Comment to article 874. Terms and procedure of proceedings in the case of an administrative offense against the Prosecutor General of the Republic of Kazakhstan of the Code of the Republic of Kazakhstan on Administrative Offenses  

     1. During his term of office, the Prosecutor General of the Republic of Kazakhstan may not be subjected to court proceedings or administrative penalties without the consent of the Senate of the Parliament of the Republic of Kazakhstan.

     2. In order to obtain consent to bring the Prosecutor General of the Republic of Kazakhstan to administrative responsibility, entailing the imposition of administrative penalties in court, the First Deputy Prosecutor General submits a submission to the Senate of the Parliament of the Republic of Kazakhstan. The submission is made before sending the case of an administrative offense to court, deciding on the need to forcibly bring the Prosecutor General to court, or the body (official) authorized to consider cases of administrative offenses.

     3. After the First Deputy Prosecutor General of the Republic of Kazakhstan receives the decision of the Senate of the Parliament of the Republic of Kazakhstan, further proceedings on the case are carried out in accordance with the procedure established by Article 819 of this Code.

     4. Excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 272-V  

     5. Supervision of the legality of judicial review of an administrative offense case against the Prosecutor General of the Republic of Kazakhstan is carried out by his first deputy.

     6. Excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 272-V  

     Part 1. It provides for the inviolability of the Prosecutor General, as well as the conditions for her deprivation in the course of proceedings on administrative offenses in accordance with paragraph 3 of Article 83 of the Constitution of the Republic of Kazakhstan. The immunity is valid during the term of office of the Prosecutor General, the duration of which is determined on the basis of the paragraph. 4) Article 44, paragraph 3 of Article 83 of the Constitution.

     The text of this provision of the Constitution presupposes the specification of the grounds for holding the Prosecutor General accountable, limiting all cases of reaction to unlawful actions on his part only to situations of commission of crimes by him. This circumstance makes it almost impossible to bring him to administrative responsibility, as it makes such attempts illegal. In fact, we are talking only about the possibility of passively observing his actions and recording such an observation. As a result, this fixation is the only information element that can underlie the resolution of the issue of deprivation of his immunity. Detailing such a record, unlike in "ordinary" cases, is the only possibility of administrative knowledge, since it practically excludes receiving information from the person involved.

     Part 2. With the exception of the Senate, as the subject of consideration of the submission, as well as the First Deputy Prosecutor General, as the subject of its submission, the procedure established for the submission of the deprivation of immunity of the Prosecutor General is the same as in relation to a member of Parliament (Part 2 of art. 870 of the Administrative Code). As in other related cases, the deprivation of immunity is detailed only in relation to members of Parliament, and the procedure for resolving the issue of the Attorney General's immunity is not provided for in regulatory enactments. As a result, the analogy that applies to deputies is applied. Formally, this gives the initiator the right to demand an answer about the deprivation of immunity in a much shorter time.

     Part 3. The content is similar to Part 4 of Article 871 of the Administrative Code (with the exception of the entity making the decision on bringing to administrative responsibility and applying a drive, as well as the entity to whom the relevant decision is sent).  

     Part 5. It does not allow the exercise of supervisory powers when considering a case in court by anyone other than the First Deputy Prosecutor General of the Republic of Kazakhstan.  

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  

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases