Comment to Article 716. Authorized body for registration of agricultural machinery The Code of the Republic of Kazakhstan on Administrative Offences
1. The authorized body for registration of agricultural machinery considers cases of administrative offenses provided for in Articles 590 (parts one, two) (in terms of offenses committed by drivers of tractors, self-propelled agricultural, land reclamation and road construction machinery), 612, 617, 619, 627 of this Code, in terms of those supervised by the authorized bodies for registration agricultural machinery, tractors, and other self-propelled machinery and equipment.
2. The inspection engineers of the district and regional authorized bodies for registration of agricultural machinery have the right to consider cases of administrative offenses and impose administrative penalties on behalf of the authorized body for registration of agricultural machinery.
Part 1. The procedure for state registration of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, special off-road vehicles determine the Rules of state registration of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, special off–road vehicles (hereinafter referred to as the Rules). The rules contain the following definition:
- state registration of cars – the activity of registration points for the registration of cars, the issuance of state registration plates and registration documents for cars confirming their admission to participate in traffic.
Registration points are understood as the local executive body of the region, city of republican significance, capital, district (city of regional significance).
The rules were developed by the Ministry of Agriculture of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan dated July 8, 2005 "On State regulation of the development of the agro-industrial complex of rural territories".
According to paragraph 24) of art. 1 of this Law, the State Technical Inspection - carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan, state registration, state technical inspection of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, as well as special off-road vehicles with the issuance of relevant documents and state registration license plates, taking exams and issuing certificates for the right to manage them, supervision of compliance with the rules of their operation.
The implementation of the state technical inspection in the field of the development of the agro-industrial complex is within the competence of local executive bodies (akimats) of regions, cities of republican significance, the capital, districts.
Their competence, as authorized bodies for the registration of agricultural machinery, also includes the consideration of cases of administrative offenses listed in Part 1 of Article 716 of the Administrative Code.
Part 2. On behalf of the authorized body for registration of agricultural machinery, inspection engineers of the district and regional authorized bodies for registration of agricultural machinery, i.e. inspection engineers of the relevant registration office, have the right to consider cases of administrative offenses and impose administrative penalties.
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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