Comment to Article 181. Violation of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by the rehabilitation manager  The Code of the Republic of Kazakhstan on Administrative Offences  

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

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

     2. Non-fulfillment of the terms of the agreement concluded with the creditors' committee in the rehabilitation procedure, -

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

     3. Non-fulfillment or improper fulfillment of the obligation to take over the debtor's property and ensure its protection -

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

     4. Non-fulfillment or improper fulfillment of the rehabilitation plan -

     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 current information on the progress of the rehabilitation procedure, accompanied by copies of documents -

     entails a warning.

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

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

     7. Failure to fulfill or improper fulfillment of the obligation to transfer to the appointed rehabilitation manager the constituent, financial, title and other documents and seals of the debtor upon removal (release) or replacement of the rehabilitation manager -

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

     8. Making transactions outside the framework of ordinary commercial transactions not provided for in the rehabilitation plan, in the rehabilitation procedure without the consent of the creditors' meeting -

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

     9. 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.

     10. Non-fulfillment or improper fulfillment of the obligation to identify the presence (absence) of signs of deliberate bringing of the debtor to insolvency and sending an application to law enforcement agencies if there are signs for making a procedural decision. -

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

     11. Non-fulfillment or improper fulfillment of the obligation to provide information on the progress of the debtor's activities to the debtor's creditor on the basis of his written request -

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

     12. Failure to fulfill 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 thirty monthly calculation indices.

     13. Non-fulfillment or improper fulfillment of the obligation to send a petition to the court for amendments and additions to the rehabilitation plan -

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

     14. Late appeal to the court for suspension of rehabilitation procedure -

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

     15. Non-fulfillment or improper fulfillment of the obligation to bring to the attention of the members of the creditors' committee information on the financial condition, transactions made in the course of ordinary commercial transactions to the creditors' committee -

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

     16. Non-fulfillment or improper fulfillment of the obligation 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 -

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

     17. Non-compliance with the creditors' meeting of actions not provided for in the rehabilitation plan before they are committed -

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

     18. Transactions involving an increase in accounts payable if the total amount of the debtor's accounts payable incurred after the application of the rehabilitation procedure exceeds twenty percent of the total amount of accounts payable at the time of the introduction of the rehabilitation procedure without the approval of the creditors' meeting -

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

     19. Actions (inaction) provided for in parts one to eighteen, with the exception of the case provided for in part five 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.

     20. The action provided for in part five of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

     entails 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 the rehabilitation 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 181 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 181 of the Administrative Code is the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for the rehabilitation manager to carry out the rehabilitation procedure of a legal entity - a business entity.

     The subjects of offenses provided for in Article 181 of the Administrative Code are rehabilitation managers (including persons performing the functions of a rehabilitation manager for the rehabilitation of a business entity in accordance with the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy").  

     The rehabilitation manager, according to clause 28) of Article 1 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", is a person to whom the authority to manage the property and affairs of an insolvent debtor is transferred for the period of the rehabilitation procedure in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy".  

     A rehabilitation procedure, according to paragraphs 27) of Article 1 of the said Law, is a procedure introduced in court, in which reorganization, organizational, economic, managerial, investment, technical, financial, economic, legal and other measures aimed at restoring the debtor's solvency are applied to an insolvent debtor. to prevent its elimination.

     The subjective side of the unlawful acts provided for in Article 181 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 181 of the Administrative Code are formal. To bring to administrative responsibility for their commission, it is not necessary to establish that the offender caused material damage to the State, organization or individual as a result of the commission of the offense.  

     If the rehabilitation manager causes material damage as a result of committing an offense, such damage may be claimed in full by the person concerned, whose rights and interests have been violated, since bringing the offender to administrative responsibility under the commented article does not release him from fulfilling his duties, eliminating 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 violation of the procedure established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy for the placement by the rehabilitation manager of an information message on the conduct of an electronic auction.

     The objective side of the offense provided for in Part 1 of the commented article is characterized by the commission of illegal actions (inaction) by the rehabilitation 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 in the Rules approved by it. In accordance with the specified Rules for conducting an electronic auction, the rehabilitation manager 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 the rehabilitation 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 181 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing them.  

     Part 2 of the commented article establishes the administrative responsibility of the rehabilitation manager for non-fulfillment of the terms of the agreement concluded with the creditors' committee in the rehabilitation procedure.

