Commentary to article 282. Violation of the legislation of the Republic of Kazakhstan on state regulation of production and turnover of ethyl alcohol and alcoholic products The Code of the Republic of Kazakhstan on Administrative Offences

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Commentary to article 282. Violation of the legislation of the Republic of Kazakhstan on state regulation of production and turnover of ethyl alcohol and alcoholic products The Code of the Republic of Kazakhstan on Administrative Offences

1. Failure to submit or late submission of the accompanying invoice, declaration for ethyl alcohol and (or) alcoholic products -

entails a fine for individuals in the amount of five, for small businesses - in the amount of ten, for medium-sized businesses - in the amount of twenty, for large businesses - in the amount of thirty monthly calculation indices.

2. The acts provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

They impose a fine on individuals in the amount of ten, on small businesses - in the amount of twenty, on medium-sized businesses - in the amount of forty, on large businesses - in the amount of sixty monthly calculation indices.

2-1. Incorrect reflection of the volume of ethyl alcohol and (or) alcoholic products in the accompanying consignment note, in the declaration for ethyl alcohol and (or) alcoholic products, as well as incorrect indication of the personal identification number-code in the accompanying consignment note for ethyl alcohol and (or) alcoholic products -

2-2. The acts provided for in paragraph 2-1 of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

They impose a fine on individuals in the amount of twenty, on small businesses - in the amount of forty, on medium-sized businesses - in the amount of sixty, on large businesses - in the amount of one hundred monthly calculation indices.

3. Violation of the conditions of turnover and movement of ethyl alcohol and alcoholic products, committed in the form of:

1) storage and sale of alcoholic beverages outside the places established by the laws of the Republic of Kazakhstan;

2) turnover of alcoholic beverages in combined polymer containers, including in cardboard packaging with a polyethylene coating and a foil plastic bag placed in a cardboard box, as well as in dirty, deformed, with obvious signs of combat, with damaged sealing bottles, as well as having a general turbidity, foreign inclusions, sediment (except for collector wines);

3) turnover of alcoholic beverages in tin containers (except beer and low-grade alcoholic beverages with a strength of less than twelve percent), in bottles without labels and plastic containers (except for beer bottling);

4) retail sale of vodkas and special vodka, strong alcoholic beverages below the minimum retail prices established by the Government of the Republic of Kazakhstan;

5) storage and wholesale sale of alcoholic beverages by two or more licensees in one warehouse;

6) storage and sale without the presence of devices that determine the protection elements of accounting and control marks and (or) read information from accounting and control marks of alcoholic beverages subject to labeling with accounting and control marks;

7) turnover and movement of ethyl alcohol and (or) alcoholic products without accompanying invoices, -

entails a fine for individuals in the amount of fifty, for small businesses - in the amount of seventy-five, for medium-sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of two hundred, for legal entities that are subjects of large businesses - in the amount of six hundred monthly calculation indices, with confiscation of excisable goods, who were the direct subject of the offense.

4. The actions provided for in the third part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

They impose a fine on individuals in the amount of one hundred, on small businesses in the amount of two hundred, on medium-sized businesses in the amount of two hundred and fifty, on large businesses in the amount of eight hundred monthly calculation indices, with confiscation of excisable goods that were the direct subject of the offense.

5. Violation of the conditions of production of ethyl alcohol and (or) alcoholic products, committed in the form of:

1) failure by the manufacturer to provide information in writing about the changes or additions to the production passport before thirty calendar days from the date of making changes or additions to the production passport;

2) production of ethyl alcohol and (or) alcoholic products without equipping technological lines with control metering devices, except for the production of wine materials, as well as beer, the production capacity of which is below four hundred thousand decaliters per year;

3) production of ethyl alcohol and (or) alcoholic beverages with faulty metering devices, as well as with excessive accounting deviations, except for the production of wine materials, as well as beer, the production capacity of which is below four hundred thousand decaliters per year;

4) production of ethyl alcohol and alcoholic beverages by two or more licensees on the same stationary premises and equipment, -

entails a fine for medium-sized businesses in the amount of two hundred, for large businesses - in the amount of seven hundred monthly calculation indices, with the suspension of the license.

