Comment to article 179. Violation of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a bankrupt manager The Code of the Republic of Kazakhstan on Administrative Offences

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Comment to article 179. Violation of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a bankrupt manager The Code of the Republic of Kazakhstan on Administrative Offences

1. Non-fulfillment or improper fulfillment of the obligation to carry out an inventory and (or) submit an inventory report to the creditors' meeting -

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

2. Non-fulfillment or improper fulfillment of the obligation to ensure the protection and control of the bankrupt's property -

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

3. Non-fulfillment or improper fulfillment of the obligation to file claims for debt collection from persons who are in debt to a bankrupt in court, except in cases established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, -

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

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

entails a warning.

5. Failure to notify or improperly notify the creditor of the date, time and place of the creditors' meeting in the bankruptcy procedure -

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

6. 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.

7. Violation of the procedure for drawing up a sales plan or sale of the debtor's property in violation of the plan for the sale of the bankrupt's property (assets) -

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

8. Non-fulfillment or improper fulfillment of the obligation to settle accounts with creditors after the creditors' meeting decides to proceed to settlements, as well as settlements with creditors in violation of the established procedure for satisfying creditors' claims -

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

9. Failure to provide information to law enforcement agencies in cases of detection of signs of deliberate and (or) false bankruptcy -

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

10. Non-fulfillment or improper fulfillment of obligations to identify transactions made by the debtor or a person authorized by him in violation of the requirements provided for by the civil legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", and failure to declare claims for their invalidation or the return of property in court to the bankrupt estate -

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

11. Overspending or misuse of money provided for in the estimated administrative expenses, -

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

12. Failure to perform or improper performance of the obligation to transfer to the newly appointed bankruptcy trustee or debtor the constituent documents, accounting documents, seals, stamps, material and other valuables of the debtor upon removal (release) of the bankrupt trustee or cancellation of the court decision declaring the debtor bankrupt -

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

13. Failure to submit, late submission, or submission of a final report to the court that does not comply with the requirements of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy -

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

14. Non-fulfillment or improper fulfillment of the obligation to provide the requested information to the authorized body in the field of rehabilitation and bankruptcy, accompanied by supporting documents -

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

15. Failure to notify or untimely notification to the creditor of the progress of the bankruptcy procedure based on his written request -

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

16. Late application to the creditor for the offset of claims based on the decision of the creditors' committee -

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

17. Non-fulfillment or improper fulfillment of the obligation to request information from government agencies, individuals and legal entities about a bankrupt owned (owned) his property and copies of supporting documents -

entails a warning.

18. Failure to submit claims to the court for recovery (compensation) of damage (subsidiary liability) in case of establishing the guilt of the debtor's officials -

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

19. Failure to perform or improper performance of duties to submit to the creditors' committee a copy of a judicial act affecting the interests of the bankrupt and his creditors for consideration of the issue of his appeal, unless otherwise established by agreement with the bankrupt manager, -

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

20. Non-fulfillment or improper fulfillment of obligations to accept from the interim manager the constituent, financial and title documents for the bankrupt's property, the seal and the bankrupt's property -

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

21. Late closure of the bankrupt's bank account, submission to the state revenue authority of forms of the taxpayer's certificate and certificate of registration for value added tax (if any), destruction of the bankrupt's seal -

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

22. The actions (inaction) provided for in parts one to twenty-one, with the exception of the cases provided for in parts four and seventeen 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.

23. The actions provided for in parts four and seventeen of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

they entail a fine in the amount of fifteen 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 bankrupt 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 179 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 179 of the Administrative Code is the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for the bankruptcy administrator to carry out bankruptcy proceedings for business entities.

The subjects of offenses provided for in Article 179 of the Administrative Code are bankrupt managers.

A bankruptcy trustee, according to clause 8) of Article 1 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", is a person appointed by the authorized body in the field of rehabilitation and bankruptcy to carry out bankruptcy proceedings. 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 179 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 179 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 a bankrupt manager causes material damage as a result of committing an offense, such damage may be claimed for full compensation 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 the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of his obligation to conduct an inventory and (or) submit an inventory report to the creditors' meeting.

The objective side of the offense provided for in Part 1 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by virtue of paragraphs 2) paragraphs 2 and paragraph 3 of 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.

As a general rule, paragraphs 6), paragraph 3, Article 88 of the said Law, the inventory of the bankrupt's estate, the preparation and submission of the inventory report to the first creditors' meeting is carried out by the temporary administrator appointed by the court even before the appointment of the bankrupt administrator.

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. The competence of the creditors' meeting includes the approval of the inventory report.

However, if, for any reason, the interim manager has not conducted an inventory and has not submitted a report on it to the creditors' meeting, or such a report has not been approved by the creditors' meeting, as well as if it is necessary to clarify the inventory report or conduct a repeat inventory by decision of the creditors' meeting, the bankrupt manager, at the request of subclause 2) clause 2 art . 97 of the said Law, is obliged to carry out such an inventory and submit a corresponding report to the creditors' meeting for its approval within the time limit set by the creditors' meeting, which should not exceed 10 working days.

In addition, as required by paragraph 3 of Article 97 of the said Law, in respect of newly identified or returned property (assets) to the debtor, the bankrupt manager is obliged to submit an inventory report to the creditors' committee within five working days from the moment of taking this property under his protection and control.

Failure to perform or improper performance of this duty by a bankrupt 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 179 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 the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of his duties to ensure the protection and control of the bankrupt's property.

The objective side of the offense provided for in Part 2 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of his duties to ensure the protection and control of the bankrupt's property.

At the request of subclause 4) of clause 2 of Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged to ensure the protection and control of the bankrupt's property, including newly identified or returned to the debtor.

Failure to perform or improper performance of this duty by a bankrupt 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 179 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 a bankrupt manager of the obligation to file claims for debt collection from persons who owe debts to a bankrupt in court, except in cases established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

The objective side of the offense provided for in Part 3 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by subclause 5) clause 2 of art. 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" of the obligation to file claims for debt collection from persons who are in debt to the bankrupt, in court proceedings.

According to the above-mentioned provision of the law, the bankrupt manager is obliged to file claims for recovery of such debts in court no later than seven working days from the moment of identification of persons who owe debts to the bankrupt, except in cases when the creditors' committee has decided to sell the receivables or conclude a factoring agreement.

Failure to perform or improper performance of this duty by a bankrupt 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 179 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 the administrative responsibility of the bankruptcy administrator for non-fulfillment or improper fulfillment of his obligation to provide the authorized body in the field of rehabilitation and bankruptcy with current information on the progress of the bankruptcy procedure.

The objective side of the offense provided for in Part 4 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (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 current information on the progress of the bankruptcy procedure.

In order to ensure that the authorized body exercises its right provided for in paragraphs 5) of Article 15 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankruptcy administrator is obliged to provide such information to the authorized body for review of the current information of the bankruptcy administrator on the progress of the bankruptcy procedure. So, according to paragraph 4 of art. 19 of the said Law, the bankruptcy administrator is obliged to provide to the authorized body monthly, no later than the 5th day of the month following the reporting period, information on the progress of the procedures, accompanied by copies of documents confirming the information included in the information provided. The date of providing information on the progress of the procedures by the administrator, depending on the method of its provision, is: 1) in absentia - the date of receipt of information on the progress of the procedures by the authorized body; 2) by registered mail with notification - the date of the receipt of the postal or other communication organization.

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

A warning as a measure of punishment is imposed on the offender by specifying it in the decision on the imposition of an administrative penalty and its mandatory announcement, as well as handing over or sending a copy of the decision to the offender. In this case, in order to qualify further actions of the offender when committing similar offenses in the future, the person is considered to have been subjected to administrative punishment from the moment of delivery (referral) its resolution and its entry into force.

Part 5 of the commented article establishes the administrative responsibility of the bankruptcy administrator for failure to notify or improperly notify the creditor of the date, time and place of the creditors' meeting in the bankruptcy procedure.

The objective side of the offense provided for in Part 5 of the commented article is characterized by the commission by the bankrupt administrator of unlawful culpable acts (inaction), expressed in failure to notify or improperly notify the creditor of the date, time and place of the creditors' meeting in the bankruptcy procedure.

At the request of the norm of clause 14), clause 2, Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged to notify creditors of the date, time and place of the creditors' committee meeting.

Failure to perform or improper performance of this duty by a bankrupt 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 179 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 bankrupt manager for violating the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for posting an information message about an electronic auction.

The objective side of the offense provided for in Part 6 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in violation of the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for posting information about the 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. In accordance with the specified Rules for conducting an electronic auction, the bankruptcy trustee is obliged to post an information message about the electronic auction on the auction organizer's Internet resource in accordance with the procedure, terms and form established for this purpose.

Violation of this procedure by a bankrupt 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 179 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 the administrative responsibility of the bankrupt manager for violating the procedure for drawing up a sales plan or selling the debtor's property in violation of the plan for the sale of the bankrupt's property (assets).

