Commentary to article 237. Violation of cost recovery rules The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation by administrators of budget programs of the rules for reimbursement of expenses for the provision of a guaranteed amount of free medical care -
entails a fine for officials in the amount of fifty monthly calculation indices.
2. The same act committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine for officials in the amount of one hundred monthly calculation indices.
The commented article establishes administrative liability for violation of the rules for reimbursement of costs for the provision of a guaranteed amount of free medical care.
The generic object of offenses provided for in Article 237 of the Administrative Code is activities in the field of budget and finance.
The direct object of administrative offenses provided for in the commented article is the procedure established in the legislation of the Republic of Kazakhstan and protected by the state for reimbursement of costs for the provision of a guaranteed amount of free medical care.
The subjects of the offense provided for in Article 237 of the Administrative Code, by virtue of the direct indication of this in the sanctions of the commented article, are officials.
The subjective side of the acts provided for in Article 237 of the Administrative Code, for officials who have committed offenses, is characterized by guilt in the form of intent or negligence.
The offences provided for in the commented article are formal. In order to calculate and impose a fine on an offender under the commented article, it is not necessary to establish the fact and amount of damage caused to the state by an official's violation of the rules for reimbursing the cost of providing a guaranteed amount of free medical care.
Part 1 of the commented article establishes administrative liability for violations by administrators of budget programs of the rules for reimbursement of costs for the provision of a guaranteed amount of free medical care.
According to the Rules for reimbursement of costs to healthcare organizations at the expense of budgetary funds, the administrator of the budget program is the Ministry of Health of the Republic of Kazakhstan or local public health authorities of the regions, cities of Astana and Almaty.
The objective side of the offense provided for in Part 1 of Article 237 of the Administrative Code is the commission by the offender of unlawful actions (inaction), expressed in violation of the rules for reimbursement of costs for the provision of a guaranteed amount of free medical care.
The rules for reimbursement of costs to healthcare organizations from budgetary funds are approved by the authorized body.
The administrator of the budget program is obliged, in accordance with these Rules, to reimburse healthcare organizations for their costs of providing citizens with a guaranteed amount of free medical care.
Any violation by an obligated person of the above-mentioned Rules for reimbursing healthcare organizations at the expense of budgetary funds for the provision of a guaranteed amount of free medical care forms the final composition of the offense provided for in Part 1 of the commented article. At the same time, the commented norm does not specify what the nature and consequences of such a violation should be.
For committing an offense provided for in Part 1 of the commented article, the responsible official of the administrator of the budget program is subject to punishment in the form of a fine.
The amount of the fine for officials for committing an offense under Part 1 of Article 237 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.
This penalty is imposed on the offender by the court by virtue of a direct indication of this in the relevant norm of the Administrative Code.
Officials of the bodies of the Ministry of Finance of the Republic of Kazakhstan, the Accounting Committee for Control over the Execution of the Republican Budget and the audit commissions of regions, cities of republican significance, and the capital have the right to draw up protocols on administrative offenses provided for in Part 1 of the commented article.
Part 2 of the commented article establishes a more severe punishment for repeated actions (inaction) provided for in Part 1 of the commented article within a year after the imposition of an administrative penalty.
At the same time, the object, the subjective side and the subjects of the offense provided for in Part 2 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 1 of Article 237 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 2 of Article 237 of the Administrative Code, a sign of repetition is added to the act provided for in Part 1 of the commented article.
An offense is considered to have been committed repeatedly if the person has previously committed the act provided for in Part 1 of Article 237 of the Administrative Code, has been subjected to administrative punishment for it, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.
The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 2 of art. 237 of the Administrative Code.
Repetition as a qualifying feature is established not only in fact by identifying the number and nature of illegal acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for committing actions provided for in Part 1 of art. 237 of the Administrative Code, the effective resolution of the bodies of the Ministry of Finance of the Republic of Kazakhstan, the Accounting Committee for Control over the Execution of the Republican Budget and the audit commissions of regions, cities of republican significance, the capital or the court on the imposition of an administrative penalty under Part 1 of Art. 237 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of penalties.
For repeated commission of the act provided for in Part 1 of Article 237 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.
The amount of the fine for officials of the budget program administrator for committing an offense under Part 2 of Article 237 of the Administrative Code is 100 MCI, is fixed and is not subject to change by the body imposing it.
This penalty is imposed on the offender by the court by virtue of a direct indication of this in the relevant norm of the Administrative Code.
Officials of the bodies of the Ministry of Finance of the Republic of Kazakhstan, the Accounting Committee for Control over the Execution of the Republican Budget and the audit commissions of regions, cities of republican significance, and the capital have the right to draw up protocols on administrative offenses provided for in Part 1 of the commented article.
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.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
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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