6. The act provided for in part five of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine for medium-sized businesses in the amount of three hundred, for large businesses - in the amount of nine hundred monthly calculation indices, with the deprivation of a license.

7. Violation of the conditions of production and turnover of ethyl alcohol and (or) alcoholic products, committed in the form of:

1) carrying out activities during the period of suspension of the license for such activities;

2) production of alcoholic beverages from ethyl alcohol, produced not from food raw materials, -

entails a fine for small businesses in the amount of one hundred, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of seven hundred monthly calculation indices, with the deprivation of a license.

8. Excluded by the Law of the Republic of Kazakhstan dated December 25, 2017 No. 122-VI

9. Excluded by the Law of the Republic of Kazakhstan dated December 25, 2017 No. 122-VI

10. Non-compliance with the minimum percentage of production capacity utilization and minimum production volumes in the production of ethyl alcohol (except cognac alcohol), vodkas and special vodkas -

entails a fine for medium-sized businesses in the amount of five hundred, for large businesses - in the amount of one thousand monthly calculation indices, with the suspension of the license.

11. The act provided for in part ten of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine for medium-sized businesses in the amount of one thousand, for large businesses - in the amount of two thousand monthly calculation indices, with the deprivation of a license.

12. Storage and sale of alcoholic beverages in buildings and territories of healthcare, education, physical education, sports and technical facilities, gas stations, shopping markets, cultural and leisure organizations -

they entail suspension of the license.

13. The actions provided for in part twelve of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

they entail the revocation of a license.

The commented article establishes administrative liability for violation of the legislation of the Republic of Kazakhstan on state regulation of the production and turnover of ethyl alcohol and alcoholic beverages.

The concept of “ethyl alcohol” is defined by the legislator in clause 23) of Article 1 of the Law of the Republic of Kazakhstan dated July 16, 1999 No. 429-I “On State Regulation of production and turnover of ethyl alcohol and alcoholic products” as a product obtained by bragorectification of alcoholic brews or rectification of raw ethyl alcohol produced from grain, potatoes, sugar beet, molasses of raw sugar and other sugar and starch-containing edible vegetable raw materials, from wine materials by direct or double distillation and otherwise from non-food raw materials.

The concept of “alcoholic products" is defined by the legislator in clause 2) of Article 1 of the above-mentioned Law of the Republic of Kazakhstan as food products with a volume fraction of ethyl alcohol of more than one and a half percent, produced using ethyl alcohol from food raw materials and (or) alcohol-containing food products, with the exception of alcohol-containing medical products registered as a medicinal product in accordance with with the legislation of the Republic of Kazakhstan on healthcare.

Turnover, according to paragraphs 1) of Article 1 of the said Law of the Republic of Kazakhstan, is understood as export, import, purchase, storage, wholesale and retail sales.

The production and turnover of ethyl alcohol and alcoholic beverages, as well as the prohibitions, restrictions and requirements imposed on market participants in the Republic of Kazakhstan are regulated by special legislation of the Republic of Kazakhstan. Accordingly, the commented article establishes administrative liability for their violation, non-fulfillment or improper fulfillment.

The generic object of offenses provided for in Article 282 of the Administrative Code is the procedure for taxation and tax administration of tax relations established in the Tax Code of the Republic of Kazakhstan and protected by the state.

The direct object of administrative offenses provided for in the commented article is the procedure established by the legislation of the Republic of Kazakhstan and protected by the state for the production and turnover of ethyl alcohol and alcoholic beverages in the Republic of Kazakhstan.

The subjective side of the acts provided for in Article 282 of the Administrative Code for individuals and individual entrepreneurs is characterized by guilt in the form of intent or negligence. The person was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired or consciously allowed these consequences to occur, or treated them indifferently, or the person foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds thoughtlessly counted on their prevention or did not foresee the possibility of such consequences, although, with due care and foresight, it should have and could have foreseen them.

The administrative offences provided for in Article 282 of the Administrative Code are formal. To bring to administrative responsibility under Article 282 of the Administrative Code, it is not necessary to establish that the offender has caused material harm to the state in the form of unpaid taxes. Harm to the State from the commission of offenses provided for in art. 282 of the Administrative Code, consists in a violation by a person of the procedure established for him in the legislation of the Republic of Kazakhstan for the production and turnover of ethyl alcohol and alcoholic products and thereby creating a threat to the impossibility of effective control by authorized state bodies. Accordingly, the penalty for these types of administrative offenses cannot be made dependent on the amount of an unfulfilled tax obligation (material damage caused to the state in the form of unpaid taxes).

Part 1 of the commented article establishes administrative liability for failure to submit or late submission of an accompanying invoice, declaration for ethyl alcohol and (or) alcoholic products.

The term “accompanying bill of lading” is defined in clause 22) of Article 1 of the Law of the Republic of Kazakhstan "On State Regulation of production and turnover of ethyl alcohol and alcoholic products" as a document intended to control the movement of ethyl alcohol and (or) alcoholic products.

12-1 of the Law of the Republic of Kazakhstan "On State regulation of the production and turnover of ethyl alcohol and alcoholic products", accompanying invoices must be issued for the sale (release) and transportation of ethyl alcohol and alcoholic products.

The rules of registration and use of accompanying invoices for ethyl alcohol and (or) alcoholic products are approved by the authorized body. In accordance with subclause 6) of clause 2 of Article 4 of the cited Law, the authorized body also develops and approves the procedure for submitting declarations on the production and turnover of ethyl alcohol and alcoholic beverages.

At the request of the norm of clause 5 of Article 9 of the Law of the Republic of Kazakhstan "On State regulation of the production and turnover of ethyl alcohol and alcoholic products", the turnover and movement of ethyl alcohol and alcoholic products is prohibited without the presence of accompanying invoices, as well as in violation of the rules for registration and use of accompanying invoices for ethyl alcohol and (or) alcoholic products.

The subjects of an administrative offense provided for in Part 1 of Article 282 of the Administrative Code are individuals and business entities who are required by the legislation of the Republic of Kazakhstan on state control over the turnover of ethyl alcohol and alcoholic beverages to submit accompanying invoices and declarations for these types of products.

The objective side of the administrative offense provided for in Part 1 of Article 282 of the Administrative Code is the commission by the obligated person of unlawful inaction in the form of failure to submit an accompanying invoice, a declaration for ethyl alcohol and (or) alcoholic products, or unlawful actions in the form of late submission (delay in execution).

The amount of the fine for committing an offense under Part 1 of Article 282 of the Administrative Code is:

- for individuals – 5 MCI,

- for small businesses – 10 MCI,

- for medium–sized businesses - 20 MCI,

- for large business entities – 30 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

A fine is imposed by the state revenue authorities or the court if the case of an administrative offense is being considered in court.

Part 2 of the commented article establishes a more severe punishment for repeated commission of an act provided for in Part 1 of Article 282 of the Administrative Code within a year after the imposition of an administrative penalty.

In this case, the repetition of the offense is a mandatory qualifying sign of an independent composition of the offense in order to attract the offender under Part 2 of Article 282 of the Administrative Code.

The offense is considered to have been committed repeatedly if the person has previously committed the offense provided for in Part 1 of Article 282 of the Administrative Code, has been subjected to administrative punishment for it by handing over or sending him a decree on the imposition of punishment, this decree has not been canceled and the one-year period during which the person is considered to be subjected to administrative punishment has not expired yet.

In order to hold a taxpayer accountable under Part 2 of Article 282 of the Administrative Code, repeated failure to submit or late submission of an accompanying invoice, declaration for ethyl alcohol and (or) alcoholic products must be established.

For repeated commission of the act provided for in Part 1 of Article 282 of the Administrative Code within a year after the imposition of the penalty, the taxpayer is punished with a fine.

The amount of the fine for committing an offense under Part 2 of Article 282 of the Administrative Code is:

- for individuals – 10 MCI,

- for small businesses – 20 MCI,

- for medium–sized businesses - 40 MCI,

- for large business entities – 60 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

A fine is imposed by the state revenue authorities or the court if the case of an administrative offense is being considered in court.