     The objective side of the offense provided for in Part 2 of the commented article is characterized by the commission of illegal actions (inaction) by the rehabilitation manager, expressed in non-fulfillment of the terms of the agreement concluded with the creditors' committee in the rehabilitation procedure.  

     At the request of subclause 2) of Clause 2 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to conclude an agreement with the creditors' committee within thirty calendar days from the date of appointment. Accordingly, after the conclusion of such an agreement, the rehabilitation manager is obliged to properly fulfill all its conditions.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 of the Administrative Code is 15 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 3 of the commented article establishes the administrative responsibility of the rehabilitation manager for non-fulfillment or improper fulfillment of his obligation to take over the debtor's property and ensure its protection.

     The objective side of the offense provided for in Part 3 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation to take over the debtor's property and ensure its protection.  

     At the request of subclause 1) of Clause 2 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to take over the debtor's property and ensure the protection and control of the debtor's property.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 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 rehabilitation manager for non-fulfillment or improper fulfillment of the rehabilitation plan.  

     The objective side of the offense provided for in Part 4 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the rehabilitation plan.

     According to paragraph 26) of art. 1 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", a rehabilitation plan is a set of interrelated measures aimed at improving the debtor's health in the application of a rehabilitation procedure, accelerated rehabilitation procedure and carried out on the basis of mutual agreement between the debtor and creditors, a group of homogeneous creditors in order to restore the solvency of an existing legal entity and save jobs, indicating the timing of implementation, This includes the repayment schedule for creditors' claims, as well as the results achieved, resources used, and possible risks.

     As required by the provisions of clauses 1, 2, 3, 10 of Article 73 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation plan must contain specific measures to restore the debtor's solvency (rehabilitation measures) and a schedule for repayment of debts to creditors. The rehabilitation plan must be developed by the debtor together with creditors within three months from the date of entry into force of the decision on the application of the rehabilitation procedure. The duration of the rehabilitation plan should not exceed five years. The rehabilitation plan agreed upon with the creditors' meeting is approved by a court ruling within seven working days from the date of its submission.

     At the request of the norm of subclause 3) of clause 2 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to organize the implementation of the rehabilitation plan.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 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 administrative liability for non-fulfillment or improper fulfillment by the rehabilitation manager of the obligation to provide the authorized body in the field of rehabilitation and bankruptcy with current information on the progress of the rehabilitation procedure, accompanied by copies of documents.

     The objective side of the offense provided for in Part 5 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of his obligation to send current information on the progress of the rehabilitation procedure to the authorized body in the field of rehabilitation and bankruptcy, accompanied by copies of documents.  

     According to paragraph 4 of Article 19 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to provide the authorized body monthly, no later than the 5th day of the month following the reporting period, with 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, 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 the rehabilitation manager is an offense provided for in Part 5 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) He likes it.

     Part 6 of the commented article establishes the administrative responsibility of the rehabilitation manager for failure to notify or improperly notify the creditor of the date, time and place of the creditors' meeting in the rehabilitation procedure.

     The objective side of the offense provided for in Part 6 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in failure to notify or improperly notify the creditor of the date, time and place of the creditors' meeting in the rehabilitation procedure.  

     At the request of the norm of subclause 6) of clause 2 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to notify creditors of the date, time and place of the creditors' meeting in the rehabilitation procedure.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 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 rehabilitation manager for non-fulfillment or improper fulfillment of his obligation to transfer to the appointed rehabilitation manager the constituent, financial, title and other documents and seals of the debtor upon removal (release) or replacement of the rehabilitation manager.

     The objective side of the offense provided for in Part 7 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of his duty, upon his removal (release) or replacement, to transfer to the newly appointed rehabilitation manager the constituent, financial, title and other documents and seals of the debtor.

     According to clause 14), clause 2, Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged, in case of his removal (release), to transfer to the newly appointed rehabilitation manager within three working days from the date of the decision on removal (release), the constituent documents, accounting documents, title documents for the debtor's property, seals stamps, tangible and other valuables belonging to the debtor.

Failure to perform or improper performance of this duty by the rehabilitation 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 181 of the Administrative Code is 50 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 rehabilitation manager for making transactions outside the framework of ordinary commercial transactions not provided for in the rehabilitation plan, in the rehabilitation procedure without the consent of the creditors' meeting.

     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 rehabilitation manager, expressed in transactions outside the framework of ordinary commercial transactions not provided for in the rehabilitation plan, in the rehabilitation procedure without the consent of the creditors' meeting.

     According to subclause 4) of clause 1 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager has the right to make transactions outside the framework of ordinary commercial operations only by decision of the creditors' meeting (with the exception of transactions provided for in the rehabilitation plan). Accordingly, the rehabilitation manager may not, without the consent of the creditors' meeting, make transactions in the rehabilitation procedure that are not provided for in the rehabilitation plan.  

     Violation of this restriction by the rehabilitation 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 181 of the Administrative Code is 50 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 rehabilitation 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 9 of the commented article is characterized by the commission of illegal actions (inaction) by the rehabilitation manager, 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.  

     At the request of paragraph 1 of Article 82 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager, by decision of the creditors' meeting, applies to the court with an application for termination of the rehabilitation procedure against the debtor in cases where: 1) the purpose of the rehabilitation procedure in relation to the debtor has been achieved; 2) he has become convinced that achieving this goal is impossible. The rehabilitation manager's statement is also accompanied by his final report, drawn up in the form approved by the authorized body, in accordance with clause 6 of Article 15 of the said Law.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 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 the administrative responsibility of the rehabilitation manager for non-fulfillment or improper fulfillment of his duty to identify the presence (absence) of signs of deliberate bringing of the debtor to insolvency and sending an application to law enforcement agencies if there are signs for making a procedural decision.

     The objective side of the offense provided for in Part 10 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of his duty to identify the presence (absence) of signs of deliberate bringing the debtor to insolvency and sending an application to law enforcement agencies if there are signs for making a procedural decision.  

     At the request of the norm of clause 4 of Article 6 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to contact law enforcement agencies within one month from the moment of detection of signs of intentional bankruptcy in order to bring the relevant persons to responsibility provided for by the laws of the Republic of Kazakhstan.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 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 administrative liability for non-fulfillment or improper fulfillment by the rehabilitation manager of the obligation to provide the debtor's creditor on the basis of his written request for information on the progress of activities.

     The objective side of the offense provided for in Part 11 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation imposed on him by law to provide the debtor's creditor on the basis of his written request for information on the progress of activities.

     At the request of subclause 13) of clause 2 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to provide full information on the progress of his activities, the financial condition of the debtor to any creditor of the debtor on the basis of his written request no later than ten working days from the date of its receipt.

     Failure to perform or improper performance of this duty by the rehabilitation 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 the commission of the specified offense is 30 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 rehabilitation 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 12 of the commented article is characterized by the commission of illegal actions (inaction) by the rehabilitation manager, 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", current and information requested by the authorized body on the progress of the rehabilitation procedure is provided by the rehabilitation manager 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 the rehabilitation 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 181 of the Administrative Code is 30 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 rehabilitation manager for non-fulfillment or improper fulfillment of his duty to send a petition to the court for amendments and additions to the rehabilitation plan.

     The objective side of the offense provided for in Part 13 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation to send to the court a petition for amendments and additions to the rehabilitation plan.

     At the request of the norm of subclause 4) of clause 2 of Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to send to the court a petition for amendments and additions to the rehabilitation plan no later than five working days after approval by the creditors' meeting.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 of the Administrative Code is 30 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 rehabilitation manager for late application to the court for suspension of the rehabilitation procedure.

     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 rehabilitation manager, expressed in an untimely appeal to the court for the suspension of the rehabilitation procedure.  

At the request of the norm of subclause 9), clause 2, Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to apply to the court for suspension of the rehabilitation procedure in cases provided for by this Law.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 of the Administrative Code is 30 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 rehabilitation manager for non-fulfillment or improper fulfillment of his obligation to bring to the attention of the members of the creditors' committee information on the financial condition of transactions made in the course of ordinary commercial transactions.

     The objective side of the offense provided for in Part 15 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of the obligation to inform the members of the creditors' committee of information on the financial condition, transactions made during ordinary commercial transactions, to provide any information at the request of the creditors' committee.  

     At the request of the norm of clause 12), clause 2, Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged to inform the members of the creditors' committee no later than the fifteenth day of each month about the financial condition, transactions made during ordinary commercial transactions for the previous month, and provide any information at the request of the creditors' committee.

     Failure to perform or improper performance of this duty by the rehabilitation 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 181 of the Administrative Code is 30 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 rehabilitation manager for non-fulfillment or improper fulfillment of his duties 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.

