Comment to Article 518. Violation of the legislation of the Republic of Kazakhstan in the field of population migration by individuals or legal entities accepting foreigners and stateless persons  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Failure by the receiving person to take measures for the timely registration of foreigners and stateless persons or the registration of documents for their right to stay in the Republic of Kazakhstan, or their departure from the Republic of Kazakhstan after a certain period of stay, or late informing the internal affairs bodies about the immigrants staying with them -

     entails a warning for individuals, a fine for officials, small businesses or non-profit organizations in the amount of ten, for medium-sized businesses - in the amount of fifteen, for large businesses - in the amount of twenty monthly calculation indices.

     2. Providing housing to a foreigner or a stateless person staying in the Republic of Kazakhstan in violation of the legislation of the Republic of Kazakhstan in the field of population migration, or evading departure from the Republic of Kazakhstan within the established time frame, or non-compliance of the actual place of residence with the address indicated during registration, -

     They impose a fine on individuals in the amount of twenty-five, on an official, on small businesses or non-profit organizations - in the amount of forty, on medium-sized businesses - in the amount of fifty-five, on large businesses - in the amount of seventy-five monthly calculation indices.

     3. The actions 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 individuals in the amount of thirty, on an official, on small businesses or non-profit organizations - in the amount of forty, on medium-sized businesses - in the amount of seventy, on large businesses - in the amount of one hundred monthly calculation indices.

     4. Making transactions with a foreigner or a stateless person staying in the Republic of Kazakhstan in violation of the legislation of the Republic of Kazakhstan in the field of population migration if the activities carried out do not meet the goals specified in the visa or when registering in the migration card, -

     entails a fine for individuals in the amount of thirty, for officials, for small businesses or non-profit organizations - in the amount of forty, for medium-sized businesses - in the amount of seventy-five, for large businesses - in the amount of one hundred and fifty monthly calculation indices.

     5. The action provided for in part four of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

     entails a fine for individuals in the amount of fifty, for officials, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred fifty, for large businesses - in the amount of three hundred monthly calculation indices.

     The general object of the offense is the established order of residence (stay) of foreigners and stateless persons in the Republic of Kazakhstan.  

     Currently, the procedure for issuing invitations to foreign citizens and stateless persons to enter the Republic of Kazakhstan is regulated by the Law of the Republic of Kazakhstan dated June 19, 1995 "On the Legal status of Foreigners", the Law of the Republic of Kazakhstan dated July 22, 2011 "On Population Migration", as well as Government resolutions adopted in pursuance of these laws "On approval of the Rules of Entry and the stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan and the Rules for Migration Control, as well as registration of foreigners and stateless persons, illegally crossing the State Border of the Republic of Kazakhstan, illegally staying in the territory of the Republic of Kazakhstan, as well as persons who are prohibited from entering the territory of the Republic of Kazakhstan" (Resolution of the Government of the Republic of Kazakhstan dated January 21, 2012 No. 148).

     The objective side of the offense under part 1 of this article is characterized by unlawful omissions in the form of failure by the receiving person to take measures to:

     1) timely registration of foreigners and stateless persons;  

     2) registration of documents for the right of stay of foreigners and stateless persons in the Republic of Kazakhstan;

     3) departure of foreigners and stateless persons from the Republic of Kazakhstan after a certain period of stay;

     4) late informing of the internal affairs bodies about the immigrants staying with them.

     Paragraph 10-1 of the Law of the Republic of Kazakhstan dated July 22, 2011 No. 477 "On Population Migration" defines the concept of the receiving person. The receiving person is a citizen of the Republic of Kazakhstan, a foreigner and a stateless person permanently residing in the Republic of Kazakhstan, or a legal entity registered in the Republic of Kazakhstan, applying for the invitation of immigrants to the Republic of Kazakhstan for temporary residence and (or) providing a place for their residence. In accordance with paragraph 4 of Article 6 of this law, registration of immigrants is carried out by the internal affairs bodies on the basis of information from the receiving persons, as well as the National Security Committee of the Republic of Kazakhstan, received from checkpoints across the State border of the Republic of Kazakhstan. The receiving persons are obliged to inform the internal affairs bodies about the immigrants staying with them within three working days from the date of their arrival.

     Registration of documents for the right of stay of foreigners and stateless persons is carried out on the basis of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated January 27, 2016 No. 83 "On approval of the Rules for Registration of Immigrant Passports, provision by receiving persons of information about immigrants staying with them, production and issuance of migration cards, movement of immigrants, entry of immigrants into Certain localities (territories), closed to foreigners, as well as transit of foreigners and stateless persons through the territory of the Republic of Kazakhstan."

     In accordance with the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated January 27, 2016 No. 83, receiving persons are required to inform the internal affairs bodies about immigrants staying with them within three working days from the date of their arrival in accordance with the established form, or through the Visa and Migration Portal (www.vmp.gov.kz ) of the unified information system "Berkut".

