Comment to article 846. Announcement of the decision on the complaint, appeal motion of the prosecutor against the court decision  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. The decision on the complaint or appeal motion of the prosecutor against the court decision shall be announced immediately after its issuance.

     2. A copy of the decision on the complaint, the appeal motion of the prosecutor against the court decision, within three days after its issuance, shall be handed over or sent to the individual or representative of the legal entity against whom the decision was issued in the case, to the victim in the case of filing a complaint or, at his request, to the prosecutor who brought the appeal motion.

     3. The decision on the complaint, appeal petition of the prosecutor against the court order on arrest shall be brought to the attention of the body (official) executing the decision, as well as the person in respect of whom it was issued, on the day of the decision.

     The announcement of a ruling on a complaint or appeal by a prosecutor against a court order is similar in procedures and regulation to the announcement of a ruling on an administrative offense case. In this part, it is necessary to read the commentary to Articles 826-4 and 829-16 of the Administrative Code.

     In accordance with part 1, the decision on the complaint, the appeal motion of the prosecutor against the court order is announced immediately after its issuance.

     The decision is announced in the language in which the complaint (appeal petition) was considered. If necessary, after the announcement of the decision, the judge has the right, at the request of the persons participating in the case, to clarify the decision without changing its content, as well as the time and procedure for appealing it.  

     The law does not specify whether the drafting of a reasoned decision can be postponed. At the same time, it is possible that drafting a reasoned decision takes a lot of time, although it is clear to the judge what the content of the operative part will be.  

     It would be advisable, in exceptional cases in particularly complex cases, to allow the court to postpone the drafting of a reasoned decision for a period of no more than three days, and to announce the operative part of the decision at the hearing in which the case ended. This practice is now widespread in civil production.

     According to part 2, a copy of the decision on the complaint, the appeal motion of the prosecutor against the court order, within three days after its issuance, is handed over or sent to the individual or representative of the legal entity against whom the decision was made in the case, to the victim in the case of filing a complaint or, at his request, to the prosecutor who brought the appeal motion.  

     In this regard, it is necessary to be guided by the requirements of art. 743 of the Administrative Code and, accordingly, to read the comments to the specified article of the Administrative Code.

     In accordance with Part 3, the decision on the complaint, the appeal petition of the prosecutor against the court order on arrest is brought to the attention of the body (official) executing the decision, as well as the person against whom it was issued, on the day of the decision.

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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