Comment to article 499. Violation of the procedure for submitting administrative data The Code of the Republic of Kazakhstan on Administrative Offences
1. Submission by an administrative source of unreliable administrative data to the authorized body in the field of state statistics -
entails a fine for officials in the amount of twenty monthly calculation indices.
2. Failure of an administrative source to provide administrative data to an authorized body in the field of state statistics -
entails a fine for officials in the amount of twenty monthly calculation indices.
3. The acts provided for in the first and second parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
they impose a fine on officials in the amount of thirty monthly calculation indices.
Note. For the purposes of this article, officials should be understood as the heads of an administrative source or persons performing their duties who are responsible for providing administrative data to an administrative source, as well as for their reliability.
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 State Statistics.
The subject of an administrative offense here is the administrative data of state statistics.
Article 1 of the Law of the Republic of Kazakhstan dated March 19, 2010 No. 257 "On State Statistics" defines administrative data, which are individual quantitative and (or) qualitative data on an individual or legal entity and economic accounting data generated by administrative sources, with the exception of primary statistical data (paragraph 3).
Household accounting is the process of generating administrative data on households and peasant and (or) farm farms (paragraph 24).
The objective side of part 1 of the article under consideration is expressed by one illegal act in the form of an administrative source submitting unreliable administrative data to the authorized body in the field of state statistics.
Based on Article 16 of the Law of the Republic of Kazakhstan dated March 19, 2010 No. 257 "On State Statistics", administrative sources have the right to receive official statistical information in accordance with Article 26 of this Law.
Akims of a settlement, village, or rural district are required to keep household records in accordance with the statistical methodology approved by the authorized body, organize registration records in accordance with the form approved by the authorized body, and ensure the reliability of household records.
Administrative sources are required to:
1) apply the state classifiers developed by the authorized body in accordance with the procedure established by the legislation of the Republic of Kazakhstan on technical regulation;
2) coordinate with the authorized body the forms intended for collecting administrative data, as well as methods for calculating indicators.;
3) submit administrative data to the authorized body free of charge in accordance with the procedure and time limits established by the authorized body.
The National Bank of the Republic of Kazakhstan submits administrative data to the authorized body, with the exception of information constituting a banking secret.
The objective side of part 2 of the commented article is expressed by one illegal omission in the form of failure by an administrative source to provide administrative data to the authorized body in the field of state statistics.
Article 26 of the Law of the Republic of Kazakhstan dated March 19, 2010 No. 257 "On State Statistics" regulates the procedure for the dissemination of statistical information. Official statistical information is subject to dissemination in accordance with the schedule for the dissemination of official statistical information in the amounts provided for in the statistical work plan.
For example, the schedule for respondents to submit primary statistical data on national and departmental statistical observations for 2019 was approved by Order No. 14 of the Chairman of the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan dated December 26, 2018. The schedule for the provision of statistical data is presented in the prescribed form for one year and contains information:
1) the circle of respondents;
2) name of the statistical form;
3) the index of the statistical form;
4) the frequency of respondents' submission of primary statistical data;
5) the date of the respondents' submission of the primary statistical data.
A similar schedule for respondents to submit primary statistical data on national and departmental statistical observations for 2019 was approved by Order No. 14 of the Chairman of the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan dated December 26, 2018.
State statistical agencies provide users with equal rights to simultaneous access to high-quality official statistical information and statistical methodology by posting them on the Internet resources of state statistical agencies.
Statistical information that is not provided for in the schedule for the dissemination of official statistical information and requires additional costs for its development is provided on a reimbursable basis. Based on one-time requests from government agencies for the purpose of exercising their powers in accordance with the legislation of the Republic of Kazakhstan, it is possible to provide statistical information free of charge that is not provided for in the schedule for the dissemination of official statistical information and developed on the basis of primary statistical data provided by respondents in accordance with the schedule for the presentation of primary statistical data by respondents. Statistical information generated based on administrative data is distributed independently by government agencies.
The objective side of part 3 of the commented article is expressed by illegal actions (omissions) provided for in parts one and two of this article, committed repeatedly within a year after the imposition of an administrative penalty.
The subjects of the offense under investigation are officials in the form of administrative sources, the concept of which is given in Article one of the Law of the Republic of Kazakhstan dated March 19, 2010 No. 257 "On State Statistics". Administrative sources are central and local executive bodies, akims of a village, village, rural district, the National Bank of the Republic of Kazakhstan and other government bodies that collect accounting or other data in the process of implementing strategic, regulatory, implementation or control functions in accordance with the legislation of the Republic of Kazakhstan, with the exception of statistical activities (paragraph 2).
The note of the article under study gives a concept to an official, which details the concept to an official defined by a note to Article 30 of the Administrative Code. In this regard, the subjects of the offense can only be officials (administrative sources) specified in the sanction of the article. For the purposes of this article, officials should be understood as the heads of an administrative source or persons performing their duties who are responsible for providing administrative data to an administrative source, as well as for their reliability.
The subjective side of the article in question can be expressed as either direct intent or carelessness.
In accordance with part 2 of Article 719 of the Administrative Code, the heads of territorial bodies of the authorized body in the field of state statistics and their deputies have the right to consider cases of administrative offenses and impose administrative penalties.
The sanction of the first and second parts of the article under study in the form of an uncontested administrative fine in the amount of 20 minimum calculated indicators fully coincide in terms of the size of the fine and the subject of administrative responsibility. There is no need for each qualifying feature to form a separate part of Article 499 of the Administrative Code. In this regard, the disposition of part 1 of Article 499 of the Administrative Code should be stated in the form: "Failure to provide administrative data or submission of unreliable administrative data by an administrative source to an authorized body in the field of state statistics."
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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