Commentary to article 496. Violation of the legislation of the Republic of Kazakhstan on citizenship  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Use of a passport and/or identity card of a citizen of the Republic of Kazakhstan by a person who has lost the citizenship of the Republic of Kazakhstan, -

     entails a fine for individuals in the amount of one hundred monthly calculation indices.

     2. Failure to report the fact of acquiring foreign citizenship within the time limits established by the legislation of the Republic of Kazakhstan -

     entails a fine in the amount of two hundred monthly calculation indices or administrative expulsion from the Republic of Kazakhstan.

     3. The acts provided for in parts one and two of this article, committed by persons in public service, as well as by persons performing the functions of a government representative or performing organizational, administrative or administrative functions in state bodies, -

     they entail a fine in the amount of three hundred monthly calculation indices or administrative expulsion from the Republic of Kazakhstan.

     The purpose of the article is to comply with the legal provisions of Article 10 of the Constitution of the Republic of Kazakhstan on the procedure for acquiring and terminating Kazakh citizenship. A citizen of the Republic may not be deprived of his citizenship, the right to change his citizenship, and may not be expelled from Kazakhstan. Deprivation of citizenship is allowed only by a court decision for committing terrorist crimes, as well as for causing other serious harm to the vital interests of the Republic of Kazakhstan. The citizenship of another State is not recognized for a citizen of the Republic.

     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 citizenship of the Republic of Kazakhstan.

     Resolution of the Constitutional Council of the Republic of Kazakhstan dated December 1, 2003 No. 12 "On the official interpretation of Articles 10 and 12 of the Constitution of the Republic of Kazakhstan" officially interpreted Articles 10 and 12 of the Constitution of the Republic of Kazakhstan. Paragraph 1 of Article 10 of the Constitution proclaims the principles of unity and equality of citizenship of the Republic of Kazakhstan. The principle of equality of citizenship should be understood as the equality of rights, freedoms and duties of citizens of the Republic, regardless of origin, social, official and property status, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances. Paragraph 1 of Article 10 of the Constitution provides for the constitutional and legal legitimacy of citizenship - it is recognized only if it is acquired legally.

     The objective side of Part 1 of the article under consideration is characterized by one illegal act (inaction) in the form of using a passport and (or) an identity card of a citizen of the Republic of Kazakhstan by a person who has lost the citizenship of the Republic of Kazakhstan.

     The documents proving the citizenship of a citizen of Kazakhstan are listed in Article 4 of the Law of the Republic of Kazakhstan dated December 20, 1991 No. 1017 "On Citizenship of the Republic of Kazakhstan". The document confirming the citizenship of the Republic of Kazakhstan is an identity card or a passport of a citizen of the Republic of Kazakhstan. The citizenship of a child under the age of 16 is confirmed by his birth certificate, the passport of either parent.

     The procedure for issuing these documents, their contents and validity periods are determined by Articles 8 and 9 of the Law of the Republic of Kazakhstan dated January 29, 2013 No. 73 "On Identity Documents".

     According to Article 21 of the Law of the Republic of Kazakhstan dated December 20, 1991 No. 1017 "On Citizenship of the Republic of Kazakhstan", the citizenship of the Republic of Kazakhstan is lost.:

     1) as a result of a person's admission to military service in the security service, police, judicial authorities or other bodies of state power and administration of another state, with the exception of cases provided for by interstate treaties of the Republic of Kazakhstan;

     2) if the citizenship of the Republic of Kazakhstan was acquired as a result of knowingly providing false information or false documents;

     3) on the grounds stipulated by the interstate treaties of the Republic of Kazakhstan;

     5) if a person has acquired the citizenship of another State;

     6) if the marriage with a citizen of the Republic of Kazakhstan, which served as the basis for the acquisition of citizenship of the Republic of Kazakhstan, is declared invalid by the court;

     7) upon the voluntary expression of the will of a child who is a citizen of the Republic of Kazakhstan, placed for adoption by foreigners, upon reaching the age of majority;

     8) as a result of a person's participation in foreign armed conflicts, extremist and (or) terrorist activities on the territory of a foreign state.

     The objective side of the 2nd part of the commented article is characterized by one illegal act (inaction) in the form of failure to report the fact of acquiring foreign citizenship within the time limits established by the legislation of the Republic of Kazakhstan.

     Article 21 of the Law of the Republic of Kazakhstan dated December 20, 1991 No. 1017 "On Citizenship of the Republic of Kazakhstan" defines the time limits for informing the Department of Internal Affairs about the new citizenship of a foreign state. A person who holds the citizenship of the Republic of Kazakhstan and has acquired the citizenship of a foreign state must, within thirty calendar days from the date of acquisition of another citizenship, report the fact of acquisition of foreign citizenship to the internal affairs bodies of the Republic of Kazakhstan or foreign institutions of the Republic of Kazakhstan and submit a passport and (or) an identity card of the Republic of Kazakhstan.

     Failure to report the fact of acquiring foreign citizenship within the time period established by part two of this Article shall entail liability established by Article 496 of the Administrative Code.

     The subjects of the offense under parts 1 and 2 of the analyzed article are sane individuals who have reached the age of sixteen at the time of the termination or suppression of an administrative offense.

     The objective side of Part 3 of the article under consideration is characterized by the same unlawful acts provided for in parts 1 and 2 of this article committed by the following persons:

     1) members of the civil service;

     2) performing the functions of a government representative;

     3) performing organizational and administrative functions in government agencies;

     4) performing administrative and economic functions in government agencies.

     The above-mentioned officials are the subjects of the offense provided for in Part 3 of Article 496 of the Administrative Code. In accordance with paragraph 8 of Article 1 of the Law of the Republic of Kazakhstan "On Civil Service", a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational, administrative or administrative functions in government agencies is an official.

     The subjective side of all parts of the article under consideration can only be expressed in the form of direct intent. The perpetrator is aware that he is not fulfilling his duty to report the acquisition of foreign citizenship and continues to use the documents of a citizen of the Republic of Kazakhstan.

     They have the right to consider cases of administrative offenses provided for in the article under study.:

     1) in parts 2 and 3 - judges of specialized district and equivalent administrative courts (art. 684 of the Administrative Code);

     2) according to part 1 - authorized officials of the internal affairs bodies (art. 685 of the Administrative Code).

     Authorized officials of the internal affairs bodies have the right to draw up protocols on administrative offenses in all parts of the commented article (Part 1 of Article 804 of the Administrative Code).

     The sanction of part 2 of the analyzed article provides for an alternative administrative penalty in the form of administrative expulsion from the Republic of Kazakhstan. In accordance with Part 2 of Article 917 of the Administrative Code, the decree on the administrative expulsion of foreigners or stateless persons from the Republic of Kazakhstan is executed by the internal affairs bodies.

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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