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Home / RLA / Comment to Article 228. Violation of the requirements established by the legislation of the Republic of Kazakhstan on insurance and insurance activities The Code of the Republic of Kazakhstan on Administrative Offences

Comment to Article 228. Violation of the requirements established by the legislation of the Republic of Kazakhstan on insurance and insurance activities The Code of the Republic of Kazakhstan on Administrative Offences

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Comment to Article 228. Violation of the requirements established by the legislation of the Republic of Kazakhstan on insurance and insurance activities  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     2. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     3. Late provision, non-provision or provision by the mutual insurance company to the authorized state body in the field of crop production of false reports or other information requested by the authorized body in accordance with the Law of the Republic of Kazakhstan "On Compulsory insurance in crop production" -

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

     4. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     5. Repeated (two or more times within twelve consecutive calendar months) violation by an insurance (reinsurance) organization, parent organization of an insurance group of the same prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan, -

     entails a fine on legal entities in the amount of three hundred monthly calculation indices.

     6. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI

     7. Implementation of transactions and operations by the mutual insurance company in violation of the legislation of the Republic of Kazakhstan on mutual insurance -

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

     8. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     9.Untimely notification by an insurance company, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to policyholders of a change in the location of its permanent body, a separate subdivision, or a change in name -

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

     10.Violation by an insurance (reinsurance) organization and an insurance broker of the conditions established by the legislation of the Republic of Kazakhstan on insurance and insurance activities for proper documentation, accounting and storage of documents related to their activities, -

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

     11. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     12.Preparation of financial statements by an insurance (reinsurance) organization, which led to a distortion of information on compliance with prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan, -

     entails a fine on legal entities in the amount of two hundred monthly calculation indices.

     13. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     14. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     15. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     16. Non-payment, late payment, or incomplete payment of mandatory or emergency contributions to the Insurance Benefit Guarantee Fund -

     they entail a fine on legal entities in the amount of two hundred and fifty monthly calculation indices.

     17.Violation by an insurance (reinsurance) organization or insurance broker of the requirement to publish financial statements and other information in the mass media in accordance with the laws of the Republic of Kazakhstan -

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

     18. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     Note. Excluded in accordance with the Law of the Republic of Kazakhstan dated 07/02/18 № 168-VI  

     19.Violation by an insurance company of the requirement to conclude contracts for the provision of information and receipt of insurance reports with an organization for the formation and maintenance of an insurance database with state participation and registration in this organization -

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

     Note. For the purposes of part twelve of this article, administrative liability arises when, as a result of correcting distorted information, an insurance (reinsurance) organization is found to have violated prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.

     20. It was valid until January 1, 2018 in accordance with the Law of the Republic of Kazakhstan dated 11/24/15 № 422-V.

     The commented article establishes administrative liability for violation of the requirements established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

     The generic object of offenses provided for in Article 228 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 field of finance.

     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 carrying out insurance activities.

     228 of the Administrative Code, by virtue of the direct indication of this in the sanctions of the commented article, are legal entities: mutual insurance companies, insurance (reinsurance) organizations, parent organizations of the insurance group, insurance brokers.

     A mutual insurance company is a legal entity established in the organizational and legal form of a consumer cooperative for the purpose of mutual insurance of the property interests of its members.

     An insurance company is a legal entity engaged in the conclusion and execution of insurance contracts on the basis of an appropriate license from an authorized body.  

     A reinsurance organization (reinsurer) is a legal entity engaged in the conclusion and execution of reinsurance contracts on the basis of an appropriate license from an authorized body.  

     An insurance broker is a legal entity that represents the policyholder in relations related to the conclusion and execution of insurance contracts with the insurer on behalf of the policyholder, or carries out on its behalf intermediary activities for the conclusion of insurance contracts on behalf of the policyholder and (or) reinsurance contracts on behalf of the reinsurer (assignor).  

     A parent organization is a legal entity that has control over another legal entity.  

     The subjective side of the acts provided for in Article 228 of the Administrative Code cannot be established due to the fact that the subjects of offenses are legal entities.  

