Article 804. Officials authorized to draw up protocols on administrative offenses of the Code of the Republic of Kazakhstan On Administrative Offenses

Home / Codes / Article 804. Officials authorized to draw up protocols on administrative offenses of the Code of the Republic of Kazakhstan On Administrative Offenses

1. In cases of administrative offences considered by the courts, protocols on administrative offences may be drawn up by authorized officials.:

1) bodies of internal affairs (articles 73, 73-3, 80-1 (parts two, four and five), 127, 127-2, 128, 130, 131, 133, 134, 147-1,149, 150, 154, 156-1 ( parts two and three), 160 (part two), 190 (parts second, third and fourth), 200, 282 (parts three and four), 381-1, 382 (parts two and three), 383 (parts three and four), 395 (part two), 398, 416 (for violations of safety requirements for civilian and service weapons and ammunition, chemical products related to the trafficking of narcotic drugs, psychotropic substances and precursors, civil pyrotechnic substances and products with their use), 423, 423-1, 427, 433 ( Part two), 434, 434-2, 435, 436, 438 ( parts two and three), 440 (part three), 440-1, 442 (part three), 443 (part two), 443-1 (part two), 444 (part one), 446, 448, 449 (parts two and three), 450 (part two), 453, 456-2 (parts three, 3-1, fourth, fifth, sixth and seventh), 461, 462, 463, 476, 477, 478, 479, 480 (part two), 481, 482, 483, 485 ( part two), 488, 489 (parts two, three and four), 490 (parts one and three), 495 (part two), 496 (parts two and three), 506, 510 (part four), 512 (Part two), 513 (part two), 514 (part two), 517 (parts two, four, five, six and seven), 590 (parts 2-1, four and 4-1), 596 (parts three, 3-1 and 4-1), 598 (part two), 603 (parts one and two), 606 (part two), 607 (parts two and three), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, third, 3-1, fourth, fifth, ninth, tenth and eleventh), 615 (part four), 621 (part three), 654 (regarding offenses provided for in articles 590, 591, 592, 594,595,596,597,598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, 613), 662, 663, 665, 667, 669, 674, 675);

2) the authorized body in the field of civil protection (416 (on violations of safety requirements for machinery and equipment, chemical products in terms of fire and explosion hazard), 433 (part two), 438 (part two), 462);

3) commandant's offices of certain localities (articles 476, 478);

4) military police bodies of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan provided for in Articles 73, 154, 434, 434-2, 436, 440 ( part three), 444 (Part one), 479, 482, 483, 488, 506, 590 ( parts 2-1, four and 4-1), 596 (parts three and 4-1), 598 (Part two), 603 (parts one and two), 606 (part two), 607 (parts two and three), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, fourth, fifth, ninth, tenth and eleventh), 615 (part four), 621 (part three), 652, 667, 676, 677, regarding the commanders (chiefs) of military units (institutions) in accordance with Articles 680, 681 of this Code, with the exception of the persons specified in subitems 5) and 6) of this part;

5) military police bodies of the National Security Committee of the Republic of Kazakhstan on offenses committed by persons driving vehicles of special state bodies provided for in 590 (parts 2-1, four and 4-1), 596 (parts three and 4-1), 598 (part two), 603 (parts one and two), 606 (part two), 607 (parts two and three), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, fourth, fifth, ninth, tenth and eleventh), 615 (part four), 621 (part three), committed by military personnel of the national security bodies of the Republic of Kazakhstan under Articles 434, 434-2, 652, 667, committed by employees, employees and military personnel of the national security bodies of the Republic of Kazakhstan under Articles 440 (part three), 444 (part one), as well as against other persons under Article 506, against officials of military units under articles 676, 677, 680, 681 of this Code;

6) military police bodies of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and conscripts called up for training provided for in Articles 434-2, 506, 590 (part four), 596 (parts three and 4-1), 598 (part two), 603 (parts one and two), 606 (part two), 607 (parts two and three), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, fourth, fifth, ninth, tenth and eleventh), 615 (part four), 621 (part three), 652, 667, 676, 677, as well as in relation to the commanders of military units under Articles 680, 681 of this Code;

7) the authorized body in the field of protection and use of the water fund (360 (part one), 462);

8) the authorized body in the field of veterinary medicine (articles 415 (part two), 416 (on violations of safety requirements for food products subject to veterinary and sanitary control and supervision), 462, 463);

