Calculation of time limits of the Republic of Kazakhstan "On Legal Acts" the period of time determined by the time period begins on the day following the calendar date or the occurrence of
By the decree of the Acting Head of the 3rd OTPC "Astana" of the 2014 military unit of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan N. dated April 24, 2018, Sh. He was brought to administrative responsibility under part 3 of Article 517 of the Code of Administrative Offences of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code) with the imposition of an administrative penalty in the form of a warning. By the resolution of the specialized interdistrict Administrative Court of Astana city dated January 8, 2019, the official's decision remained unchanged. By the decision of the Astana City Court dated February 6, 2019, the decision of the court of first instance was also left unchanged. In the protest, the Deputy Prosecutor General of the Republic of Kazakhstan proposes to review the decisions that have entered into force in cassation due to a violation of uniformity in the interpretation and application of legal norms by the courts, pointing out the unreasonableness of bringing a foreign citizen to administrative responsibility, since his visa-free stay in the Republic of Kazakhstan has not expired. The protest arguments that the adopted judicial acts violate the uniformity in the interpretation and application of legal norms by the courts deserve attention for the following reasons. According to the case file, a citizen of the Republic of Turkey, Sh., has been married to a citizen of the Republic of Kazakhstan, Sh., since 2011, with whom he is raising three children.
Calculation of time limits of the Republic of Kazakhstan "On Legal Acts" the period of time determined by the time period begins on the day following the calendar date or the occurrence of
In February 2017, Sh. applied to the Consulate General of the Republic of Kazakhstan to obtain a residence permit, until the completion of which he is forced to periodically leave the territory of Kazakhstan. Once again, Sh. He entered the territory of the Republic of Kazakhstan on March 25, 2018 at 23:06 hours. In order to comply with the requirements of migration legislation, he purchased an Astana–Istanbul flight ticket departing on April 24, 2018 at 18:45 hours. However, on April 24, 2018 at 17:08 p.m. He was detained by employees of the Astana Branch for violating migration legislation, which resulted in not leaving the country within three days after the expiration of the period specified in the visa or during registration in the migration card. According to paragraph 17 of the "Rules of Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan", approved by Resolution No. 148 of the Government of the Republic of Kazakhstan dated January 21, 2012 (hereinafter referred to as the Rules), citizens of the Republic of Turkey enter the Republic of Kazakhstan and leave the Republic of Kazakhstan without visas if their stay in The Republic of Kazakhstan does not exceed thirty calendar days from the moment of crossing the State border of the Republic of Kazakhstan. According to paragraphs 2 and 3 of Article 14 of the Law of the Republic of Kazakhstan "On Legal Acts", the period determined by the time period begins on the day following the calendar date or the occurrence of the event that determines its beginning. Therefore, the calculation of this period begins at 00.01 hours of the day following those during which the immigrant crossed the State Border of the Republic of Kazakhstan or arrived at the receiving person. This feature of the beginning of the calculation of the length of stay of immigrants is explained in paragraph 19 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 7 "On certain issues of the application by courts of the norms of the Special Part of the Code of Administrative Offences of the Republic of Kazakhstan". Whereas paragraph 20 of the same regulatory resolution, which was referred to by the authorized body and the courts when making rulings, indicates a parallel, independent calculation of the period of visa-free stay and the period of stay on a visa and the inadmissibility of their addition.
Taking into account the stated provisions of the legislation, April 24, 2018 should be considered the thirtieth day of Sh's stay. on the territory of the Republic of Kazakhstan. Thus, the length of stay of S. on the territory of the Republic of Kazakhstan, it complies with the requirements of paragraph 17 of the Rules, which means that there is no composition of an administrative offense provided for in Part 3 of Article 517 of the Administrative Code. In accordance with subparagraph 2) In part 1 of Article 741 of the Administrative Code, proceedings on an administrative offense may not be initiated, and those initiated are subject to termination in the absence of an administrative offense. The specialized judicial Board of the Supreme Court overturned the decision of the acting head of the 3rd Branch Office of Astana N. and judicial acts of local courts. Proceedings in the case of an administrative offense against a Turkish citizen Sh. according to part 3 of Article 517 of the Administrative Code, it was terminated due to the absence of an administrative offense. The protest of the Deputy Prosecutor General of the Republic of Kazakhstan is satisfied.
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