     Part 3 of the commented article establishes administrative responsibility for the late provision, non-provision or provision by the mutual insurance company to the authorized state body in the field of crop production of false reports or other information requested by the authorized body in accordance with the Law of the Republic of Kazakhstan "On Compulsory insurance in crop production".

     The objective side of the offense provided for in Part 3 of Article 228 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of:

     1) late submission of reports or other information requested by the authorized body in accordance with the Law of the Republic of Kazakhstan "On Compulsory insurance in crop production";

     2) failure to provide reports or other information requested by the authorized body in accordance with the Law of the Republic of Kazakhstan "On Compulsory Insurance in crop Production"; or

     3) providing false reports or other information requested by the authorized body in accordance with the Law of the Republic of Kazakhstan "On Compulsory insurance in crop production".

     The authorized state body in the field of crop production is a state body designated by the Government of the Republic of Kazakhstan that carries out state regulation in the field of crop production development.

     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 the offender in accordance with Part 3 of the commented article, it is not necessary to establish the fact and amount of damage caused by late provision, failure to provide or provision of inaccurate reporting or other information requested by the authorized body.  

     For the commission of an offense provided for in Part 3 of the commented article, the perpetrators are subject to punishment in the form of a fine.

     The amount of the fine for committing an offense under Part 3 of Article 228 of the Administrative Code is fixed and amounts to 50 MCI.

     This penalty is imposed on offenders by an authorized state body in the field of crop production or by a court, if the case is considered in court.  

     Part 5 of the commented article establishes administrative liability for repeated (two or more times within twelve consecutive calendar months) violations by an insurance (reinsurance) organization and the parent organization of an insurance group of the same prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.

     The objective side of the offense provided for in Part 5 of Article 228 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of repeated violations of the same prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.

     Repeated violations of the same prudential standards and (or) other mandatory norms and limits should be understood as their violation two or more times within twelve consecutive calendar months.

Prudential standards and mandatory norms and limits are established by a Resolution of the Board of the National Bank of the Republic of Kazakhstan.

     According to Article 3 of the Law of the Republic of Kazakhstan "On Insurance Activities", prudential standards are standards established by an authorized body and mandatory for compliance by insurance (reinsurance) organizations.

     In accordance with paragraph 1 of Article 46 of the said Law, control and supervision over the solvency and financial stability of an insurance (reinsurance) organization and persons supervised on a consolidated basis are carried out through control and supervision over the implementation or compliance with prudential standards and (or) other mandatory standards and limits established by the authorized body..

     37-1 of the Law of the Republic of Kazakhstan "On Insurance Activity", an insurance (reinsurance) organization accepting an insurance portfolio must comply with all prudential standards and other mandatory norms and limits at the time of its adoption, as well as taking into account the newly accepted insurance portfolio.

 

      Repeated failure by obligated entities to comply with the legislative requirements for compliance with prudential standards and other mandatory norms and limits during the year forms the final composition of the offense provided for in Part 5 of the commented article.

     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 repeated violations of the same prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.

     For committing an offense under Part 5 of the commented article, the perpetrators are punished with a fine.

     The amount of the fine for committing an offense under Part 5 of Article 228 of the Administrative Code is fixed and amounts to 300 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

     Part 7 of the commented article establishes administrative responsibility for the mutual insurance company's transactions and operations in violation of the legislation of the Republic of Kazakhstan on mutual insurance.

     The objective side of the offense provided for in Part 7 of Article 228 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of transactions and operations in violation of the legislation of the Republic of Kazakhstan on mutual insurance.

     As required by clauses 3 and 4 of Article 15 of the Law of the Republic of Kazakhstan "On Mutual Insurance", the mutual insurance company is prohibited from carrying out transactions and operations not provided for by the Law of the Republic of Kazakhstan "On Mutual Insurance". The company's participation in other legal entities is not allowed, except in cases when mutual insurance companies merge into associations (unions), as well as when they create a consortium based on a joint business agreement.