Part 2-1 of the commented article establishes administrative liability for incorrect reflection of the volume of ethyl alcohol and (or) alcoholic products in the accompanying consignment note, in the declaration for ethyl alcohol and (or) alcoholic products, as well as incorrect indication of the personal identification number-code in the accompanying consignment note for ethyl alcohol and (or) alcoholic products.

The concept of “personal identification number-code” is defined by the legislator in 4-1) of art. 1 of the said Law of the Republic of Kazakhstan as an identification number assigned to manufactured and imported ethyl alcohol and alcoholic products (except beer and beer drink).

When filling out the accompanying invoices for ethyl alcohol and (or) alcoholic products, market participants are required to indicate in them reliable information about the volume of alcoholic products, as well as a reliable personal identification number-code.

Failure to comply with this obligation entails administrative liability under Part 2-1 of the commented article in the form of a fine.

The amount of the fine for committing an offense under Part 2-1 of Article 282 of the Administrative Code is differentiated depending on the legal status of the offender, and if the offender is a business entity, it also depends on which category of business entities he belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

The amount of the fine for committing an offense provided for in Part 2-1 of Article 282 of the Administrative Code is:

- for individuals – 10 MCI,

- for small businesses – 20 MCI,

- for medium–sized businesses - 40 MCI,

- for large business entities – 50 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

A fine is imposed by the state revenue authorities or the court if the case of an administrative offense is being considered in court.

Part 2-2 of the commented article establishes administrative liability for repeated commission of acts provided for in part 2-1 of the commented article within a year after the imposition of an administrative penalty.

In this case, the repetition of the offense is a mandatory qualifying feature of the independent composition of the offense in order to attract the offender under Part 2-2 of Article 282 of the Administrative Code.

The offense is considered to have been committed repeatedly if the person has previously committed the offense provided for in Part 2-1 of Article 282 of the Administrative Code, has been subjected to administrative punishment for it by handing over or sending him a decree on the imposition of punishment, and the one-year period during which the person is considered to have been subjected to administrative punishment has not yet expired.

In order to hold a taxpayer accountable under Part 2-2 of Article 282 of the Administrative Code, a repeated non-issuance of a cash register receipt or a sales receipt, or the issuance of a cash register receipt or a sales receipt for an amount greater than or less than the amount paid for the product or service, must be established.

For repeated commission of the act provided for in Part 2-1 of Article 282 of the Administrative Code within a year after the imposition of the penalty, the taxpayer is punished with a fine.

The amount of the fine for committing an offense provided for in Part 2-2 of Article 282 of the Administrative Code is:

for individuals – 20 MCI,

for small businesses – 40 MCI,

medium–sized enterprises - 60 MCI,

for large business entities – 100 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

A fine is imposed by the state revenue authorities or the court if the case of an administrative offense is being considered in court.

Part 3 of the commented article establishes administrative liability for violation of the conditions of turnover and movement of ethyl alcohol and alcoholic products.

As per the imperative requirement of the pp.3) and 6) paragraph 3 of Article 9 of the Law of the Republic of Kazakhstan "On State regulation of the production and turnover of ethyl alcohol and alcoholic products", it is prohibited to store and sell alcoholic beverages outside the places established by law and without the presence of identification devices for accounting and control marks.

According to the imperative requirement of the norms of clauses 1), 2) 3), clause 2, Article 9 of the Law of the Republic of Kazakhstan "On State Regulation of the production and turnover of ethyl alcohol and alcoholic products", the turnover of alcoholic products is prohibited.: 1) in a tin container (except beer, beer drink and low-grade alcoholic beverage with a strength of less than twelve percent), in a bottle without a label and a plastic container (except for bottling beer and beer drink); 2) in a combined polymer container, including in a cardboard package with a polyethylene coating and a foil plastic bag placed in a cardboard box; 3) in a dirty, deformed, and also with a clear sign of a fight, with a damaged bottle closure, as well as having a general turbidity, extraneous inclusion, sediment (except for collector wines).

