Comment to Article 177. Violation of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a temporary manager  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Non-fulfillment or improper fulfillment of the obligation to submit to the court an opinion on the debtor's financial situation -

     entails a fine in the amount of fifty monthly calculation indices.

     2. Non-fulfillment or improper fulfillment of the obligation to take inventory of the bankrupt's estate and (or) submit an inventory report -

     entails a fine in the amount of fifty monthly calculation indices.

     3. Failure to fulfill or improper fulfillment of the obligation to send to the authorized body in the field of rehabilitation and bankruptcy an announcement on the initiation of bankruptcy proceedings and the procedure for creditors to submit claims for posting on its Internet resource -

     entails a fine in the amount of fifteen monthly calculation indices.

     4. Failure to ensure control over the debtor's assets in order to prevent the withdrawal of the debtor's property and assets by the owner, the founders (participants) during the trial -

     entails a fine in the amount of fifty monthly calculation indices.

     5. Non-fulfillment or improper fulfillment of the obligation to provide the authorized body in the field of rehabilitation and bankruptcy with information on the progress of the bankruptcy procedure in the prescribed form -

     entails a fine in the amount of fifteen monthly calculation indices.

     6. Late notification of creditors about the decision taken based on the results of consideration of claims filed in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, -

     entails a fine in the amount of fifteen monthly calculation indices.

     7. Non-fulfillment or improper fulfillment of the obligation to notify creditors of the date, time and place of the creditors' meeting -

     entails a fine in the amount of fifteen monthly calculation indices.

     8. Violation of the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for posting an information message about an electronic auction -

     entails a fine in the amount of fifteen monthly calculation indices.

     9. Failure to fulfill or improper fulfillment of the obligation to accept the debtor's constituent, financial, title deeds and other documents and seals from his dismissed officials, as well as to apply to the court for the issuance of a writ of execution for the execution of a court decision regarding the transfer of these documents and seals by the suspended officials to the interim manager -

     entails a fine in the amount of fifteen monthly calculation indices.

     10. Non-fulfillment or improper fulfillment of the obligation to transfer the constituent documents, accounting documents, seals, stamps, material and other valuables of the debtor during the transfer of powers from the interim administrator to the bankruptcy administrator or the debtor, replacement of the interim administrator, in the event of a court ruling on suspension or termination of proceedings, a decision to refuse to declare the debtor bankrupt or cancellation of the decision courts declaring the debtor bankrupt, as well as imposing liquidation without initiating bankruptcy proceedings on the authorized body in the field of rehabilitation and bankruptcy -

     entails a fine in the amount of fifteen monthly calculation indices.

     11. Non-fulfillment or improper fulfillment of the obligation to provide information based on a written request from the creditor and the owner of the debtor's property -

     entails a fine in the amount of thirty monthly calculation indices.

     12. Non-fulfillment or improper fulfillment of the obligation to form a register of creditors' claims -

     entails a fine in the amount of fifty monthly calculation indices.

     13. Non-fulfillment or improper fulfillment of the obligation to consider the debtor's application for approval of transactions outside the framework of ordinary commercial transactions -

     entails a fine in the amount of fifty monthly calculation indices.

     14. The sale of the bankrupt's perishable property without the approval of the authorized body in the field of rehabilitation and bankruptcy -

     entails a fine in the amount of fifty monthly calculation indices.

     15. Actions (inaction) provided for in parts one to fourteen of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

     they entail a fine in the amount of one hundred monthly calculation indices.

     The commented article establishes administrative liability for violation of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a temporary manager.  

     According to paragraph 1 of Article 2 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

     The generic object of offenses provided for in Article 177 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 offenses provided for in Article 177 of the Administrative Code is the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for the bankruptcy of business entities before the appointment of a bankruptcy trustee.

     The subjects of offenses provided for in Article 177 of the Administrative Code are temporary managers.  

     A temporary manager, according to paragraphs 31) of Article 1 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", is a person appointed by the court to collect information about the debtor's financial condition, as well as to conduct bankruptcy proceedings before appointing a bankruptcy trustee. Bankruptcy, according to pp.6) Article 1 of the said Law is the debtor's insolvency recognized by a court decision, which is the basis for its liquidation.  

     The subjective side of the unlawful acts provided for in Article 177 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 administrative offences provided for in Article 177 of the Administrative Code are formal. To bring to administrative responsibility for their commission, it is not necessary to establish the fact that the offender caused material damage to the state, organization or citizen as a result of the commission of the offense.  

