Article 127. Monetary penalty Administrative Procedural Procedure Code of the Republic of Kazakhstan

     1. A court shall impose a monetary penalty in the cases established by this Code.

     2. A monetary penalty is imposed on an individual, an official, a legal entity or its representative in the amount of ten to one hundred monthly calculation indices. The court issues a ruling on the imposition of a monetary penalty, a copy of which is handed over to the person on whom the monetary penalty is imposed. In case of written consent of the person on whom the monetary penalty is imposed, the court issues the operative part of the ruling, which is handed over to him immediately.

     Consideration of the issue of imposing a monetary penalty is carried out at a court hearing with prior notification of the person against whom the measure of coercion is being applied.

     3. The court has the right to impose a monetary penalty on a person who abuses procedural rights or fails to perform procedural duties, including in cases of presenting evidence, executing orders in violation of the time limit set by the court without valid reasons, if this has led to a delay in the consideration of an administrative case, for each action (inaction) in the amount of ten monthly calculation indices.

     4. For failure to comply with a requirement or a court request, failure to appear in court of a person participating in an administrative case, late notification of the court, late submission of a review, disobedience to the orders of the presiding judge, violation of the rules established in court, as well as other actions (omissions) clearly indicating disrespect for the court and (or) the judge, The court has the right to impose a monetary penalty in the amount of twenty monthly calculation indices.

     5. For failure to comply with a court decision or a court ruling approving an agreement between the parties on reconciliation, mediation or dispute settlement through a participatory procedure, the court shall impose a monetary penalty on the defendant in the amount of fifty monthly calculation indices, indicating in the same judicial act a period not exceeding one month during which it is to be enforced.

    6. The payment of a monetary penalty, which is collected in the income of the republican budget, is carried out after the entry into force of the definition.

     7. The person on whom a monetary penalty has been imposed has the right to apply to the court with a motion to reduce the amount of the monetary penalty, delay, or installment the execution of the ruling within ten working days from the date of delivery of the relevant ruling.

     The petition is considered at a court hearing with the summons of the applicant.

     When considering a request for postponement or installment, the court has the right to postpone or delay the execution of a ruling on the imposition of a monetary penalty for up to two months.

     8. The court shall consider and resolve a petition for a reduction in the amount of a monetary penalty, postponement, or installment of execution of a ruling within ten working days from the date of receipt of the petition to the court.

     9. In case of non-fulfillment of a judicial act or a court requirement specified in parts three and four of this article, the court has the right to impose a new monetary penalty in the amount increased by ten monthly calculation indices.

President    

Republic of Kazakhstan     

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