As required by paragraph 4 of Article 12 of the cited Law, the storage and wholesale sale of alcoholic beverages to two or more licensees in one warehouse is also prohibited.

In addition, according to paragraph 5 of Article 9 of the cited Law of the Republic of Kazakhstan, the turnover and movement of ethyl alcohol and alcoholic products without accompanying invoices is also prohibited, as well as in violation of the rules for registration and use of accompanying invoices for ethyl alcohol and (or) alcoholic products.

Violation by alcohol market entities of these legislative prohibitions entails the application of administrative penalties to them in accordance with Part 3 of the commented article.

The objective side of the offense provided for in Part 3 of the commented article is expressed in the commission of illegal actions by the alcohol market entity in the form of:

1) storage and sale of alcoholic beverages outside the places established by the laws of the Republic of Kazakhstan;

4) retail sales of vodkas and vodka special, strong alcoholic beverages below the minimum retail prices set by the Government of the Republic of Kazakhstan;

5) storage and wholesale sale of alcoholic beverages by two or more licensees in one warehouse;

7) turnover and movement of ethyl alcohol and (or) alcoholic products without accompanying invoices.

For committing the act provided for in Part 3 of the commented article, the alcohol market entity is subject to punishment in the form of a fine and confiscation of excisable goods that were the direct subject of the offense.

The amount of the fine for committing an offense under Part 3 of Article 282 of the Administrative Code is differentiated depending on the legal status of the offender, and if the offender is a business entity, it also depends on which category of business entities he belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

Depending on the legal status of the offender and the business category to which he belongs, the amount of the fine is:

- for individuals – 50 MCI,

- for small businesses – 75 MCI,

- for medium–sized businesses - 150 MCI,

- for large business entities – 600 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as an additional punishment for the commission of an offense provided for in Part 3 of the commented article, its sanction provides for the confiscation of excisable goods that were the direct subject of the offense.

An administrative penalty under Part 3 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of confiscation, must be considered in court.

Part 4 of the commented article establishes a more severe punishment for repeated commission of an act provided for in Part 3 of Article 282 of the Administrative Code within a year after the imposition of an administrative penalty.

In this case, the repetition of the offense is a mandatory qualifying sign of an independent composition of the offense in order to attract the offender under Part 4 of Article 282 of the Administrative Code.

The offense is considered to have been committed repeatedly if the person has previously committed the offense provided for in Part 3 of Article 282 of the Administrative Code, has been subjected to administrative punishment for it by handing over or sending him a decree on the imposition of punishment, such a decree has not been canceled and the one-year period during which the person is considered to be subjected to administrative punishment has not expired.

For repeated commission of the act provided for in Part 3 of Article 282 of the Administrative Code within a year after the imposition of the penalty, the taxpayer is subject to punishment in the form of a fine and confiscation of excisable goods that were the direct subject of the offense.

The amount of the fine for committing an offense provided for in Part 4 of Article 282 of the Administrative Code is differentiated depending on the legal status of the offender, and if the offender is a business entity, it also depends on which category of business entities he belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

For various categories of offenders, the amount of the fine is:

- for individuals – 100 MCI,

- for small businesses – 200 MCI,

- for medium–sized businesses - 250 MCI,

- for large business entities – 800 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as an additional punishment for the commission of an offense provided for in Part 4 of the commented article, its sanction provides for the confiscation of excisable goods that were the direct subject of the offense.

An administrative penalty under Part 4 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of confiscation, must be considered in court.

Part 5 of the commented article establishes the administrative responsibility of alcohol market entities for violating the production conditions of ethyl alcohol and (or) alcoholic beverages.

The subjects of an administrative offense provided for in Part 5 of the commented article can only be producers of ethyl alcohol and (or) alcoholic beverages - medium-sized or large-scale businesses. Accordingly, other persons, except those specified in the sanction of the commented norm, cannot be brought to administrative responsibility under Part 5 of the commented article.

