consideration of a complaint, protest to a decree on a case on
administrative infraction, the legality and substantiation of the issued decree shall be
verified according to available and additionally represented materials. The judge,
superior body (civil servant) are not linked with arguments of a complaint, protest and
shall verify the case in a full measure, by this, they shall have the right to establish
new facts and examine new evidences.
3. The judge, superior body (civil servant) shall have the right to postpone
consideration of a complaint, protest due to non-attendance of summoned persons, demand
of additional case materials, assignment of examination and in other cases when it is
necessary for full, comprehensive and objective consideration of the complaint, protest.
4. If the complaint to a decree on a case on administrative infraction is received
by a court and superior body (civil servant) at the same time, the complaint shall be
considered by the court.
Article 893. Solution of a complaint, protest to a decree
on a case on administrative infraction
1. After consideration of a complain, protest to a decree on a case on
administrative infraction, the judge, superior body (civil servant) shall adopt one of
the following decisions:
1) on leaving the decree unchanged, and the complaints, protest – without
satisfaction;
2) on change of the decree;
3) on repeal of the decree and termination of a case in existence of circumstances
provided by Articles 741 and 742 of this Code, as well as in case of lack of evidentiary
support of evidences on the basis of which the decree was issued;
4) on repeal of the decree and issuance of new decree on a case;
5) on repeal of the decree and transfer of the case for consideration according to
jurisdiction, if during consideration of the complaint, protest it is established that
the decree was issued by incompetent judge, body (civil servant).
2. Following the results of consideration of a complaint, protest, the decision
shall be issued in the form of a decree on the complaint, protest to a decree on a case.
The decree shall contain the details mentioned in a part one of Article 822 of this
Code.
3. The decree of a judge of superior court with regard to complaint, protest to a
decree of a judge of specialized district and equated administrative court and juvenile
court, as well as the decree of a judge issued in case provided by subparagraph 5) of
part one of this Article may be protested in the manner provided by chapter 46 of this
Code. The decree of superior body (civil servant) with regard to complaint, protest to a
decree on a case on administrative infraction may be appealed, protested in court in the
manner established by this Code.
Article 840. Grounds for repeal or change of a decree on
a case on administrative infraction The grounds for repeal or change of a decree on a case on administrative
infraction and issuance of the decree are:
1) non-conformance of summaries of a judge, body (civil servant) on actual
circumstances of a case set out in a decree on a case on administrative infraction,
examined evidences during consideration of a complaint, protest;
2) incorrect application of the Law on administrative liability;
3) essential violation of the procedural rules of this Code;
4) non-conformance of administrative sanction imposed by the decree to a nature of
committed infraction, identity of a guilty person or property status of a legal entity.
Article 841. Non-conformance of summaries of a judge, body
(civil servant) on actual circumstances of a case set out in a
decree on a case on administrative infraction, examined
evidences during consideration of a complaint, protest
1. After establishment that the summaries on actual circumstances of a case set
out in a decree on a case on administrative infraction do not conform to the evidences
examined during consideration of a complaint, protest, the judge, superior body (civil
servant) shall repeal this decree in full or in part and shall issue new decree in
accordance with the results of consideration of the complaint, protest.
2. During evaluation of the evidences examined during consideration of a
complaint, protest, the judge, superior body (civil servant) shall have the right to
recognize the facts proved that were not established by a decree on a case on
administrative infraction or were not taken into account by a judge, body (civil
servant) that issued the decree.
Article 842. Incorrect application of the Law on
administrative liability 1. Incorrect application of the Law on administrative liability is:
1) violation of the requirements of section 1 and the Common pat of section 2 of
this Code;
2) application of wrong Article or part of Article of the Special part of section
2 of this Code that were subject to application;
3) imposition of more severe administrative sanction that it is provided by a
sanction of the relevant Article of the Special part of section 2 of this Code.
2. After recognition of a legal evaluation of illegal acts as incorrect in results
of consideration of a complaint, protest, the judge, superior body (civil servant) shall
have the right to change classification of an infraction to Article of the Law providing
less severe administrative sanction.
3. Based on the results of consideration of a complaint, protest, the judge,
superior body (civil servant) shall have the right to apply the Law providing more
severe administrative sanction or impose more severe administrative sanction only in
case when on these grounds the complaint was filed by an injured party or the protest –
by a prosecutor.
Article 843. Substantial violation of procedural rules
of this Code
1. Substantial violations of procedural rules of this Code are the violations of
principles and other general provisions of this Code during proceeding on a case and its
consideration by deprivation or impairment of the rights guaranteed by the Law of the
persons participating in the case, non-compliance with the procedure for the
administrative infraction proceeding or otherwise impeded comprehensive, full and
objective examination of circumstances of a case, influenced or might influence on
issuance of legal and reasonable decree.
2. The decree shall be subject to repeal when one-sidedness or incompleteness of
the proceeding on a case are the result of wrong exclusion of available evidences from
examination or unreasonable refusal in examination of evidences that may have a
significance for a case; failure to examine evidences subjected to compulsory
examination.
3. The decree shall be subject to repeal at least if:
1) in existence of grounds provided by Articles 741 and 742 of this Code, the
proceeding on a case was not terminated;
2) the decree is issued by a judge, body (civil servant) not authorized to
consider the cases on administrative infractions;
3) the case is considered without participation of a defence attorney, when his
(her) participation is compulsory in accordance with the Law, or the right of a person
in respect of whom the proceeding on a case is conducted to have the defence attorney is
violated by other means;
4) the right of a person in respect of whom the proceeding on a case is conducted
to use native language or language that he (she) can speak, and services of an
interpreter is violated;
5) the person in respect of whom the proceeding on a case is conducted is not
provided by the right to five explanations on circumstances of a case;
6) the decree is not signed by any of the persons mentioned in a part four of
Article 822 of this Code.
4. After establishment that upon consideration of a case on administrative
infraction the violation of procedural rules mentioned in subparagraph 1) of part three
of this Article is committed, the judge, superior body (civil servant) shall repeal the
decree and terminate the proceeding on a case.
5. If upon consideration of a case on administrative infraction, any other
substantial violation of procedural rules was committed, the judge, superior body (civil
servant) shall conduct consideration of the case taking into account the measures for
elimination of committed violation, repeal decree respectively of a judge of the
relevant specialized district and equated administrative court and juvenile court,
inferior body (civil servant) and shall issue new decree taking into consideration the
results of considering the case.
Article 844. Non-conformance of administrative sanction
imposed by a decree to the character of committed infraction,
identity of a guilty person or property financial status
of a legal entity
1. After recognition of administrative sanction imposed by a decree as unfair due
to its excessive severity that does not conform to the character of committed
infraction, identity of a guilty person or property status of a legal entity, the judge,
superior body (civil servant) shall mitigate the sanction being governed by general
rules of imposition of the administrative sanction.
2. The judge, superior body (civil servant) may impose more severe sanction on a
guilty person that was determined by the decree on a case on administrative infraction,
but only in the cases when the protest of a prosecutor was delivered or when the
complaint of an injured party was filed.
Article 845. Repeal or change of a decree on termination
of a proceeding on case 1. The decree on termination of a proceeding on case may be repealed by a judge,
superior body (civil servant) with issuance of the decree on imposition of
administrative sanction not otherwise than according to the complaint of an injured
party or according to the protest of a prosecutor to inconsistency of termination of the
proceeding on case.
2. The decree on termination of the proceeding on case may be changed in a part of
the grounds for termination according to the complaint of a person in respect of whom
the proceeding on case is terminated.
Article 846. Announcement of a decree according to complaint,
protest to the decree on a case on administrative infraction
1. The decree with regard to complaint, protest to the decree on a case on
administrative infraction shall be announced immediately after its issuance.
2. Copy of the decree with regard complaint, protest to the decree on a case on
administrative infraction shall be issued or sent to an individual or representative of
legal entity in respect of which the decree on a case was issued, to an injured party in
case of filing of the complaint by him (her), on upon his (her) request, to a prosecutor
that lodged a protest, within the term up to three days after its issuance.
3. The decree with regard to complaint, protest to the decree on a case on
administrative arrest shall be brought to the notice of a body (civil servant) executing
the decree, as well as of a person in respect of whom it is issued – on a date of
issuance of the decree.
Chapter 46. REVIEW OF DECREES ENTERED INTO LEGAL FORCE ON
CASES ON ADMINISTRATIVE INFRACTIONS AND DECREES BASED ON
RESULTS OF CONSIDERATION OF COMPLAINTS, PROTESTS TO THEM
Article 847. Cassational procedure for review of decrees on
cases on administrative infractions entered into legal force
and decrees based on results of consideration of
complaints, protests to them 1. Regarding the protest or complaint of persons mentioned in parts one and two of
Article 849 of this Code, the review of decrees on cases on administrative infractions,
decrees of the court on the complaint, protest to them entered into legal force under
cassational procedure is possible.
2. Cassational complaint or protest to the decrees on cases on administrative
infractions, the decrees with regard to complaint, protest to them may be filed within
six months from the date of announcement of the decree to the side aggravating the
position of a person brought to administrative liability, or a person in respect of whom
the administrative proceeding is terminated. In case of omission of the term by
reasonable excuses, this term may be restored by a court legally competent to consider
the complaint.
3. Cassational complaint, protest to the decrees on cases on administrative
infractions, the decrees of the court with regard to complaint, protest to them shall be
considered by oblast and equated court in composition of no less than three judges
within ten days from the date of their receipt.
4. Cassational complaint, protest to the decrees on cases on administrative
infractions, the decrees of the court with regard to complaint, protest to them shall
conform to the requirements mentioned in Article 833 of this Code.
