Article 826-3. Consideration of a complaint, protest against a decision on an administrative offense case, an order on the need to pay a fine of the Code of the Republic of Kazakhstan on Administrative Offenses
1. A complaint, a protest against a ruling on an administrative offense, an order on the need to pay a fine are subject to consideration within ten days from the date of their receipt.
2. The higher authority (official), having begun consideration of the complaint, protest against the decision on the case of an administrative offense, the order on the need to pay a fine:
1) announces who is considering the complaint, protest, which complaint, protest is subject to consideration; by whom the complaint, protest was filed; finds out whether the consideration of the complaint, protest falls within his competence; if the consideration of the complaint, protest does not fall within his competence, sends them with all the case materials according to their jurisdiction;
2) certifies the appearance of the person against whom the decision on the case was made, the order was issued, or his representative, as well as the persons called to participate in the consideration of the complaint, protest;
3) verifies the powers of the participants in the proceedings and their legal representatives;
4) finds out the reasons for the non-appearance of the participants in the proceedings and decides whether to consider the complaint or protest in their absence or to postpone consideration of the complaint or protest.;
5) explains to the persons participating in the consideration of the complaint, protest, their rights and obligations;
6) announces a complaint, a protest against the decision on the case of an administrative offense, an order on the need to pay a fine, and, if necessary, other materials of the case.;
7) resolves the filed challenges and petitions, establishes other circumstances necessary for a full, comprehensive and objective consideration of the complaint or protest.
3. When considering a complaint or protest against a ruling in an administrative offense case, or an order for the payment of a fine, the legality and validity of the ruling and instructions are checked based on the materials available in the case and additionally submitted. A higher authority (official) has the right to establish new facts and investigate new evidence.
When considering a case of an administrative offense, the body (official) is obliged to find out whether an administrative offense has been committed, whether this person is guilty of its commission, whether he is subject to administrative responsibility, whether there are circumstances mitigating and aggravating liability, whether property damage has been caused, the circumstances provided for in Articles 741 and 742 of this Code, as well as find out other circumstances that are important for the proper resolution of the case.
4. A higher authority (official) has the right to postpone consideration of a complaint or protest in connection with the request for additional materials on the case, the appointment of an expert examination and in other cases when this is necessary for a full, comprehensive and objective consideration of the complaint or protest.
5. In case of receipt of petitions from participants in the proceedings on an administrative offense or the need for additional clarification of the circumstances of the case, the time limit for consideration of the complaint or protest may be extended by a higher authority (official) considering the case, but not more than ten days. The body (official) is obliged to suspend the period of consideration of a complaint or protest if it is impossible to consider them before resolving another case being considered in civil, criminal, administrative proceedings or proceedings on administrative offenses, as well as in the case of an appeal against the results of tax and (or) customs inspections, on the basis of which an administrative offense case was initiated, to a higher authority or when sending a request to a government agency on issues relevant to the case. The decision to suspend or extend the term is made in the form of a ruling.
5-1. In case of the introduction of a state of emergency or martial law throughout the territory of the Republic of Kazakhstan or in its individual localities, the time limit for consideration of a complaint, protest against a ruling on an administrative offense, or an order to pay a fine may be suspended until the end of the state of emergency or martial law.
6. If a complaint or protest against a ruling on an administrative offense, or an order to pay a fine, has been received simultaneously by the court and a higher authority (official), then the complaint or protest filed with the higher authority must be sent to court.
President
Republic of Kazakhstan
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