Article 862. Persons entitled to compensation for damage caused as a result of illegal actions of a court, body (official) authorized to consider cases of administrative offenses of the Code of the Republic of Kazakhstan On Administrative Offenses

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Article 862. Persons entitled to compensation for damage caused as a result of illegal actions of a court, body (official) authorized to consider cases of administrative offenses of the Code of the Republic of Kazakhstan On Administrative Offenses

1. The damage caused to a person as a result of the illegal application of measures to ensure the proceedings in the case is reimbursed from the republican budget in full, regardless of the fault of the judge, the body (official) authorized to consider cases of administrative offenses.

2. The following persons have the right to compensation for damage caused as a result of illegal actions of a judge, body (official) authorized to consider cases of administrative offenses:

1) the persons specified in the first part of Article 745 of this Code;

2) persons in respect of whom the proceedings should not have been initiated, but were subject to termination on the grounds provided for in subparagraphs 1) – 7) and 11) of the first part of Article 741 of this Code, if the proceedings were initiated despite the existence of circumstances precluding proceedings on an administrative offense, or It has not been discontinued since they were identified.

3. In the event of the death of an individual, the right to compensation for damage in accordance with the established procedure passes to his heirs.

4. The damage is not subject to compensation to a person if it is proved that during the proceedings in the case by voluntary self-incrimination he prevented the establishment of the truth and thereby contributed to the onset of the consequences specified in the first part of this article.

5. The rules of this article, in the absence of the circumstances specified in subparagraph 2) of part two of this article, shall not apply to cases when administrative penalties and other administrative and legal measures imposed on a person have been lifted or changed due to the expiration of the statute of limitations, the adoption of a law eliminating administrative liability or mitigating administrative penalties.

President

Republic of Kazakhstan

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