Comment to Article 154. Engaging in entrepreneurial activity by a person who is prohibited by the legislation of the Republic of Kazakhstan from carrying out such activities The Code of the Republic of Kazakhstan on Administrative Offences
Engaging in entrepreneurial activity by a person who is prohibited by the legislation of the Republic of Kazakhstan from carrying out such activities, -
entails a fine on individuals in the amount of two hundred monthly calculation indices with confiscation of objects and (or) instruments of committing administrative offenses and (or) income (dividends), money, securities received as a result of committing an offense.
The commented article establishes administrative responsibility for engaging in entrepreneurial activity by a person for whom the legislation of the Republic of Kazakhstan prohibits such activities.
The generic object of the offense provided for in Article 154 of the Administrative Code is the procedure established in the legislation of the Republic of Kazakhstan and protected by the state for conducting business in the Republic of Kazakhstan.
The direct object of the offense provided for in Article 154 of the Administrative Code is the procedure established by the legislation of the Republic of Kazakhstan and protected by the state for carrying out certain types of entrepreneurial activities prohibited for certain categories of persons in legislative acts.
The subjects of the offense provided for in Article 154 of the Administrative Code, by virtue of the direct indication of this in the norm of the commented article, are only individuals who are prohibited by the legislation of the Republic of Kazakhstan from carrying out entrepreneurial activities.
In the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan prohibits entrepreneurship by persons holding a responsible public position, persons authorized to perform government functions (with the exception of deputies of maslikhats who do not carry out their activities on a permanent or exempt basis), persons equated to persons authorized to perform government functions (with the exception of candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of regional significance, towns, villages, rural districts, as well as members of elected local self-government bodies, persons operating in quasi-public sector entities), government officials and its bodies, civil servants, military personnel, employees of law enforcement agencies and special state bodies (National Security Committee, foreign Intelligence Service, State security service), lawyers, notaries for the period of their tenure in a responsible public position, their performance of state functions, being in state, military service, to serve in law enforcement or special government agencies or for the period of their professional activity as lawyers or notaries.
The subjective side of the unlawful acts provided for in Article 154 of the Administrative Code is characterized by guilt in the form of intent or negligence. The guilt of a person is revealed by his mental attitude towards the illegal acts committed by him and their harmful consequences.
The objective side of the offense provided for in the commented article is characterized by the commission by a person who is prohibited by the legislation of the Republic of Kazakhstan from conducting business, illegal culpable acts expressed in the conduct of entrepreneurial activity by this person.
When qualifying an act according to the article being commented on, it should be borne in mind that actions of an individual with property that, according to the legislative definition, are not entrepreneurship (consumer, charitable, non-profit, including scientific, pedagogical, creative activities, etc.), as well as participation in public associations, associations, professional associations, etc., should not be recognized as illegal. unions, chambers, collegiums, the establishment of trust management of property for the purpose of transferring business facilities to third parties, etc.
For committing an offense provided for in the commented article, the offender is subject to administrative punishment in the form of a fine. The amount of the fine for committing the offense provided for in the commented article is fixed, amounts to 200 MCI and is not subject to change by the body imposing it.
Also, as a punishment for the commission of an offense provided for in the commented article, its sanction provides for the confiscation of objects and (or) instruments of committing administrative offenses and (or) income (dividends), money, securities received as a result of the commission of an offense, if any. Confiscation is a mandatory punishment along with a fine and cannot but be applied at the discretion of the body imposing the penalty.
The administrative penalty under the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of confiscation, must be considered in court.
Officials of state revenue bodies, bodies of the authorized body for civil service affairs and anti-corruption have the right to draw up protocols on administrative offenses provided for in the commented article.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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