     As required by Article 16 of the said Law, a mutual insurance company is prohibited from transferring all or part of the insurance risks assumed by the company to reinsurance to an insurance (reinsurance) organization licensed by an authorized body, or to a non-resident reinsurance organization, as well as to carry out intermediary activities or reinsurance risk acceptance activities.

     Violation by the mutual insurance company of the specified requirements and prohibitions, as well as the commission of permitted transactions and operations in violation of the norms of the legislation of the Republic of Kazakhstan on mutual insurance, 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 the offender under Part 7 of the commented article, it is not necessary to establish the fact and amount of damage caused by transactions and operations in violation of the legislation of the Republic of Kazakhstan on mutual insurance.

     For committing an offense under Part 7 of the commented article, the perpetrators are punished with a fine.  

     The amount of the fine for committing an offense under Part 7 of Article 228 of the Administrative Code is fixed and amounts to 200 MCI.

     This penalty is imposed on offenders by an authorized state body in the field of crop production or by a court, if the case is considered in court.  

     Part 9 of the commented article establishes administrative liability for late notification by an insurance company, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to policyholders about a change in the location of its permanent body, a separate subdivision, or a change in name.

     The objective side of the offense provided for in Part 9 of Article 228 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of late notification to policyholders of a change in the location of his permanent office, a separate unit, or a change in name.

     At the request of paragraph 8 of Article 16 of the Law of the Republic of Kazakhstan "On Insurance Activities", in case of a change in the location of its permanent body, a change in the name of an insurance organization, an insurance broker is required to notify policyholders by publishing an announcement in two periodicals distributed throughout the Republic of Kazakhstan, in Kazakh and Russian, no later than one month and on the insurer's Internet resource within ten business days. In case of a change in the location of its separate division, the insurance organization and the insurance broker are obliged to notify their policyholders by publishing an announcement in two periodicals distributed throughout the Republic of Kazakhstan, in Kazakh and Russian, no later than one month and on their Internet resource within ten working days.

     Failure to comply or untimely fulfillment by obligated persons of the above-mentioned legislative requirement forms the final composition of the offense provided for in Part 9 of the commented article.

     The composition of the offense provided for in Part 9 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 9 of the commented article, it is not necessary to establish the fact and amount of damage caused by late notification to policyholders of a change in the location of their permanent body, a separate subdivision, or a change in name.

     The offense provided for in Part 9 of the commented article is considered to have been committed at the moment when the offender has not notified the policyholders in accordance with the established procedure of a change in his name, a change in the location of his permanent body or the location of his separate unit and the deadline for such notification has expired.

     For committing an offense under Part 9 of the commented article, the perpetrators are punished with a fine.  

     The amount of the fine for committing an offense under Part 9 of Article 228 of the Administrative Code is fixed and amounts to 50 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

     Part 10 of the commented article establishes administrative liability for violation by an insurance (reinsurance) organization or insurance broker of the conditions established by the legislation of the Republic of Kazakhstan on insurance activities for proper documentation, accounting and storage of documents related to their activities.

     The objective side of the offense provided for in Part 10 of Article 228 of the Administrative Code is that the offender commits illegal actions (inaction) in the form of violation of the conditions established by the legislation of the Republic of Kazakhstan on insurance activities for proper documentation, accounting and storage of documents related to their activities.  

     As required by paragraph 1 of Article 77 of the Law of the Republic of Kazakhstan "On Insurance Activities", professional participants in the insurance market, insurance agents engaged in business activities are required to generate data on insurance (reinsurance), insurance intermediation and ensure the accounting and storage of documents related to their activities in accordance with the procedure established by the legislation of the Republic of Kazakhstan. An insurance (reinsurance) organization is required to maintain a register of insurance (reinsurance) contracts in accordance with the procedure established by a regulatory legal act of the authorized body. The insurance (reinsurance) contract must be entered into the register of insurance (reinsurance) contracts within one business day from the moment of its conclusion.

     The list of documents subject to mandatory storage, the procedure and terms of their storage by professional participants of the insurance market, insurance agents engaged in business activities, are established by the authorized body in coordination with the authorized body of archives and documentation management.