At the request of the norm of clause 2 of Article 7 of the Law of the Republic of Kazakhstan "On State regulation of the production and turnover of ethyl alcohol and alcoholic products", when making changes or additions to the production passport, the manufacturer is obliged to submit to the authorized body in writing information about the changes or additions to the passport up to thirty calendar days from the date of making changes or additions to the production passport. production facilities.

In accordance with clauses 1), 2), clauses 5 and 7 of Article 7 of the Law of the Republic of Kazakhstan "On State Regulation of the production and turnover of ethyl alcohol and alcoholic products", the production of ethyl alcohol and (or) alcoholic products is prohibited.: 1) production of ethyl alcohol and (or) alcoholic products without equipping technological lines with control metering devices, except for the production of wine materials, as well as beer and beer drink, the production capacity of which is below four hundred thousand decaliters per year; 2) production of ethyl alcohol and (or) alcoholic beverages with faulty metering devices, as well as with excessive accounting deviations, except for the production of wine materials, as well as beer and beer beverage, the production capacity of which is below four hundred thousand decaliters per year. The production of ethyl alcohol and alcoholic beverages by two or more licensees on the same stationary premises and equipment is prohibited.

Accordingly, the failure of manufacturers to fulfill their duties and their violation of these legislative prohibitions entails administrative liability provided for in Part 5 of the commented article.

The objective side of the offense provided for in Part 5 of the commented article is expressed in the commission of an illegal act by the subjects of the alcohol market in the form of:

4) production of ethyl alcohol and alcoholic beverages by two or more licensees on the same stationary premises and equipment.

For committing the act provided for in Part 5 of the commented article, the alcohol market entity is subject to punishment in the form of a fine and suspension of the license.

The amount of the fine for committing an offense provided for in Part 5 of Article 282 of the Administrative Code is differentiated depending on the legal status of the offender, and if the offender is a business entity, it also depends on which category of business entities he belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

Depending on the legal status of the offender and the business category to which he belongs, the amount of the fine is:

- for medium–sized businesses - 200 MCI,

- for large business entities – 700 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as a punishment for committing an offense under Part 5 of the commented article, its sanction provides for the suspension of the manufacturer's license.

An administrative penalty under Part 5 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of suspension of the license, must be considered in court.

Part 6 of the commented article establishes a more severe punishment for repeated commission of an act provided for in Part 5 of Article 282 of the Administrative Code within a year after the imposition of an administrative penalty.

In this case, the repetition of the offense is a mandatory qualifying sign of an independent composition of the offense in order to attract the offender under Part 6 of Article 282 of the Administrative Code.

The offense is considered to have been committed repeatedly if the person has previously committed the offense provided for in Part 5 of Article 282 of the Administrative Code, has been subjected to administrative punishment for it by handing over or sending him a decision to impose a penalty, such a decision has not been canceled and the one-year period during which the person is considered to have been subjected to administrative punishment has not yet expired.

The subject of an administrative offense provided for in Part 6 of the commented article can only be subjects of medium-sized or large businesses. Accordingly, other persons, except those specified in the sanction of the commented norm, cannot be held administratively liable under Part 6 of the commented article.

For repeated commission of the act provided for in Part 5 of Article 282 of the Administrative Code within a year after the imposition of the penalty, the taxpayer is subject to punishment in the form of a fine and deprivation of a license.

The amount of the fine for committing an offense under Part 6 of Article 282 of the Administrative Code is differentiated and depends on which category of business the subject of the offense belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

The amount of the fine for committing an offense under Part 6 of Article 282 of the Administrative Code is:

- for medium–sized businesses - 300 MCI,

- for large business entities – 900 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as a punishment for committing an offense provided for in Part 6 of the commented article, its sanction provides for the deprivation of a license.

An administrative penalty under Part 6 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of deprivation of a license, must be considered in court.

Part 7 of the commented article establishes stricter administrative liability for more serious violations by alcohol market entities of the conditions of production and turnover of ethyl alcohol and (or) alcoholic beverages.