5. Procedure for preparation for consideration, consideration and adoption of a
decision on cassational complaint, protest to the decrees on cases on administrative
infractions, the decrees of court with regard to complaint, protest to them shall be
carried out in the manner provided by chapter 45 of this Code.
6. Judicial acts of cassational instance shall be issued in the form of decrees
and shall contain the details mentioned in a part one of Article 822 of this Code.
7. The court of cassational instance shall verify legality and substantiation of
decrees on cases on administrative infractions, decrees with regard to complaints,
protests to them.
Article 848. Procedure and arguments for evocation of cases and
consideration of petitions on lodging of a protest to judicial
acts entered into legal force 1. The case on administrative infraction may be evocated from the relevant court
for verification in the manner of supervision by the General Prosecutor of the Republic
of Kazakhstan, his (her) deputies, prosecutors of oblasts and equated prosecutors.
2. The arguments for evocation of cases are the petitions of persons mentioned in
a part two of Article 849 of this Code, and equally the initiative of prosecutors
mentioned in a part one of Article 849 of this Code within the competence.
3. Request of a prosecutor on evocation of a case shall be executed by a court no
later than seven days from the date of its receipt in court.
4. In case of evocation of a case, the petition on lodging of a supervisory
protest shall be subject to consideration by a prosecutor within thirty days from the
date of receipt of the case in a prosecutor’s office.
5. The petition on lodging of a supervisory protest issued to the General
Prosecutor’s office of the Republic of Kazakhstan, shall contain:
1) name of a civil servant to whom the petition is addressed;
2) name of a person lodging the petition; his (her) place of residence or location
and procedural position in a case;
3) indication to courts considering a case in the first, appeal and cassational
instances, and content of decisions adopted by them;
4) indication to the decree of court that is proposed to be protested;
5) indication on what is the substantial violation of the rules of material or
procedural law and that is the request of the person filing the petition.
6. The petition shall be signed by a person filing the petition, or by his (her)
representative. The petition signed by a representative shall be accompanied by power of
attorney or another document certifying the powers of the representative.
7. The petition shall be accompanied by copies of the decree issued on a case
attested by a court.
8. The petition shall be subject to return to persons that filed them in case of
its non-conformance to requirements of parts five, six and seven of this Article.
Footnote. Article 848 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 849. Lodging of a protest, filing of complaint to
decrees on cases on administrative infractions and decrees on
results of consideration of the complaint, protest to them 1. The right of lodging of a protest to decrees that entered into legal force and
decrees mentioned in Article 847 of this Code, shall belong to the General Prosecutor,
his (her) deputies, prosecutors of oblasts and equated prosecutors.
2. The person brought to administrative liability, the injured party, defence
attorneys, legal representatives and representatives of mentioned persons shall have the
right to file a complaint on review of the decrees entered into legal force mentioned in
Article 847 of this Code.
Article 850. Suspension of execution of a decree on imposition
of administrative sanction Lodging of a protest to decrees entered into legal force mentioned in Article 849
of this Code shall suspend the execution of these decrees.
Article 851. Exceptional (supervisory) procedure for review of
decrees entered into legal force on cases on administrative
infractions and decrees based on results of consideration of
complaints, protests to them
1. Supervisory judicial board on civil and administrative cases of the Supreme
Court of the Republic of Kazakhstan in case of compliance with cassational procedure of
appealing on a protest of the General Prosecutor of the Republic of Kazakhstan and his
(her) deputies shall have the right to verify legality and substantiation of the decree
that entered into legal force on any case on administrative infraction, and equally
decrees based on results of consideration of a complaint, protest to the decree and
review adopted decision within thirty days from the date of receipt of the protest. The
decrees of the board of the Supreme Court shall enter into legal force from the date of
their adoption.
2. Review by a court to the side aggravating position of a person brought to
administrative liability, or a person in respect of whom the administrative proceeding
is terminated, shall be admitted within a year from the date of entering of decree of
court or authorized state body into legal force.
3. The protest to decrees on cases on administrative infractions, the decree of
court with regard to complaint, protest to them shall conform to requirements mentioned
in Article 833 of this Code.
Chapter 47. REVIEW OF DECREES ON CASES ON ADMINISTRATIVE
INFRACTIONS THAT ENTERED INTO LEGAL FORCE AND DECREES
BASED ON RESULTS OF CONSIDERATION OF COMPLAINTS, PROTESTS
TO THEM ON NEWLY DISCOVERED CIRCUMSTANCES
Article 852. Grounds of review
1. The decrees on cases on administrative infractions and the decrees based on
results of consideration of complaints, protests may be reviewed on newly discovered
circumstances.
2. The grounds for review of decrees on newly discovered circumstances are:
1) circumstances essential for a case that were not and might not be known by an
offender, injured party;
2) knowingly false evidences of a witness, knowingly false opinion of an expert,
knowingly incorrect interpretation, forgery of a protocol on administrative infraction,
of documents or material evidences that entailed issuance of illegal or unreasonable
decree, established by the court verdict that entered into legal force;
3) criminal actions of participants of a proceeding on cases on administrative
infractions, of other persons participating in a case, or their representatives or
criminal actions of judges, authorized bodies (civil servant) committed during
consideration of this case, established by the court verdict that entered into legal
force;
4) revocation of a decision, verdict, ruling or decree of court or legal act of
another state body (civil servant) that served as the ground for issuance of this
decree;
5) recognition of the Law or another regulatory legal act as unconstitutional by
the Constitutional Council of the Republic of Kazakhstan that was applied in this case
on administrative infraction.
Article 853. Courts, authorized bodies (civil servants)
reviewing decrees on cases on administrative infractions and
decrees based on results of consideration of complaints,
protests to them on newly discovered circumstances The decree that entered into legal force shall be reviewed on newly discovered
circumstances by a court, authorized body (civil servant) that issued this decision.
In case of review of the decree of a body (civil servant) by a court and leaving
it unchanged, the review on newly discovered circumstances shall be carried out by the
court that issued this decision.
Article 854. Filing of application
1. The application on review of a decree on newly discovered circumstances shall
be filed by a person brought to administrative liability, by an injured party or their
legal representatives, or a prosecutor in court, body (civil servant) that issued the
decree.
2. The persons mentioned in a part one of this Article may file an application on
review of decree on newly discovered circumstances within three months from the date of
establishment of circumstances serving as the ground for review.
Article 855. Forma and content of application
1. The application on review of decree on newly discovered circumstances shall be
filed in written form. The application shall be signed by a person filing the
application, or by his (her) authorized representative.
2. The application on review on newly discovered circumstances shall contain:
1) name of a court, body (civil servant) to which the application is filed;
2) details on a person filing the application (for individuals – last name, first
name, patronymic (when available), subscriber’s number of phone, fax, cellular
communications and (or) electronic mail (if available); for legal entities – name,
location, number and date of state registration (reregistration) of a legal entity,
subscriber’s number of phone, fax, cellular communications and (or) electronic mail (if
available);
3) name of a court, body (civil servant) that adopted the act on review of which
the applicant files petition on newly discovered circumstances; date of adoption of this
act;
4) requirement of a person filing the application; newly discovered circumstance
provided by Article 852 of this Code and that in opinion of an applicant is the ground
for raising a question on review of decree on newly discovered circumstances with a
reference to the documents certifying opening or establishment of this circumstance;
5) list of attached documents.
3. The application shall be accompanied by:
1) copies of documents certifying newly discovered circumstances;
2) copy of a decree on review of which the applicant files petitions;
3) a document certifying direction of absent copies of an application and
documents to the other persons participating in a case;
4) credibility or another document certifying the powers of a person for signing
an application.
Article 856. Admission of an application for initiation of
proceeding of a court, body (civil servant)
1. The application on review of a decree on newly discovered circumstances filed
in compliance with requirements submitted for its form and content shall be admitted for
initiation of a proceeding of the relevant court, body (civil servant).
2. Issue on admission of an application for initiation of proceeding shall be
solved within three days from the date of its receipt.
3. Upon admission of an application for proceeding, the ruling containing date and
place of holding of meeting on consideration of the application, shall be issued.
4. Copies of a ruling shall be directed to persons participating in a case.
Article 857. Return of an application on review of a decree
on newly discovered circumstances
1. The judge of the relevant court, civil servant of authorized body shall return
an application to an applicant filed by him (her) on review of a decree on newly
discovered circumstances, if during solving the issue on its admission for initiation of
proceeding it is established that:
1) the application is filed with violation of rules established by Article 855 of
this Code;
2) the application is filed after expiration of established term and there is no
petition on its restoration or restoration of omitted term for filing of application was
refused;
3) the requirements submitted to form and content of the application were not
complied.
2. Upon return of an application, the ruling shall be issued.
Copy of the ruling shall be directed to an applicant together with an application
and enclosed documents no later than the next day after the date of its issuance.
3. The ruling on return of application may be appealed, protested.
Article 858. Calculation of term for filing of application
The term for filing of application shall be calculated:
1) in cases provided by subparagraph 1) of part two of Article 852 of this Code –
from the date of discovery of circumstances having substantial significance for a case;
2) in cases provided by subparagraphs 2) and 3) of part two of Article 852 of this
Code – from the date of entering of a court verdict into legal force;
3) cases provided by subparagraph 4) of part two of Article 852 of this Code –
from the date of entering of a verdict, decision, ruling, decree of court or legal act
of the s\other state body (civil servant) into legal force, on which the reviewed decree
was based;
4) in cases provided by subparagraph 5) of part two of Article 852 of this Code –
from the date of adoption of a decree of the Constitutional Council of the Republic of
Kazakhstan on recognition of the Law or the other regulatory legal act unconstitutional
that was applied in this case on administrative infraction.