     If material damage is caused as a result of an offense, such damage may be claimed in full by an interested person whose rights and interests have been violated, since bringing the offender to administrative responsibility under the commented article does not exempt him from eliminating the violations and compensating for the damage caused.

     Cases of administrative offences provided for in the commented article are considered and administrative penalties for offenders for their commission are imposed by the state revenue authorities or the court, if the case is considered in court.  

     Part 1 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the temporary manager of the obligation to submit to the court an opinion on the financial situation of the debtor.

     The objective side of the offense provided for in Part 1 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation assigned to him by virtue of subclause 2) of clause 2 of Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to prepare and submit to the court an opinion on the financial situation of the debtor.  

     According to this provision of the law, from the moment of appointment by the court until the end of the bankruptcy case, the interim manager is required to submit to the court an opinion on the financial situation of the debtor. Such an opinion is drawn up and submitted by the interim administrator to the court in accordance with the standard form approved by the authorized body.  

     At the request of subclause 1) of clause 4 of Article 48 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the deadline for the interim manager to submit to the court an opinion on the financial condition of the bankrupt must be set by the court in the ruling on the appointment of the interim manager and should not exceed one month from the date of appointment of the interim manager.

     49 of the said Law, the interim manager's conclusion that the debtor has no other creditors except the applicant, or that the debtor has not provided the interim manager with access to accounting documents, which prevents the preparation of an opinion, must be drawn up by the interim manager no later than ten working days from the date of appointment of the interim manager..

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 1 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 1 of Article 177 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 2 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the temporary manager of the obligation to conduct an inventory of the bankrupt's estate and (or) submit an inventory report.

The objective side of the offense provided for in Part 2 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation assigned to him by virtue of paragraphs 6), paragraph 3, Article 88 and paragraph 1, Article 97 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to conduct an inventory of the bankrupt's estate and (or) submit an inventory report to the first creditors' meeting.  

     According to the specified provisions of the law, after the court's decision declaring the debtor bankrupt, the interim manager is obliged to conduct an inventory of the bankrupt's estate and submit an inventory report to the first creditors' meeting. As required by paragraph 1 of Article 93 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the first creditors' meeting is held by the interim administrator no later than twenty working days from the date of declaring the debtor bankrupt.

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 2 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 2 of Article 177 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 3 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the interim manager of the obligation to send to the authorized body in the field of rehabilitation and bankruptcy an announcement on the initiation of bankruptcy proceedings and the procedure for creditors to submit claims for posting on its Internet resource.

     The objective side of the offense provided for in Part 3 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation assigned to him by paragraph 3) paragraph 2 of Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to send an announcement to the authorized body in the field of rehabilitation and bankruptcy on bankruptcy and the procedure for creditors to file claims for posting on its Internet resource.  

     According to the specified provision of the law, from the moment of appointment by the court and until the end of the bankruptcy case, the interim manager is obliged, within two working days from the date of the court's ruling on his appointment, to send to the authorized body an announcement on the initiation of bankruptcy proceedings and the procedure for creditors' claims in Kazakh and Russian for posting on the authorized body's Internet resource.  

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 3 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 3 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 4 of the commented article establishes administrative responsibility for failure to ensure control over the debtor's assets in order to prevent the withdrawal by the owner of the debtor's property and assets, by the founders (participants) during the trial.

     The objective side of the offense provided for in Part 4 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in the failure to ensure control over the debtor's assets in order to prevent the withdrawal of the debtor's property and assets by the owner, the founders (participants) during the trial.  

     At the request of subclause 4), clause 3, Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", after the court's decision declaring the debtor bankrupt, the interim manager is obliged to ensure the protection and control of the bankrupt's property.

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 4 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 4 of Article 177 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 5 of the commented article establishes the administrative responsibility of the interim manager for non-fulfillment or improper fulfillment of his obligation to provide the authorized body in the field of rehabilitation and bankruptcy with information on the progress of the bankruptcy procedure in the prescribed form.

     The objective side of the offense provided for in Part 5 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment by him of the obligation imposed on him by the norm of Article 21 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to provide the authorized body in the field of rehabilitation and bankruptcy with information on the progress of the bankruptcy procedure in the prescribed form.  

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 5 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 5 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 6 of the commented article establishes the administrative responsibility of the interim manager for late notification to creditors of the decision taken based on the results of consideration of claims filed in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

     The objective side of the offense provided for in Part 6 of the commented article is characterized by the commission of illegal actions (inaction) by the temporary manager, expressed in the late notification of creditors of the decision taken based on the results of consideration of claims filed in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.  