The objective side of the offense provided for in Part 7 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in violation of the procedure for drawing up a sales plan or in the sale of the debtor's property in violation of the plan for the sale of the bankrupt's property (assets).

According to clause 8), clause 2, Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged to develop a plan for the sale of the bankrupt's property (assets) and implement it.

Failure to perform or improper performance of this duty by a bankrupt 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 179 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 bankrupt manager for non-fulfillment or improper fulfillment of his obligation to settle accounts with creditors after the creditors' meeting decides to proceed to settlements, as well as settlements with creditors in violation of the established procedure for satisfying creditors' claims.

The objective side of the offense provided for in Part 8 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by virtue of paragraphs 11) paragraph 2 of Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to settle accounts with creditors after the decision of the creditors' meeting on the transition to settlements, as well as his settlements with creditors in violation of the established procedure for satisfying creditors' claims.

According to this provision of the law, the bankrupt manager is obliged to settle accounts with creditors within seven working days after the creditors' committee decides to proceed to settlements.

Failure to perform or improper performance of this duty by a bankrupt 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 179 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 the administrative responsibility of the bankrupt manager for failure to provide information to law enforcement agencies in cases of detection of signs of deliberate and (or) false bankruptcy.

The objective side of the offense provided for in Part 9 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the obligation assigned to him under paragraph 4 of Article 6 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to report information to law enforcement agencies in cases of detection of signs of deliberate and (or) false bankruptcy.

According to this rule, a bankrupt manager is obliged to contact law enforcement agencies within one month from the moment signs of deliberate or false bankruptcy are detected in order to bring the relevant persons to justice provided for by the laws of the Republic of Kazakhstan.

Failure to perform or improper performance of this duty by a bankrupt 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 179 of the Administrative Code is 50 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 of obligations to identify transactions made by the debtor or a person authorized by him in violation of the requirements provided for by civil legislation and the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", and failure to declare claims for their invalidation or the return of property in court to the bankrupt estate.

The objective side of the offense provided for in Part 10 of the commented article is characterized by the commission of illegal actions (inaction) by the bankrupt manager, expressed in non-fulfillment or improper fulfillment of the task assigned to him under subclause 6) of clause 2 of art. 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" obligations to identify transactions made by the debtor or a person authorized by him in violation of the requirements provided for by civil legislation and the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", and failure to declare claims for their invalidation or the return of property in court to the bankrupt estate.

According to this rule, the bankrupt manager is obliged to identify transactions made by the debtor in violation of the requirements of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" before declaring him bankrupt, and to make demands for their invalidation or for the return of property in court, including at the request of the creditor who revealed such a transaction.

Failure to perform or improper performance of this duty by a bankrupt 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 179 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.

Part 11 of the commented article establishes the administrative responsibility of the bankrupt manager for overspending or misuse of money provided for in the administrative cost estimates.

The objective side of the offense provided for in Part 11 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in overspending or misuse of money provided for in the estimate of administrative expenses drawn up in accordance with paragraphs 17-2), paragraph 2, Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy".

According to this provision, the bankruptcy trustee is required to make an estimate of the administrative costs of the bankruptcy procedure within twenty working days from the date of his appointment and is subsequently required to carry out administrative costs within this estimate and in accordance with the objectives set forth therein.

Failure to perform or improper performance of this duty by a bankrupt 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 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 12 of the commented article establishes the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of his obligation to transfer to the newly appointed bankruptcy trustee or debtor the constituent documents, accounting documents, seals, stamps, material and other valuables of the debtor upon removal (release) of the bankrupt manager or cancellation of the court decision declaring the debtor bankrupt.

The objective side of the offense provided for in Part 12 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the norm imposed on him by paragraph 17) paragraph 2 of art. 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" obligations to transfer to the newly appointed bankruptcy trustee or debtor the constituent documents, accounting documents, seals, stamps, tangible and other valuables of the debtor upon removal (release) of the bankrupt trustee or cancellation of the court decision declaring the debtor bankrupt.

According to the above-mentioned provision of the law, in the event of the removal (release) of a bankrupt manager, he is obliged to transfer to the newly appointed bankruptcy administrator within three working days from the date of the decision on removal (release) the constituent documents, accounting documents, title documents for the bankrupt's property, seals, stamps, tangible and other valuables belonging to the bankrupt, and also available information about the availability and numbers of bank accounts of the bankrupt, about the balances and the movement of money in these accounts.

