Article 794. General rules of inspection of the Code of the Republic of Kazakhstan On Administrative Offenses

Home / Codes / Article 794. General rules of inspection of the Code of the Republic of Kazakhstan On Administrative Offenses

1. An inspection is usually carried out immediately when necessary. If necessary, as well as at the request of the inspection participants, a protocol is drawn up, which indicates the date and place of its compilation, the position, surname and initials of the person who compiled it, information about the person subjected to inspection, the type, quantity, and other identifying features of things, goods imported into the territory of the Republic of Kazakhstan, as well as those transported through the territory of the Republic of Kazakhstan. Of the Republic of Kazakhstan, including the type, make, model, caliber, series, number, characteristics of weapons, quantity and type of ammunition, special technical means for carrying out special operational search measures and cryptographic means of information protection.

The inspection report is signed by the official who drafted it, the person who was examined, the owner of the items that were examined, and the witnesses. In case of refusal of the person subjected to the inspection, the owner of the things subjected to the inspection, from signing the protocol, a corresponding entry is made in it.

2. The inspection of living persons is carried out by the officials listed in Article 787 of this Code. The examination of living persons is performed by a person of the same sex as the person being examined and in the presence of two witnesses of the same sex.

The inspection of objects in the possession of a living person, that is, an examination carried out without violating their constructive integrity, is carried out by authorized officials listed in Article 787 of this Code in the presence of the person in whose possession or possession these things are, and with the participation of two witnesses.

In exceptional cases, if there are grounds to believe that a living person is carrying weapons or other objects that can be used to harm the life and health of others, an inspection may be carried out without witnesses and notified within twenty-four hours by the prosecutor.

3. The inspection of the area, objects, goods imported into the territory of the Republic of Kazakhstan, as well as documents transported through the territory of the Republic of Kazakhstan, with the exception of those specified in the second part of this Article, is carried out with the participation of witnesses. In exceptional cases (in a remote area, in the absence of appropriate means of communication, or when, for other objective reasons, it is not possible to involve individuals as witnesses), an inspection may be carried out without the participation of witnesses, but with the use of technical means to record its progress and results.

4. If necessary, the examination is carried out with the participation of the offender, the victim, witnesses, as well as a specialist.

5. The inspection of the detected traces and other material objects is carried out at the place of the administrative offense. If additional time is required for inspection or the inspection at the detection site is significantly difficult, the objects can be removed and packed, sealed, and undamaged to another place convenient for inspection.

6. Everything found and seized during the inspection must be presented to the witnesses and other participants in the inspection, as indicated in the protocol.

7. Only those objects, as well as goods imported into the territory of the Republic of Kazakhstan, as well as those transported through the territory of the Republic of Kazakhstan, which may be relevant, are subject to seizure. The seized objects and goods are packed, sealed and certified with the signatures of an authorized official and witnesses.

8. Persons participating in the inspection have the right to draw the attention of an authorized official to anything that, in their opinion, may contribute to clarifying the circumstances of the case.

9. If necessary, measurements are made during the inspection, plans and diagrams of the objects being examined are drawn up, as well as photographing and imprinting by other means, which is noted in the protocol to which the specified materials are attached.

10. A copy of the inspection report is given to the person in respect of whom the case is being conducted, or to his representative.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases