Article 803. Protocol on an administrative offense of the Code of the Republic of Kazakhstan on Administrative Offenses

Home / Codes / Article 803. Protocol on an administrative offense of the Code of the Republic of Kazakhstan on Administrative Offenses

1. A protocol on an administrative offense shall be drawn up in writing by an authorized official, with the exception of the cases provided for in Article 807 of this Code. Along with the written form, the electronic form of the protocol on an administrative offense may be used.

2. The protocol on an administrative offense states:

1) date and place of drawing up the protocol;

2) the position, surname and initials of the person who drew up the protocol;

3) information about the person against whom the case has been initiated (for individuals – surname, first name, patronymic (if any), date of birth, place of residence, name and details of the identity document, identification number, place of work, telephone, fax, cellular telephone number and (or) electronic address (if any); for legal entities – name, location, number and date of state registration (re-registration) of the legal entity, identification number and bank details, telephone, fax, cellular telephone number and (or) e-mail address (if any);

4) the place, time and nature of the administrative offense;

5) the article of the Special Part of Section 2 of this Code, which provides for administrative liability for this offense; surnames, first names, patronymics (if any), addresses of witnesses and victims, if any;

6) an explanation from an individual or a representative of a legal entity against whom a case has been initiated; the name, serial number of the technical means operating in automatic mode, and for technical means classified in accordance with the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements to measuring instruments, as well as the number, date and duration of the metrological verification, if such a tool was used to detect or fix an administrative offense;

7) other information necessary for the resolution of the case, including the time and place of consideration of the case of an administrative offense, as well as documents confirming the commission of an administrative offense.

3. When drawing up a protocol on an administrative offense, the language of the proceedings is determined. The person against whom the case has been initiated, as well as other participants in the proceedings in the case, shall be informed of their rights and obligations provided for in this Code, as indicated in the protocol.

When drawing up a protocol on an administrative offense, the defender or the legal representative of a minor against whom proceedings on an administrative offense are being conducted, explains their right to apply for the transfer of the case to the jurisdiction of a specialized district and equivalent court for administrative offenses, and in his absence on the territory of the relevant administrative-territorial unit – in the district (city) court.

When drawing up a protocol on an administrative offense, the defender or the legal representative of a minor against whom proceedings on an administrative offense are being conducted, explains their right to apply for the transfer of the case to a specialized administrative court, and in the absence of a specialized administrative court in the territory of the relevant administrative-territorial unit – to the district (city) court..

4. The protocol on an administrative offense shall be signed by the person who drafted it and the person (representative of the person) against whom the proceedings on the administrative offense are being conducted, with the exception of the cases provided for in this article. In the presence of victims and witnesses, as well as in cases of witness participation, the protocol is also signed by these persons.

5. In case of absence or non-appearance of a duly notified person against whom a case has been initiated, the protocol on an administrative offense is signed by the person who drafted it, with a note in it about the absence or non-appearance of the person against whom the case has been initiated.

6. In case of refusal to accept, against receipt, the protocol on the case of an administrative offense by the person against whom the case of an administrative offense has been initiated, an appropriate entry is made in the protocol by the person who drafted it.

7. An individual or a representative of a legal entity against whom a case has been initiated should be given the opportunity to review the protocol on an administrative offense. These persons have the right to provide explanations and comments on the content of the protocol, as well as to state the reasons for their refusal to sign it, which are attached to the protocol. If these persons refuse to sign the protocol on an administrative offense, a corresponding entry is made in it. The fact that the protocol has been signed by the person against whom the case has been initiated indicates that the person has familiarized himself with the protocol and does not constitute an admission of his guilt in committing an administrative offense.

8. To an individual or a representative of a legal entity against whom a case has been initiated, as well as to the victim, a copy of the protocol on an administrative offense shall be handed over against receipt immediately after it is drawn up, with the exception of the cases provided for in part nine of this article.

When drawing up the protocol in electronic form, the authorized person informs the participants of the proceedings on the case about its placement on the web portal of the digital government and (or) the digital service of the authorized body in the field of legal statistics and special accounting. At the request of the person (representative of the person) against whom proceedings on an administrative offense are being conducted, a copy of the protocol shall be submitted immediately by delivery on paper or by sending to the postal or e-mail address indicated by him, as well as in any other way provided for by the procedure for maintaining the Unified Register of Administrative Proceedings.

9. A protocol on an administrative offense in cases where it is drawn up in the absence of the person against whom the case has been initiated on the grounds provided for in subparagraph 4) the first part of Article 802 of this Code, as well as the fifth part of this Article, shall be sent by registered mail within two days after its compilation, notifying the person against whom the case has been initiated, or in the form of an electronic document certified with an electronic digital signature. The fact of non-return of the protocol within three days from the date of receipt by the person against whom the case is initiated is recognized as a refusal to sign it, which is recorded in a copy of the protocol.

President

Republic of Kazakhstan

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