     The objective side of the offense of part 2 of the commented article is expressed by illegal actions in the form of providing housing to a foreigner or a stateless person who

     1) stays in the Republic of Kazakhstan in violation of the legislation of the Republic of Kazakhstan in the field of population migration

     2) avoids leaving the Republic of Kazakhstan within the established time limits;

     3) the place of actual residence does not correspond to the address indicated during registration.

     Article 26 of the Law of the Republic of Kazakhstan dated June 19, 1995 No. 2337 "On the legal status of foreigners" contains the legal basis for the responsibility of foreigners for violating the rules of stay in the Republic of Kazakhstan. Foreigners who violate the rules of stay in the Republic of Kazakhstan, that is, those living without documents for the right of residence or living on invalid documents, who do not comply with the established procedure for registration or movement and choice of place of residence, who evade departure after a certain period of stay, as well as those who do not comply with the rules of transit through the territory of the Republic of Kazakhstan, are subject to administrative liability in accordance with the laws of the Republic of Kazakhstan.

     According to the Rules of Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan dated January 21, 2012 No. 148: "If a foreigner changes his temporary place of residence in the Republic of Kazakhstan, the receiving legal entity or individual notifies the internal affairs bodies in writing within three days. In case of a change in their permanent or temporary place of residence, immigrants are re-registered with the internal affairs bodies at their new place of residence within five calendar days."

     The third part of the article under consideration provides for the qualifying features of the first and second parts of the article, committed repeatedly within a year after the imposition of an administrative penalty.  

     The objective side of the offense under paragraph 4 of this Article is expressed in the form of transactions with foreigners or stateless persons staying in the Republic of Kazakhstan in violation of the legislation of the Republic of Kazakhstan in the field of population migration in the form of non-compliance of the activities carried out with the purposes specified in the visa or when registering in the migration card.

     The purposes of stay of foreigners or stateless persons are indicated in the visa on the basis of a Joint Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated November 24, 2016 No. 11-1-2/555 and the Minister of Internal Affairs of the Republic of Kazakhstan dated November 28, 2016 No. 1100.

     Visas can be issued for various purposes of foreigners' stay in Kazakhstan. For example, tourism, participation in religious events, investment activities, visits to persons serving sentences in correctional institutions in the territory of the Republic of Kazakhstan, adoptions, work, study, humanitarian activities, caring for close relatives, etc.

The purposes of stay of foreigners or stateless persons on the basis of a migration card are indicated on the basis of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated January 27, 2016 No. 83 "On Approval of the Rules for Registration of Immigrant Passports, provision by Receiving persons of information about immigrants staying with them, production and issuance of migration cards, movement of immigrants, entry of immigrants into Certain Localities (territories) that are closed to foreigners, as well as transit of foreigners and stateless persons through the territory of the Republic of Kazakhstan." One of the following purposes is indicated in the "purpose of the trip" column of the migration card:

     1) private – when traveling on a visit, for other personal matters;

     2) official – when traveling on a business trip, on other business matters;

     3) to work – when following for work;

     4) to study – for students studying in higher and secondary specialized educational institutions of the Republic of Kazakhstan, as well as for persons following an internship or internship;

     5) for treatment – for persons going to medical organizations of the Republic of Kazakhstan for treatment;

     6) tourism – for people traveling as tourists.

     If the purpose of their stay is changed by citizens of countries with which the Republic of Kazakhstan has concluded international agreements on visa-free entry and stay, they will receive a new migration card indicating the appropriate purpose.

     The objective side of the offense under part 5 of the article under study provides for the qualifying features of Part 3 of this article, committed repeatedly within a year after the imposition of an administrative penalty.

     It should be noted that officials authorized to impose administrative penalties under parts 3 and 5 of the article should take into account the repeated actions of the offender only as a qualifying sign of an offense, and not as an aggravating circumstance.

     According to all parts of this article, the subjects of the offense may be:

     1)individuals;

     2)officials;

     3) legal entities, namely small, medium, large businesses or non-profit organizations.

     The definition of small business entities and their difference from medium and large business entities are regulated by the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015 No. 375.

     The subjective side of the offense can be expressed both in the form of direct intent and through negligence.

     The following persons have the jurisdictional authority to initiate proceedings on administrative offenses and the right to impose administrative penalties under Article 518 of the Administrative Code:

     1) chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, city of republican significance, capital, their deputies (paragraph 1, part 2, art. 685 of the Administrative Code);  

     2) heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2, part 2, art. 685 of the Administrative Code);  

     3) heads of line departments, departments, police stations of internal affairs bodies and their deputies (paragraph 3, part 2, art. 685 of the Administrative Code);

     4) the head of the department of the National Security Committee and his deputies, heads of territorial bodies and their deputies (Part 2 of Article 726 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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