Comment to article 736. Legislation defining the procedure for proceedings in cases of administrative offences of the Code of the Republic of Kazakhstan on Administrative Offences  

     1. The procedure for proceedings in cases of administrative offences is determined by this Code.

     2. The procedure for imposing administrative penalties by a court in the course of consideration of a criminal or civil case is determined by the provisions of this Code and, accordingly, the CPC of the Republic of Kazakhstan and the Civil Procedure Code of the Republic of Kazakhstan.

     Part 1. Proceedings in cases of administrative offences consist of several parts or stages sequentially arranged in time.  

     A stage should be understood as a part of production that, along with the general tasks of the entire production, has tasks and features peculiar to it. At each stage, specific tasks are solved, which are partial, derived from the general task of production. The solution of the problem at each stage, as a rule, is formalized by a special procedural document that summarizes the work at this stage. After the document is accepted, a new stage of production begins. The production stages are organically interconnected, and subsequent stages usually begin only after the previous ones have been completed.

     In the administrative and legal literature, many authors distinguish four stages of proceedings in cases of administrative misconduct:

     1) initiation of an administrative offense case (drawing up a protocol, conducting an administrative investigation, referral of the case according to jurisdiction);

     2) consideration of an administrative case;

     3) appeal and review of decisions;

     4) execution of resolutions.

     The four named stages of administrative proceedings are located one after the other in time. First, the circumstances of the offense are clarified and an administrative protocol is drawn up (an administrative case is initiated), then the authorized body or the court examines the case and makes a decision on it. The decision may be appealed or protested by the prosecutor, or reviewed at the initiative of a higher authority or court. This third stage is optional, optional, and ends with a decision to revoke, amend, or maintain the resolution. The execution of the resolution begins immediately after its adoption, or after consideration of the complaint.

     The regulatory legal act defining the procedure for proceedings in cases of administrative offenses is the commented Code of the Republic of Kazakhstan on Administrative Offenses.

     The Administrative Code was developed in accordance with the Message of the President of the Republic of Kazakhstan – Leader of the Nation N.A. Nazarbayev to the people of Kazakhstan "Strategy "Kazakhstan-2050": a new political course of the established state". The instruction of the Head of State was formulated as follows: "to prepare and submit to Parliament drafts of 4 new codes.: The Code of Criminal Procedure, Penal, Penal Enforcement, and the Code of Administrative Offenses. The adoption of these key legislative acts will conceptually modernize the criminal justice system and bring our law to a level that allows us to adequately respond to modern challenges."

     Also, the need to reform criminal, criminal procedure, penal enforcement and administrative-tort legislation through the development and adoption of new versions of the relevant codes was reflected in the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020.

     Thus, the signing by the Head of State on July 5, 2014 of the Code of Administrative Offences of the Republic of Kazakhstan marked the transition to a new stage in the development of administrative and tort legislation of sovereign Kazakhstan.

     At the same time, one of the developers of the Code rightly noted that "the new version of the Code of Administrative Offences retains the main provisions of the current Code, time-tested. As for the structure, it also remained unchanged, with the division into General, Special and Procedural Parts."

     The Code is based on the Constitution of the Republic of Kazakhstan, generally recognized principles and norms of international law. The international contractual and other obligations of the Republic of Kazakhstan are, in accordance with paragraph 1 of Article 4 of the Constitution, an integral part of its current law. When considering a case, the court has no right to apply the norms of the legislation of the Republic of Kazakhstan on administrative offenses, if other rules are established by an international treaty, the decision on consent to be bound by the Republic of Kazakhstan was made through ratification or accession. In these cases, the rules of the international agreement apply.  

     Decisions of international organizations and their bodies that violate the provisions of the Constitution on the sovereignty of the country, the inadmissibility of changing the unity and territorial integrity of the state established by the Constitution, the form of government of the Republic, as well as infringing on the constitutional rights and freedoms of man and citizen cannot be recognized as binding on Kazakhstan.  

     The legislation on administrative offences, represented by the Code, has the task of protecting the rights, freedoms and legitimate interests of man and citizen, his health, sanitary and epidemiological welfare of the population, the environment, public morals, property, public order and security, the established procedure for the exercise of state power and public administration, the legally protected rights and interests of organizations from administrative offenses, as well as the prevention of their commission.

     To accomplish this task, the legislation on administrative offenses establishes the grounds and principles of administrative responsibility, determines which acts are administrative offenses and the types of penalties imposed for their commission, as well as which administrative penalty, which court, state body (official) and in what order can be imposed on a person who has committed an administrative offense.

     It is in the Procedural part of the Code, devoted to proceedings on administrative offenses, that the reaction of the state and society to the fact of an administrative offense finds its procedural expression and provides basic and minimum rules and standards in terms of protecting the rights of citizens involved in the orbit of administrative procedural legal relations.  

     The Procedural part of the Code regulates the most important procedural aspects of the proceedings, such as: the rights and obligations of participants in the proceedings; evidence and evidence; measures to ensure the proceedings; the procedure for initiating, reviewing cases of administrative offenses and their resolution in accordance with the objectives of the proceedings on administrative offenses.

     Part 2. The principle of legality, enshrined in Article 8 of the Administrative Code, establishes that no one can be subjected to administrative penalties, administrative and legal measures, or measures to ensure proceedings on an administrative offense other than on the grounds and in accordance with the procedure established by the Administrative Code.

     An administrative penalty is a measure of State coercion applied by a judge (court) or authorities (officials) authorized by law for the commission of an administrative offense, and consists in the deprivation or restriction of the rights and freedoms of a person who has committed such an offense, as provided for in the Code.  

     Chapter 7 of the Code is devoted to the imposition of an administrative penalty. In accordance with Article 55 of the Administrative Code, an administrative penalty for an administrative offense is imposed within the limits provided for in the article of the Special Part for this offense, in strict accordance with the provisions of the Code.  

     At the same time, in the process of considering a criminal or civil case, the procedure for imposing administrative penalties by the court is determined by the provisions of this Code, and accordingly, the CPC of the Republic of Kazakhstan and the Civil Procedure Code of the Republic of Kazakhstan.

     The Code of Criminal Procedure defines the procedure for criminal proceedings in the territory of the Republic of Kazakhstan. The Code of Civil Procedure defines the procedure for judicial proceedings in civil cases on the territory of the Republic of Kazakhstan.

     Legal relations regulated by the provisions of the Code of Administrative Offences of the Republic of Kazakhstan, the CPC and the CPC of the Republic of Kazakhstan, despite their specifics, often have points of contact. The commented norm is designed to ensure the protection of the rights of participants in the relevant legal proceedings, in the interests of observing the principle of legality. For example, in accordance with Part 3 of art. 1 CPC, if in the course of criminal proceedings it becomes necessary to consider an issue that must be resolved in accordance with civil or administrative law, it is resolved through civil or administrative proceedings. According to Article 53 of the CPC, in the cases and in the manner prescribed by this Code, the court imposes administrative penalties. In accordance with art . 119 of the Civil Procedure Code of the Republic of Kazakhstan, for showing contempt of court, the perpetrators are brought to administrative responsibility in accordance with the procedure provided for by the Code of the Republic of Kazakhstan on Administrative Offenses, with the specifics established by Chapter 9 of the Civil Procedure Code of the Republic of Kazakhstan.

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  

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases