Comment to article 417. Violation of the procedure for issuing a certificate of origin and concluding forms of goods of the Eurasian Economic Union or a foreign product of the Code of Administrative Offences of the Republic of Kazakhstan
1. Preparation by expert auditors of an opinion on determining the country of origin of goods for domestic circulation, the status of goods of the Eurasian Economic Union or a foreign product, and issuance by an expert organization of expert certificates on the origin of goods for domestic circulation, on determining the status of goods of the Eurasian Economic Union or a foreign product, in which the data on the goods are falsified and (or) unreliable, -
a fine is imposed on expert auditors to determine the country of origin of goods for domestic circulation, the status of goods of the Eurasian Economic Union or a foreign product in the amount of ten monthly calculation indices with the suspension of expert auditors' certificates to determine the country of origin of goods for domestic circulation, the status of goods of the Eurasian Economic Union or a foreign product for a period of six months, on expert organizations - in the amount of thirty monthly calculation indices with the suspension of activities for up to three months.
2. Refusal to issue a certificate of origin of goods in case of submission of a duly executed act of expertise on the origin of goods for internal circulation, documents confirming the origin of goods for internal circulation, according to the list approved by the authorized body in the field of technical regulation, or refusal to issue an opinion on the forms of goods of the Eurasian Economic Union or a foreign product in case of submission of a duly executed act expertise on determining the status of goods of the Eurasian Economic Union or a foreign product and information, documents, confirming the status of a product of the Eurasian Economic Union or a foreign product, -
entails a fine on an organization authorized to issue a certificate of origin, bodies (organizations) authorized to issue a certificate of origin for internal circulation, the conclusion of forms of goods of the Eurasian Economic Union or a foreign product, in the amount of fifty monthly calculation indices.
3. Issuance by an authorized organization of a certificate of origin of goods, by bodies (organizations) authorized to issue a certificate of origin of goods for internal circulation, conclusion of forms of goods of the Eurasian Economic Union or a foreign product, certificate of origin of goods for internal circulation, conclusion of forms of goods of the Eurasian Economic Union or a foreign product in which the data on the goods are falsified and/or unreliable, -
entails a fine on an organization authorized to issue a certificate of origin, bodies (organizations) authorized to issue a certificate of origin for internal circulation, the conclusion of forms of goods of the Eurasian Economic Union or a foreign product, in the amount of thirty monthly calculation indices.
4. Violation by an authorized organization, bodies (organizations) authorized to issue a certificate of origin, a certificate of origin for internal circulation, the conclusion of the forms of goods of the Eurasian Economic Union or a foreign product, the deadline for issuing a certificate of origin, a certificate of origin for internal circulation, the conclusion of the forms of goods of the Eurasian Economic Union or a foreign goods, as well as a written reasoned decision to refuse to issue them -
entails a fine on an organization authorized to issue a certificate of origin, bodies (organizations) authorized to issue a certificate of origin for internal circulation, the conclusion of forms of goods of the Eurasian Economic Union or a foreign product, in the amount of thirty monthly calculation indices.
5. Submission of falsified and (or) unreliable documents confirming the origin of goods according to the list approved by the authorized body in the field of technical regulation for obtaining a certificate of origin, documents confirming the origin of goods for internal circulation, for obtaining a certificate of origin for internal circulation, as well as information, documents confirming the status of goods of the Eurasian Economic Union union or foreign product, to obtain a conclusion on the forms of goods of the Eurasian Economic Union or a foreign product -
entails a fine for small businesses in the amount of twelve, for medium-sized businesses in the amount of twenty, for large businesses in the amount of thirty monthly calculation indices.
6. Actions (inaction) provided for in parts one, two, three and four of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
entail a fine on expert auditors to determine the country of origin of the goods, the status of the goods of the Eurasian Economic Union or a foreign product in the amount of forty monthly calculation indices with the deprivation of certificates of expert auditors to determine the country of origin of the goods, the status of the goods of the Eurasian Economic Union or a foreign product, on the organization authorized to issue the certificate, bodies (organizations), authorized to issue a certificate of origin for internal circulation, for the conclusion of forms of goods of the Eurasian Economic Union or a foreign product, in the amount of one hundred monthly calculation indices, for expert organizations - in the amount of sixty monthly calculation indices, with the suspension of activities for up to three months.
The object of the offenses provided for in Article 417 is the procedure established by law for certifying the origin of goods and issuing an opinion on the forms of goods of the Eurasian Economic Union or a foreign product. Compliance with this procedure helps to ensure the safety and quality of goods.
Part 1 of Article 417, as an objective aspect, provides for the preparation of an opinion on determining the country of origin of goods for domestic circulation, the status of goods of the Eurasian Economic Union (EAEU) or a foreign product, and the issuance of examination certificates on the origin of goods for domestic circulation, on determining the status of goods of the EAEU or a foreign product with falsified or unreliable data.
The conclusion is drawn up by an authorized person of an authorized organization (an expert auditor) before issuing a certificate of origin or a document confirming the status of the EAEU product or a foreign product. In the process of preparing the conclusion, an analysis of the documents submitted by the applicant is carried out, including the act of examination to determine the country of origin of the goods for internal circulation (paragraphs 24 and 52 of the Order of the acting Minister of Investment and Development of the Republic of Kazakhstan dated February 24, 2015 No. 155 "On approval of the Rules for determining the country of origin of goods, issuing a certificate of origin and canceling its validity").
In accordance with paragraph 5 of Article 16-1 of the Law of the Republic of Kazakhstan dated November 9, 2004 "On Technical Regulation" (hereinafter referred to as the "Law on Technical Regulation"), expert auditors for determining the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods are prohibited from drawing up acts of expertise on the origin of goods, on determining the status of goods of the Eurasian Economic Union or a foreign product, if the submitted information about the product is falsified and/or unreliable.
