Comment to article 495. Submission of deliberately false information to the state bodies of the Republic of Kazakhstan upon receipt of identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Submission of deliberately false information to the state bodies of the Republic of Kazakhstan upon receipt of identity documents, -

     entails a fine in the amount of twenty monthly calculation indices.

     2. Submission of deliberately false information by a foreigner or a stateless person to the state bodies of the Republic of Kazakhstan when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan -

     entails administrative expulsion from the Republic of Kazakhstan.

     The object of the administrative offense being commented on is the established management procedure in the field of compliance with the legislation of the Republic of Kazakhstan on population migration.

     The objective side of Part 1 of the article under consideration is characterized by one illegal act (inaction) in the form of knowingly providing false information to the state bodies of the Republic of Kazakhstan upon receipt of identity documents.

     The concept of an identity document is defined by the Decree of the Government of the Republic of Kazakhstan dated August 26, 2013 No. 852 "On approval of the Rules for Registration, issuance, replacement, surrender, withdrawal and Destruction of a passport of a citizen of the Republic of Kazakhstan, an identity card of a citizen of the Republic of Kazakhstan, a residence permit for a foreigner in the Republic of Kazakhstan, a certificate of a stateless person and a refugee certificate". An identity document is a material object of a standard pattern with information about an individual's personal data recorded on it, which makes it possible to establish the identity and legal status of its owner for identification purposes.

     In accordance with Articles 6 of the Law of the Republic of Kazakhstan dated January 29, 2013 No. 73 "On Identity documents", identity documents are:

     1) passport of a citizen of the Republic of Kazakhstan;

     2) identity card of a citizen of the Republic of Kazakhstan;

     3) a foreigner's residence permit in the Republic of Kazakhstan;

     4) certificate of a stateless person;

     5) the diplomatic passport of the Republic of Kazakhstan;

     6) official passport of the Republic of Kazakhstan;

     7) Refugee certificate;

     8) identity card of a seafarer of the Republic of Kazakhstan;

     9) a foreign passport;

     10) Certificate of return;

     11) birth certificate.

     In cases stipulated by the Criminal Procedure Code of the Republic of Kazakhstan, a driver's license, a military ID card and a birth certificate may be recognized as identity documents.

     The list of documents and information required to obtain an identity document is contained in the Instructions and Rules approved by the Government and the Ministry of Internal Affairs of the Republic of Kazakhstan.:  

     1. Resolution of the Government of the Republic of Kazakhstan dated August 26, 2013 No. 852 "On approval of the Rules for Registration, issuance, replacement, surrender, withdrawal and Destruction of a passport of a citizen of the Republic of Kazakhstan, an identity card of a citizen of the Republic of Kazakhstan, a residence permit for a foreigner in the Republic of Kazakhstan, a certificate of a stateless person and a refugee certificate".  

     2. Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated January 28, 2016 No. 85 "On Approval of the Rules for the Reception, Registration and Consideration by Internal affairs Bodies of Petitions (Applications) for Admission to Citizenship of the Republic of Kazakhstan and restoration to Citizenship of the Republic of Kazakhstan, including in a simplified (registration) procedure, renunciation, loss, deprivation citizenship and determination of belonging to the citizenship of the Republic of Kazakhstan".  

     3. Order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated September 15, 2017 No. 11-1-2/420 "On approval of the Rules for receiving, processing and reviewing applications by foreign institutions of the Republic of Kazakhstan on issues of citizenship of the Republic of Kazakhstan, loss and deprivation of citizenship of the Republic of Kazakhstan and determination of citizenship of the Republic of Kazakhstan".  

     The subject of the offense under part 1 of the analyzed article is sane individuals who have reached the age of sixteen at the time of the termination or suppression of an administrative offense.

     The objective side of Part 2 of the commented article is characterized by one illegal act (inaction) in the form of the submission by a foreigner or a stateless person of deliberately false information to the state authorities of the Republic of Kazakhstan when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan.

     In accordance with Article 15 of the Law of the Republic of Kazakhstan dated December 20, 1991 No. 1017 "On Citizenship of the Republic of Kazakhstan", foreigners and stateless persons may be granted citizenship of the Republic of Kazakhstan upon their application. The decision on applications for citizenship of the Republic of Kazakhstan is made by the President of the Republic of Kazakhstan. According to article 18 of the same law, it states that "A person who previously held the citizenship of the Republic of Kazakhstan may, upon his request, be restored to the citizenship of the Republic of Kazakhstan in accordance with the requirements of the legislation of the Republic of Kazakhstan."

     Documents are accepted and checked in accordance with the requirements of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated January 28, 2016 No. 85. Applications (applications) for admission to the citizenship of the Republic of Kazakhstan and restoration to the citizenship of the Republic of Kazakhstan, including in a simplified (registration) procedure, renunciation of citizenship, loss, deprivation of citizenship and determination of citizenship of the Republic of Kazakhstan for persons residing in the territory of the Republic of Kazakhstan, are accepted by the internal affairs bodies of the Republic of Kazakhstan the applicant's place of permanent residence. The materials on citizenship issues received by the internal affairs bodies of the Republic of Kazakhstan are checked for the reason for the change of citizenship and the completeness of the questionnaire information, the correctness of the spelling of the surname, first name and patronymic (if any) of the applicant and his family members. If incomplete or inaccurate information is found in the submitted documents, they are immediately returned to the applicant for making appropriate changes and additions.

     The rules for receiving, processing and reviewing applications by foreign institutions of the Republic of Kazakhstan on issues of citizenship of the Republic of Kazakhstan, loss and deprivation of citizenship of the Republic of Kazakhstan and determination of citizenship of the Republic of Kazakhstan were approved by Order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated September 15, 2017 No. 11-1-2/420 "On approval of the Rules for receiving, processing and reviewing applications by foreign institutions of the Republic of Kazakhstan on issues of citizenship of the Republic of Kazakhstan, loss and deprivation of citizenship of the Republic of Kazakhstan and determination of belonging to the citizenship of the Republic of Kazakhstan".  

     The subjects of the offense under part 2 of Article 495 of the Administrative Code are directly indicated in the disposition of this article and they may be:

     1)foreign citizens;

     2) stateless persons.

     The concept of foreigners and stateless persons in the Republic of Kazakhstan is given by the Law of the Republic of Kazakhstan dated June 19, 1995 No. 2337 "On the legal status of foreigners". Foreigners in the Republic of Kazakhstan are persons who are not citizens of the Republic of Kazakhstan and have proof of their citizenship of another state. Persons who are not citizens of the Republic of Kazakhstan and who do not have proof of their citizenship of another state are recognized as stateless persons.

     The subjective side of all parts of the article under consideration can only be expressed in the form of direct intent. The offender is aware that he is knowingly providing false information in order to obtain citizenship of the Republic of Kazakhstan and other identity documents, concealing information about himself that may be an obstacle to achieving his goal. The motive may be the desire to hide negative information about yourself.

     They have the right to consider cases of administrative offenses provided for in the article under study.:

     1) in part 2 - judges of specialized district and equivalent administrative courts (art. 684 of the Administrative Code);

     2) according to part 1 - authorized officials of the internal affairs bodies (art. 685 of the Administrative Code).

     Authorized officials of the internal affairs bodies have the right to draw up protocols on administrative offenses in all parts of the commented article (Part 1 of Article 804 of the Administrative Code).

     The sanction of part 2 of the analyzed article provides for one non-alternative administrative penalty in the form of administrative expulsion from the Republic of Kazakhstan. In accordance with Article 917 of the Administrative Code, the resolution on the administrative expulsion of foreigners or stateless persons from the Republic of Kazakhstan is executed by the border service of the National Security Committee of the Republic of Kazakhstan.

Judicial practice of considering cases on the expulsion of foreigners or stateless persons from the Republic of Kazakhstan and explanations are contained in the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 13, 2013 No. 4. Administrative expulsion of foreigners or stateless persons from the Republic of Kazakhstan may be applied as the main or additional administrative penalty imposed in the manner and on the grounds, established by a special part of the Administrative Code.  

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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