Article 829-14. Decisions taken based on the results of consideration of an administrative offense case, complaint, protest against a decision on an administrative offense case, an order on the need to pay a fine, a decision of a higher authority (official) on a complaint, protest of the Code of the Republic of Kazakhstan On Administrative Offenses
1. Having considered the case of an administrative offense, complaint, protest, the court issues one of the following decisions on:
1) imposition of an administrative penalty;
2) termination of the proceedings on the case;
3) leaving the resolution or regulation unchanged, and the complaint or protest without satisfaction;
4) amendment of the resolution;
5) cancellation of the resolution, instruction and termination of the case;
6) the cancellation of the resolution, the order and the issuance of a new ruling on the case.
2. The decision provided for in this article must be lawful and justified.
If, when deciding whether to impose a penalty for an administrative offense, the judge simultaneously decides whether to compensate the guilty for property damage, then the decision shall specify the amount of damage to be recovered, the term and procedure for its compensation.
The court's decision on the expulsion of a foreigner or stateless person from the Republic of Kazakhstan specifies the period during which the foreigner or stateless person must leave the territory of the Republic of Kazakhstan.
A court decision on the expulsion of a foreigner or stateless person from the Republic of Kazakhstan may be appealed, as well as reviewed at the appeal request of the prosecutor by a higher court in accordance with the procedure provided for in Chapter 45 of this Code.
3. The resolution must specify the information, as well as resolve the issues provided for in Article 822 of this Code.
4. Having recognized, as a result of consideration of the case, complaint, protest, an incorrect legal assessment of the deed, the court is obliged to change the qualification of the offense to an article of the law providing for a less severe administrative penalty.
5. When the driver of a vehicle is sent to take an exam to test his knowledge of the rules of the road, a resolution is issued on the direction to test his knowledge of the rules of the road, a copy of which is issued to the person sent to take the exam.
6. When the owner and (or) user of civilian and service weapons is sent to take an exam to verify knowledge of the rules for the safe handling of civilian and service weapons, a resolution is issued to verify knowledge of the rules for the safe handling of civilian and service weapons, a copy of which is issued to the person sent to take the exam.
6-1. Special requirements for the offender's behavior may be established in a resolution based on article 54 of this Code.
7. A decision to terminate the proceedings in a case shall be issued in the following cases::
1) the existence of circumstances precluding the proceedings in the case provided for in Article 741 of this Code;
2) the existence of circumstances that make it possible not to bring to administrative responsibility provided for in Article 742 of this Code;
3) transfer of the case file to the relevant authorities to resolve the issue of bringing a person to disciplinary responsibility in accordance with Article 32 of this Code.
8. A decision issued based on the results of consideration of a case, complaint, or protest shall be drawn up in writing and signed by the judge who issued such a decision, or in the form of an electronic document certified by the electronic digital signature of the judge who issued such a decision.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the 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