9) authorized bodies in the field of forestry, protection, reproduction and use of wildlife, protection, protection, restoration and use of flora, specially protected natural territories (articles 160 (part two), 381-1 (parts two and three), 382 (parts two, three), 385 (part two), 389 (excluding fish resources and other aquatic animals), 396 (part two), 398, 462, 463);

9-1) authorized bodies in the field of protection, reproduction and use of fish resources and other aquatic animals (articles 160 (part two), 382 (parts two and three), 383 (parts three and four), 389 (regarding fish resources and other aquatic animals), 392 (part three), 395 (part two), 396 (part two), 398, 462, 463);

10) the authorized body in the field of environmental protection (articles 139 (part two), 327-2 (part two), 328 (parts three and four), 331 (part four), 344 (parts one and 4-1), 416 (on violations of safety requirements for chemical products), 462);

11) state control bodies in the field of subsurface exploration (Articles 416, 462);

12) the authorized body in the field of culture (Article 145);

13) the authorized body in the field of tourism activities (articles 462, 463, 465);

14) the authorized body in the field of gambling (articles 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth), 444 (part one), 462);

14-1) the authorized body in the field of lottery and lottery activities (Article 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth));

15) plant quarantine and protection authorities (articles 400 (part two), 415 (part two) (on violations of the requirements of technical regulations in the field of pesticide turnover), 416 (on violations of the requirements of technical regulations in the field of pesticide turnover), 462);

16) authorities in the field of seed production and regulation of the grain market (Article 462);

17) the local executive body of the regions, cities of republican significance and the capital (Article 169 (parts two, seven, thirteen (regarding the production of biofuels);

18) the authorized body in the field of biofuel turnover (Article 169 (parts ten, eleven, twelve, thirteenth (regarding biofuel turnover), fourteenth);

19) the authorized body in the field of livestock breeding (articles 407 (parts two and three), 462, 463);

20) the authorized body in the field of agriculture (Article 416 (on violations of safety requirements for machinery and equipment, chemical products);

21) bodies of state architectural and construction control and supervision (Articles 319, 462, 463);

22) the state body in the field of sanitary and epidemiological welfare of the population (articles 193 (parts two and three), 282 (parts three and four), 416 (on violations of safety requirements for food, toys, chemical products), 425 (part two), 433 (part two), 462, 463, 476);

23) the authorized body in the field of informatization and communications (articles 134, 214 (parts one, two, three, four, fifth, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth) (when these violations are committed by persons engaged in activities related to issuance of digital assets, organization of trading in them, as well as the provision of services for the exchange of digital assets for money, valuables and other property), 416 (on violations of security requirements for communications), 462, 463, 638 (part two);

23-1) the authorized body in the field of information security (Articles 462, 463);

24) the authorized body in the field of civil aviation (articles 462, 563 (part two), 564 (part five), 569 (parts one, two and four);

25) the authorized body in the field of transport and communications (articles 416 (on violations of safety requirements for machinery and equipment, chemical products), 462, 463;

26) transport control authorities (articles 462, 463, 613 (parts one, three, 3-1));

27) bodies of the Ministry of Finance of the Republic of Kazakhstan (articles 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth) (when these violations are committed by auditors, auditing organizations), 245, 246, 247 (part eleven), 462);

27-1) the financial monitoring authority (Articles 214 (part nineteen) (when these violations are committed by legal consultants, independent legal experts, individual entrepreneurs and legal entities engaged in leasing activities as a lessor without a license, providing intermediary services in the implementation of transactions for the purchase and sale of real estate, transactions with precious metals and precious stones, jewelry made from them, accounting organizations and professional accountants, those engaged in business activities in the field of accounting, the Government for Citizens State Corporation and cellular operators), 462, 463 (when these violations were committed by legal consultants, independent legal experts, individual entrepreneurs and legal entities engaged in leasing activities as a lessor without a license, providing intermediary services in the implementation of purchase transactions-sales of real estate, carrying out operations with precious metals and precious stones, jewelry made from them, the Government for Citizens State Corporation and cellular operators);

28) excluded by the Law of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (effective after ten calendar days after the date of its first official publication); 29) excluded by the Law of the Republic of Kazakhstan dated 10.01.2025 No. 155-VIII (effective after sixty calendar days after the date of its first official publication).