According to the imperative requirement of the norm of clauses 1) and 4) of clause 3 of Article 9 of the Law of the Republic of Kazakhstan "On State Regulation of the production and turnover of ethyl alcohol and alcoholic products", it is prohibited to store and sell alcoholic beverages without an appropriate license or during the suspension of the license.

In addition, according to the requirement of the norm of paragraph 4 of Article 7 of the Law of the Republic of Kazakhstan "On State regulation of the production and turnover of ethyl alcohol and alcoholic products", ethyl alcohol produced only from food raw materials is used for the production of alcoholic beverages.

Accordingly, the violation of these legislative prohibitions by alcohol market participants and their failure to fulfill their prescribed duties entails administrative liability.

The objective side of the administrative offense provided for in Part 7 of the commented article is expressed in the commission of illegal actions by the subjects of the alcohol market in the form of: 1) carrying out activities during the period of suspension of the license for such activities, or 2) production of alcoholic beverages from ethyl alcohol produced not from food raw materials.

For committing an act provided for in Part 7 of the commented article, a subject of the alcohol market is subject to punishment in the form of a fine and deprivation of a license.

The amount of the fine for committing an offense provided for in Part 7 of Article 282 of the Administrative Code is differentiated depending on which category of business entities the offender belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

Depending on the legal status of the offender and the business category to which he belongs, the amount of the fine is:

- for small businesses – 100 MCI,

- for medium–sized businesses - 200 MCI,

- for large business entities – 700 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as a punishment for committing an offense provided for in Part 7 of the commented article, her sanction provides for the deprivation of a license.

An administrative penalty under Part 7 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of deprivation of a license, must be considered in court.

Part 10 of the commented article establishes the administrative responsibility of producers of ethyl alcohol, vodkas and special vodkas for their failure to comply with the minimum percentage of production capacity utilization and minimum production volumes in the production of ethyl alcohol (except cognac alcohol), vodkas and special vodkas.

State regulation of the production and turnover of ethyl alcohol and (or) alcoholic products includes, among other things, the establishment of special minimum percentages of production capacity and minimum production volumes for producers of ethyl alcohol (except cognac alcohol), vodka and vodka.

Accordingly, manufacturers of ethyl alcohol and alcoholic beverages are required to ensure that the minimum percentage of their production capacity utilization and the minimum production volumes of ethyl alcohol, vodka and special vodka are established for them by the authorized body.

Failure by producers of ethyl alcohol and (or) alcoholic beverages to fulfill this obligation entails administrative liability provided for in Part 10 of the commented article.

The objective side of the offense provided for in Part 10 of the commented article is expressed in the commission of an illegal act by the subjects of the alcohol market in the form of non-compliance with the requirements established in the legislation of the Republic of Kazakhstan.:

1) the minimum percentage of production capacity utilization in the production of ethyl alcohol (except cognac alcohol), vodkas and special vodkas; and

2) minimum production volumes of ethyl alcohol (except cognac alcohol), vodkas and special vodkas.

The subjects of an administrative offense provided for in Part 10 of the commented article can only be producers of ethyl alcohol and (or) alcoholic beverages - medium-sized or large-scale businesses. Accordingly, other persons, except those specified in the sanction of the commented norm, cannot be brought to administrative responsibility under Part 10 of the commented article.

For committing an act provided for in Part 10 of the commented article, the producer of ethyl alcohol and (or) alcoholic beverages is subject to punishment in the form of a fine and suspension of the license.

The amount of the fine for committing an offense under Part 10 of Article 282 of the Administrative Code is differentiated depending on which category of business entities the offender belongs to. In this regard, the body bringing the offender to administrative responsibility must first establish the legal status of this person and the category of entrepreneurship to which he belongs before bringing a person to justice.

Depending on the legal status of the offender and the business category to which he belongs, the amount of the fine is:

- for medium–sized businesses - 500 MCI,

- for large business entities – 1000 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as a punishment for committing an offense under Part 10 of the commented article, its sanction provides for the suspension of the manufacturer's license.

An administrative penalty under Part 10 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of suspension of the license, must be considered in court.

Part 11 of the commented article establishes a more severe punishment for repeated commission of an act provided for in Part 10 of Article 282 of the Administrative Code within a year after the imposition of an administrative penalty.