     Violation by obligated persons of the above-mentioned legislative requirement to comply with the conditions for proper documentation, accounting and storage of documents related to their activities forms the final composition of the offense provided for in Part 10 of the commented article.

     The composition of the offense provided for in Part 10 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 10 of the commented article, it is not necessary to establish the fact and amount of damage caused by violation of the conditions established by the legislation of the Republic of Kazakhstan on insurance and insurance activities for proper documentation, accounting and storage of documents related to their activities.

For committing an offense under Part 10 of the commented article, the perpetrators are punished with a fine.  

     The amount of the fine for committing an offense under Part 10 of Article 228 of the Administrative Code is fixed and amounts to 50 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

     Part 12 of the commented article establishes administrative responsibility for the preparation of financial statements by an insurance (reinsurance) organization, which led to a distortion of information on compliance with prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.

     The objective side of the offense provided for in Part 12 of Article 228 of the Administrative Code is the commission by the offender of illegal actions in the form of reporting, which led to a distortion of information on compliance with prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.  

     The composition of the offense provided for in Part 12 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 12 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.  

     According to the Note to the commented article, administrative liability under Part 12 of Article 228 arises when, as a result of correcting distorted information, an insurance (reinsurance) organization is found to have violated prudential standards and (or) other mandatory standards and limits established by the National Bank of the Republic of Kazakhstan.

     For committing an offense under Part 12 of the commented article, the perpetrators are punished with a fine.  

     The amount of the fine for committing an offense under Part 12 of Article 228 of the Administrative Code is fixed and amounts to 200 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

     Part 16 of the commented article establishes administrative liability for non-payment, late payment, or incomplete payment of mandatory or emergency contributions to the Insurance Benefit Guarantee Fund.

     The objective side of the offense provided for in Part 16 of Article 228 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of:

     1) non-payment of mandatory or emergency contributions to the Insurance Benefit Guarantee Fund;

     2) late payment of mandatory or emergency contributions to the Insurance Benefit Guarantee Fund; or

     3) payment of incomplete mandatory or emergency contributions to the Insurance Benefit Guarantee Fund.

     Mandatory contributions are the amount of money paid by a participating insurance organization to the Insurance Benefit Guarantee Fund for Guaranteed types of insurance in accordance with the procedure established by the Law of the Republic of Kazakhstan "On the Insurance Benefit Guarantee Fund" and other regulatory legal acts of the Republic of Kazakhstan.

     Emergency contributions are the amount of money additionally paid by the participating insurance company to the Insurance Benefit Guarantee Fund in cases stipulated by the specified Law.

     As required by clause 1 of Article 12 of the above-mentioned Law, the participating insurance company is obliged to pay mandatory and extraordinary contributions in accordance with the participation agreement. The mandatory contribution rate is determined by the Fund annually. The methodology for calculating the rate of mandatory contributions, the procedure and deadlines for their payment are established by regulatory legal acts of the authorized body.

     Failure by insurance organizations to fulfill the above-mentioned obligation to pay mandatory and emergency contributions to the Insurance Benefit Guarantee Fund in full and on time constitutes a complete offense under Part 16 of the commented article.  

     The composition of the offense provided for in Part 16 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 16 of the commented article, it is not necessary to establish the fact and amount of damage caused by non-payment, late payment, or payment of mandatory or emergency contributions in incomplete amounts to the Insurance Benefit Guarantee Fund.

     For committing an offense under Part 16 of the commented article, the perpetrators are punished with a fine.  

     The amount of the fine for committing an offense under Part 16 of Article 228 of the Administrative Code is fixed and amounts to 250 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court..

     Part 17 of the commented article establishes administrative liability for violation by an insurance (reinsurance) organization or insurance broker of the requirement to publish financial statements and other information in the media in accordance with the laws of the Republic of Kazakhstan.

     The objective side of the offense provided for in Part 17 of Article 228 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of a violation of the requirement to publish financial statements and other information in the media in accordance with the laws of the Republic of Kazakhstan.

     According to Article 76 of the Law of the Republic of Kazakhstan "On Insurance Activities", an insurance (reinsurance) organization and an insurance broker publish consolidated annual financial statements, and in the absence of a subsidiary (subsidiaries) organization (organizations), unconsolidated annual financial statements and an audit report in accordance with the procedure and deadlines established by the authorized body, after an independent audit confirmation of the reliability of the submitted They contain information and approval of the annual financial statements by the annual meeting of shareholders of the insurance (reinsurance) organization.

     Insurance (reinsurance) organizations publish quarterly balance sheets and profit and loss statements that comply with international financial reporting standards, in accordance with the procedure and deadlines established by the authorized body, without their audit confirmation.

     The rules for publishing financial statements are established by a Resolution of the Board of the National Bank of the Republic of Kazakhstan.

     Failure by obligated persons to comply with the above-mentioned legislative requirement forms the final composition of the offense provided for in Part 17 of the commented article.

     The composition of the offense provided for in Part 17 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 16 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 17 of the commented article, the perpetrators are punished with a fine.  

     The amount of the fine for committing an offense under Part 17 of Article 228 of the Administrative Code is fixed and amounts to 50 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

     Part 19 of the commented article establishes administrative liability for violation by an insurance organization of the requirement to conclude contracts for the provision of information and receipt of insurance reports with an organization for the formation and maintenance of an insurance database with state participation and registration in this organization.

     The objective side of the offense provided for in Part 19 of Article 228 of the Administrative Code is the commission by the offender of illegal actions (inaction), expressed in violation of the requirement to conclude contracts for the provision of information and receipt of insurance reports with an organization for the formation and maintenance of an insurance database with state participation and registration in this organization.

     According to paragraph 1 of Article 79 of the Law of the Republic of Kazakhstan "On Insurance Activities", the organization for the formation and maintenance of a database with state participation is a non-profit organization established in the organizational and legal form of a joint-stock company, one hundred percent of the voting shares of which belong to the authorized body. The organization forms and maintains a database on compulsory insurance of civil liability of vehicle owners on the basis of the specified Law and legislative acts of the Republic of Kazakhstan on compulsory types of insurance. The organization maintains a unified register of insurance agents.

     At the request of subclause 1) of Clause 3 of Article 82 of the Law of the Republic of Kazakhstan "On Insurance Activities", insurance information providers are required to conclude an agreement with an organization for the formation and maintenance of an insurance database with state participation on the provision of information and (or) receipt of insurance reports.  

     84 of the said Law, insurance organizations - information providers are required to register with the said organization, for which they are required to provide: 1) an application for registration with an organization; 2) a certificate of state registration (re-registration) of a legal entity; 3) information on the surname, first name, patronymic (if any), and position of persons authorized to make requests to the database in accordance with the procedure established by the organization.

     Failure by obligated persons to comply with the above-mentioned legislative requirements forms the final composition of the offense provided for in Part 19 of the commented article.

     The composition of the offense provided for in Part 19 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 16 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 19 of the commented article, the perpetrators are punished with a fine.  

The amount of the fine for committing an offense under Part 19 of Article 228 of the Administrative Code is fixed and amounts to 100 MCI.

     This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

     Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

     Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

     Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);  

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

     Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

     Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

     Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

     Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

     Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);  

     Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

     Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

     Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

     Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

     Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;  

     Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);  

     Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

     Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.  

     Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act:  01.01.2020 Date of adoption of the act:  01.01.2020 Place of acceptance:  100050000000 Authority that adopted the act: 103001000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  5 Status of the act:  new Sphere of legal relations:  029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act:  COMM / CODE Legal force:  1900 Language of the Act:  rus  

 

 

 

 

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Comment to article 210. Conducting payments and (or) money transfers for foreign exchange transactions without submitting a currency agreement in accordance with the procedure provided for by the currency legislation of the Republic of Kazakhstan The Code of the Republic of Kazakhstan on Administrative Offences

Comment to article 210. Conducting payments and (or) money transfers for foreign exchange transactions without submitting a currency agreement in accordance with the procedure...