Article 859. Consideration of an application
The application on review of a decree on newly discovered circumstances shall be
considered at session by a court, body (civil servant).
The applicant and persons participating in a case shall benotified on time and
place of session, however their non-appearance is not an obstacle for consideration of
the application.
Article 860. Decree of court, authorized body (civil servant)
on review of a case
1. After consideration of an application on review of a decree on newly discovered
circumstances, the court, body (civil servant) shall certify the application and repeal
the decree, or refuse in review.
2. Decisions of courts, bodies (civil servant) on repeal of a decree on newly
discovered circumstances and on refusal in satisfaction of an application on review of
the decree on newly discovered circumstances may be appealed and protested in
established manner.
3. In case of repeal of a decree, the case shall be considered by a court, body
(civil servant) according to the rules established by this Code.
Chapter 48. REHABILITATION, COMPENSATIO FOR DAMAGE
INFLICTED BY ILLEGAL ACTIONS OF A BODY (CIVIL SERVANT)
AUTHORIZED TO CONSIDER CASES ON ADMINISTRATIVE INFRACTIONS
Article 861. Rehabilitation by recognition of faultlessness of
a person brought to administrative liability
1. The person in respect of whom the decree of court, body (civil servant)
authorized to consider cases on administrative infractions, on termination of a case on
the grounds provided by subparagraphs 1) – 7) and 11) of part one of Article 741 of this
Code is issued, shall be considered faultless and may not be subjected to any
restrictions in rights and freedoms guaranteed by the Constitution and Laws of the
Republic of Kazakhstan.
2. The judge, body (civil servant) authorized to consider cases on administrative
infractions shall be obliged to take all the measures provided by the Law on recognition
of a person mentioned in a part one of this Article as faultless and on restoration of
personal non-property and property rights violated in a result of illegal actions of a
judge, body (civil servant) authorized to consider cases on administrative infractions.
Article 862. Persons having the right to compensation of
damage inflicted in a result of illegal actions of a court,
body (civil servant) authorized to consider cases
on administrative infractions
1. Damage inflicted to a person in a result of illegal application of the measures
of ensuring the proceeding on case shall be compensated from republican budget in a full
measure independently from guilt of a judge, body (civil servant) authorized to consider
cases on administrative infractions.
2. The following persons shall have the right to compensation of damage inflicted
in a result of illegal actions, body (civil servant) authorized to consider cases on
administrative infractions:
1) persons mentioned in a part one of Article 745 of this Code;
2) persons in respect of whom the proceeding on case should not be initiated, and
the initiated proceeding was subject to termination on the grounds provided by
subparagraphs 1) – 7) and 11) of part one of Article 741 of this Code, if the proceeding
on case was initiated in spite of existence of the circumstances excluding the
administrative infraction proceeding, or was not terminated from the date of their
detection.
3. In case of death of an individual, the right of compensation of damage in
established manner shall be transferred to his (her) legal successors.
4. Damage shall not be subject to compensation to a person if it is proved that
during the proceeding on case by voluntary self-accusation, he (she) barred
establishment of truth and so promoted occurrence of the consequences mentioned in a
part one of this Article.
5. In the absence of circumstances mentioned in subparagraph 2 (of part two of
this Article, the rules of this Article shall not apply to the cases when the
administrative sanctions imposed on a person and other measures of legal administrative
effect are cancelled or changed due to expiration of the terms of limitation, adoption
of the Law eliminating administrative liability or mitigating administrative sanction.
Article 863. Damage subjected to compensation
The persons mentioned in Article 862 of this Code shall have the right to
compensation of property damage in a full measure, elimination of consequences of moral
damage and restoration in all lost or impaired rights.
Article 864. Recognition of the right to compensation of damage After adoption of a decision on full or partial rehabilitation of a person, the
judge or body (civil servant) authorized to consider cases on administrative infractions
shall be obliged to recognize his (her) right to compensation of damage. Copy of decree
on termination of a case, on repeal or change of other illegal decisions shall be
delivered or sent to an interested person by mail. At the same time, the notification
with explanation of the procedure for compensation of damage shall be directed to him
(her). In the absence of details on place of residence of successors, relatives or
dependents of deceased person having the right to compensation of damage, the
notification shall be directed to them no later than five days from the date of their
apply to the body (civil servant) authorized to consider cases on administrative
infractions.
Article 865. Compensation of property damage
1. Property damage inflicted to persons mentioned in Article 862 of this Code
shall include the compensation of:
1) salary, pension, benefits, other funds and incomes that they are deprived;
2) property illegally confiscated on the basis of court decree. Upon impossibility
to return the property, its cost shall be returned;
3) fines recovered in execution of illegal decree of a body (civil servant)
authorized to solve a case; procedural expenditures and other sums paid by a person due
to illegal actions;
4) sums paid by a person for rendering of legal assistance;
5) other expenses incurred in a result of illegal bringing to administrative
liability.
2. The sums paid for maintenance of persons mentioned in a part one of Article 603
of this Code at the places of execution of administrative arrest, the procedural
expenditures linked with a proceeding on case, and equally earnings for performing any
works by these persons during execution of the administrative arrest may not be deducted
from the sums subjected to payment as a recompense of damage inflicted in a result of
illegal actions of a body (civil servant) authorized to consider cases on administrative
infractions.
3. Upon receipt of a copy of documents mentioned in Article 823 of this Code with
notification on procedure for compensation of damage, the persons mentioned in parts two
and three of Article 862 of this Code shall have the right to refer to the body (civil
servant) that issued the decree on termination of a case, revocation or change of other
illegal decisions with a demand for compensation of property damage. If the case is
terminated by a superior body (civil servant) or a court, the demand for compensation of
damage shall be directed to a body (civil servant) that issued illegal decree. If the
case being considered by a judge is terminated by a superior court, the demand for
compensation of damage shall be directed to the judge that issued illegal decree. In
case of rehabilitation of a minor person, the demand for compensation of damage may be
applied by his (her) legal representative.
4. No later than one month from the date of receipt of the application, the body
(civil servant) mentioned in a part two of this Article shall determine the extent of
damage after requesting estimation in necessary cases from financial bodies and bodies
of social protection after what shall issue a decree on making payments as a recompense
of this damage adjusted for inflation. If the case is terminated by a court, the
mentioned actions shall be made by a judge that considered the case.
5. Copy of a decree certified by the common seal shall be delivered or sent to a
person for representation in bodies that are obliged to make payment. Procedure for
paying shall be determined by the legislation.
Article 866. Elimination of consequences of moral damage 1. The body (civil servant) that adopted decision on rehabilitation of a person,
shall be obliged to submit apologies to him (her) in written form for inflicted damage.
2. Claims for compensation for inflicted moral damage in pecuniary terms shall be
made in the manner of civil legal proceeding.
3. If the person was illegally brought to administrative liability, and details on
this were published in the press, distributed via radio, television or other means of
mass media, upon request of this person, and in case of his (her) death – upon request
of his (her) relatives or a prosecutor, the relevant mass media shall be obliged to make
necessary statement on this within one month.
4. Upon request of the persons mentioned in Article 862 of this Code, the body
(civil servant) authorized to consider cases on administrative infractions shall be
obliged to direct written statement on revocation of own illegal decisions at the place
of their work, education, residence within ten days.
Article 867. Terms for submission of requirements 1. Requirements on making monetary payments as a recompense of property damage may
be submitted within one year from the date of receipt of a decree on making such
payments by persons mentioned in Article 862.
2. Requirements on restoration of such rights may be submitted within six months
from the date of receipt of a notification explaining the procedure for restoration of
the rights.
3. In case of omission of these terms by reasonable excuse, they shall be subject
to restoration upon application of interested persons by a body (civil servant)
authorized to consider cases on administrative infractions.
Article 868. Compensation of damage to legal entities
The damage inflicted to legal entities by illegal actions of a body (civil
servant) authorized to consider cases on administrative infractions shall be subject to
restoration by the state in a full measure and terms established by this chapter.
Article 869. Restoration of rights in court actions
If the requirement on rehabilitation or compensation of damage is not satisfied or
the person is not agreed with adopted decision, he (she) shall have the right to refer
in court in the manner of civil legal proceeding.
Chapter 49. SPECIAL ASPECTS OF A PROCEEDING ON CASES
OF PERSONS HAVING PRIVILEGES AND IMMUNITY
FROM ADMINISTRATIVE LIABILITY
Article 870. Conditions and procedure for the administrative
infraction proceeding in respect of a deputy of the Parliament
of the Republic of Kazakhstan
1. The deputy of the Parliament of the Republic of Kazakhstan may not be subject
to bringing, measures of administrative sanction imposed in a judicial proceeding within
the term of own powers without the consent of the relevant Chamber of the Parliament of
the Republic of Kazakhstan.
2. For obtainment of the consent to bringing of a deputy to administrative
liability entailing imposition of the administrative sanction in a judicial proceeding,
bringing, the General Prosecutor of the Republic of Kazakhstan shall submit proposal to
the relevant Chamber of the Parliament of the Republic of Kazakhstan the deputy of which
is the person that committed administrative infraction. The proposal shall be submitted
before direction of a case on administrative infraction in court, as well as before
solution of the issue on necessity of compulsory conveying of a deputy in court, body
(civil servant) authorized to consider cases on administrative infractions.
3. Decision of the relevant Chamber of the Parliament of the Republic of
Kazakhstan for proposal submitted by the General Prosecutor of the Republic of
Kazakhstan shall be issued in terms established by the Constitutional Law of the
Republic of Kazakhstan “On Parliament of the Republic of Kazakhstan and status of its
deputies”.
