Commentary to article 497. Violation of the order of presentation of primary statistical data The Code of the Republic of Kazakhstan on Administrative Offences
1. Submission of unreliable primary statistical data to the relevant state statistical authorities -
entails a warning.
2. Failure to submit primary statistical data to the relevant state statistical bodies within the prescribed period -
entails a fine for individuals in the amount of ten, for officials, non-profit organizations, small businesses - in the amount of fourteen, for medium-sized businesses - in the amount of twenty, for large businesses - in the amount of one hundred and twenty monthly calculation indices.
3. The acts provided for in the first and second parts 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 fourteen, on officials, non-profit organizations, small business entities - in the amount of twenty, on medium-sized businesses - in the amount of forty, on large businesses - in the amount of one hundred and fifty 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 Statistics.
The subject of the offense is primary statistical data, the concept of which is given in paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan dated March 19, 2010 No. 257 "On State Statistics". Primary statistical data is data obtained or registered in statistical forms.
The objective side of Part 1 of the article under consideration is characterized by one illegal act in the form of submitting unreliable primary statistical data to the relevant state statistical authorities.
Primary statistical data is provided to the state statistical authorities, which, in accordance with Article 4 of the Law of the Republic of Kazakhstan dated March 19, 2010 "On State Statistics" include:
1) authorized body;
2) state bodies and the National Bank of the Republic of Kazakhstan conducting departmental statistical observations and (or) forming official statistical information in accordance with the statistical work plan.
The authorized body is the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan, whose activities are regulated by the Order of the Minister of National Economy of the Republic of Kazakhstan dated September 30, 2014 No. 33 "On Approval of the Regulations on the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan".
The competence of the authorized body includes the following functions::
1) when producing statistical information, it requires additional information from respondents to confirm the reliability of primary statistical data.;
2) when respondents identify distortions of primary statistical data, it requires respondents to make corrections to statistical forms containing primary statistical data.
The objective side of part 2 of the analyzed article is characterized by one illegal action (inaction) in the form of failure to submit primary statistical data to the relevant state statistical authorities within the prescribed period.
Article 17 of the Law of the Republic of Kazakhstan dated March 19, 2010 No. 257 "On State Statistics" establishes that respondents are required to provide reliable primary statistical data when conducting statistical observations in accordance with the schedule of respondents' submission of primary statistical data and statistical methodology.
The schedule of respondents' submission of primary statistical data is a document containing information about the circle of respondents, the names of statistical observations, the frequency and timing of respondents' submission of primary statistical data, and the government agency responsible for collecting primary statistical data.
The authorized body ensures the formation of a statistical work plan, a schedule for respondents to submit primary statistical data and a schedule for the dissemination of official statistical information by July 1 of the year preceding the planned year.
Preventive monitoring without visiting respondents is carried out in the form of detecting the failure of respondents to provide primary statistical data within the time limits specified in the schedule for the presentation of primary statistical data by respondents, as well as their presentation of unreliable primary statistical data.
If violations are detected based on the results of preventive monitoring without visiting the respondents, an opinion is issued, which is sent to the respondent no later than two working days from the date of the violations.
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 individual or an official, as well as legal entities in the form of small, medium and large businesses, who are guilty of violating the procedure for submitting primary statistical data.
They have the right to draw up protocols on administrative offenses and impose administrative penalties on all parts of the commented article.:
1) heads of territorial bodies of the authorized body in the field of state statistics and their deputies (art. 719 of the Administrative Code);
2) in terms of primary statistical data, the collection of which falls within his competence - the Chairman of the National Bank of the Republic of Kazakhstan, his deputies, heads of territorial branches (Part 2 of Article 724 of the Administrative Code).
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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