The subjective side of the offense is characterized by intent.
The subject of the offense is expert auditors (individuals) and expert organizations.
Part 2, as an objective aspect, provides for inaction in the form of:
- refusal to issue a certificate of origin of goods in case of submission of a duly executed act of expertise on the origin of goods for internal circulation, documents confirming the origin of goods for internal circulation, according to the list approved by the authorized body in the field of technical regulation.
The list of documents is set out in the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated February 24, 2015 No. 155 "On approval of the Rules for determining the country of origin of goods, issuing a certificate of origin and canceling its validity";
- refusal to issue an opinion on the forms of the EAEU product or a foreign product in the case of a properly executed examination report on determining the status of the EAEU product or a foreign product and information, documents confirming the status of the EAEU product or a foreign product.
The certificate of origin is issued by the National Chamber of Entrepreneurs of Kazakhstan (paragraph 7 of Article 14 of the Law of the Republic of Kazakhstan dated July 4, 2013 "On the National Chamber of Entrepreneurs of the Republic of Kazakhstan") through its regional chambers. The Chamber also determines the status of goods of the Eurasian Economic Union and (or) foreign goods (paragraph 15 of Article 14).
The subjective side of the offense is characterized by intent.
The subject of the offense is the bodies (organizations) authorized to issue certificates of origin of goods, conclude forms of goods of the EAEU and foreign goods, which are the regional chambers of entrepreneurs of the National Chamber of Entrepreneurs.
Part 3, as an objective aspect, provides for the issuance by an authorized organization (the National Chamber of Entrepreneurs) of a certificate of origin, the conclusion of the forms of the EAEU product or a foreign product, and a certificate of origin for internal circulation in which the product data is falsified and/or unreliable.
The procedures for issuing certificates and conclusions of forms of goods are regulated, respectively, by the Rules for determining the country of origin of goods, issuing a certificate of origin and revoking its validity, approved by the Order of I.O. Minister of Investment and Development of the Republic of Kazakhstan dated February 24, 2015 No. 155, Decision of the Commission of the Customs Union dated August 17, 2010 No. 437 "On the form, procedure for filling out, issuing and applying conclusions on the recognition of goods manufactured (received) using foreign goods placed under the customs procedure of a free customs zone or customs procedure of a free warehouse, a product of the Eurasian Economic Union and on the recognition of goods manufactured (obtained) using foreign goods, placed under the customs procedure of a free customs zone or the customs procedure of a free warehouse, which are not goods of the Eurasian Economic Union (Moscow)." These documents provide for the conditions for issuing documents, verification and other actions aimed at avoiding falsification and unreliability of information about goods. In accordance with the paragraphs. 14-1 of Article 7 of the Law on Technical Regulation, the authorized body (the Ministry of Industry and Infrastructure Development) verifies (verifies) the validity of issuing certificates of origin, the accuracy of the information contained therein, as well as checks on manufacturers' compliance with the criteria for determining the country of origin of goods based on requests from authorized authorities of the country of importation of goods.
The subjective side of the offense is characterized by intent.
The subject of the offense is the bodies (organizations) authorized to issue certificates of origin of goods, conclude forms of goods of the EAEU and foreign goods, which are the regional chambers of entrepreneurs of the National Chamber of Entrepreneurs.
Part 4, as an objective aspect, provides for a violation by an authorized organization (the National Chamber of Entrepreneurs) of the deadline for issuing a certificate of origin, a certificate of origin for domestic circulation, the conclusion of forms of EAEU goods or foreign goods, as well as a written reasoned decision to refuse to issue them.
The deadline for issuing a certificate of origin or a written reasoned decision to refuse to issue it is provided for in paragraph 72 of the Rules for determining the country of origin, issuing a certificate of origin and canceling its validity, approved by Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated February 24, 2015 No. 155. This period may not exceed one or two business days from the date of registration of the application with the authorized organization.
The subjective side of the offense is characterized by intent or negligence.
The subject of the offense is organizations authorized to issue certificates of origin of goods, conclude forms of goods of the EAEU and foreign goods, which are the regional chambers of entrepreneurs of the National Chamber of Entrepreneurs.
Part 5, as an objective side, provides for an action in the form of submitting falsified and (or) unreliable documents in order to obtain certificates of origin of goods and to obtain a conclusion on the forms of EAEU goods or foreign goods.
It's about:
- documents confirming the origin of the goods in order to obtain a certificate of origin. The list of documents confirming the origin of the goods is established by the Order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and New Technologies of the Republic of Kazakhstan dated July 8, 2014 No. 257 (in the case of obtaining a certificate of origin);
-documents confirming the origin of goods for internal circulation in order to obtain a certificate of origin for internal circulation. The documents are specified in clause 45 of the Rules for determining the country of origin of goods, issuing a certificate of origin and canceling its validity, approved by Order No. 155 of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated February 24, 2015.;
- information and documents confirming the status of the EAEU product or a foreign product in order to obtain a conclusion on the forms of the EAEU product or a foreign product.
The subjective side of the offense is characterized by intent.
The subject of the offense is individual entrepreneurs and legal entities (business entities).
Part 6 provides for increased responsibility for the repeated commission of offenses provided for in parts 1-5 of the commented article.
Officials of bodies in the field of technical regulation and ensuring the uniformity of measurements and their territorial bodies have the right to draw up protocols on administrative offenses provided for in Article 417 (paragraphs 37, part 1, part 3 of Article 804).
Cases of administrative offenses provided for in parts 1 and 6 of Article 417 are considered by judges of specialized district and equivalent administrative courts (part 1 of Article 684), and in parts 2-5 by bodies exercising state control in the field of technical regulation, ensuring the uniformity of measurements and standardization.
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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