Article 45. Confiscation of an object that was an instrument or the subject of an administrative offense, as well as property obtained as a result of an administrative offense of the Code of the Republic of Kazakhstan on Administrative Offenses
1. The confiscation of an object that was the instrument or object of an administrative offense, as well as property obtained as a result of an administrative offense, consists in their compulsory gratuitous conversion into state ownership in accordance with the procedure established by law.
The seizure of an object from the illegal possession of a person who has committed an administrative offense, which is subject to return to its owner or withdrawn from circulation, is not considered confiscation. An item withdrawn from circulation is subject to State ownership or destruction.
2. Only an object that is the property of the violator is subject to confiscation, unless otherwise provided for in the Special Part of this Code.
3. Confiscation of hunting weapons, ammunition for them and other permitted hunting and fishing implements may not be applied to persons for whom hunting (fishing) is the main legitimate source of livelihood.
4. Confiscation shall be applied by a judge and may be imposed in cases where it is provided for by the relevant article of the Special Part of this section as an administrative penalty.
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