     According to subclause 10), clause 3, Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", in the event that a court issues an act affecting the interests of the debtor and its creditors, the interim administrator is obliged to provide the creditor or debtor, upon whose application a bankruptcy case has been initiated, with a copy of it within three working days from the date of receipt for consideration of the issue. on the appeal of this judicial act.

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 6 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 6 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 7 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the interim manager of the obligation to notify creditors of the date, time and place of the creditors' meeting.

     The objective side of the offense provided for in Part 7 of the commented article is characterized by the commission of illegal actions (inaction) by the temporary manager, expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by virtue of subclause 9) of clause 3 of Article 88 of the Law on Rehabilitation and Bankruptcy of the Republic of Kazakhstan to notify creditors of the date, time and place of the creditors' meeting.  

     According to this provision of the law, after the court's decision declaring the debtor bankrupt, the interim manager is obliged to notify creditors of the date, time and place of the creditors' meeting.

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 7 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 7 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 8 of the commented article establishes the administrative responsibility of the interim manager for violating the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for posting information about an electronic auction.

     The objective side of the offense provided for in Part 8 of the commented article is characterized by the commission of illegal actions (inaction) by the temporary manager, which are expressed in violation of the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for posting an information message about an electronic auction.  

     99 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the procedure and organizer of the electronic auction for the sale of property (assets) of the debtor (bankrupt) are determined by the authorized body.

     Violation of this procedure by the temporary manager is an offense provided for in Part 8 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 8 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

Part 9 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the interim manager of the obligation to accept the debtor's constituent, financial, title and other documents and seals from his dismissed officials, as well as to apply to the court for the issuance of a writ of execution for the execution of a court decision regarding the transfer of these documents and seals by the suspended officials to the interim manager.

     The objective side of the offense provided for in Part 9 of the commented article is characterized by the commission by the temporary administrator of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the task assigned to him under paragraphs 4) paragraph 3 of art. 56 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" obligations to accept the constituent, financial, title and other documents and seals of the debtor from his dismissed officials, as well as to apply to the court for the issuance of a writ of execution for the execution of the court's decision regarding the transfer of the suspended officials to the interim manager of these documents and seals.  

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 9 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 9 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 10 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the interim manager of the obligation to transfer constituent documents, accounting documents, seals, stamps, material and other valuables of the debtor when transferring powers from the interim manager to the bankruptcy trustee or debtor, replacing the interim manager, in the event of a court ruling on suspension or termination of proceedings in the case, decisions on refusal to declare the debtor bankrupt or cancellation of the court's decision on declaring the debtor bankrupt, as well as imposing liquidation without initiating bankruptcy proceedings on the authorized body in the field of rehabilitation and bankruptcy.

     The objective side of the offense provided for in Part 10 of the commented article is characterized by the commission by the temporary administrator of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the task assigned to him by virtue of paragraphs 12) and 13) of paragraph 3 of art. 88 of the Law of the Republic of Kazakhstan on Rehabilitation and Bankruptcy of the obligation to transfer constituent documents, accounting documents, seals, stamps, tangible and other valuables of the debtor when transferring powers from the interim manager to the bankruptcy administrator or debtor, replacing the interim manager, in the event of a court ruling on suspension or termination of proceedings, a decision to refuse to declare the debtor bankrupt or the cancellation of the court's decision to declare the debtor bankrupt, as well as imposing liquidation without initiating bankruptcy proceedings on the authorized body in the field of rehabilitation and bankruptcy.  

     According to the above-mentioned provisions of the law, after the court's decision to declare the debtor bankrupt, the interim manager is obliged to transfer to the bankruptcy administrator (authorized body) within three working days from the date of his appointment (the court's decision to declare the debtor bankrupt) the constituent documents, accounting documents, title documents for the bankrupt's property, seals, stamps, tangible and other valuables belonging to the bankrupt.  

     In the event that the court issues a ruling on the suspension or termination of proceedings, a decision to refuse to declare the debtor bankrupt, or the cancellation of the court's decision to declare the debtor bankrupt, the interim administrator is obliged to transfer to the debtor, within three working days from the date of the adoption of the relevant judicial act of the court, the constituent documents, accounting documents, seals, stamps, tangible and other valuables;

     Failure to perform or improper performance of these duties by the temporary manager is an offense provided for in Part 10 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 10 of Article 177 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 11 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the temporary manager of the obligation to provide information based on a written request from the creditor and the owner of the debtor's property.

     The objective side of the offense provided for in Part 11 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by virtue of paragraphs 8) paragraph 3 of Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to provide information based on a written request from the creditor and the owner of the property the debtor.

