Article 881. Sending requests for information and documents and instructions on carrying out certain procedural actions of the Code of the Republic of Kazakhstan on Administrative Offenses
1. Requests for the provision of information and documents, orders for the conduct of certain procedural actions may be sent between courts, authorities (officials) in cases provided for by international treaties ratified by the Republic of Kazakhstan.
2. In cases where it is impossible to determine which court or authority to send a request for information and documents, or an order to conduct certain procedural actions, they are sent to the central authority of the requested Party.
3. A request for information and documents, as well as an order to conduct certain procedural actions, shall be made in writing on the letterhead of the authority and must contain:
1) the name of the requested authority of the relevant Party;
2) the name of the requesting authority of the relevant Party;
3) a detailed description of the offense and other related facts, information on the value of the goods, the amount of damage, and the legal qualification of the act in accordance with the legislation of the requesting Party, with the text of the applicable law attached.;
4) the names, patronymics (if any) and surnames of the persons in respect of whom proceedings are being conducted on an administrative offense, witnesses, their place of residence or place of stay, nationality, occupation, place and date of birth, for legal entities – their full name and location (if available). information);
5) the order for the delivery of the document must also indicate the exact address of the recipient and the name of the document being served.;
6) a list of information and actions to be submitted or executed (in order to conduct a survey, it is necessary to indicate which circumstances should be clarified and clarified, as well as the sequence and wording of the questions to be put to the interviewee).
4. A request for the provision of information and documents, or an order to conduct certain procedural actions may also contain:
1) indication of the deadline for the required measures;
2) a request to carry out the activities specified in the request in a certain order;
3) a request for an opportunity for representatives of the authorities of the requesting Party to be present at the performance of the activities specified in the request, as well as, if this does not contradict the legislation of the Parties, to participate in their implementation.;
4) other petitions related to the execution of a request or assignment.
5. A request for the provision of information and documents, an order for the conduct of certain procedural actions, shall be signed by the head of the requesting body or his deputy. The request or instruction must be accompanied by available copies of documents referenced in the text of the request or instruction, as well as copies of other documents necessary for their proper execution.
6. The authorities of the Parties may send procedural documents by mail directly to the participants in the proceedings on administrative offenses located on the territory of the other Party.
7. It is allowed to send a repeated request for the provision of information and documents, instructions for carrying out certain procedural actions in cases of administrative offenses, if necessary, to obtain additional information, clarify information received as part of the execution of the previous request or instruction.
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
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