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Article 546. Movement of goods and vehicles across the customs border of the Eurasian Economic Union by individuals in violation of the procedure for the movement of goods for personal use established by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan Code of the Republic of Kazakhstan on Administrative Offenses

Article 546. Movement of goods and vehicles across the customs border of the Eurasian Economic Union by individuals in violation of the procedure for the movement of goods for...

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Comment to article 211-2. Violation by the person to whom the right (claim) has been assigned under a bank loan agreement or a micro-loan agreement of the requirements and restrictions imposed by the legislation of the Republic of Kazakhstan on the relationship between the lender and the borrower The Code of the Republic of Kazakhstan on Administrative Offences

Comment to article 211-2. Violation by the person to whom the right (claim) has been assigned under a bank loan agreement or a micro-loan agreement of the requirements and res...

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Article 351-1. The specifics of calculating, withholding and paying individual income tax on a lump sum pension payment in accordance with the legislation of the Republic of Kazakhstan on social protection, the Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan

Article 351-1. The specifics of calculating, withholding and paying individual income tax on a lump sum pension payment in accordance with the legislation of the Republic of K...

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Article 231. Violation of the deadlines established by the legislation of the Republic of Kazakhstan for the approval of senior officials of financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non-residents of the Republic of Kazakhstan, branches of insurance brokers of non-residents of the Republic of Kazakhstan, banking and insurance holdings, Insurance Benefit Guarantee Fund of the Code of Administrative Offences of the Republic of Kazakhstan

Article 231. Violation of the deadlines established by the legislation of the Republic of Kazakhstan for the approval of senior officials of financial organizations, branches...

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Comment to Article 231. Violation of the deadlines established by the legislation of the Republic of Kazakhstan for the approval of senior officials of financial organizations, banking and insurance holdings, and the Insurance Benefit Guarantee Fund The Code of the Republic of Kazakhstan on Administrative Offences

Comment to Article 231. Violation of the deadlines established by the legislation of the Republic of Kazakhstan for the approval of senior officials of financial organizations...

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Article 40. The deprivation of state awards of the Republic of Kazakhstan is carried out by the President of the Republic of Kazakhstan in case of conviction of the awarded person for a crime - on the recommendation of the court on the basis and in accordance with the procedure established by law. X Deprivation of State awards of the Republic of Kazakhstan of the Law On State Awards of the Republic of Kazakhstan

Article 40. The deprivation of state awards of the Republic of Kazakhstan is carried out by the President of the Republic of Kazakhstan in case of conviction of the awarded pe...

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Article 287. Non-fulfillment of obligations established by the tax legislation of the Republic of Kazakhstan by taxpayers when exporting and importing goods, performing works, and providing services in the Eurasian Economic Union, as well as non-fulfillment by persons of the requirements established by the legislation of the Republic of Kazakhstan of the Code of Administrative Offenses of the Republic of Kazakhstan

Article 287. Non-fulfillment of obligations established by the tax legislation of the Republic of Kazakhstan by taxpayers when exporting and importing goods, performing works,...

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Article 285-1. Non-fulfillment by custodians, brokers and (or) dealers who have the right to maintain customer accounts as nominee holders of securities, investment portfolio managers, insurance organizations, collection agencies of duties established by the tax legislation of the Republic of Kazakhstan Code of the Republic of Kazakhstan On Administrative Offenses

Article 285-1. Non-fulfillment by custodians, brokers and (or) dealers who have the right to maintain customer accounts as nominee holders of securities, investment portfolio...

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Article 441. Violation of the prohibition of consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, in places where it is established by the legislation of the Republic of Kazakhstan Code of the Republic of Kazakhstan On Administrative Offenses

Article 441. Violation of the prohibition of consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems,...

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Article 489. Violation of the legislation of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of unregistered public and religious associations in accordance with the procedure established by the legislation of the Republic of Kazakhstan, financing of their activities of the Code of the Republic of Kazakhstan on Administrative Offenses

Article 489. Violation of the legislation of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of unregistered public a...

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