Comment to Article 218. Violation of the procedure for submitting reports for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan or reports on activities related to the organization of exchange operations with foreign currency in cash The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation by an authorized bank or a professional securities market participant engaged in foreign exchange transactions on behalf of clients of the deadline provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan for submitting a report for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan -
entails a warning.
2. The act provided for in the first part 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.
3. Submission by an authorized bank or a professional securities market participant engaged in foreign exchange transactions on behalf of clients of an incomplete and (or) unreliable report for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan, provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan, -
entails a warning.
4. The action provided for in the third part 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.
5. Violation by an authorized bank or an authorized organization of the deadline stipulated by the regulatory legal act of the National Bank of the Republic of Kazakhstan for submitting a report on activities related to the organization of exchange operations with foreign currency in cash -
entails a warning.
6. The act 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.
7. Submission by an authorized bank or an authorized organization of an incomplete and (or) unreliable report on the activities of organizing exchange operations with foreign currency in cash, provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan, -
entails a warning.
8. The action provided for in part seven 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 responsibility for violating the procedure for submitting reports for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan or reports on activities related to the organization of exchange operations with foreign currency in cash.
The generic object of offenses provided for in Article 218 of the Administrative Code is the procedure for conducting currency transactions established in the legislation of the Republic of Kazakhstan and protected by the state.
The direct object of administrative offenses provided for in the commented article is the procedure established by the legislation of the Republic of Kazakhstan for submitting reports on foreign exchange transactions.
The subjects of offenses provided for in Article 218 of the Administrative Code, by virtue of a direct indication of this in the dispositions of the commented article, are an authorized bank, an authorized organization, and a professional participant in the securities market.
According to Article 1 of the Law of the Republic of Kazakhstan on Currency Regulation and Currency Control, authorized banks are banks and organizations established in the Republic of Kazakhstan that carry out certain types of banking operations (with the exception of authorized organizations), as well as branches of foreign banks operating in the Republic of Kazakhstan that carry out currency transactions, including on behalf of clients.
Authorized organizations are financial organizations of the Republic of Kazakhstan that are not banks and are licensed by the National Bank of the Republic of Kazakhstan to organize exchange operations with foreign currency in cash.
A professional participant in the securities market is a legal entity operating in the securities market on the basis of a license or in accordance with the legislative acts of the Republic of Kazakhstan.
The subjective side of the acts provided for in Article 218 of the Administrative Code is not subject to identification for the perpetrators due to the fact that the subjects of offenses are only legal entities.
Penalties for the commented part are imposed on offenders by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.
Part 1 of the commented article establishes administrative liability for violation by an authorized bank or a professional securities market participant engaged in foreign exchange transactions on behalf of clients of the deadline for submitting a report provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan for monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan.
The objective side of the offense provided for in Part 1 of Article 218 of the Administrative Code is that the offender commits illegal actions (inaction) in the form of a violation of the deadline for submitting a report established by a regulatory legal act of the National Bank of the Republic of Kazakhstan for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan.
In accordance with the legislation of the Republic of Kazakhstan on currency regulation, the National Bank of the Republic of Kazakhstan monitors the sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan and the purposes of using the acquired foreign currency.
As required by clause 5 of Article 10 of the Law of the Republic of Kazakhstan "On Currency Regulation and Currency Control", authorized banks are required to submit to the National Bank of the Republic of Kazakhstan information on the sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan and the purposes of using the acquired foreign currency.
The procedure for authorized banks to provide information on sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan and the purposes of using the acquired foreign currency, including forms and deadlines for submitting reports, is determined by the rules for monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan.
As required by clause 8 of the above Rules, banks, authorized organizations and professional participants submit monthly reports to the National Bank of the Republic of Kazakhstan by the fifteenth day (inclusive) of the month following the reporting one.
Violation by obligated persons of the deadline for submitting a report established by a regulatory legal act of the National Bank of the Republic of Kazakhstan for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan constitutes a complete offense provided for in Part 1 of the commented article.
The composition of the offense provided for in Part 1 of the commented article is formal. In order to calculate and impose a fine on an offender in accordance with Part 1 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
For the commission of an offence under Part 1 of the commented article, the perpetrators are subject to punishment in the form of a warning.
Part 2 of the commented article establishes a more severe penalty for repeated commission of any of the actions provided for in Part 1 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 2 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 1 of Article 218 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 2 of Article 218 of the Administrative Code, a sign of repetition is added to the actions provided for in Part 1 of the commented article.
An offense is considered to have been committed repeatedly if a person has previously committed any of the actions provided for in Part 1 of Article 218 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 2 of Article 218 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 actions provided for in Part 1 of Article 218 of the Administrative Code, the existence of an effective resolution of the National Bank of the Republic of Kazakhstan or a court on the imposition of administrative penalties. according to part 1 of art . 218 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.
The composition of the offense provided for in Part 2 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 2 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
For repeated commission of the act provided for in Part 1 of Article 218 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 Article 218 of the Administrative Code is fixed at 15 MCI.
Part 3 of the commented article establishes administrative responsibility for the submission by an authorized bank or a professional securities market participant engaged in foreign exchange transactions on behalf of clients of an incomplete and (or) unreliable report for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan, provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan.
The objective side of the offense provided for in Part 3 of Article 218 of the Administrative Code is that the offender commits illegal actions in the form of submitting an incomplete and (or) unreliable report for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan, provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan.
