Comment to article 415. Violation of the legislation of the Republic of Kazakhstan in the field of technical regulation The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the legislation of the Republic of Kazakhstan in the field of technical regulation, committed in the form of:
1) the release into circulation of products that do not meet the requirements established by technical regulations and regulatory legal acts;
2) the release of products into circulation without documents confirming and (or) assessing compliance in accordance with the requirements established by technical regulations and regulatory legal acts, -
entails a fine for individuals in the amount of ninety, for officials, small business entities or non-profit organizations - in the amount of one hundred and ninety-five, for medium-sized businesses - in the amount of three hundred and ten, for large businesses - in the amount of six hundred monthly calculation indices.
2. The action (inaction) provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine for individuals in the amount of one hundred and thirty-five, for officials, small business entities or non-profit organizations - in the amount of three hundred and sixty, for medium-sized businesses - in the amount of six hundred, for large businesses - in the amount of one thousand two hundred monthly calculation indices, with or without suspension of activities, with confiscation of products or services. without one.
The object of the offense provided for in article 415 is product safety, the procedure for technical regulation that ensures the release and sale of safe products.
In accordance with the Law of the Republic of Kazakhstan "On Technical Regulation", the objectives of technical regulation are to ensure the safety of products and processes for human life and health and the environment, including flora and fauna; ensuring national security; preventing actions that mislead consumers about the safety and quality of products and services; removing technical barriers to trade; increasing the competitiveness of domestic products; saving natural and energy resources. Such goals explain why the Government attaches such importance to technical regulation issues.
The objective side of the offense includes such actions as:
- the release into circulation of products that do not meet the requirements established by technical regulations and regulatory legal acts.
The release of products into circulation in accordance with paragraphs 18-1 of Article 1 of the Law on Technical Regulation is understood to mean the supply or import of products (including shipment from the manufacturer's warehouse or shipment without warehousing) for the purpose of distribution on the territory of the Republic of Kazakhstan when conducting business on a gratuitous or reimbursable basis.
The requirements ensuring the safety of products or processes are established in technical regulations (paragraph 7 of Article 18 of the Law on Technical Regulation). These requirements are mandatory and have direct effect on the entire territory of the Republic of Kazakhstan (paragraph 2 of Article 17 of the Law on Technical Regulation).
According to the meaning of the article, product requirements can be established not only by technical regulations, but also by other regulatory legal acts, and if there are no special formulations on violations of such requirements (see, for example, Article 169 of the Administrative Code "Violation of the legislation of the Republic of Kazakhstan on state regulation of biofuel production and turnover"), then Article 415 should apply.;
- the release of products into circulation without documents confirming and (or) assessing compliance in accordance with the requirements established by technical regulations and regulatory legal acts.
In accordance with the Law on Technical Regulation, confirmation of conformity of products in the territory of the Republic of Kazakhstan is mandatory or voluntary (paragraph 5 of Article 26). Article 415 does not apply to cases of voluntary conformity assessment. The products subject to mandatory conformity assessment are determined by technical regulations (paragraph 1 of Article 27 of the Law on Technical Regulation). Mandatory confirmation of product conformity is carried out for compliance with the requirements established by technical regulations (paragraph 3 of Article 27). Documents in the field of conformity assessment are recognized as a certificate of conformity issued by an accredited conformity assessment body or a declaration of conformity accepted by the manufacturer or supplier of products (paragraph 34 of Article 1). In accordance with paragraph 2, paragraph 2, of Article 28 of the said law, manufacturers (performers), sellers of products subject to mandatory conformity assessment are required to ensure that the conformity assessment is carried out, and in accordance with paragraph 6, paragraph 2, of Article 28, indicate information about the certificate of conformity or declaration of conformity in the accompanying documentation. Conformity assessment is one of the types of conformity assessment activities, which may also include testing, research, measurement, verification, calibration, and other actions and certifications (paragraph 21 of Article 1 of the Law of the Republic of Kazakhstan dated July 5, 2008 "On Accreditation in the field of conformity assessment").
The subjective side is characterized by intent or carelessness.
The subject of the offense is individuals, individual entrepreneurs, officials or legal entities.
Part 2 provides for increased liability for repeated actions within a year after the imposition of an administrative penalty. Increased liability is expressed not only in larger fines, but also in the possible suspension of activities or confiscation of products.
Protocols on administrative offences provided for in Article 415 may be drawn up by officials of bodies in the field of technical regulation and ensuring the uniformity of measurements and their territorial bodies (paragraphs 37, part 1, part 3 of Article 804), as well as the authorized body in the field of consumer rights protection and its territorial bodies (paragraphs 64, Part 1, Part 3 of Article 804).
Cases of administrative offenses provided for in Part 1 of Article 415 are considered by bodies exercising state control in the field of technical regulation, ensuring the uniformity of measurements and standardization (part 1 of Article 715), as well as the authorized body in the field of consumer rights protection (part 1 of Article 715-1), and those provided for in part 2 of Article 415 are judges of specialized district and equivalent administrative courts (Part 1 of Article 684).
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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