Article 220. Violation of the legislation of the Republic of Kazakhstan on payments and payment systems, requirements related to customer banking Code of the Republic of Kazakhstan on Administrative Offenses
1. Violation by banks, branches of non–resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations of the deadlines for executing instructions on payment and (or) money transfer or refusal to execute instructions on payment and (or) money transfer established by the Law of the Republic of Kazakhstan "On Payments and Payment Systems", –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices for medium–sized businesses and two hundred monthly calculation indices for large businesses, branches of non-resident banks of the Republic of Kazakhstan.
2. Execution by banks, branches of non–resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, instructions on payment and (or) money transfer made in favor of a beneficiary other than indicated in the instruction, or for an amount other than indicated in the instruction, –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices for medium–sized businesses and two hundred monthly calculation indices for large businesses, branches of non-resident banks of the Republic of Kazakhstan.
3. Loss of customer's payment documents by banks, branches of non–resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices for each payment document.
4. Unjustified refusal by banks, branches of non–resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations to execute instructions on payment and (or) money transfer in the absence of grounds for refusal to execute instructions defined by the Law of the Republic of Kazakhstan "On Payments and Payment Systems", –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices for medium–sized businesses and two hundred monthly calculation indices for large businesses, branches of non-resident banks of the Republic of Kazakhstan.
4-1. Execution by banks, branches of non–resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, instructions on payment and (or) money transfer in cases where the Law of the Republic of Kazakhstan "On Payments and Payment Systems" provides for refusal to execute instructions on payment and (or) money transfer, –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices for medium–sized businesses and two hundred monthly calculation indices for large businesses, branches of non-resident banks of the Republic of Kazakhstan.
5. Violation by banks, branches of non–resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations of the order of withdrawal of money from the client's bank account established by the Civil Code of the Republic of Kazakhstan, –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices.
6. Excluded by the Law of the Republic of Kazakhstan dated July 26, 2016 No. 12-VI (effective thirty calendar days after the date of its first official publication).
7. Non–compliance by banks, branches of non-resident banks of the Republic of Kazakhstan, organizations performing certain types of banking operations, and payment organizations with the requirements established by the Law of the Republic of Kazakhstan "On Payments and Payment Systems" when providing payment services through payment agents and (or) payment subagents –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.
8. The action (inaction) provided for in part seven of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –
entails a fine on legal entities, branches of non–resident banks of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices.
Notes.
1. The requirements of this article do not apply to actions (inaction) for which responsibility is provided for in part eight of Article 91, part four of Article 92, part three of Article 92-1 and Article 285 of this Code.
2. For the purposes of the first part of this article, banks and bank branches are not subject to administrative liability. – non-residents of the Republic of Kazakhstan, organizations engaged in certain types of banking operations that have been deprived of a permit issued by the authorized body for regulation, control and supervision of the financial market and financial organizations, and (or) who, as of the date on which instructions for payment and (or) money transfer were to be executed in accordance with the deadlines established by the Law of the Republic Kazakhstan "On Payments and Payment Systems", there were unfulfilled requirements or restrictions on the disposal of money on the correspondent account opened with the National Bank of the Republic of Kazakhstan, preventing spending operations.
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