4. If the relevant Chamber of the Parliament of the Republic of Kazakhstan gives a
consent to bringing of a deputy to administrative liability entailing imposition of
administrative sanction in a judicial proceeding, the further proceeding on case shall
be conducted in the manner established by this Code considering the special aspects
provided by this Article.
5. If the relevant Chamber of the Parliament of the Republic of Kazakhstan gives a
consent to bringing, the question of application of this measure of ensuring the
administrative infraction proceeding shall be solved in the manner established by this
Code.
6. In case if the relevant Chamber of the Parliament of the Republic of Kazakhstan
did not give a consent to bringing of a deputy to administrative liability entailing
imposition of administrative sanction in a judicial proceeding, the proceeding on case
shall be subject to termination on this ground.
7. In case if the relevant Chamber of the Parliament of the Republic of Kazakhstan
did not give a consent to bringing, the other measures of ensuring the administrative
infraction proceeding shall be applied to a deputy in the manner established by this
Code.
8. Supervision of legality of considering a case on administrative infraction in a
judicial proceeding in respect of a deputy of the Parliament of the Republic of
Kazakhstan shall be carried out by the General Prosecutor of the Republic of Kazakhstan.
Article 871. Conditions and procedure for the administrative
infraction proceeding in respect of a candidate for President
of the Republic of Kazakhstan, candidate for deputy of the
Parliament of the Republic of Kazakhstan
1. Candidates for President of the Republic of Kazakhstan, for deputies of the
Parliament of the Republic of Kazakhstan from the date of their registration and until
publication of election returns, as well as until their registration as the President,
deputy of the Parliament may not be subject to bringing, measures of administrative
sanction imposed in a judicial proceeding without the consent of the Central Elective
Commission of the Republic of Kazakhstan.
2. Proposal on bringing of a candidate for President of the Republic of
Kazakhstan, for deputies of the Parliament of the Republic of Kazakhstan to
administrative liability shall be submitted to the Central Elective Commission by the
General Prosecutor of the Republic of Kazakhstan before direction of a case on
administrative infraction in court.
3. Substantiated decision of the Central Elective Commission of the Republic of
Kazakhstan to proposal submitted by the General Prosecutor of the Republic of Kazakhstan
shall be issued within ten days from the date of its receipt.
4. After receipt of the decision of the Central Elective Commission by the General
Prosecutor of the Republic of Kazakhstan, the further proceeding on case shall be
conducted in the manner established by Article 813 of this Code.
Article 872. Conditions and procedure for the administrative
infraction proceeding in respect of the Chairman or member of
the Constitutional Council of the Republic of Kazakhstan 1. The Chairman or members of the Constitutional Council of the Republic of
Kazakhstan may not be subjected to bringing, measures of administrative sanction imposed
in a judicial proceeding within the entire term of own powers without the consent of the
Parliament of the Republic of Kazakhstan.
2. For obtainment of the consent to bringing of the Chairman or members of the
Constitutional Council of the Republic of Kazakhstan to administrative liability
entailing imposition of administrative sanction in a judicial proceeding, bringing, the
General Prosecutor of the Republic of Kazakhstan shall submit a proposal to the
Parliament of the Republic of Kazakhstan. The proposal shall be submitted before
direction of a case on administrative infraction in court, before solution of the issue
on necessity of compulsory conveying of the Chairman or member of the Constitutional
Council of the Republic of Kazakhstan in court, body (civil servant) authorized to
consider cases on administrative infractions.
3. After receipt of the decision of the Parliament of the Republic of Kazakhstan
by the General Prosecutor of the Republic of Kazakhstan, the further proceeding on case
shall be conducted in the manner established by Article 813 of this Code.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
Footnote. Article 872 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 873. Conditions and procedure for the administrative
infraction proceeding in respect of a judge
1. The judge may not be arrested, subjected to bringing, measures of
administrative sanction imposed in a judicial proceeding without the consent of the
President of the Republic of Kazakhstan based on conclusion of the Supreme Judicial
Council of the Republic, or in case established by subparagraph 3) of Article 55 of the
Constitution of the Republic of Kazakhstan without the consent of the Senate of the
Parliament of the Republic of Kazakhstan.
2. For obtainment of the consent for bringing of a judge to administrative
liability entailing imposition of administrative sanction in a judicial proceeding,
bringing, the General Prosecutor of the Republic of Kazakhstan shall submit a proposal
to the President of the Republic of Kazakhstan, and in case provided by subparagraph 3)
of Article 55 of the Constitution – to the Senate of the Parliament of the Republic of
Kazakhstan. The proposal shall be submitted before direction of a case on administrative
infraction in court, before solution of the issue on necessity of compulsory conveying
of a judge in court, body (civil servant) authorized to consider cases on administrative
infractions.
3. After receipt of the decision of the President of the Republic of Kazakhstan,
the Senate of the Parliament of the Republic of Kazakhstan by the General Prosecutor of
the Republic of Kazakhstan, the further proceeding on case shall be conducted in the
manner established by Article 813 of this Code.
4. The case on administrative infraction settled by proceeding in respect of a
judge shall be transferred by a body (civil servant) carrying out this proceeding in the
manner established by this Code in court through the General Prosecutor of the Republic
of Kazakhstan.
Article 874. Conditions and procedure for the administrative
infraction proceeding in respect of the General Prosecutor of
the Republic of Kazakhstan
1. The General Prosecutor of the Republic of Kazakhstan may not be subjected to
bringing, measures of administrative sanction imposed in a judicial proceeding within
the entire term of own powers without the consent of the Senate of the Parliament of the
Republic of Kazakhstan.
2. For obtainment of the consent for bringing of the General Prosecutor of the
Republic of Kazakhstan to administrative liability entailing imposition of
administrative sanction in a judicial proceeding, bringing, the first deputy of the
General Prosecutor of the Republic of Kazakhstan shall submit a proposal to the Senate
of the Parliament of the Republic of Kazakhstan. The proposal shall be submitted before
direction of a case on administrative infraction in court, before solution of the issue
on necessity of compulsory conveying of the General Prosecutor in court, body (civil
servant) authorized to consider cases on administrative infractions.
3. After receipt of the decision of the Senate of the Republic of Kazakhstan by
the first deputy of the General Prosecutor of the Republic of Kazakhstan, the further
proceeding on case shall be conducted in the manner established by Article 819 of this
Code.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
5. Supervision of legality of considering a case on administrative infraction in a
judicial proceeding in respect of a deputy of the General Prosecutor of the Republic of
Kazakhstan shall be carried out by his (her) first deputy.
6. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
Footnote. Article 874 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 875. Consideration of a case on administrative
infraction by a judge in respect of a deputy of the Parliament
of the Republic of Kazakhstan, the Chairman or members of the
Constitutional Council of the Republic of Kazakhstan, judge,
General Prosecutor of the Republic of Kazakhstan
1. Consideration of a case shall be carried out in general with special aspects of
the proceeding on cases of the persons having privileges and immunity from
administrative liability.
2. The judge shall have the right to apply bringing in respect of a deputy of the
Parliament of the Republic of Kazakhstan, the Chairman or members of the Constitutional
Council of the Republic of Kazakhstan, judge, General Prosecutor of the Republic of
Kazakhstan as a measure of ensuring the administrative infraction proceeding after
referral with submission on giving a consent to this in the manner provided respectively
by a part two of Article 870 of this Code, if before consideration of the case the judge
refused in giving a consent to bringing by the state bodies mentioned in paragraph 4 of
Article 52, paragraph 5 of Article 71, paragraph 2 of Article 70, paragraph 3 of Article
83 of the Constitution of the Republic of Kazakhstan or such consent was not demanded.
Article 876. Persons having diplomatic immunity from
administrative liability
1. In accordance with the legislation of the Republic of Kazakhstan and
international treaties ratified by the Republic of Kazakhstan, the following persons
shall enjoy immunity from administrative liability in a judicial proceeding in the
Republic of Kazakhstan:
1) the heads of diplomatic representatives of foreign states, the members of
diplomatic personnel of these representatives and their family members, if they reside
jointly with them and are not citizens of the Republic of Kazakhstan;
2) on the basis of mutuality, the employees of service personnel of diplomatic
representatives and their family members residing jointly with them, if these employees
and their family members are not citizens of the Republic of Kazakhstan or do not reside
on a permanent basis in Kazakhstan, heads of consular agencies and other consular civil
servant in respect of the acts committed by them upon execution of employment duties,
unless otherwise provided by the international treaty of the Republic of Kazakhstan;
3) on the basis of mutuality, the employees of administrative and technical
personnel of diplomatic representatives and their family members residing jointly with
them, if these employees and their family members are not citizens of the Republic of
Kazakhstan or do not reside on a permanent basis in Kazakhstan;
4) the diplomatic couriers;
5) the heads and representatives of foreign states, members of parliamentary and
governmental delegations, and on the basis of mutuality – the employees of delegations
of foreign states arriving to Kazakhstan for participation in international
negotiations, international conferences and meetings or with other official
instructions, or travelling through the territory of the Republic of Kazakhstan for the
same purposes and family members of the mentioned persons that accompany them, if these
family members are not citizens of the Republic of Kazakhstan;
6) the heads, members and personnel of the representatives of foreign states in
international organizations, the civil servants of these organizations located in a
territory of the Republic of Kazakhstan on the basis of international treaties or
generally accepted international customs;
7) the heads of diplomatic representative, members of diplomatic personnel of
representatives of foreign states in a third country travelling through the territory of
the Republic of Kazakhstan, and their family members that accompany the mentioned
persons or that travel separately for joining them or for the purpose of returning to
own country;
8) other persons in accordance with an international treaty of the Republic of
Kazakhstan.
