Commentary to article 498. Refusal, failure to submit, late submission, concealment, postscript, and other distortions of legal statistics and special accounting data The Code of the Republic of Kazakhstan on Administrative Offences
1. Refusal, failure to submit legal statistics and special accounting data to a state body engaged in activities in the field of legal statistics and special accounting, their submission in violation of the established deadline, concealment, postscript, other intentional distortion of legal statistics and special accounting data, as well as obstruction in any form of obtaining legal statistical information and special accounting information accounts -
they impose a fine on officials and private bailiffs in the amount of ten 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 and special accounting.
The subject of the offense is legal statistics and special accounting, the concept of which is given by the Law of the Republic of Kazakhstan dated March 19, 2010 "On State Statistics":
1) legal statistical information - data provided by subjects of legal statistics and special accounting to the authorized body for use for statistical purposes;
2) special accounting - collection, registration, processing, accumulation, systematization, classification, storage of documented information in the field of state legal statistics for information support of government agencies, individuals and legal entities.
The objective side of the article under consideration is characterized by illegal actions (omissions) in the form of:
1) refusal or non-submission of legal statistics and special accounting data to the state body carrying out activities in the field of legal statistics and special accounting;
2) submission of legal statistics and special accounting data in violation of the established deadline;
3) concealment, postscript, and other intentional misrepresentation of legal statistics and special accounting data;
4) obstruction in any form of obtaining legal statistical information and special accounting information.
The legislation of the Republic of Kazakhstan on state legal statistics and special accounting is based on the Constitution of the Republic of Kazakhstan, consists of the Law of the Republic of Kazakhstan dated December 22, 2003 No. 510 "On State Legal Statistics and special accounting" and other regulatory legal acts of the Republic of Kazakhstan. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
According to Article 18 of the Law of the Republic of Kazakhstan dated December 22, 2003 "On State legal Statistics and special accounts", subjects of legal statistics and special accounts are required to:
1) provide the authorized body with information and accounting documents, other necessary materials and information in the manner, limits, volumes and within the time limits established by the authorized body;
2) to ensure the integrity, objectivity, reliability and sufficiency of legal statistical information and, within the limits of their powers, to monitor the completeness and reliability of the reflection of legal statistical information;
3) to ensure the safety of the information received, which constitutes state secrets and legally protected secrets;
4) register acts on the appointment of inspections conducted in accordance with the legislation of the Republic of Kazakhstan.
Special records, the information of which can be used by various state bodies in solving tasks within their competence, are subject to management only in the authorized body. Subjects of legal statistics and special accounting shall submit information accounting documents and other necessary materials and information for the formation of special accounting in the manner, limits, volumes and within the time limits established by the authorized body.
The authorized body for the maintenance of special records is the Prosecutor General's Office of the Republic of Kazakhstan. The rules for maintaining and using special records of persons who have committed criminal offenses, those brought to criminal responsibility, those brought to criminal responsibility for committing a criminal offense and fingerprint records of detainees, detainees and convicted persons were approved by Order of the Prosecutor General of the Republic of Kazakhstan dated February 27, 2018 No. 29 "On Approval of the Rules for Maintaining and using special Records persons who have committed criminal offenses, who are being held criminally liable, persons, brought to criminal responsibility for the commission of a criminal offense and fingerprinting of detainees, detainees and convicted persons." The same order establishes the procedure, deadlines, and control over the completeness and reliability of information provided by subjects of special accounting.
In accordance with paragraph 4 of Article 12 of the said law, the rules for the creation, formation, storage, maintenance and use of special records, with the exception of operational and departmental records, are established by the authorized body.
For example, the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated September 8, 2014 No. 577 approved the Rules for the creation, use and improvement of departmental and operational records in the units of internal affairs bodies.
The subjective side of the article in question can be expressed as either direct intent or carelessness.
The subject of the offense is directly indicated in the disposition of the article under study, which are officials and private bailiffs. According to the meaning, officials are subjects of legal statistics and special accounting, who violated the legislation in the field of state legal statistics and special accounting.
In accordance with paragraph 13 of the Law of the Republic of Kazakhstan dated December 22, 2003 No. 510 "On State Legal Statistics and special accounts", the subjects of legal statistics and special accounts are:
1) law enforcement agencies;
2) judicial authorities;
3) other state bodies and organizations;
4) persons who, in accordance with the legislation of the Republic of Kazakhstan, provide legal statistical information to the authorized body for the purposes of state legal statistics, special accounting, study and analysis of documented information used in criminal law, civil law, administrative law spheres.
Based on subparagraph 2 of paragraph 2 of Article 148 of the Law of the Republic of Kazakhstan dated April 2, 2010 No. 261 "On enforcement proceedings and the status of bailiffs", a private bailiff is required to provide information about his activities to the authorized body for legal statistics and special accounting, the form and timing of which are approved by the Prosecutor General's Office of the Republic of Kazakhstan.
It should be noted that in most cases, the offenders are special subjects of administrative responsibility, and their prosecution can only be carried out in a disciplinary manner. For example, employees of the Department of Internal Affairs for violations of the established management procedure, including for offenses provided for in the article under study, cannot be administratively liable on general grounds. Judges and other law enforcement officers have similar immunity to administrative responsibility.
In this regard, it is justified that this article should be excluded from the Administrative Code with its transfer to the sphere of disciplinary responsibility of subjects of legal statistics and special accounting.
In accordance with article 684 of the Administrative Code, judges of specialized district and equivalent administrative courts consider cases of administrative offenses provided for in the commented article.
The initiation of cases of administrative offenses provided for in Article 498 of the Administrative Code is carried out by the prosecutor by issuing a decision in accordance with the procedure provided for in Articles 803 and 805 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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