The procedure and deadline for submitting a report on notification of currency transactions is regulated by a resolution of the National Bank of the Republic of Kazakhstan.
The composition of the offense provided for in Part 3 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 1 of the commented article, it is not necessary to establish the fact and amount of damage caused by submitting an incomplete and (or) unreliable report for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan.
The offense provided for in Part 3 of the commented article is considered to have been committed at the moment when the offender submitted a report to the National Bank of the Republic of Kazakhstan for the purpose of monitoring sources of supply and demand in the domestic foreign exchange market of the Republic of Kazakhstan, reflecting incomplete and (or) unreliable information.
For committing an offense under Part 3 of the commented article, the perpetrators are punished with a warning.
Part 4 of the commented article establishes a more severe penalty for repeated commission of actions provided for in Part 3 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 4 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 3 of Article 218 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 4 of Article 218 of the Administrative Code, a sign of repetition is added to the actions provided for in Part 3 of the commented article.
An offense is considered to have been committed repeatedly if the person has previously committed the actions provided for in Part 3 of Article 218 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 4 of Article 218 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 actions provided for in Part 3 of Article 218 of the Administrative Code, the existence of an effective resolution of the National Bank of the Republic of Kazakhstan or a court on the imposition of administrative penalties. according to part 3 of art . 218 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.
The composition of the offense provided for in Part 4 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 4 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
For repeated commission of the act provided for in Part 3 of Article 218 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 4 of Article 218 of the Administrative Code is fixed at 15 MCI.
Part 5 of the commented article establishes administrative liability for violation by an authorized bank or an authorized organization of the deadline provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan for submitting a report on activities related to the organization of exchange operations with foreign currency in cash.
The objective side of the offense provided for in Part 5 of Article 218 of the Administrative Code is that the offender commits illegal actions (inaction) in the form of a violation of the deadline provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan for submitting a report on activities related to the organization of exchange operations with foreign currency in cash.
The procedure and deadline for submitting a report on the organization of exchange operations with foreign currency in cash are established by a resolution of the National Bank of the Republic of Kazakhstan.
The composition of the offense provided for in Part 5 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 5 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
For committing an offense under Part 5 of the commented article, the perpetrators are punished with a warning.
Part 6 of the commented article establishes a more severe penalty for repeated commission of actions 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 6 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 218 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 6 of Article 218 of the Administrative Code, a sign of repetition is added to the actions 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 actions provided for in Part 5 of Article 218 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 6 of Article 218 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 actions provided for in Part 5 of Article 218 of the Administrative Code, the existence of an effective resolution of the National Bank of the Republic of Kazakhstan or a court on the imposition of administrative penalties. according to part 5 of art . 218 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.
The composition of the offense provided for in Part 6 of the commented article is formal. In order to calculate and impose a fine on the offender in accordance with Part 6 of the commented article, it is not necessary to establish the fact and amount of damage caused by violation of the deadline for submitting a report on the organization of exchange operations with foreign currency in cash.
For repeated commission of the act provided for in Part 5 of Article 218 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.
The fine for committing an offense under Part 6 of Article 218 of the Administrative Code is fixed at 15 MCI.
Part 7 of the commented article establishes administrative responsibility for the submission by an authorized bank or an authorized organization of an incomplete and (or) unreliable report on the activities of organizing exchange operations with foreign currency in cash, provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan.
The objective side of the offense provided for in Part 7 of Article 218 of the Administrative Code is that the offender commits illegal actions in the form of submitting an incomplete and (or) unreliable report on the activities of organizing exchange operations with foreign currency in cash, provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan.
Authorized banks and organizations are required to submit to the National Bank of the Republic of Kazakhstan reports on the activities of organizing exchange operations with foreign currency in cash, reflecting in them complete and reliable information about these operations.
The procedure and deadline for submitting a report on the organization of exchange operations with foreign currency in cash are established by a resolution of the National Bank of the Republic of Kazakhstan.
Violation by obligated persons of the above-mentioned legislative requirement to submit to the National Bank of the Republic of Kazakhstan reports on activities related to the organization of exchange operations with foreign currency in cash, reflecting in them complete and reliable information about these operations, constitutes a complete offense provided for in Part 7 of the commented article.
The composition of the offense provided for in Part 7 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 7 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
The offense provided for in Part 7 of the commented article is considered to have been committed at the moment when the offender submitted to the National Bank of the Republic of Kazakhstan a report on activities related to the organization of exchange operations with foreign currency in cash, reflecting incomplete and (or) unreliable information.
For committing an offense under Part 7 of the commented article, the perpetrators are punished with a warning.
Part 8 of the commented article establishes a more severe penalty for repeated commission of actions provided for in Part 7 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 8 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 7 of Article 218 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 8 of Article 218 of the Administrative Code, a sign of repetition is added to the actions provided for in Part 7 of the commented article.
An offense is considered to have been committed repeatedly if the person has previously committed the actions provided for in Part 7 of Article 218 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 8 of Article 218 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 actions provided for in Part 7 of Article 218 of the Administrative Code, the existence of an effective resolution of the National Bank of the Republic of Kazakhstan or a court on the imposition of administrative penalties. according to Part 7 of art . 218 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.
The composition of the offense provided for in Part 8 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 8 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
For repeated commission of the act provided for in Part 7 of Article 218 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 8 of Article 218 of the Administrative Code is fixed at 15 MCI.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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