Comment to article 743. Notifications (notices)  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Participants in the proceedings on cases of administrative offenses are notified of the time and place of consideration of the case or the commission of certain procedural actions and are summoned to court, body (to an official) by notifications (notices).

     The time and place of consideration of the case may also be indicated in the protocol on an administrative offense.

     2. The notification (notification) is sent by registered mail with a notification of its delivery, by telephone or telegram, by text message to a cellular subscriber number or by e-mail, or using other means of communication that ensure the recording of the notification or call.

     3. If the person does not actually reside at the address indicated in the case, a notice or summons may be sent to the legal address or place of work of the person. A notice addressed to a legal entity is sent at its location.

     4. The notification (notice) is recognized as duly delivered in the following cases::

     1) the presence of the signature of the person being held administratively liable in the appropriate column of the protocol on an administrative offense;

     2) notices of a person by registered letter or telegram, which are delivered to him personally or to one of the adult family members living with him against a receipt for the delivery notification to be returned to the sender. A notification addressed to a legal entity is handed over to the head or employee of the legal entity, who signs the receipt of the notification on the delivery notification indicating his last name, initials and position.;

     3) sending a text message to a cellular subscriber number or e-mail address, which the notified person indicated during the proceedings and confirmed with his signature;

     4) sending a notification (notification) by the state revenue body electronically to persons registered as electronic taxpayers in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan.

     4-1. The order on the need to pay a fine is recognized as duly delivered in the following cases::

     1) sending by registered mail, which is delivered to the owner (owner) of the vehicle personally or to one of the adult family members living together with him against a receipt for the delivery notification to be returned to the sender. An instruction on the need to pay a fine sent to a legal entity is handed over to the head or employee of the legal entity, who signs the receipt of the instruction on the delivery notification indicating his last name, initials and position.;

     2) the addressee's refusal to accept the order on the need to pay a fine. At the same time, the person delivering it makes an appropriate note on the delivery notification, which is returned to the sender along with the order.;

     3) direct delivery of an instruction on the need to pay a fine to the owner (owner) of the vehicle personally or to one of the adult family members living together with him against receipt by an official.

     5. The person in respect of whom proceedings on an administrative offense are being conducted confirms with his signature that the address of the place of residence (location), place of work, cellular subscriber number, and e-mail address indicated by him are reliable, and the notification (notification) sent to the specified contacts will be considered appropriate and enough.

     5-1. The person against whom the case has been initiated, as well as other participants in the proceedings, is given a voucher of consent to receive a notice of appearance in court via text message to a cellular subscriber number, the costs of which are paid at their expense.

     The tear-off part of the coupon is handed over together with a copy of the protocol on an administrative offense.

     6. If the addressee refuses to accept the notification (notification), the person delivering or handing it over makes an appropriate mark on the notification (notification), which is returned to the court, body (to the official).

     7. The addressee's refusal to accept the notification (notice) is not an obstacle to the consideration of the case or the commission of certain procedural actions.

     Part 1. Persons participating in the proceedings on an administrative offense, as well as witnesses, experts, specialists and translators, are notified or summoned to the court, body or official in charge of the case, by a special document notification (notice). The explanatory dictionary of the Russian language reveals the notification (message, notification) like telling someone something, bringing something to someone's attention. "Notification" is synonymous with "notification".

     The notification (notice) indicates the time and place of consideration of the case or the commission of certain procedural actions.

     This provision is aimed at observing the legal guarantees for the protection of the person being held administratively liable and other interested parties.

     The purpose of sending a notification is to notify the person being held administratively liable of the fact of drawing up and signing the protocol on an administrative offense, the date, time and place of drawing up the said protocol or reviewing the case of an administrative offense in order to ensure procedural guarantees of the rights of the person against whom proceedings on an administrative offense are being conducted.

     Part 2 of the commented article defines the ways to send notifications. Notifications (notices) may be sent:

     - by registered mail with a notification of its delivery;

     - by telephone message or telegram;

     - by text message to the subscriber's cell phone number;

     - by text message to an email address;

     - other means of communication that allow the recording of the notification.

     The key point in sending a notification is to record the acceptance of this notification by the stakeholders. The recorded fact of acceptance of the notification will be legally binding upon further consideration of the administrative offense case.  

     It should be noted here that in accordance with Part 5 of the commented article, the person in respect of whom proceedings on an administrative offense are being conducted confirms with his signature that the address of his place of residence (location), place of work, cellular subscriber number, e-mail address are reliable, and the notification (notice) The letter sent to the specified contacts will be considered appropriate and sufficient.

     Other means of communication include sending an electronic notification to persons registered as electronic taxpayers.

     Part 3. In cases where, during the delivery of the notification, it became clear that the person does not reside at the address indicated in the case, and delivery of the notification becomes impossible, the notification must be sent to the legal address (address of the place of registration or temporary registration of an individual). If the place of work of the notified person is known, the notification must be sent to the place of work. Notifications are sent to legal entities at their location. Such notification is also considered appropriate and is an alternative to notification at the place of residence (location)..  

     Part 4 regulates in which cases notifications will be considered delivered properly.

     1) Persons will be considered to have been duly notified of the time and place of consideration of an administrative offense case if the signatures of the persons concerned are present in the relevant columns of the protocol.

     2) If the notification is sent by registered mail with a notification of delivery of the letter or by telegram, the notification of delivery must contain the signature of the persons concerned in the case of an administrative offense, or the signature of adult members of their family. The delivery notification to be returned to the sender indicates the date and time of delivery, as well as information about the person who accepted the letter and his signature.

     Notifications sent to legal entities by registered mail with a letter delivery notification or by telegram will be considered duly delivered if there is a signature of the head or employee of this legal entity.

     3) In the process of drawing up the protocol on the administrative offense case, the person indicated the phone number and/or email address and confirmed it with his signature. The legislator believes that sending a text message to the specified phone number or email address will be considered sufficient, and the person will be notified of the place and time of the case.  

     4) The notification may be sent by the state revenue authority electronically and will be considered to have been duly delivered to persons registered as electronic taxpayers. In accordance with paragraph 73 of Article 1 of the Tax Code of the Republic of Kazakhstan, an electronic taxpayer is a taxpayer who interacts with tax authorities electronically on the basis of a tax application for registration of an electronic taxpayer in accordance with the procedure established by this Code.

     Improper notification by officials of administrative and jurisdictional bodies is one of the main reasons why decisions on the imposition of administrative punishment are recognized by the courts as illegal and canceled.

Part 4-1. An instruction on the need to pay a fine is sent to the owners (owners) of vehicles for violating traffic rules recorded by certified vehicles operating in automatic mode. The order on the need to pay a fine will be considered duly delivered in the same way as in paragraph 2. 4 of the commented article, as well as in the case of the addressee's refusal to accept the order (an appropriate note is made about this) and the delivery of the order on the need to pay a fine to the owner (owner) of the vehicle personally or to one of the adult family members living together with him against receipt by an official.

     Part 5 defines that if the person against whom proceedings on an administrative offense are being conducted confirms with his signature the address of his place of residence, place of work, telephone number, e-mail address, then the notification sent to these contacts will be considered appropriate and sufficient. This approach implements the method of notification, common in the laws of developed countries, to the address previously indicated by the violator himself when drawing up the protocol (initiating an administrative case).  

     Thus, the address to which the notification is sent may not coincide with the place of actual registration of the citizen. However, such notification will still be considered appropriate and sufficient.  

     The natural continuation of this concept is the inclusion of Part 5-1 in the Administrative Code.  

     Part 5-1. Having drawn up a protocol on an administrative offense, the official hands over to the person against whom the case has been initiated, as well as to other participants in the proceedings in the case, he hands over a voucher of consent to receive a notice of appearance in court via text message by phone number. The costs associated with sending such a message are paid at the expense of the specified persons.

     Part 6. If the postman, telegraph operator, or official has duly delivered the notification(s), and the addressee refuses to accept the notification, a note about this is made on the notification and returned to the sender.  

     It should also be borne in mind that persons who refused to receive the sent materials (if there is appropriate evidence) cannot be considered not notified.

     Part 7. If the person refuses to accept the notification, the court, body (official) has the right to consider cases of an administrative offense and make decisions on the case or perform separate procedural actions in the absence of the notified person.

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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