Article 32. Witness Administrative Procedural Code of the Republic of Kazakhstan

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1. A witness is a person who may have knowledge of any factual circumstances relevant to the consideration and resolution of an administrative case.

2. Are not subject to interrogation as a witness:

1) the judge – about the circumstances of the case in which he participated;

2) the arbitrator, the juror – about the circumstances that have become known to them in connection with the performance of their duties.;

3) representatives in a civil case or representatives, defenders in a criminal case, a case of an administrative offense – about the circumstances that became known to them in connection with the performance of the duties of a representative or defender;

4) the clergyman – about the circumstances known to him from confession;

5) a person who, due to his young age or mental or physical disabilities, is unable to correctly perceive the circumstances relevant to the administrative case and give evidence about them.;

6) mediator – about the circumstances that have become known to him in connection with mediation, except in cases provided for by the laws of the Republic of Kazakhstan;

7) a participant in the national preventive mechanism – about the circumstances that have become known to him in connection with the implementation of his activities, with the exception of cases that pose a threat to national security.;

8) other persons specified in the laws of the Republic of Kazakhstan.

3. The witness has the right:

1) to refuse to testify against himself, his spouse and close relatives, whose circle is determined by law;

2) to give evidence in his native language or the language he speaks;

3) use the free assistance of an interpreter in administrative proceedings;

4) challenge the interpreter participating in his interrogation;

5) file complaints about actions (inaction) to file petitions concerning the rights, freedoms and legitimate interests of an administrative body or official.

4. The witness must:

1) appear at the summons of the court;

2) truthfully report everything known about the administrative case and answer the questions raised;

3) observe the established procedure during the hearing and court session.

5. Information provided by a witness is not considered evidence if he cannot indicate the source of his knowledge.

6. If it is impossible for a witness to appear at the hearing, he has the right to give evidence in writing. In this case, the witness must certify each page with his signature. The testimony, certified by the signature of the witness, is confirmed by the signature of the official, indicating the date of signing.

7. A person called as a witness must appear in court at the appointed time, except in the case provided for in part eight of this article, provide information on the merits of the administrative case under consideration that is known to him personally, and answer additional questions from the court and participants in the administrative process.

8. A witness may be questioned by the court at his place of residence if he is unable to appear in court on summons due to illness, old age, disability or other valid reasons.

9. If a witness is unable to appear in court on summons, he is obliged to notify the court in advance, indicating the reasons for his non-appearance.

10. In administrative proceedings, a witness is criminally liable in accordance with the law for knowingly giving false testimony and refusing to give evidence on grounds not provided for by law.

11. The witness is entitled to reimbursement of expenses related to the subpoena. The amount of expenses and compensation is determined by the legislation of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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