In this case, the repetition of the offense is a mandatory qualifying sign of an independent composition of the offense in order to attract the offender under Part 11 of Article 282 of the Administrative Code.

The offense is considered to have been committed repeatedly if the person has previously committed the offense provided for in Part 10 of Article 282 of the Administrative Code, has been subjected to administrative punishment for it by handing over or sending him a decision on the imposition of punishment, such a decision has not been canceled and the one-year period during which the person is considered to be subjected to administrative punishment has not expired.

The subject of an administrative offense provided for in Part 11 of the commented article can only be subjects of medium-sized or large businesses. Accordingly, other persons, except those specified in the sanction of the commented norm, cannot be held administratively liable under Part 11 of the commented article.

For repeated commission of the act provided for in Part 10 of Article 282 of the Administrative Code within a year after the imposition of the penalty, the taxpayer is subject to punishment in the form of a fine and deprivation of a license.

The amount of the fine for committing an offense provided for in Part 11 of Article 282 of the Administrative Code is differentiated depending on the category of the offender's business. In this regard, the body bringing the offender to administrative responsibility under Part 11 of Article 282 of the Administrative Code, before bringing a person to justice, must first establish the legal status of this person and the category of entrepreneurship to which he belongs.

For various categories of offenders, the amount of the fine is:

- for medium–sized businesses - 1000 MCI,

- for large business entities – 2000 MCI.

The amounts of fines are fixed and are not subject to change by the body imposing them.

Also, as a punishment for committing an offense under Part 11 of the commented article, its sanction provides for the deprivation of the offender's license.

An administrative penalty under Part 11 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of deprivation of a license, must be considered in court.

Part 12 of the commented article establishes the administrative responsibility of alcohol market entities for the storage and sale of alcoholic beverages in buildings and territories of healthcare, education, physical education, sports and technical facilities, gas stations, shopping markets, cultural and leisure organizations.

9 of the Law of the Republic of Kazakhstan "On State regulation of the production and turnover of ethyl alcohol and alcoholic products" prohibits the storage and sale of alcoholic beverages in buildings and territories of healthcare organizations, education, physical education, sports and technical facilities, gas stations, shopping markets, cultural-leisure organizations.

Accordingly, violation of the said legislative prohibition entails administrative liability under Part 12 of the commented article.

The objective side of the administrative offense provided for in Part 12 of the commented article is expressed in the commission by alcohol market entities of illegal actions in the form of storage and sale of alcoholic beverages in buildings and territories of healthcare, education, physical education, sports and technical facilities, gas stations, shopping markets, cultural and leisure organizations.

As the only main punishment for the commission of an offense provided for in Part 12 of the commented article, its sanction provides for the suspension of the offender's license.

An administrative penalty under Part 12 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of suspension of the license, must be considered in court.

Part 13 of the commented article establishes a more severe punishment for repeated commission of an act provided for in Part 12 of Article 282 of the Administrative Code within a year after the imposition of an administrative penalty.

In this case, the repetition of the offense is a mandatory qualifying sign of an independent composition of the offense in order to attract the offender under Part 13 of Article 282 of the Administrative Code.

The offense is considered to have been committed repeatedly if the person has previously committed the offense provided for in Part 12 of Article 282 of the Administrative Code, has been subjected to administrative punishment for it by handing over or sending him a decree on the imposition of punishment, such a decree has not been canceled and the one-year period during which the person is considered to be subjected to administrative punishment has not yet expired.

For repeated commission of the act provided for in Part 12 of Article 282 of the Administrative Code within a year after the imposition of the penalty, the taxpayer is punished by deprivation of a license.

An administrative penalty under Part 13 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of deprivation of a license, must be considered in court.

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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Commentary to article 79. Violation of the legislation of the Republic of Kazakhstan on personal data and their protection The Code of the Republic of Kazakhstan on Administrative Offences

Commentary to article 79. Violation of the legislation of the Republic of Kazakhstan on personal data and their protection The Code of the Republic of Kazakhstan on Administra...