Comment to article 173. Illegal interference of officials in business activities The Code of the Republic of Kazakhstan on Administrative Offences
Illegal interference of officials of state bodies exercising supervisory and control functions, as well as local executive bodies in the activities of individual entrepreneurs and legal entities by issuing illegal acts and giving illegal instructions that impede their business activities, -
entails a fine in the amount of one hundred monthly calculation indices.
The commented article establishes the administrative responsibility of officials of state bodies performing supervisory and control functions, as well as local executive bodies for illegal interference in business activities.
The generic object of the offense provided for in Article 173 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 173 of the Administrative Code is the freedom of entrepreneurship and the procedure for conducting business in the Republic of Kazakhstan established by the legislation of the Republic of Kazakhstan and protected by the State, as well as the procedure for the exercise by officials of state and local executive bodies of their supervisory and control functions in relation to entrepreneurs.
The subjects of the offense provided for in the commented article are officials of state bodies performing supervisory and control functions, as well as officials of local executive bodies.
According to the commented article, not all officials defined for the purposes of administrative responsibility in Article 30 of the Administrative Code may be held administratively liable, but only officials of state bodies performing supervisory and control functions, as well as officials of local executive bodies.
The subjective side of the administrative offense provided for in Article 173 of the Administrative Code is characterized by the guilt of officials in the form of intent or negligence. The guilt of an official is revealed by his mental attitude towards the illegal acts committed by him and their harmful consequences.
The composition of the administrative offense provided for in the commented article is formal. In order to bring an official to administrative responsibility for unlawful interference in business activities, it is not necessary to establish the fact that the offender caused material damage to the entrepreneur.
At the same time, if material damage is caused by illegal actions of an official to a business entity, such damage may be claimed by an interested person, whose rights and interests have been violated, for full compensation, since bringing an official to administrative responsibility under the commented article does not release this official, state or local executive body, on whose behalf he acted, and in general the state refused to eliminate the violations and compensate the damage caused to the entrepreneur.
The objective side of the offense provided for in the commented article is characterized by the commission of illegal actions (inaction) by officials of state bodies performing supervisory and control functions, as well as officials of local executive bodies in the form of illegal interference in the activities of individual entrepreneurs and legal entities by issuing illegal acts and giving illegal instructions that impede their business activities.
The illegality of acts, orders and other actions of officials of state bodies and local executive bodies is established by judicial acts that have entered into force, decisions of higher authorities or officials, as well as in cases directly provided for by legislative acts of the Republic of Kazakhstan.
For committing an administrative 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 an offense under Article 173 of the Administrative Code is 100 MCI, is fixed and is not subject to change by the body imposing it.
The case of an administrative offense under the commented article is being considered and an administrative penalty is imposed on the offender by the court by virtue of a direct indication of this in the relevant norm of the Administrative Code.
Officials 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. In addition, the prosecutor also makes a decision to initiate proceedings on an administrative offense provided for in the commented article.
In this regard, an entrepreneur, whose rights, in his opinion, have been violated by illegal interference in his business activities by officials of state bodies and local executive bodies, may address his application for an administrative offense case both to the authorized body for civil service affairs and anti-corruption, and to the prosecutor.
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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