30) the authorized body for combating corruption (articles 154, 173, 439, 658, 659, 660, 661, 662, 665, 667, 676, 677, 678, 679, 680, 681);

31) state revenue authorities (articles 151 (part two), 154, 158, 174 (part two), 176-1, 246 (parts five and six), 251, 281 (parts four, five and six), 282 (parts three, four, six, seven, eleven and thirteen), 283, 283-1 (parts five and six), 357, 462, 463, 489 ( parts five, six, seven and eight), 528 (part 1-1), 532 (part two), 543 (parts three and four), 544, 545, 548 (part two), 549 550, 551 (part three), 552 (part two), 590 (part four), 654, as well as for administrative offenses, committed at automobile checkpoints across the State Border of the Republic of Kazakhstan, provided for in Article 425 (Part two);

32) the authorized body in the field of industrial safety (articles 416 (on violations of safety requirements for machinery and equipment, chemical products in terms of fire and explosion hazard), 462);

33) bodies of justice (articles 158, 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth), 462, 668 , 668-1);

34) bodies that are licensors or authorized to issue permits of the second category in accordance with the legislation of the Republic of Kazakhstan (319, 392 (part three), 462, 463, 465, 621 ( part three);

35) the authorized body responsible for the management of natural monopolies (articles 171 (parts one and three (on exceeding the marginal price of retail sales of petroleum products), 462);

36) the authorized body for entrepreneurship (Articles 175, 462, 465);

37) bodies in the field of technical regulation and ensuring the uniformity of measurements and their territorial bodies (articles 415 (part two), 462, 463);

38) bodies for state energy supervision and control (Articles 462, 463);

39) the authorized body in the field of regulation of industrial policy (Article 416 (on violations of safety requirements for machinery and equipment, chemical products, toys);

40) the authorized body in the field of regulation of trade activities (articles 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth), 462);

41) the authorized state body in the field of state registration of legal entities, acts of civil status (articles 462, 463);

42) the authorized body in the field of hydrocarbons (170 (parts ten and twelve), 171 (parts two and three (on exceeding the marginal prices of wholesale sales of commercial or liquefied petroleum gas), 356 (part fourteen), 462 (parts one, two, three and four), 463);

42-1) the authorized body in the field of solid minerals (Article 462 (part three);

42-2) the authorized body in the field of uranium mining (Article 462 (part three);

43) the authorized body in the field of atomic energy use (articles 416 (on violations of safety requirements for machinery and equipment established by technical regulations on nuclear and radiation safety), 462, 463);

44) The Border Service of the National Security Committee of the Republic of Kazakhstan (articles 382 (parts two and three), 383 (parts three and four), 395 (part two), 396 (part two), 506, 510 (part four), 512 (part two), 513 (part two), 514 (part two), 516, 517 (parts two, four, six and seven);

45) national security agencies (articles 453 (parts two and three) (for offences related to state secrets), 462, 477, 667);

46) The State Security Service of the Republic of Kazakhstan during security measures (Articles 149, 425 (part two), 436, 477, 479, 482, 488, 506, 606 ( part two), 652 (parts one, two, three, four and six) on administrative offenses committed by military personnel of the State Security Service. protection of the Republic of Kazakhstan), 667);

47) The Supreme Audit Chamber of the Republic of Kazakhstan and the audit commissions of regions, cities of republican significance, and the capital (Articles 234-1 and 462);

48) State labour inspection bodies (Article 462);

49) the authorized body in the field of education (127, 127-1, 127-2, 134, 409 ( parts 7-8), 462, 463);

49-1) the authorized body in the field of science and higher education (articles 462 and 463);

50) local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance (articles 134, 145, 156-1, 294 (parts one and two), 381-1, 382 (parts two and three), 383 (parts three and four), 434-2, 451 (part seventeen), 453, 456-3 (part two), 462, 463, 489-1, 490);

50-1) the authorized body in the field of interaction with non-governmental organizations (Article 489-1);

51) the antimonopoly authority (articles 159 (parts one, two, three, 3-1 and four), 160 (part two);

52) the state body in the field of medical services (assistance) (80 (part 2-2), 81 (part two), 82 (part two), 127-1, 424 (parts three and five), 424-1 (on violation of the procedure for the use of new methods and means of prevention, diagnosis, treatment and medical rehabilitation), 433 (part two), 462, 463);

