Comment to article 834. Suspension of the execution of a decision in connection with the filing of a complaint or the filing of an appeal motion by the prosecutor The Code of the Republic of Kazakhstan on Administrative Offences
1. The filing of a complaint within the prescribed period suspends the execution of the decision on the imposition of an administrative penalty until the complaint is considered.
2. The prosecutor has the right to suspend the execution of the decision on the imposition of an administrative penalty for the period of verification of its legality, to give written instructions to authorized officials and bodies (except the court) on the conduct of an additional audit. Based on the results of the audit, the prosecutor submits an appeal to the relevant body for the cancellation or amendment of the decision or cancels the suspension of the execution of the decision.
3. The prosecutor's filing of an appeal motion suspends the execution of the decision until it is considered.
Parts 1 and 3. It follows from the commented article that the court of appeal has the authority to suspend the execution of the decision.
Suspension means the termination of any actions for the execution of a specific administrative penalty before considering the complaint.
The reason for suspending the execution of an administrative penalty in the part under consideration is the filing of a complaint against a court decision within the prescribed period. The prosecutor's filing of an appeal motion also automatically suspends the execution of the decision until it is considered. A ruling is issued on the suspension of execution.
It should be noted that the legislator in this article indicates the condition of suspension – "filing a complaint within the prescribed period."
This does not contradict Part 2 of Article 832 of the Administrative Code, but is dictated by the fact that such decisions must be enforced after the expiration of the time limit for appeal, since the court cannot know whether they will be appealed. Accordingly, filing a complaint after the specified period does not fall under the automatic regulation of the specified article. However, it does not prevent its special use.
Part 2 provides the prosecutor with additional procedural capabilities for verification and subsequent preparation for bringing the petition to court. Accordingly, this part gives the prosecutor the right to suspend the execution of the decision on the imposition of an administrative penalty for the duration of the verification of its legality, to give written instructions to authorized officials and bodies on the conduct of additional verification, with the exception of courts.
Based on the results of the audit, the prosecutor submits an appeal to the relevant body (here we should be talking about the court) to cancel or amend the decision or cancel the suspension of the execution of the decision.
The second sentence of this article migrated from the editorial board of the Administrative Code before the 2017 amendments, but was not properly modified and cannot be applied in this version. The legislator should pay additional attention to this provision of the law.
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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