2. The persons mentioned in subparagraphs 1), 4) – 7) of part one of this Article,
as well as the persons in accordance with an international treaty of the Republic of
Kazakhstan may be brought to administrative liability only in the case if the foreign
state represents formal waiver of immunity from administrative liability. The issue on
such waiver shall be solved upon presentation of the General Prosecutor of the Republic
of Kazakhstan through the Ministry of foreign Affairs of the Republic of Kazakhstan by
diplomatic means. In the absence of waiver of the relevant foreign state of immunity of
the mentioned persons, the administrative proceeding in respect of them may not be
initiated, and the initiated proceeding – shall be subject to termination.
3. The rules of part two of this Article shall not apply to the persons mentioned
in subparagraphs 2) and 3) of part one of this Article, with the exception of cases when
the infraction committed by these persons is linked with execution of own employment
duties and is not directed against the interests of the Republic of Kazakhstan, unless
otherwise provided by the international treaty of the Republic of Kazakhstan.
Article 877. Search, administrative detention and bringing
of persons enjoying diplomatic immunity 1. The persons listed in subparagraphs 1), 4) – 7) of part one of Article 876 of
this Code, as well as other persons in accordance with international treaties of the
Republic of Kazakhstan shall enjoy personal inviolability. In existence of documents
being in their possession confirming their status of persons enjoying diplomatic
immunity, they may not be subject to personal inspection, detained or subjected to
bringing for commission of an administrative infraction. Search of the things being in
their possession also may not be carried out.
2. If the foreign state represents formal waiver of immunity from administrative
liability of the persons mentioned in subparagraphs 1), 4) – 7) of part one of Article
876, the proceeding on case shall be carried out according to the standard procedure.
Article 878. Diplomatic immunity from testimony 1. The persons listed in subparagraphs 1), 3) – 6) of part one of Article 876 of
this Code, as well as other persons in accordance with the international treaty of the
Republic of Kazakhstan may not give testimony as a witness, injured party, and when
approved to give such testimony – are not obliged to appear to a judge, body (civil
servant) considering a case on administrative infraction. Call for interrogation
delivered to mentioned persons shall not contain notifications on a possibility of
applying compulsory measures for their non-appearance.
2. In case if these persons gave testimony as injured parties, witnesses in the
course of administrative proceeding, and did not appear during consideration of a case,
the judge, body (civil servant) considering the case on administrative infraction shall
announce their testimony.
3. The persons mentioned in subparagraph 2) of part one of Article 876 of this
Code may not refuse from giving testimony as witnesses and injured parties, except for
the testimony on the issues linked with execution of their employment duties. In case of
refusal of consular civil servants to give witness statements, the measures of ensuring
a case on administrative infraction may not be applied to them.
4. The persons enjoying diplomatic immunity shall not be obliged to represent
correspondence and other documents related to execution of employment duties by them to
a judge, body (civil servant) considering a case on administrative infraction.
Article 879. Diplomatic immunity of premises and documents
1. Residency of a head of diplomatic representative, premise, occupied by
diplomatic representatives, living quarters of members of diplomatic personnel and their
family members, the property in their possession and means of transportation are
inviolable. Access to these premises, their survey, as well as search of means of
transportation may be carried out only in the consent of a head of diplomatic
representative or a person substituting him (her).
2. On the basis of mutuality, the immunity provided by a part one of this Article
shall apply to living quarters occupied by employees of service personnel of a
diplomatic representative and their family members that reside jointly with them, if
these employees and their family members are not the citizens of the Republic of
Kazakhstan.
3. The premise occupied by a consular agency and residency of a head of consular
agency shall enjoy inviolability on the basis of mutuality. Access to these premises,
their survey may take place only upon request or with the consent of a head of consular
agency or diplomatic representative of the relevant foreign state.
4. Archives, official correspondence and other documents of diplomatic
representatives and consular agencies are inviolable. They may not be subjected to
survey and withdrawal without the consent of a head of diplomatic representative,
consular agency. Diplomatic mail shall not be subject to printing and detention.
5. Consent of a head of diplomatic representative or consular agency to access to
the premises mentioned by parts one, two and three of this Article, performance of
survey, as well as to survey and seizure of documents mentioned in a part four of this
Article shall be requested by a prosecutor through the Ministry of Foreign Affairs of
the Republic of Kazakhstan.
6. In case of receipt of request or consent of a head of diplomatic representative
or consular agency to access to premises, performance of survey, as well as survey and
seizure of documents mentioned in a part four of this Article shall be carried out in
the presence of a prosecutor and representative of the Ministry of Foreign Affairs of
the Republic of Kazakhstan.
Chapter 50. INTERACTION OF BODIES CARRYING OUT THE
ADMINISTRATIVE INFRACTION PROCEEDING, WITH COMPETENT
INSTITUTIONS AND CIVIL SERVANTS OF FOREIGN STATES ON
CASES ON ADMINISTRATIVE INFRACTIONS
Article 880. General conditions of rendering of legal
assistance on cases on administrative infractions
1. In accordance with rendering of legal assistance to courts, bodies (civil
servants) of foreign states with which the Republic of Kazakhstan concluded the
international treaty on legal assistance, or on the basis of interaction, the actions
provided by this Code, as well as the other actions provided by other Laws and
international treaties of the Republic of Kazakhstan may be conducted.
2. In case if the provisions of international treaty ratified by the Republic of
Kazakhstan contradict this Code, the provisions of the international treaty shall be
applied.
3. The costs linked with rendering of legal assistance shall be incurred by
requested institution in a territory of own state, unless otherwise provided by the
international treaty of the Republic of Kazakhstan.
Article 881. Direction of requests on provision of information
and documents and instructions on conduct of separate
procedural actions
1. Requests on provision of information and documents, instruction on conduct of
separate procedural actions may be directed between courts, bodies (civil servants) in
cases provided by international treaties ratified by the Republic of Kazakhstan.
2. In cases when it is impossible to determine to which court, body it is
necessary to direct a request on provision of information and documents, instruction on
conduct of separate procedural actions, they shall be directed to the central body of
Requested Party.
3. Request on provision of information and documents, instruction on conduct of
separate procedural actions shall be drawn up in written in a form of a body and shall
contain:
1) name of requested body of the relevant Party;
2) name of requesting body of the relevant Party;
3) detailed description of an infraction and other facts related to it, data on
costs of goods, on extent of damage, legal qualification of the act in accordance with
the legislation of Requesting Party accompanied by a text of applied Law;
4) names, patronymics (when available) and last names of persons in respect of
whom the administrative infraction proceeding is conducted, witnesses, their place of
residence or place of stay, citizenship, occupation, place and date of birth, for legal
entities – their full name and location (if there is information on listed details);
5) instruction on delivery of a document shall contain exact address of a
recipient and name of delivered document;
6) list of details and actions subjected to representation or execution (for
interrogation it is necessary to state which circumstances should be investigated and
clarified, as well as a sequence and wording of the questions that shall be raised to a
respondent).
4. Request on provision of information and documents, instruction on conduct of
separate procedural actions may also contain:
1) specification of a term for execution of required measures;
2) petition on conduct of the measures mentioned in the request in a certain
manner;
3) petition on a provision of possibility to representatives of bodies of
Requesting Party to attend during performance of the measures mentioned in the request,
as well as to participate in their performance if it is not inconsistent with the
legislation of Parties;
4) other petitions linked with performance of a request, instruction.
5. The request on provision of information and documents, instruction on conduct
of separate procedural actions shall be signed by a head of requesting body or his (her)
deputy. The request, instruction shall be accompanied by available copies of documents
to which there are references in a text of the request, instruction, copies of the other
documents required for their proper execution.
6. Bodies of the Parties may send procedural documents by mail directly to
participants of the administrative infraction proceeding being in a territory of the
other Party.
7. Direction of repeated request on provision of information and documents,
instruction on conduct of separate procedural actions on cases on administrative
infractions shall be allowed upon necessity of receiving additional details,
clarification of information received within the execution of previous request or
instruction.
Article 822. Procedure for execution of requests on provision
of information and documents and instructions on conduct of
separate procedural actions
1. The court, body (civil servant) shall execute instructions of the relevant
institutions and civil servants of foreign states transferred to them in established
manner on the proceeding of procedural actions as a general rule of this Code.
2. Upon execution of an instruction, the procedural rules of foreign state may be
applied if it is provided by the international treaty of the Republic of Kazakhstan with
this state.
3. In cases provided by the international treaty, the representative of a
competent institution of the other state may attend upon execution of an instruction.
4. If the request (instruction) may not be executed, the received documents shall
be returned to the foreign institution from which the instruction was originated
specifying reasons that obstructed its execution. The instruction shall be returned, if
its execution may cause damage to sovereignty or security or contradicts the legislation
of the Republic of Kazakhstan.
SECTION 5. EXECUTION OF DECREES ON IMPOSITION OF
ADMINISTRATIVE SANCTIONS
Chapter 51. GENERAL PROVISIONS
Article 883. Entering of a decree on case on administrative
infraction into legal force The decree on a case on administrative infraction shall enter into legal force:
1) upon expiration of the term established for appealing the decree on case on
administrative infraction, if it was not appealed or protested;
2) without delay after issuance of a decree on a complaint, protest, as well as
issuance of the decree in case provided by article 339 of this Code;
3) without delay in case provided by a part two of article 811 of this Code.
Article 884. Obligatoriness of decree on imposition of
administrative sanction
1. The decree on imposition of administrative sanction shall be compulsory for
execution by all the state bodies, bodies of local self-government, civil servants,
individuals and their associations, legal entities.
2. The decree on imposition of administrative sanction shall be subject to
execution from the date of its entering into legal force
3. The decree on imposition of administrative sanction in the form of deprivation
of a special right and administrative arrest shall be subject to execution from the date
of issuance.
Article 885. Recourse of decree to execution Recourse of decree on imposition of administrative sanction to execution shall be
assigned on a judge, body (civil servant) that issued the decree. The decree shall be
directed to a body (civil servant) authorized to carry it into execution within a day
from the date of its entering into legal force. The decree on imposition of
administrative infraction in the form of deprivation of the special right shall be
directed to bodies authorized to carry it into execution immediately after its issuance.
Article 886. Carrying decree on imposition of administrative
sanction into execution 1. The decree on imposition of administrative sanction shall be carried into
execution by authorized bodies in the manner established by this Code.
2. In case of issuance of several decrees on imposition of administrative
sanctions in respect of one person, each decree shall be carried into execution on an
independent basis.
3. Avoidance of a person from administrative sanction shall entail execution of
this sanction in a compulsory manner in accordance with the legislation.
Article 887. Solution of issues linked with execution of
a decree on imposition of administrative sanction
1. The body (civil servant) that issued a decree on imposition of administrative
sanction shall be assigned to solve the issues linked with execution of this decree, and
control of its execution.
2. The issues on deferral, installment, suspension or termination of executing a
decree on imposition of administrative infraction, as well as on recover of a fine
imposed on a minor person from his (her) parents or persons substituting them, shall be
considered by a judge, body (civil servant) that issued the decree within three days
term from the date of occurrence of the ground for solution of the relevant issue.
3. The persons interested in solution of the issues mentioned in a part two of
this Article shall be notified on place and time of their consideration. By this, non-
appearance of interested persons without reasonable excuses is not an impediment for
solution of the relevant issues. Upon consideration of the issue on avoidance from
serving administrative arrest, the appearance of the person subjected to administrative
arrest shall be compulsory.
4. Solution on the issues mentioned in a part two of this Article shall be adopted
in the form of decree.
5. Copy of a decree shall be delivered immediately to an individual or
representative of legal entity in respect of whom it is issued, as well as to an injured
person upon his (her) request against receipt. In case of absence of mentioned persons,
the copy of a decree shall be sent within three days from the date of its issuance,
whereat the relevant record shall be made in a case.
Article 888. Deferral and installment of execution of a decree
on imposition of administrative sanction
Inexistence of circumstances making impossible the execution of a decree on
imposition of administrative sanction in the form of administrative arrest, deprivation
of the special right or fine (with the exception of recovery of a fine at the place of
commission of administrative infraction) within the terms established by the Law, the
judge, body (civil servant) that issued the decree may prolong the execution of the
decree for the term up to one month upon application of a person in respect of whom the
decree is issued. Regarding material status of a person brought to administrative
liability, the judge, body (civil servant) that issued the decree may allow payment of
the by installments for the term up to three months.
In existence of a court decision that entered into legal force on conduct of
restructurisation of a second tier bank and (or) organization included into bank
conglomerate as parental organization and that is not the second tier bank, upon their
application, the decree on imposition of administrative sanction may be deferred by a
judge, body (civil servant) that issued the decree until entering of the court decision
into legal force on termination of restructurisation of a second tier bank and (or)
organization included into bank conglomerate as parental organization and that is not
the second tier bank.
Article 889. Release from execution of administrative sanction
The judge, body (civil servant) that issued a decree on imposition of
administrative sanction shall terminate execution of the decree and release from
administrative sanction in cases of:
1) repeal of the Law or its separate provisions establishing administrative
liability;
2) provided by a part two of Article 8 of this Code;
3) death of a person brought to administrative liability or declaring him (her)
decedent in the manner established by the Law;
4) expiration of the term of limitation of execution of a decree on imposition of
administrative sanction established by Article 890 of this Code;
5) provided by the legislative act of the Republic of Kazakhstan on coming of the
Code of the Republic of Kazakhstan dated 10 December 2008 “On taxes and other compulsory
payments to budget” (Tax Code) into effect.
Article 890. Limitation of execution of a decree on imposition
of administrative sanction 1. The decree on imposition of administrative sanction shall not be subject to
execution, if it was not carried into execution within a year from the date of entering
into legal force, and for infractions in the field of tax assessment and antimonopoly
legislation of the Republic of Kazakhstan within five years from the date of its
entering into legal force.
2. In case of suspension of the execution of a decree in accordance with Article
834 of this Code, the running of period of limitation shall be suspended until
consideration of a complaint or protest.
3. Running of the term of limitation provided in a part one of this Article, shall
be revived if the person brought to administrative liability avoids its execution.
Calculation of the term of limitation in this case shall be restored from the date of
detection of this person.
4. In case of deferral of execution of a decree in accordance with Article 888 of
this Code, running of the term of limitation shall be suspended until expiration of the
term for deferral, and upon execution of the decree by installments, running of the tem
of limitation shall be extended for the term of deferral.
Article 891. Completion of the proceeding on execution of
a decree on imposition of administrative sanction 1. The decree on imposition of administrative sanction according to which the
sanction is collected in full, shall be returned by a body executing the decree to a
judge (body) that issued the decree with a note on collected sanction.
2. The decree on imposition of administrative sanction according to which the
execution was not carried out or the execution is carried not in full, shall be returned
to a body (civil servant) that issued the decree, drew up a protocol on administrative
infraction, in cases and in the manner provided by the Law of the Republic of Kazakhstan
“On execution proceeding and status of officers of justice”.
Chapter 52. PROCEDURE FOR EXECUTION OF SEPARATE TYPES
OF ADMINISTRATIVE INFRACTIONS
Article 892. Execution of a decree on issuance of
a notification The decree on imposition of administrative sanction in the form of a notification
shall be executed by a judge, body (civil servant) that issued the decree by delivering
or sending copies of the decree in accordance with Article 823 of this Code.
Article 893. Voluntary execution of a decree on imposition
of fine
1. Fine shall be subject to payment by a person brought to administrative
liability no later than thirty days from the date of entering of the decree into legal
force.
In case of deferral provided by Article 888 of this Code, the fine shall be
subject to payment by a person brought to administrative liability from the date of
expiration of the term for deferral.
2. The fine imposed for commission of administrative infraction shall be entered
by an individual or shall be transferred by a legal entity to the state budget in
established manner with the following notification in written form of a judge or body
(civil servant) that issued the decree on imposition of the fine, issued a prescription
on necessity to pay the fine.
Article 894. Compulsory execution of a decree on imposition of
a fine on an individual, individual entrepreneur, private
notary officer, private officer of justice and advocate
1. The decree on imposition of a fine shall be directed by a court, authorized
body (civil servant) to administration of the organization when the person brought to
liability works or receives remuneration, pension, scholarship for deduction of the fine
amount in compulsory manner from his (her) salary or other incomes. Deduction of the
fine shall be carried out within the term not exceeding six months. The priority of
recovery of the fine shall be carried out in the manner provided by the Civil Code of
the Republic of Kazakhstan.
2. In cases of dismissal of a person brought to administrative liability from work
or impossibility to recover a fine from his (her) salary or other incomes, the
administration of an organization shall return the decree on imposition of a fine,
prescription on necessity to pay the fine to a court, body (civil servant) that issued
the decree, within the term of ten days from the date of dismissal or occurrence of the
event entailing impossibility of recovery, with specification of new place of work of
the person brought to liability (if available), the reasons of impossibility of
recovery, as well as with a note on performed deductions (if such were performed).
3. If the individual subjected to fine is not employed or recovery of the fine
from salary or other incomes is impossible by other reasons, the decree on imposition of
the fine, prescription on necessity to pay the fine shall be directed by a court,
authorized body that issued the decree to an officer of justice for compulsory execution
in the manner provided by the legislation of the Republic of Kazakhstan.
4. The decree on imposition of a fine on administrative infractions considered by
the state revenues bodies, as well as on other administrative infractions in the field
of tax assessment in respect of individual entrepreneurs, private notary officers,
judicial enforcement agent and advocates shall be executed by the state revenues bodies
in the manner established by the tax legislation of the Republic of Kazakhstan.
Footnote. Article 894 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 895. Compulsory execution of a decree on imposition
of a fine on a legal entity
1. The decree on imposition of a fine shall be directed by a court, authorized
body (civil servant) to an officer of justice for withdrawal of money from banking
account of a legal entity without its consent in the manner established by the civil
legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on
payment and money transfers on execution proceeding and status of officers of justice.
The decree on imposition of a fine on administrative infractions considered by the
state revenues bodies, as well as on other administrative infractions in the field of
tax assessment shall be executed by the state revenues bodies in the manner established
by the tax legislation of the Republic of Kazakhstan.
2. The bank or organization carrying out other types of banking operations shall
be obliged to transfer fine amount to the budget in established manner.
3. In case of absence of money on accounts of a legal entity, the officer of
justice shall levy execution upon other property belonging to a debtor in accordance
with the Laws of the Republic of Kazakhstan.
Footnote. Article 895 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 896. Procedure for direction of a decree on imposition
of a fine for compulsory execution 1. The decree on imposition of a fine or prescription on necessity to pay the fine
shall be directed to officers of justice within ten days after expiration of the term
for voluntary execution of the decree on imposition of the fine.
Upon direction of a decree on imposition of a fine or prescription on necessity to
pay the fine to an officer of justice, it shall be accompanied by details on non-receipt
of the fine amount to the state revenues.
2. The decree on imposition of a fine, prescription on necessity to pay the fine
directed for compulsory execution with violation of the requirements of this Code shall
be subject to return to the state body that imposed administrative sanction.
