Comment to article 419. Violation of the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements, committed in the form of:
1) violations of mandatory metrological requirements for measurements, measuring instruments, standard samples, measurement methods established in measurement lists related to state regulation and regulatory legal acts;
2) the release into circulation, the use of measuring instruments subject to state metrological control that have not been tested for type approval or metrological certification, as well as verification and (or) not included in the register of the state system for ensuring the uniformity of measurements;
3) the application of measurement techniques that are subject to state metrological control and have not passed metrological certification and registration in the register of the state system for ensuring the uniformity of measurements, -
entails a fine for individuals in the amount of thirty, for officials, small business entities or non-profit organizations - in the amount of two hundred and thirty, for medium-sized businesses - in the amount of three hundred and ten, for large businesses - in the amount of one thousand 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 ninety, for officials, small business entities or non-profit organizations - in the amount of four hundred and sixty, for medium-sized businesses - in the amount of six hundred and twenty, for large businesses - in the amount of two thousand monthly calculation indices.
The object of the offense provided for in article 419 is the procedure for ensuring the uniformity of measurements.
In accordance with the Law of the Republic of Kazakhstan dated June 7, 2010 "On Ensuring the Uniformity of Measurements" (hereinafter referred to as the "Law on Ensuring the Uniformity of Measurements"), the objectives of ensuring the uniformity of measurements, among others, include protecting the interests of individuals and legal entities from unreliable measurement results (Article 4).
Part 1 lists the actions that characterize the objective side of the offense.:
- violation of mandatory metrological requirements for measurements, measuring instruments, standard samples, measurement methods established in measurement lists related to state regulation and regulatory legal acts.
The measurement lists are approved by orders of the heads of Ministries (for example: Joint Order of the Minister of Justice of the Republic of Kazakhstan dated March 14, 2019 No. 122 and the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated March 18, 2019 No. 150 "On approval of the list of measurements related to State regulation"; Joint Order of the Minister of Health of the Republic of Kazakhstan dated April 3, 2019 No. KR DSM-18 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated April 4, 2019 No. 195 "On approval of the list of measurements related to State regulation");
- the release into circulation, the use of measuring instruments subject to state metrological control that have not been tested for type approval or metrological certification, as well as verification and (or) not included in the register of the state system for ensuring the uniformity of measurements.
In accordance with paragraph 1 of Article 17 of the Law on Ensuring the Uniformity of Measurements, measuring instruments that are objects of state metrological control are subject to type approval before being put into circulation. The decision on the approval of the type of measuring instruments is made by the authorized body on the basis of positive test results. In accordance with paragraph 2 of Article 17, metrological certification is allowed for measuring instruments put into circulation in single copies that are objects of state metrological control.
In accordance with paragraph 1 of Article 19 of the same law, the specified measuring instruments, after their type approval or metrological certification and registration in the register of the state system for ensuring the uniformity of measurements, are subject to verification before being put into circulation, after repair, and during operation.;
- the use of measurement techniques that are subject to state metrological control and have not passed metrological certification and registration in the register of the state system for ensuring the uniformity of measurements.
In accordance with article 12 of the Law on Ensuring the Uniformity of Measurements, measurement methods used in measurements for which metrological requirements are established in the measurement lists related to state regulation and regulatory legal acts are subject to registration in the register of the state system for ensuring the uniformity of measurements. The methods must also pass metrological certification. By Order of the Minister of Investment and Development of the Republic of Kazakhstan dated December 27, 2018 No. 932 approved the Rules for the development, metrological certification, approval and registration in the register of the state system for ensuring the uniformity of measurements of measurement methods and reference measurement methods.
On the subjective side, the offense is characterized by intent or negligence.
The subject of the offense is individuals, officials, individual entrepreneurs, and legal entities.
Part 2 provides for increased liability for repeated commission within a year after the imposition of an administrative penalty of the offense provided for in part 1 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 419 (paragraphs 37, part 1, part 3 of Article 804).
Cases of administrative offenses provided for in Part 1 of Article 419 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), and Part 2 – by 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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