     The objective side of the offense provided for in Part 16 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in non-fulfillment or improper fulfillment of his duty 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 demands for their invalidation or the return of property in court.  

     At the request of subclause 8), clause 2, Article 71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the rehabilitation manager is obliged 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 to make demands for their invalidation or the return of property in court, including at the request of the creditor who identified such a transaction.

     Failure to perform or improper performance of this duty by the rehabilitation 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 on the offender.  

     The amount of the fine for the commission of the specified offense is 50 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 rehabilitation manager for his disagreement with the creditors' meeting of actions not provided for in the rehabilitation plan before they are committed.

     The objective side of the offense provided for in Part 17 of the commented article is characterized by the commission of illegal actions (inaction) by the rehabilitation manager, expressed in disagreement with the creditors' meeting of actions not provided for in the rehabilitation plan, prior to their commission.

     During rehabilitation, the rehabilitation manager is obliged to perform all his transactions and other actions in strict accordance with the approved rehabilitation plan and the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy. It is not allowed for the rehabilitation manager to perform any actions not provided for in the rehabilitation plan without prior approval from the creditors' meeting in the form, procedure and time limits provided for this purpose.  

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

     The amount of the fine for the commission of the specified offense is 100 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 18 of the commented article establishes the administrative responsibility of the rehabilitation manager for making transactions involving an increase in accounts payable if the total amount of the debtor's accounts payable incurred after the application of the rehabilitation procedure exceeds twenty percent of the total amount of accounts payable at the time of the introduction of the rehabilitation procedure without the approval of the creditors' meeting.

     The objective side of the offense provided for in Part 18 of the commented article is characterized by the commission by the rehabilitation manager of illegal actions (inaction), expressed in transactions involving an increase in accounts payable, if the total amount of the debtor's accounts payable that arose after the application of the rehabilitation procedure exceeds twenty percent of the total amount of accounts payable at the time of the introduction of the rehabilitation procedure without the approval of the creditors' meeting.  

     71 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", if the total amount of the debtor's monetary obligations arising after the application of the rehabilitation procedure exceeds twenty percent of the total amount of accounts payable at the time of the introduction of the rehabilitation procedure, transactions generating new monetary obligations of the debtor are made by the rehabilitation manager only with the consent of the creditors' committee.

     Violation of the specified requirement by the rehabilitation 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 the commission of the specified offense is 100 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 19 of the commented article establishes a more severe punishment for the repeated commission by the rehabilitation manager of any of the actions (inaction) provided for in parts one to eighteen of the commented article within a year after the imposition of an administrative penalty, with the exception of the case provided for in part five of the commented article.

     At the same time, the object, the subjective side and the subjects of the offense provided for in Part 19 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 eighteen of the commented article, with the exception of the case provided for in part five of the commented article.  

     In the description of the objective side of the offense provided for in Part 19 of Article 181 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 1-4, 6-18 of Article 181 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 19 of Article 181 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 1-4, 6-18 of art. 181 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 any of the specified parts of art . 181 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 181 of the Administrative Code, then bringing him to responsibility under Part 19 of Article 181 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 parts of art. 181 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 181 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 19 of Article 181 of the Administrative Code is 100 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 20 of the commented article establishes a more severe penalty for repeated commission of the act provided for in Part 5 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 20 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 5 of Article 181 of the Administrative Code.  

     In the description of the objective side of the offense provided for in Part 20 of Article 181 of the Administrative Code, a sign of repetition is added to the act provided for in part 5 of the commented article.  

     An offense is considered to have been committed repeatedly if the person has previously committed the act provided for in Part 5 of Article 181 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 20 of Article 181 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 an offense under Part 5 of Article 181 of the Administrative Code, the existence of an effective and unturned resolution of the authorized body or court on the imposition of administrative penalties under Part 5 of art. 181 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 unlawful 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 5 of Article 181 of the Administrative Code, then bringing him to responsibility under Part 20 of Article 181 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 Part 5 of art. 181 of the Administrative Code as being brought to administrative responsibility for the first time, even if there are signs of repeated violations during the year and the uniformity of the violations committed.  

     For repeated commission of an act provided for in Part 5 of Article 181 of the Administrative Code within a year after the imposition of a penalty (warning), the offender is punished with a fine of 15 MCI.  

     The amount of the fine 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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