53) the body in the field of circulation of medicines and medical devices (articles 424-1 (on violation of the procedure for conducting clinical trials), 426 (parts two, three and four), 462 and 463);

54) excluded by the Law of the Republic of Kazakhstan dated December 30, 2019 No. 300-VI (effective ten calendar days after the date of its first official publication);

55) the authorized state body in the field of religious activity (Article 490 (parts two, six and eight (when these violations are committed by officials of central state bodies);

56) state bailiffs (articles 665, 667, 669 (part one), 673);

57) bailiffs and other court staff authorized by the chairman of the court or the chairman of the court session (articles 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 673);

58) authorized by akims of regions (cities of republican significance, the capital) (Article 656);

59) the authorized body in the field of postal communications (articles 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth), 462);

60) the authorized body for civil service affairs (articles 154, 173, 462 (parts three and four), 465, 661, 681);

61) correctional institutions or pre-trial detention facilities (article 481);

62) the authorized body in the field of mass media (articles 134 (except for subjects of erotic content), 156-1 (parts one and three), 451 (parts one, two, three, eight and nine), 462, 463);

63) bodies exercising state control over the use and protection of lands (Article 462);

64) the authorized body in the field of consumer rights protection and its territorial bodies (articles 193 (part three), 462);

65) the authorized body in the field of protection of children's rights of the Republic of Kazakhstan (articles 127, 127-1, 127-2, 130, 462);

66) social protection authorities of the Republic of Kazakhstan (Articles 127-1, 462);

67) the body exercising state control in the field of energy conservation and energy efficiency improvement (Articles 462, 463);

68) Economic investigation services (articles 658, 659, 660, 661, 662, 665, 667).

69) the Office of the Constitutional Court of the Republic of Kazakhstan (Article 653-1).

70) the authorized body in the field of state statistics (Article 462).

2. In cases of administrative offenses considered by the courts, authorized employees of the National Bank of the Republic of Kazakhstan also have the right to draw up protocols on administrative offenses (Articles 214 (parts one, two, three, four, five, eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth) (in relation to legal entities, operating exclusively through exchange offices based on the license of the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, payment organizations), 462, 463).

2-1. In cases of administrative offences considered by the courts, protocols on administrative offences may also be drawn up by authorized employees of the authorized body for regulation, control and supervision of the financial market and financial organizations (Articles 214 (parts one, two, three, four, fifth, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth) (in relation to the National Postal Operator and financial organizations (with the exception of legal entities, operating exclusively through exchange offices based on the license of the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, and legal entities whose exclusive activity is the collection of banknotes, coins and valuables, payment organizations), 245, 462, 463).

3. In cases of administrative offenses, the consideration of which is attributed to the jurisdiction of the bodies specified in Articles 685-735-1 of this Code, the authorized officials of these bodies have the right to draw up protocols on offenses. In addition, protocols on administrative offenses have the right to draw up:

1) officials of the authorized body in the field of transport and communications (articles 230 (part two) (when these violations are committed by passenger carriers), 581 (part two), 582, 583 (part three), 586, 621 (part four), 622 (part one), 623, 625 (for committing offenses in road transport and urban rail transport);

2) officials of specialized organizations of authorized bodies in the field of forestry, protection, reproduction and use of wildlife and protection, protection, restoration and use of flora (articles 138, 142, 143, 337 (parts one and two), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 380-1, 381, 382, 383, 385 ( part one), 394 (parts one and two), 395 (part one), 396 (part one);

3) huntsmen, directors of hunting and fishing farms responsible for the protection of wildlife (articles 382, 383 (parts one, two, three and four);

4) officials of the State Security Service of the Republic of Kazakhstan during security measures (articles 297, 485, 504, 614, 675);

5) officials of the military police bodies of the Armed Forces of the Republic of Kazakhstan in relation to military personnel and employees of the Armed Forces of the Republic of Kazakhstan (Articles 437, 440 (parts one and two), 441, 444 (part two), 484, 485).

6) officials of the military police bodies of the National Security Committee of the Republic of Kazakhstan in relation to employees, employees and military personnel of the national security bodies of the Republic of Kazakhstan (Articles 437, 440 (parts one and two), 444 (part two).

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Republic of Kazakhstan

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