Article 744. A person in respect of whom proceedings are being conducted on an administrative offense of the Code of the Republic of Kazakhstan On Administrative Offenses  

 1. The person against whom proceedings on an administrative offense are being conducted has the right to get acquainted with the protocol and other case materials, provide explanations, make comments on the content and design of the protocol, present evidence, file petitions, including for the immediate consideration of the case and the immediate entry into force of the decision on the administrative offense case, and challenges, use the legal assistance of a defender, and speak in his native language or a language he knows when considering a case., and to use the services of an interpreter free of charge if he does not speak the language in which the proceedings are conducted; to file a complaint on the application of measures to ensure the proceedings in the case, for violation of the law when drawing up a protocol on an administrative offense, in case information is provided that does not correspond to factual data and circumstances, for an order on the need to pay a fine and a decision on the case; to extract and make copies of the documents available in the case, as well as to use other procedural rights granted to him by this Code.

2. The case of an administrative offense is considered with the participation of the person against whom the proceedings on the case of an administrative offense are being conducted. The participation of the person in respect of whom the proceedings are being conducted in court or in the consideration of the case by the body (official) authorized to consider the case of administrative offenses may be carried out using scientific and technical means. In the absence of the said person, the case may be considered only in cases where an administrative offense has been detected or recorded automatically in accordance with Article 31 of this Code, or when there is evidence that he was properly notified of the place and time of the case and if he did not file a motion to postpone the case.

      3. When considering a case on an administrative offense committed by a person under the age of eighteen, or the commission of which entails administrative punishment in the form of administrative arrest, as well as administrative expulsion from the Republic of Kazakhstan of a foreigner or a stateless person or deprivation of a special right (except for the right to drive vehicles) granted to a person, the presence of a person involved in administrative responsibility, absolutely.

     4. In case of evasion of the persons specified in part three of this article from appearing at the summons of a judge, body (official) considering the case of an administrative offense, in whose proceedings the case of an administrative offense is pending, this person may be brought.

     The court's ruling on the summons is executed by a bailiff or an internal affairs body; the ruling of the body (official) considering the case of an administrative offense is executed by the internal affairs body (police).

     5. A minor in respect of whom proceedings on an administrative offense are underway may be removed for the duration of consideration of the circumstances of the case, the discussion of which may adversely affect him.

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