Commentary to article 457. Violation of the legislation of the Republic of Kazakhstan on state registration of regulatory legal acts The Code of the Republic of Kazakhstan on Administrative Offences  

     Chapter 27. ADMINISTRATIVE OFFENSES INFRINGING ON THE ESTABLISHED MANAGEMENT PROCEDURE

     Administrative offenses that infringe on the established management procedure should be recognized as unlawful, culpable and punishable acts that infringe on public relations, in which the State has established a certain procedure for the exercise of rights and duties by citizens, officials and legal entities.  

     By the legislator, administrative offenses infringing on the established management procedure are fixed in 57 articles of the Administrative Code (Articles 457-509).  

     The common object of these administrative offenses is public relations regulated by the norms of law, arising in accordance with the procedure established by the State for the exercise of rights and duties by citizens, officials and legal entities.  

     The order of management is understood as a certain sequence of regulation by state bodies of social life in society.  

     From the objective side, the administrative offenses under consideration are committed in the form of both active actions and inaction.

     On the subjective side, administrative offenses of this group are committed, as a rule, intentionally.

     The subjects of administrative offenses against the management procedure are individuals, officials and legal entities. The commission of certain administrative offenses in this area is possible only by a special entity. For example, for the disclosure of information constituting a tax secret (Article 473 of the Administrative Code), refusal of tax registration or violation of the deadline for tax registration (Article 475 of the Administrative Code), the relevant officials authorized in cases provided for by law to perform these actions are subject to administrative responsibility.  

     The composition of administrative offenses that infringe on the established management procedure is formal in its expression, i.e. to bring to administrative responsibility, it is sufficient to establish the fact of an unlawful act (inaction), without the occurrence of any harmful consequences.

      Article 457. Violation of the legislation of the Republic of Kazakhstan on state registration of regulatory legal acts

     1. Failure by an official to submit for state registration a regulatory legal act subject to such registration in accordance with the procedure and time limits established by the legislation of the Republic of Kazakhstan, -

     entails a fine in the amount of ten monthly calculation indices.

     2. Application by an official of a normative legal act that has become invalid in accordance with the established procedure, declared invalid by a court, officially unpublished in accordance with the established procedure, has not been put into effect, or whose effect has been suspended by an authorized body, as well as has not passed state registration with the judicial authorities, -

     entails a fine in the amount of twenty monthly calculation indices.

     3. The actions provided for in the first or second parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

     They entail a fine in the amount of thirty monthly calculation indices.

     The object of the administrative offense being commented on is the established management procedure in the field of compliance with the legislation of the Republic of Kazakhstan on state registration of regulatory legal acts.

     The subject of the offense is a regulatory legal act, the concept of which is given in paragraph 25 of Article 1 of the Law of the Republic of Kazakhstan dated April 6, 2016 "On Legal Acts". A regulatory legal act is a written official document on paper and an identical electronic document of the prescribed form, adopted at a republican referendum or by an authorized body, establishing legal norms, amending, supplementing, terminating or suspending their operation.

     The objective side of part 1 of the article under consideration is characterized by one unlawful act (inaction) in the form of failure by an official to submit for state registration a regulatory legal act subject to such registration in accordance with the procedure and time limits established by the legislation of the Republic of Kazakhstan.

     In accordance with Article 44 of the Law of the Republic of Kazakhstan dated April 6, 2016 No. 480 "On Legal Acts", state registration with the judicial authorities of the Republic of Kazakhstan is a prerequisite for the entry into force of a regulatory legal act. Such normative legal acts are:

     1) regulatory legal resolutions of the Central Election Commission of the Republic of Kazakhstan, the Accounting Committee for Control over the Execution of the Republican Budget of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan and other central government bodies;

     2) regulatory legal orders of the Ministers of the Republic of Kazakhstan and other heads of central government agencies;

     3) regulatory legal orders of heads of departments of central government agencies;

     4) regulatory legal decisions of maslikhats, regulatory legal decisions of akimats, regulatory legal decisions of akims and regulatory legal decisions of audit commissions.

     The state registration of a normative legal act includes the conduct by the judicial authorities of a legal examination for the presence of a rule of law in the act and making a decision on the need for its state registration, determining the compliance of a normative legal act with the legislation of the Republic of Kazakhstan and entering it into the Register of State Registration of Normative Legal Acts with the assignment of a state registration number. The mechanism for conducting legal expertise was approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated September 26, 2016 No. 800 "On approval of Methodological recommendations for conducting legal (legal) expertise of draft laws".

     The state registration requirements do not apply to:

     1) normative resolutions of the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan;

     2) regulatory legal acts regulating the procedure for interaction of authorized bodies with other state bodies and not applicable to third parties;

     3) regulatory legal acts defining the status and powers of a state body;

     4) regulatory legal acts establishing qualification requirements for applicants (candidates) for public office and developed on the basis of standard qualification requirements;

     5) regulatory legal acts containing state secrets.

     The refusal to register a regulatory legal act subject to state registration may be appealed by the interested state body in court. Regulatory legal acts that are not registered in accordance with the procedure established by law and are subject to state registration must be revoked by the body that issued them.

     The deadlines for submitting regulatory legal acts to the Ministry of Justice of the Republic of Kazakhstan or its territorial bodies are defined in paragraph 27 of the Rules for Registration, Approval, State Registration of Regulatory Legal Acts and their cancellation, approved by Resolution of the Government of the Republic of Kazakhstan dated October 6, 2016 No. 568 in the following terms:

     1) in electronic form via the Intranet portal of government agencies – on the day of their approval;

     2) in paper form – within three working days from the date of their approval.

     The deadline for submitting normative legal acts adopted by collegial state bodies and maslikhats is no more than seven working days from the date of the meeting of the collegial body or session of the maslikhat at which these acts were adopted. In cases of approval of a regulatory legal act by interested state bodies or the adoption of a joint act, the said act is submitted for state registration.:

     1) in electronic form via the Intranet portal of government agencies – within one working day from the date of approval or signing by the last of the interested government agencies on the day of their approval;

     2) in paper form – within three working days from the date of approval or signing by the last of the interested state bodies.

     The objective side of Part 2 of the article under study is characterized by an unlawful act in the form of the application of a normative legal act, which:

     1) has become invalid in accordance with the established procedure;

     2) declared invalid by the court;

     3) not officially published in accordance with the established procedure;

     4) not put into effect;

     5) suspended by the authorized body;

     6) has not passed the state registration in the judicial authorities.

     The validity period of the regulatory legal act is established by Articles 45 and 46 of the Law of the Republic of Kazakhstan dated April 6, 2016 No. 480 "On Legal Acts". A regulatory legal act is valid indefinitely, unless otherwise provided in the act itself or the act of its enactment. A temporary period of validity may be established for the entire regulatory legal act or its separate part(s). In this case, it should be indicated for how long the regulatory legal act or part of it remains in effect. Before the expiration of this period, the body that issued the act may extend the validity of the act for a new period or give it an indefinite character.

The validity of a regulatory legal act or its individual norms may be suspended for a certain period of time. The suspension of a regulatory legal act or its individual norms is carried out by a separate regulatory legal act. A regulatory legal act (part or parts thereof) terminates in the following cases::

     1) expiration of the period for which the act was adopted (its part or parts);

     2) the adoption of a new normative legal act, which contradicts the provisions of a previously issued normative legal act, its part (part) or which absorbs the previously issued act or its part (parts);

     3) recognition of the adopted act as unconstitutional in accordance with the procedure established by the Constitution of the Republic of Kazakhstan;

     4) recognition of the act or its part (parts) as invalid by the body that adopted this act, or by another authorized body.

     Regulatory legal acts that are not registered in accordance with the procedure established by law and are subject to state registration cannot be applied, but must be repealed by the body that issued them.

     The procedure for cancellation of state registration of regulatory legal acts is regulated by clauses 39-41 of the Rules for Registration, Approval, State Registration of Regulatory Legal Acts and their Cancellation, approved by Resolution No. 568 of the Government of the Republic of Kazakhstan dated October 6, 2016. After the entry into force of the court decision on the cancellation of the state registration of the normative legal act by the judicial authorities within three working days from the date of receipt of the court decision:

     1) an entry is made on the cancellation of the state registration of a normative legal act in the register of state registration of normative legal acts;

     2) information on the cancellation of the state registration of a regulatory legal act is sent to the state enterprise for official publication.

     The objective side of Part 3 of the commented article provides for qualifying signs of the first and second parts of the article, committed repeatedly within a year after the imposition of an administrative penalty.  

     The subjective side of all parts of the article under consideration can be expressed both in the form of direct intent and carelessness.

     The subject of the offense is an official who caused violations of the procedure for applying a regulatory legal act. In accordance with Article 30 of the Administrative Code, an official is held administratively liable if he commits an administrative offense in connection with non-performance or improper performance of his official duties.  

     The heads of the judicial authority in the field of state registration of normative legal acts, in the field of enforcement of executive documents and his deputies, the head of the regional, city of republican significance and the capital of the judicial authorities and his deputies have the right to draw up protocols on administrative offenses and impose administrative penalties (art. 694 of the Administrative Code).

     If the prosecutor identifies an offence under Article 457 of the Administrative Code, he has the right to initiate proceedings on an administrative offence by issuing an appropriate resolution. According to paragraph 9, paragraph 1, Article 44 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the prosecutor is authorized to initiate and terminate proceedings on an administrative offense in accordance with the procedure provided for by the legislation on administrative offenses.

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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