3. Return of a decree on imposition of a fine, prescription on necessity to pay
the fine to a body that imposed administrative sanction is not an impediment for their
repeated direction for compulsory execution with the eliminated shortcomings.
Article 897. Procedure for execution of separate types of
administrative sanctions
1. The person that recognized a fact of commission of an infraction and that is
agreed with payment of the fine, on the basis of received notification and (or) notice
on appearance in the state revenues body directed (delivered) by the state revenues body
in accordance with the legislation of the Republic of Kazakhstan, shall pay the fine
within ten days from the date next to the date of receipt (delivery) of the notification
or notice.
2. The documents mentioned in a part one of this Article shall also contain
details on date of issuance, position, last name, initials of a civil servant that
imposed the sanction, details on a person brought to administrative liability, Article
of this Code providing the liability for this infraction, time and place of commission
of the administrative infraction, amount of administrative fine, requisite elements for
paying the fine.
3. In case of non-performance of the requirement established by a part one of this
Article, the administrative infraction proceeding shall be carried out in the manner
provided by this Code.
Footnote. Article 897 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 898. Completion of proceeding on execution of a decree
on imposition of a fine
The decree on imposition of a fine on which recovery of fine is carried out in
full, shall be returned to a body (civil servant) that issued the decree with a note on
execution.
Article 899. Execution of a decree on confiscation of a subject
that is a tool or subject for commission of administrative
infraction, and equally of property received due to commission
of administrative infraction
1. The decree of a judge on confiscation of a subject that is a tool or subject
for commission of administrative infraction, as well as property including incomes
(dividends), money and securities received due to commission of administrative
infraction, shall be executed in the manner provided by the legislation by an officer of
justice, and on confiscation of weapons, ammunition, special technical means for conduct
of special operational investigative measures and encryption-based means of information
protection and narcotic drugs – by the internal affairs body.
2. Selling or further use of confiscated subject that is a tool or subject of
commission of administrative infraction shall be carried out in the manner established
by the Government of the Republic of Kazakhstan.
Article 900. Bodies executing a decree on deprivation
of the special right 1. The decree of judge on deprivation of the right of operating transport
vehicles, with the exception of tractors, self-propelled vehicles and other types of
technology shall be executed by civil servants of the internal affairs bodies.
2. The decree of judge on deprivation of the right of operating tractors, self-
propelled vehicle or other types of technology shall be executed by civil servants of
the bodies carrying out state supervision of technical condition of the self-propelled
vehicles and other types of technology.
3. The decree of judge on deprivation of the right of operating vessels, including
small size vessels shall be executed by civil servants of the bodies carrying out the
state supervision of compliance with the rules of using vessels, including small size
vessels.
4. The decree of judge on deprivation of the right of operating radio electronics
and high frequency means shall be executed by civil servants of the bodies carrying out
the state supervision of communications.
5. The decree of judge on deprivation of the right of hunting shall be executed by
civil servants of the bodies carrying out the state supervision of compliance with the
hunting regulations.
6. The decree of judge on deprivation of the right of bearing and keeping weapons
shall be executed by civil servants of the internal affairs bodies.
Article 901. Procedure for execution of a decree on
deprivation of the special right 1. Execution of a decree on deprivation of the right of operating transport
vehicles, vessels or other types of technology shall be carried out by withdrawal of
driving license respectively for the right to operate vessels, including small size
vessels, or certificate of a tractor driver (tractor operator), if the driver, navigator
or tractor driver (tractor operator) are deprived of the right of operation of all the
types of transport vehicles, vessels (including small size vessels) and other
technology.
2. If the driver, navigator or tractor driver (tractor operator) are deprived of
the right of operating not all the types of transport vehicles, vessels, including small
size vessels, or another technology, it shall be stated in a driving license,
certificate for the right of operation of small size vessel or in a certificate of a
tractor driver (tractor operator) by which types of transport vehicles, small size
vehicles, self-propelled devices they are deprived of the right to operate.
3. Procedure for withdrawal of a certificate for the right of operation of
transport vehicles or vessel shall be established by the authorized body.
4. In case of avoidance of a driver (navigator) or a tractor driver (tractor
operator) deprived of the right of operation of transport vehicles, vessel or right of
operation of a tractor or other self-propelled vehicle from delivery of the driving
license, certificate for the right of operating a vessel or certificate of a tractor
driver (tractor operator), the internal affairs bodies, bodies carrying out state
supervision of compliance with the rules of using the vessels, including small size
vessels, as well as bodies carrying out state supervision of technical condition of
self-propelled machines and other types of technology shall carry out withdrawal of the
driving license, certificate for the right of operating a vessel or certificate of a
tractor driver (tractor operator) in established manner.
5. Upon expiration of the term of deprivation of the special right, the withdrawn
documents shall be returned to a person subjected to this type of administrative
sanction in established manner.
Article 902. Procedure for execution of a decree on deprivation
of the right of hunting 1. Execution of a decree on deprivation of the right of hunting shall be carried
out by withdrawal of hunting permit.
2. In case of avoidance of a person deprived of the right of hunting from delivery
of hunting permit, the withdrawal of the hunting permit shall be carried out by the
bodies carrying out state supervision of compliance with the hunting regulations in
established manner.
Article 903. Procedure for execution of a decree on deprivation
of the right of operating radio electronic means or
high frequency devices
1. Execution of a decree on deprivation of the right of operating radio electronic
means or high frequency devices shall be carried out by withdrawal of the special permit
for operation of radio electronic means or high frequency devices.
2. In case of avoidance of a person deprived of the right of operating radio
electronic means or high frequency devices from delivery of the special permit of
operating radio electronic means or high frequency devices, the relevant authorized
state body shall carry out withdrawal of the special permit for operating radio
electronic means or high frequency devices in established manner.
3. The procedure for withdrawal of the special permit for operating radio
electronic means or high frequency devices shall be established by the authorized state
body in the field of informatization and communications.
Article 904. Procedure for execution of a decree on deprivation
of the right of bearing and keeping weapons
Execution of a decree on deprivation of the right of bearing and keeping weapons
shall be carried out by withdrawal of the relevant certificate and weapons by internal
affairs bodies in the manner provided by the legislation.
Article 905. Execution of a decree on deprivation of a permit
or suspension of its validity The decree on deprivation of a permit of an individual, individual entrepreneur or
legal entity or suspension of its validity shall be enforced in the manner established
by this Code and legislation on permissions and notifications.
Article 906. Bodies executing a decree on deprivation of
a permit or suspension of its validity The decree on deprivation of a permit of an individual, individual entrepreneur or
legal entity or suspension of its validity shall be enforced by civil servants of the
bodies that issued the permit.
Article 907. Procedure for execution of a decree on deprivation
of a permit or suspension of its validity
1. Execution of a decree on deprivation of a permit of an individual, individual
entrepreneur or legal entity shall be carried out by withdrawal of the permit and (or)
exclusion of the permit from the state electronic register of permissions and
notifications.
2. In case of avoidance of an individual, individual entrepreneur or legal entity
from delivery of the permit, the body that issued the permit shall take measures
provided by the legislation for withdrawal of the permit and exclusion of the permit
from the state electronic register of permissions and notifications.
Article 908. Calculation of terms of deprivation of a permit
or suspension of its validity 1. The term of deprivation of a permit or suspension of its validity shall be
calculated from the date of entering of a decree on deprivation (suspension of validity)
of the permit into legal force.
2. Upon expiry of the term of deprivation of a permit for particular type of
activity, the person subjected to this measure of administrative sanction shall obtain a
license in the manner established by the legislation.
Upon expiry of the term of validity of a permit, the withdrawn permit shall be
returned to a person subjected to this measure of administrative sanction in established
manner.
3. The validity of a permit shall be suspended from the date stated in a decree on
imposition of administrative sanction and for the term stated there.
Article 909. Execution of a decree on suspension or
prohibition of activity 1. The decree on imposition of administrative sanction in the form of suspension
or prohibition of activity of a legal entity or individual entrepreneur shall be issued
by a judge and shall be subject to execution without delay upon entering of the decision
into legal force by a founder of legal entity or individual entrepreneur.
2. During the period of suspension of activity of a legal entity and individual
entrepreneur, their right to use money being on banking accounts shall be suspended,
with the exception of payments of compensation for harm inflicted to life and health,
recovery of alimonies, on labour payment and compensation to persons working under the
labour contract, social expenditures, compulsory pension contributions, compulsory
professional pension contributions, tax payments and other compulsory payments to
budget, payment of fines. During the period of suspension of activity of a public
association, it shall be prohibited to use mass media, to carry on agitation and
propaganda, to hold rallies, demonstrations and other mass events, to take participation
in elections. If within established term of suspension of activity, the public
association eliminated the violation, then upon expiry of the term stated in a decree,
the public association shall restore own activity.
3. In case of failure to execute administrative sanction imposed by a judge in the
form of suspension or prohibition of activity by a founder (governing body, civil
servant) of a legal entity or individual entrepreneur on a voluntary basis, the
suspension shall be enforced in the manner of execution proceeding by the authorized
body.
Article 910. Procedure for execution of a decree on suspension
or prohibition of activity
1. Authorized civil servant shall suspend work of organizations, separate
enterprises, shall prohibit operation of buildings, constructions, separate premises,
warehouses, electric networks, heating devices in part or in full.
2. After receipt of a decision on prohibition of activity (liquidation) of a legal
entity, the body carrying out registration of legal entities shall check compliance with
the procedure for prohibition of activity (liquidation) provided by the legislation and
within ten days shall register termination of activity of the legal entity, whereat the
authorized body in the field of state statistics shall be notified.
Article 911. Execution of a decree on compulsory demolition
of a building 1. The court decree on compulsory demolition of illegally constructing or
constructed building shall be enforced by a person in respect of whom this
administrative sanction is issued.