     According to this provision of the law, after the court's decision declaring the debtor bankrupt, the interim manager is obliged, on the basis of a written request from the creditor and the owner of the debtor's property, to report on the progress of the bankruptcy procedure no later than three working days from the date of receipt of the request.  

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 11 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 11 of Article 177 of the Administrative Code is 30 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 12 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the interim manager of the obligation to create a register of creditors' claims.

     The objective side of the offense provided for in Part 12 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by virtue of subclause 5) of clause 3 of Article 88 of the Law of the Republic of Kazakhstan on Rehabilitation and Bankruptcy to form a register of creditors' claims.  

     According to this provision of the law, after the court's decision on declaring the debtor bankrupt, the interim manager is obliged to form a register of creditors' claims in accordance with the procedure, terms and form established by the Government of the Republic of Kazakhstan.  

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 12 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 12 of Article 177 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 13 of the commented article establishes administrative liability for non-fulfillment or improper fulfillment by the temporary manager of the obligation to review the debtor's application for approval of transactions outside the framework of ordinary commercial transactions.

     The objective side of the offense provided for in Part 13 of the commented article is characterized by the commission by the temporary manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation assigned to him by virtue of paragraphs 5) paragraph 2 of Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to consider the debtor's application for the approval of transactions outside the framework of ordinary commercial operations.  

     According to this provision of the law, from the moment of appointment by the court until the end of the bankruptcy case, the interim manager is obliged to consider the debtor's application for approval of the transaction outside the framework of ordinary commercial transactions within five working days.

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 13 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

     The amount of the fine for committing an offense under Part 13 of Article 177 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 14 of the commented article establishes administrative responsibility for the sale of a bankrupt's perishable property without approval from the authorized body in the field of rehabilitation and bankruptcy.

     The objective side of the offense provided for in Part 14 of the commented article is characterized by the commission of illegal actions (inaction) by the temporary manager, which are expressed in the sale of the bankrupt's perishable property without coordination with the authorized body in the field of rehabilitation and bankruptcy.  

     At the request of the norm of subclause 7) of Clause 3 of Article 88 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", from the moment of appointment by the court until the end of the bankruptcy case, the interim manager is obliged, in agreement with the authorized body, to sell the bankrupt's property in cases where, before the appointment of the bankrupt manager, the value of such property will significantly decrease (perishable goods, livestock and other goods requiring urgent sale).

     Failure to perform or improper performance of this duty by the temporary manager is an offense provided for in Part 14 of the commented article, for which an administrative penalty in the form of a fine is imposed.  

The amount of the fine for committing an offense under Part 1 of Article 177 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 15 of the commented article establishes a more severe penalty for repeated commission of any of the actions (inaction) provided for in parts 1 to 14 of the commented article within a year after the imposition of an administrative penalty.  

     At the same time, the object, the subjective side and the subjects of the offense provided for in Part 15 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of any of the offenses provided for in parts 1 to 14 of Article 177 of the Administrative Code.  

     In the description of the objective side of the offense provided for in Part 15 of Article 177 of the Administrative Code, a sign of repetition is added to any of the acts provided for in parts 1 to 14 of the commented article.  

     An offense is considered to have been committed repeatedly if a person has previously committed any of the acts provided for in parts 1 to 14 of Article 177 of the Administrative Code, has been subjected to administrative punishment for it, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.

     The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 15 of Article 177 of the Administrative Code.  

     Repetition as a qualifying feature is established not only in fact by identifying the number and nature of the unlawful acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for committing any of the offenses provided for in parts 1 to 14 of Article 177 of the Administrative Code, the existence of an effective resolution of the authorized body or court. on the imposition of an administrative penalty under any of the parts from 1 to 14 art. 177 of the Administrative Code, the fact of its announcement, delivery or referral to the offender and the expiration of a one-year period from the date of imposition of the penalty.

     If a person has committed an illegal act repeatedly or continues to commit it after the start of the commission and until it is revealed, but until that moment he has not previously been brought to administrative responsibility under any of the parts from 1 to 14 of Article 177 of the Administrative Code, then in this case it is impossible to bring him to responsibility under Part 15 of Article 177 of the Administrative Code, since there is no a qualifying sign of repetition. In this case, the person must be brought to administrative responsibility and punished according to one of the parts from 1 to 14 of art. 177 of the Administrative Code, even if there are signs of repeated violations during the year and the uniformity of violations committed.  

     For repeated commission of any of the acts provided for in one of the parts 1 to 14 of Article 177 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 15 of Article 177 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 Part 15 of the commented article is being considered and an administrative penalty is imposed on the offender by the state revenue authority or the court, if the case is considered in court.

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.);  

     Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

     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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