Article 8. Legality of the Code of the Republic of Kazakhstan On Administrative Offences

Home / RLA / Article 8. Legality of the Code of the Republic of Kazakhstan On Administrative Offences

1. Administrative offences, measures of administrative punishment, measures to ensure proceedings in the case of an administrative offence and measures of administrative and legal impact are determined only by this Code. No one may be subjected to administrative penalties, administrative and legal measures, or measures to ensure proceedings in the case of an administrative offense, except on the grounds and in accordance with the procedure established by this Code.

2. The court, bodies (officials) authorized to consider cases of administrative offenses, in proceedings on cases of administrative offenses, are obliged to strictly comply with the requirements of the Constitution of the Republic of Kazakhstan, this Code, and other regulatory legal acts specified in Article 1 of this Code. The Constitution of the Republic of Kazakhstan has the highest legal force and direct effect on the entire territory of the Republic of Kazakhstan. In case of a conflict between the rules established by the law and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall apply.

3. Courts may not apply laws and other regulatory legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan. If the court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Court of the Republic of Kazakhstan with a motion declaring this act unconstitutional. Upon receipt by the court of the decision of the Constitutional Court, the proceedings in the case are resumed.

Decisions of courts and bodies (officials) authorized to consider cases of administrative offenses based on a law or other normative legal act recognized as unconstitutional are not subject to execution.

4. Violation of the law by a court, bodies (officials) authorized to consider cases of administrative offenses in proceedings on cases of administrative offenses is unacceptable and entails liability established by law, invalidation of adopted acts and their cancellation.

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