2. In case of failure to execute administrative sanction imposed by a court in the
form of compulsory demolition of illegally constructing or constructed building on a
voluntary basis, the decree shall be enforced in the manner of execution proceeding by
the authorized body.
Article 912. Costs for execution of a decree on compulsory
demolition of a building
Compulsory demolition of illegally constructed or constructing building shall be
carried out on account of an offender.
Article 913. Execution of a decree on administrative arrest
1. The court decree on administrative arrest shall be enforced by internal affairs
bodies and bodies of military police in the manner established by the legislation of the
Republic of Kazakhstan.
2. Persons subjected to administrative arrest shall be detained under custody at
the places determined by internal affairs bodies. Upon execution of a decree on
administrative arrest, the arrested persons shall be subject to personal inspection.
Military servants shall serve administrative arrest in detention quarters.
3. Service of administrative arrest shall be carried out in accordance with the
rules established by the legislation of the Republic of Kazakhstan.
Article 914. Consequences of avoidance from serving
administrative arrest If the person subjected to administrative arrest willfully leaves the place of his
(her) service until expiration of the term of administrative arrest, the served sentence
may be disregarded in term of administrative arrest in full or in part by a judge’s
decree. By this, the judge shall establish beginning of new term for serving
administrative arrest.
Article 915. Execution of a decree in a part of compensation
of property damage
The decree on a case on administrative infraction in a part of compensation of
property damage subjected to recovery in accordance with Article 59 of this Code shall
be enforced in the manner established by the legislation.
Article 916. Execution of a decree on administrative expulsion
of foreign persons and stateless persons from the Republic
of Kazakhstan
1. Execution of a decree on administrative expulsion of foreign persons and
stateless persons from the Republic of Kazakhstan shall be carried out by controlled
independent departure of expelled person from the Republic of Kazakhstan.
Costs for expulsion shall be incurred by expelled illegal immigrants, individuals
or legal entities that invited the immigrant to the Republic of Kazakhstan. In cases of
absence or insufficiency of funds of mentioned persons for covering the costs for
expulsion, the financing of the relevant events shall be performed on account of budget
funds.
In accordance with international treaties ratified by the Republic of Kazakhstan,
the organization responsible for transportation of persons from the territory of the
Republic of Kazakhstan that entered without the right of entry is the transport
organization that brought these persons.
2. The persons that did not execute a court decision on expulsion and that did not
leave the territory of the Republic of Kazakhstan within the term stated in the
decision, shall be subject to expulsion in compulsory manner under the court decision.
3. If the transfer of expelled person to a representative of foreign state is not
provided by the treaty of the Republic of Kazakhstan with mentioned state, the expulsion
shall be carried out at the place determined by the Frontier Service of the National
Security Committee of the Republic of Kazakhstan.
4. Upon expulsion of foreign persons or stateless persons from the check point
through the State Border of the Republic of Kazakhstan, the authorities of a foreign
state to (through) the territory of which the mentioned person is expelled shall be
notified, if the expulsion is provided by a treaty of the Republic of Kazakhstan with
mentioned state.
5. Execution of a decree on administrative expulsion shall be drawn up in the form
of bilateral or unilateral act.
Article 917. Bodies carrying out execution of a decree on
administrative expulsion of foreign persons and stateless
persons from the Republic of Kazakhstan
The decree on administrative expulsion of foreign persons or stateless persons
from the Republic of Kazakhstan shall be executed:
1) by the Frontier Service of the National Security Committee of the Republic of
Kazakhstan upon commission of infractions provided by Articles 513 (part two), 514 (part
two), 516 (part two), 517 (parts two, four, six, seven) of this Code;
2) internal affairs bodies upon commission of infractions provided by Articles
109, 449 (part three), 490 (parts three, seven), 495 (part two), 517 (parts two, four,
five) of this Code.
Footnote. Article 917 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 918. Execution of a decree on testing of knowledge
of road traffic rules
The decree on testing of knowledge of road traffic rules shall be enforced by
internal affair bodies in the manner established by the legislation.
Chapter 53. FINAL PROVISIONS
Article 919. Procedure for application of this Code The decrees on a case on administrative infraction of a court, body (civil
servants) authorized to consider cases on administrative infractions issued and not
executed before entering of this Code into force for the purpose of their bringing in
compliance with Article 5 of this Code establishing retroactive effect of the Law on
administrative infractions in the case when the Law mitigates or aggravates the
liability for an administrative infraction or otherwise improves the position of a
person that committed the administrative infraction, shall be subject to review. Review
of previously issued decrees shall be carried out by a judge of the court, civil servant
of the body, that issued the decree upon application of a person in respect of whim it
was issued.
Article 920. Order of entering of this Code into force
1. From the date of entering of this Code into force, it shall be deemed to have
lost force:
Code of the Republic of Kazakhstan on administrative infractions dated 30 January
2001 (The bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 5-6,
Article 24; No. 17-18, Article 241; No. 21-22, Article 281; 2002, No. 4, Article 33; No.
17, Article 155; 2003, No. 1-2, Article 3; No. 4, Article 25; No. 5, Article 30; No. 11,
Article 56, 64, 68; No. 14, Article 109; No. 15, Article 122, 139; No. 18, Article 142;
No. 21-22, Article 160; No. 23, Article 171; 2004, No. 6, Article 42; No. 10, Article
55; No. 15, Article 86; No. 17, Article 97; No. 23, Article 139, 140; No. 24, Article
153; 2005, No. 5, Article 5; No. 7-8, Article 19; No. 9, Article 26; No. 13, Article 53;
No. 14, Article 58; No. 17-18, Article 72; No. 21-22, Article 86, 87; No. 23, Article
104; 2006, No. 1, Article 5; No. 2, Article 19, 20; No. 3, Article 22; No. 5-6, Article
31; No. 8, Article 45; No. 10, Article 52; No. 11, Article 55; No. 12, Article 72, 77;
No. 13, Article 85, 86; No. 15, Article 92, 95; No. 16, Article 98, 102; No. 23, Article
141; 2007, No. 1, Article 4; No. 2, Article 16, 18; No. 3, Article 20, 23; No. 4,
Article 28, 33; No. 5-6, Article 40; No. 9, Article 67; No. 10, Article 69; No. 12,
Article 88; No. 13, Article 99; No. 15, Article 106; No. 16, Article 131; No. 17,
Article 136, 139, 140; No. 18, Article 143, 144; No. 19, Article 146, 147; No. 20,
Article 152; No. 24, Article 180; 2008, No. 6-7, Article 27; No. 12, Article 48, 51; No.
13-14, Article 54, 57, 58; No. 15-16, Article 62; No. 20, Article 88; No. 21, Article
97; No. 23, Article 114; No. 24, Article 126, 128, 129; 2009, No. 2-3, Article 7, 21;
No. 9-10, Article 47, 48; No. 13-14, Article 62, 63; No. 15-16, Article 70, 72, 73, 74,
75, 76; No. 17, Article 79, 80, 82; No. 18, Article 84, 86; No. 19, Article 88; No. 23,
Article 97, 115, 117; No. 24, Article 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2,
Article 1, 4, 5; No. 5, Article 23; No. 7, Article 28, 32; No. 8, Article 41; No. 9,
Article 44; No. 11, Article 58; No. 13, Article 67; No. 15, Article 71; No. 17-18,
Article 112, 114; No. 20-21, Article 119; No. 22, Article 128, 130; No. 24, Article 146,
149; 2011, No. 1, Article 2, 3, 7, 9; No. 2, Article 19, 25, 26, 28; No. 3, Article 32;
No. 6, Article 50; No. 8, Article 64; No. 11, Article 102; No. 12, Article 111; No. 13,
Article 115, 116; No. 14, Article 117; No. 16, Article 128, 129; No. 17, Article 136;
No. 19, Article 145; No. 21, Article 161; No. 24, Article 196; 2012, No. 1, Article 5;
No. 2, Article 9, 11, 13, 14, 16; No. 3, Article 21, 22, 25, 26, 27; No. 4, Article 32;
No. 5, Article 35, 36; No. 8, Article 64; No. 10, Article 77; No. 12, Article 84, 85;
No. 13, Article 91; No. 14, Article 92, 93, 94; No. 15, Article 97; No. 20, Article 121;
No. 23-24, Article 125; 2013, No. 1, Article 2, 3; No. 2, Article 10, 11, 13; No. 4,
Article 21; No. 7, Article 36; No. 8, Article 50; No. 9, Article 51; No. 10-11, Article
54, 56; No. 13, Article 62, 63, 64; No. 14, Article 72, 74, 75; No. 15, Article 77, 78,
79, 81, 82; No. 16, Article 83; No. 23-24, Article 116; 2014, No. 1, Article 6, 9; No.
2, Article 10, 11; No. 3, Article 21; No. 4-5, Article 24; No. 7, Article 37; No. 8,
Article 44, 46, 49; the Law of the Republic of Kazakhstan dated 10 June 2014 “On
amendments and supplements in several legislative acts of the Republic of Kazakhstan on
the issues of counteractions of legitimization (laundering) of incomes received by
illegal means, and financing of terrorism” published in newspapers “Yegemen Kazakhstan”
and “Kazakhstanskaya pravda” on 14 June 2014.
2. This Code enters into legal force from 1 January 2015 with the exception of
subparagraph 8) of part five of Article 281 and subparagraph 6) of part three of article
282 that enter into force from 1 January 2016.
Footnote. Article 920 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
The President
of the Republic of Kazakhstan N.NAZARBAYEV
© 2012. Republican Center of Legal Information of the Ministry of Justice RSE on the basis of
economic control rights