Comment to article 758. Translator  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Any adult person who is not interested in the outcome of the case, who speaks languages (understands the signs of the mute or deaf), whose knowledge is necessary for translation during the proceedings on an administrative offense, is appointed as an interpreter.

     2. An interpreter is appointed by the judge, the body (official) in charge of the administrative offense case.

     3. The translator has the right: to refuse to participate in the proceedings if he does not have the knowledge necessary for translation; to ask the persons present during the translation to clarify the translation; to get acquainted with the protocol of the procedural action in which he participated, and to make comments to be recorded in the protocol regarding the completeness and correctness of recording the translation.

     4. The translator must: appear at the summons of the judge, the body (official) in charge of the administrative offense case, and perform the translation fully and accurately assigned to him; certify the correctness of the translation with his signature in the relevant protocol.

     5. The translator is warned about administrative responsibility for performing a deliberately false translation when considering a case of an administrative offense by an authority (official) authorized to consider cases of administrative offenses, and about criminal liability for committing this act in court.

     6. The rules of this article apply to a person involved in an administrative offense case who understands the signs of a mute or deaf person.

     The language of judicial proceedings is one of the most important constitutional and administrative principles (for more details, see the commentary to Article 738 of the Administrative Code). How important it is to observe the principle of the language of judicial proceedings can be seen from the fact that the Administrative Code considers its non-compliance to be a significant violation of the procedural norms of the law. In accordance with paragraph 4) of Part 3 of Article 843 of the Administrative Code, the decision is subject to cancellation in any case if the right of the person against whom the proceedings are being conducted is violated to use his native language or the language he speaks and the services of an interpreter.

     By its very nature, a translator is also a specialist. He has special knowledge of the language, knowledge of which is necessary for the translation of explanations, testimony of participants in the process, as well as for the translation of written documents during the proceedings. Unlike a specialist in the usual sense of the word, an interpreter, if there are no grounds for his withdrawal, participates throughout the proceedings.

     Part 1. A translator is an adult who is not interested in the outcome of an administrative offense case, speaks languages that are necessary for translation, and participates in the procedural actions due to the fact that the person against whom proceedings on an administrative offense case are being conducted, the victim, their defenders, as well as witnesses and other participants administrative proceedings do not speak the language in which proceedings on an administrative offense are conducted. An interpreter may be involved in administrative proceedings to translate written documents.  

     A translator is also considered to be a person who understands the signs of the deaf or mute and is able to communicate with them in signs, i.e. has knowledge of sign language translation. Other participants in the administrative process may not assume the duties of an interpreter, even if they have the language skills necessary for translation.

     Part 2. An interpreter is appointed by a judge, an authority (official) reviewing an administrative offense case, and an appropriate ruling is issued. If it is found that the translator finds it difficult to complete and accurately perform the assigned translation, he must inform the judge or official who appointed him about this, so that another person is appointed as an interpreter. This is the main condition for the translator's competence, stipulated by the commented article.  

     Part 3. An interpreter in the proceedings on an administrative offense is endowed with the appropriate procedural rights and duties. In accordance with part three of the commented article, the translator has the right to:

     - to refuse to participate in the proceedings if he does not have the knowledge of the language necessary for translation.;  

     - ask the persons present during the translation process questions to clarify the translation;  

     - to get acquainted with the protocol of the procedural action in which he participated, and to make observations to be recorded in the protocol regarding the completeness and correctness of the recording of the translation.

     Part 4. The translator's duties include the following actions::

     - appear at the summons of the judge, the body (official) in charge of the administrative offense case, and perform the translation assigned to him fully and accurately;

     - verify the correctness of the translation with your signature in the relevant protocol.

     Part 5. The translator is warned by the judge or the official considering the case of an administrative offense about the responsibility established by law for deliberately false translation, and a written subscription is withdrawn from him.  

     For making a deliberately incorrect translation during the consideration of an administrative offense case by an authorized official, the translator is administratively liable in accordance with art. 659 of the Administrative Code.  

     If a deliberately false translation was carried out during the judicial review of an administrative offense case, the translator is subject to criminal liability in accordance with art. 420 of the Criminal Code of the Republic of Kazakhstan.  

     For unjustified refusal or evasion from appearing before the body (official) considering the case of an administrative offense, which led to the postponement of the case, the translator bears administrative responsibility in accordance with art. 654 of the Administrative Code.  

     Part 6. All the requirements in this article also apply to a person involved in an administrative offense case who understands the signs of a mute or deaf 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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