Failure to perform or improper performance of this duty by a bankrupt 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 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 13 of the commented article establishes the administrative responsibility of the bankrupt manager for failure to submit, late submission or submission of a final report to the court that does not comply with the requirements of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

The objective side of the offense provided for in Part 13 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in the failure to submit, late submission, or submission of a final report to the court that does not comply with the requirements of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

According to clause 5 of Article 99-1 and clause 1 of Article 110 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", after satisfying creditors' claims, the bankrupt manager submits to the court a final report on his activities agreed with the creditors' meeting.

Failure to perform or improper performance of this duty by a bankrupt 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 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 14 of the commented article establishes the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of his obligation to provide the requested information to the authorized body in the field of rehabilitation and bankruptcy, accompanied by supporting documents.

The objective side of the offense provided for in Part 14 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the obligation to provide the requested information to the authorized body in the field of rehabilitation and bankruptcy, accompanied by supporting documents.

21 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the current and information requested by the authorized body on the progress of the bankruptcy procedure is provided by the bankruptcy administrator to the authorized body in the form, in the manner and within the time limits established by the authorized body.

Failure to perform or improper performance of this duty by a bankrupt 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 14 of Article 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 15 of the commented article establishes the administrative responsibility of the bankruptcy administrator for failure to notify or untimely notification to the creditor of the progress of the bankruptcy procedure on the basis of his written request.

The objective side of the offense provided for in Part 15 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment by him of the obligation imposed on him by the norm of paragraph 12) paragraph 2 of Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" to provide information on the basis of a written request from the creditor and the owner of the property the debtor.

According to this provision of the law, the bankruptcy trustee is obliged to inform the creditor, on the basis of his written request, no later than three working days from the date of receipt of the request on the progress of the bankruptcy procedure and the financial condition of the debtor.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 15 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 15 of Article 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 16 of the commented article establishes the administrative responsibility of the bankrupt manager for the late application to the creditor for the offset of claims based on the decision of the creditors' committee.

The objective side of the offense provided for in Part 16 of the commented article is characterized by the commission of illegal actions (inaction) by the bankrupt manager, expressed in an untimely statement to the creditor about the offset of claims based on the decision of the creditors' committee.

According to paragraph 2 of Article 101 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", by the decision of the creditors' committee, no later than ten working days from the date of its adoption, the bankrupt manager is obliged to declare to the creditor the offset of claims if the offset of claims does not violate the priority of creditors' claims, is direct, mutual, without involving other persons. Offsetting is allowed only for claims for payment of money.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 16 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 16 of Article 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 17 of the commented article establishes the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of the obligation to request information from government agencies, individuals and legal entities about the bankrupt, owned (owned) his property and copies of supporting documents.

The objective side of the offense provided for in Part 17 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of the obligation to require information from government agencies, individuals and legal entities about the bankrupt, owned (owned) his property and copies of supporting documents.

According to subclause 2) of Clause 2 of Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged, within seven working days after his appointment, to demand from government agencies, individuals and legal entities information about the bankrupt owned (owned) his property and copies of supporting documents, which must be provided to him free of charge no later than ten working days from the date of submitting the request, if the specified information and documents have not been provided to him by the interim manager.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 17 of the commented article, for which an administrative penalty is imposed in the form of a warning.

Part 18 of the commented article establishes the administrative responsibility of the bankrupt manager for failure to submit claims to the court for recovery (compensation) of damage (subsidiary liability) in the event that the debtor's officials are found guilty.

The objective side of the offense provided for in Part 18 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in the failure to submit claims to the court for recovery (compensation) of damage (subsidiary liability) in the event that the debtor's officials are found guilty.

According to clause 10), clause 2, Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged to identify the officials responsible for causing damage to the debtor and apply to the court with a claim for bringing them to subsidiary liability.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 18 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 18 of Article 179 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.

Part 19 of the commented article establishes the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of his duties to provide the creditors' committee with a copy of the judicial act affecting the interests of the bankrupt and his creditors for consideration of the issue of his appeal, unless otherwise established by agreement with the bankrupt manager.

The objective side of the offense provided for in Part 19 of the commented article is characterized by the commission by the bankrupt administrator of unlawful culpable acts (inaction), expressed in non-fulfillment or improper fulfillment of duties to submit to the creditors' committee a copy of the judicial act affecting the interests of the bankrupt and his creditors for consideration of the issue of its appeal, unless otherwise established by agreement with the bankrupt administrator.

According to subclause 13) of clause 2 of Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged, in the event of a court ruling affecting the interests of the bankrupt and his creditors, to submit a copy to the creditors' committee within five working days of its receipt for consideration of the issue of appealing this judicial act, unless otherwise it is not established by the bankruptcy procedure agreement with the bankruptcy trustee.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 19 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 19 of Article 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 20 of the commented article establishes the administrative responsibility of the bankrupt manager for non-fulfillment or improper fulfillment of his duties to accept from the interim manager the constituent, financial and title documents for the bankrupt's property, the seal and the bankrupt's property.

The objective side of the offense provided for in Part 20 of the commented article is characterized by the commission by the bankrupt manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment by him of the norm assigned to him (1), paragraph 2, Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" of the obligation to accept constituent, financial and title documents from the interim manager for the bankrupt's property, seals, and the bankrupt's property.

According to this provision, the bankrupt manager is obliged to accept from the interim manager, no later than three working days from the date of his appointment, the constituent documents, accounting documents, title documents for the bankrupt's property, seals, stamps, tangible and other valuables belonging to the bankrupt.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 20 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 20 of Article 179 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.

Part 21 of the commented article establishes the administrative responsibility of the bankrupt manager for the late closure of the bankrupt's bank account, the submission to the state revenue authority of the forms of the taxpayer's certificate and the certificate of registration for value added tax (if any), the destruction of the bankrupt's seal.

The objective side of the offense provided for in Part 21 of the commented article is characterized by the commission by the bankrupt manager of unlawful culpable acts (inaction), expressed in the untimely closure of the bankrupt's bank account, the submission to the state revenue authority of the forms of the taxpayer's certificate and the certificate of registration for value added tax (if any), the destruction of the bankrupt's seal.

According to the norm of clause 15), clause 2, Article 89 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the bankrupt manager is obliged to close the bankrupt's bank accounts within three working days after the court approves the final report, submit to the state revenue authority the forms of the taxpayer's certificate and the certificate of registration for value added tax (if any), destroy the bankrupt's seal.

Failure to perform or improper performance of this duty by a bankrupt manager is an offense provided for in Part 21 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 21 of Article 179 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.

Part 22 of the commented article establishes a more severe penalty for the repeated commission of any of the actions (inaction) provided for in parts one to twenty-one of the commented articles within a year after the imposition of an administrative penalty by a bankrupt manager, with the exception of the cases provided for in parts four and seventeen of the commented article.

At the same time, the object, the subjective side, and the subjects of the offense provided for in Part 22 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 one to twenty–one of the commented articles, with the exception of the cases provided for in parts four and seventeen of the commented article.

In the description of the objective side of the offense provided for in Part 22 of Article 179 of the Administrative Code, a sign of repetition is added.

An offense is considered to have been committed repeatedly if a person has previously committed any of the acts provided for in parts 1-3, 5-16, 18-20 of Article 179 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 22 of Article 179 of the Administrative Code.

Repetition as a qualifying feature is established not only in fact by identifying the number and nature of illegal 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 3, 5 to 16, 18 to 20 of art. 179 of the Administrative Code, the existence of an effective and unvoked resolution of the authorized body or court on the imposition of an administrative penalty under any of the specified parts of art. 179 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 up to this point he has not previously been brought to administrative responsibility under any of the above-mentioned parts of Article 179 of the Administrative Code, then bringing him to responsibility under Part 22 of Article 179 of the Administrative Code is impossible, since there is no qualifying a sign of repetition. In this case, the person must be brought to administrative responsibility and punished according to one of the above-mentioned previous parts of art. 179 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 above-mentioned parts of Article 179 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 22 of Article 179 of the Administrative Code is 100 MCI, is fixed and is not subject to change by the body imposing it.

Part 23 of the commented article establishes a more severe penalty for repeated commission of any of the actions (inaction) provided for in parts 4 or 17 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 23 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 4 or 17 of Article 179 of the Administrative Code.

In the description of the objective side of the offense provided for in Part 23 of Article 179 of the Administrative Code, a sign of repetition is added to any of the acts provided for in parts 4 or 17 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 4 or 17 of Article 179 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.

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 4 or 17 of Article 179 of the Administrative Code, the presence of an effective and unenforceable resolution of the authorized body or a court decision on the imposition of an administrative penalty under one of the parts 4 or 17 of art. 179 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 Part 4 or 17 of Article 179 of the Administrative Code, then bringing him to responsibility under Part 23 of Article 179 of the Administrative Code is impossible, since there is no qualifying sign of repetition.. In this case, the person must be brought to administrative responsibility and punished under art. 4 or 17. 179 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 Parts 4 or 17 of Article 179 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 23 of Article 179 of the Administrative Code is 15 MCI (after the initially announced warning), is fixed and is not subject to change by the body imposing it.

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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