Comment to article 764. Reimbursement of expenses to the victim, witness, expert, specialist, translator or understood The Code of the Republic of Kazakhstan on Administrative Offences
1. The victim, witness, expert, specialist, translator and the understood are reimbursed in accordance with the procedure established by the civil procedure legislation for the expenses incurred by them in connection with their appearance in court, the body (official) in charge of the administrative offense case, including the cost of travel of these persons from their place of residence or stay to their place of residence. proceedings on the case and back, and in cases where this is related to staying elsewhere, the cost of renting a dwelling, as well as a daily allowance.
2. A person called as a victim, witness, expert, specialist, translator and understood person shall retain, in accordance with the established procedure, the average earnings at the place of work during their absence in connection with their appearance in court, the body (official) in whose proceedings and consideration the case of an administrative offense is.
3. The work of an expert, specialist and translator is paid in accordance with the procedure established by law.
Part 1. Participation in the proceedings on an administrative offense of the victim, witness, specialist, expert, translator and understood is an important condition for establishing the objective truth and making a fair ruling on the case. Because of this, in some cases, the state incurs the costs associated with ensuring attendance at court, the body (to the official) in charge of the administrative offense case.
The procedure for reimbursement of expenses to the above-mentioned participants in the proceedings on an administrative offense is established by the norms of Chapter 8 of the CPC RK "Court costs".
The court costs consist of the State fee and the costs associated with the proceedings. The payment procedure and the amount of the state duty are determined by the Tax Code of the Republic of Kazakhstan.
The costs associated with the proceedings include:
- amounts payable to witnesses, experts and specialists;
- expenses related to on-site inspection;
- expenses related to the storage of physical evidence;
- expenses related to the search for the defendant and (or) the child;
- expenses related to the publication and announcements of the case;
- the costs of notifying and subpoenaing the parties and other persons involved in the case;
- expenses for the travel of the parties and third parties and the rental of residential premises incurred by them in connection with the appearance in court;
- expenses for paying for the representative's assistance;
- other expenses recognized by the court as reimbursable, including those incurred by the parties in the procedures of mandatory pre-trial dispute settlement upon subsequent appeal to the court.
The decision issued as a result of the consideration of the administrative case should reflect the decision on the costs of the case. The amount of costs in the case of an administrative offense must be determined on the basis of documents attached to the case confirming the existence and amount of costs attributed to the costs.
Part 2. Witnesses, experts, specialists, translators and witnesses are reimbursed for travel expenses incurred by them in connection with their appearance in court, rental of premises and daily allowances in the amounts established for persons sent on business trips.
Employees who are called to court as witnesses retain their average earnings at their place of work during their absence due to court appearance. Witnesses who are not in an employment relationship receive compensation for distracting them from their usual activities, taking into account the actual time spent and based on the minimum monthly salary established by law.
Part 3. The expert and the specialist are also reimbursed for the cost of chemical reagents and other consumables belonging to them, which they spent while performing the assigned work, as well as the fees they paid for the use of equipment, utilities and the consumption of machine time.
Experts and specialists receive remuneration for the work performed by them on behalf of the court, if this work does not fall within the scope of their official duties. The amount of remuneration is determined by the court in agreement with the parties. Payment for the examination by the judicial examination bodies is carried out in accordance with the legislation of the Republic of Kazakhstan.
The payment of amounts to witnesses, experts, specialists, as well as payment for the examination by the judicial examination authorities is made by the party that submitted the relevant request. If the specified request is made by both parties, or a witness is called, an expert examination is appointed, or a specialist is involved at the initiative of the court, the required amounts are paid by the parties in equal parts.
The amounts to be paid to experts and specialists for the work performed by them on behalf of the court, if this work is not included in the scope of their official duties, are preliminarily deposited in the court by the party who submitted the relevant request. The amount of remuneration is determined by the court in agreement with the parties.
The amounts to be paid for the examination by the judicial examination body are paid to the relevant budget in the form of advance payment by the party who submitted the relevant request, or by the party to whom the court has imposed such an obligation.
The payment of amounts due to experts and specialists, in the case when one or both parties are exempt from paying costs, is made at the expense of the republican budget.
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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