Commentary to article 693. Bodies exercising state control in the field of labor legislation of the Republic of Kazakhstan and the Code of Administrative Offences of the Republic of Kazakhstan
1. The bodies of the State labor inspectorate consider cases of administrative offenses provided for in articles 83 (regarding offenses committed by employers), 86 (parts one, two and three), 87, 88, 89, 90, 93( parts one, three, four, five, six and seven), 94, 95, 96, 97, 98, 230 ( the second part of the offences committed by employers), 519 (parts one, two, three, five and six) of this Code.
2. Excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015).
3. The Court has the right to consider cases of administrative offenses and impose administrative penalties.:
1) State labor inspectors;
2) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015).
Part 1. In accordance with subclause 18), clause 1, Article 1 of the Labor Code of the Republic of Kazakhstan, the authorized state body for labor is the central executive body responsible for management and intersectoral coordination in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan.
The Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan is the State body of the Republic of Kazakhstan that provides leadership in the social and labor sphere, as well as in the field of population migration within its competence.
His responsibilities include, among other things, the organization of state control over compliance with the labor legislation of the Republic of Kazakhstan, including occupational safety and health requirements, the legislation of the Republic of Kazakhstan on employment, as well as coordination of activities and inspections of the activities of the local labor inspection authority.
A local labor inspection body is a structural subdivision of local executive bodies of a region, a city of republican significance, or the capital that exercises powers in the field of labor relations within the relevant administrative–territorial unit in accordance with the legislation of the Republic of Kazakhstan (clause 19, clause 1, Article 1 of the Labor Code of the Republic of Kazakhstan).
Local labor inspection authority:
- carries out state control over compliance with the labor legislation of the Republic of Kazakhstan, including occupational safety and health requirements;
- monitors collective agreements submitted by employers;
- analyzes the causes of occupational injuries, occupational diseases, and occupational poisoning and develops proposals for their prevention;
- investigates work-related accidents in accordance with the procedure established by the Labor Code and other regulatory legal acts of the Republic of Kazakhstan;
- checks the knowledge of those responsible for ensuring occupational safety and health among employers;
- interacts with representatives of employees and employers on improving occupational safety and health standards;
- considers applications from employees, employers and their representatives on occupational safety and health issues;
- monitors the certification of production facilities according to working conditions;
- submits periodic reports to the authorized state body for labor, as well as the results of monitoring the state of occupational safety and health on the basis of the occupational health and safety information system;
- monitors collective labor disputes in accordance with the form established by the authorized state body for labor;
- submits the necessary information on labor relations to the authorized state body for labor;
- carries out the declaration of the employer's activities.
The bodies of the state labor inspectorate, represented by the authorized state body for labor and local labor inspection bodies, when exercising state control over compliance with labor legislation of the Republic of Kazakhstan, have the right to consider administrative offenses, the list of which is given in Part 1 of Article 693 of the Administrative Code.
Part 3. State labor inspectors who have the right to consider cases of administrative offenses and impose administrative penalties include:
1) The Chief State Labor Inspector of the Republic of Kazakhstan is an official of the authorized state body for labor;
2) chief state labor inspectors are officials of the authorized state body for labor;
3) the chief state labor inspector of the region, the city of republican significance, the capital – the head of the local labor inspection body of the region, the city of republican significance, the capital;
4) state labor inspectors are officials of the local labor inspection body of the region, the city of republican significance, the capital.
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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