Administrative complaint
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To the Zhitikarinsky district Court of Kostanay region
from R.O.V. 11.03.1985 , born IN .. place of residence:
G. Zh..., 11-15-36 cell phone. 8702...
Administrative complaint
On 07/04/2022, at 10:19 a.m., the inspector of the battalion of the traffic police of the Kostanay region Police Department, N.S.T., drew up an administrative protocol against me under art. 592 Part 2 of the Code of the Republic Kazakhstan on Administrative Offences (hereinafter referred to as the CCOBAP). The protocol was drawn up on the highway near the village of Ayet (the former village of Taranovskoye). For the committed administrative offense, I was fined 15,315 tenge. I agreed with the offense and paid the fine. The inspector did not hand me the order to pay the fine. 04.07.2022 In the evening, the specified inspector N.S.T. asked to drive up to him to resubmit the protocol, allegedly he made mistakes in the protocol. I drove up to the inspector at about 6.20 p.m., and he drew up a new administrative report on me, but he did not explain to me that he had changed my qualifications to a more serious article, and said that the fine also amounted to 15315 tenge. At the same time, he did not give me an order to pay the fine. At the same time, he asked if I had the Kaspi application, and when I replied that I did, he said that the amounts and details for paying the fine would be sent to the Kaspi application. Inspector N.S.T. did not tell me that he had drawn up two different protocols against me. A few days later, indeed, in the Kaspi application in my phone, I saw that I had administrative fines in the amount of 15315 tenge and 45945 tenge. I paid a fine in the amount of 15315 tenge, as Inspector N.S.T. told me on 07/08/2022. Inspector N.S.T. he called me and said that I needed to pay a fine in the amount of 45,945 tenge under the second protocol, but not to pay 15,315 tenge, since in the first protocol he incorrectly indicated part of Article 592 of the Criminal Code, since this was a repeated violation for me during the year. I do not agree with the protocol under Part 4 of Article 592 of the Criminal Code, I consider it illegal, since according to Article 12 of the Criminal Code, "No one can be repeatedly brought to administrative responsibility for the same offense."
Administrative complaint
Inspector Nurmagambetov S.T., taking advantage of my legal illiteracy, as well as the fact that I was in a hurry to conceal his violation of the norms of the CRKobAP, misleading me about the legal consequences of drawing up the second protocol, repeatedly brought me to administrative responsibility, thereby grossly violating the requirement of art. 12 of the CRKobAP. According to art . 741 KRKobAP – "Proceedings on an administrative offense cannot be initiated, and what has been initiated is subject to termination in the presence of at least one of the following circumstances: 6) the presence of a judge's decision, an authority (official) on the imposition of an administrative penalty or an unturned decision on the same fact in relation to a person brought to administrative responsibility. termination of the case of an administrative offense, as well as the existence of a decision on recognizing a person as a suspect on the same fact.; 10) the availability of a document confirming the payment of an administrative fine in accordance with the procedure established by Article 897 of this Code." Based on the above, guided by Articles 828, 829-19 of the Criminal Code, I ask: - to declare illegal the actions of Inspector N.S.T. in drawing up a protocol on an administrative offense under Article 592, Part 4 of the Criminal Code, and to terminate the proceedings in administrative case No. 223900030047820. - to issue a private resolution to the head of the Police Department of the Kostanay region for gross violation by Inspector N.S.T. of the norms of the CRKobAP. Appendix: a copy of the protocol under art. 592 h. 2 CCOBAP, a copy of the protocol under art. 592 part. 4 CCOBAP, a copy of the receipt for payment of the fine.
07/09/2022 G.O.V.
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Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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