Commentary to article 753. Representative of the victim of the Code of the Republic of Kazakhstan On Administrative Offenses
1. Representatives of the victim may be persons who are legally authorized to represent the legitimate interests of the victim in the proceedings on an administrative offense.
1-1. In order to protect the rights and legitimate interests of victims who are minors or who, due to their physical or mental condition, are unable to independently defend their rights and legitimate interests, their legal representatives and representatives are required to participate in the process.
2. Representatives of the victim have the same procedural rights as the individuals and legal entities they represent, within the limits provided for by this Code.
3. The representative has no right to commit any actions contrary to the interests of the represented person.
4. Personal participation in the case of the victim does not deprive him of the right to have a representative in this case.
The right of the victim (an individual, a legal entity) to conduct his affairs in an administrative case personally or through a representative implements the human rights potential of the norms of the Constitution of the Republic of Kazakhstan.
Legal representatives perform on behalf of the represented all procedural actions, the right to perform which belongs to the represented, subject to the restrictions provided by law. Similar legal institutions have been identified for other types of legal proceedings. The status of the victim's representative is regulated by 62 CPC RK and 76 CPC.
Part 1. In order to effectively protect the rights and legitimate interests of victims, their representatives may participate in the proceedings on an administrative offense.
Representatives are authorized to defend the legitimate interests of the victim and provide him with legal assistance in exercising his rights. It can be said that the representative of the victim in the administrative process is a capable individual who provides him with legal assistance. The norms of the legislation of the Republic of Kazakhstan do not limit the number of representatives whose legal assistance the victim can use.
The opportunity to use legal assistance from representatives is an important guarantee of the protection of the rights and freedoms of the victim. The victim chooses his representatives independently and voluntarily in accordance with his own requirements.
Representatives of the victim may be allowed to participate in the proceedings on an administrative offense from the moment it is initiated, i.e. from the moment the protocol on the administrative offense is drawn up.
Part 1-1. In order to protect the rights and legitimate interests of victims who are minors or who, due to their physical or mental condition, are unable to independently defend their rights and legitimate interests, their legal representatives and representatives are required to participate in the process.
It should be remembered that in accordance with the requirements of the Administrative Code and the Law of the Republic of Kazakhstan "On the Prosecutor's Office", prosecutors also have the right to act within the framework established by law in order to assist in the realization of the rights and legitimate interests of victims who are minors or physically or mentally deprived of the opportunity to independently defend their rights and legitimate interests.
In accordance with Part 4 of art . 24 of the Administrative Code, the court is obliged to explain to the legal representative of the person against whom proceedings are being conducted on an administrative offense, or the victim, who are minors or, due to their physical or mental condition, are unable to exercise their rights independently, upon written application or upon application in the form of an electronic document certified by an electronic digital signature, to request that his case It was considered in specialized district and equivalent administrative courts, and in the absence of such courts – in courts of general jurisdiction.
Part 2. As a general rule, representatives of the victim are endowed with his procedural rights provided for in Part 2 of Article 745 of the Administrative Code, and are obliged in their activities to strictly and steadily comply with the requirements of current legislation, to use all means and methods provided by law to protect the rights and legitimate interests of persons who have applied to them for legal assistance.
Part 3. The representative of the victim is prohibited from committing acts contrary to the interests of the represented person and acting in favor of the person against whom proceedings on an administrative offense are being conducted.
Despite the fact that the legislator in the commented article did not indicate certain restrictions, the implementation of which may significantly violate the rights of the represented person (principal), in fact they are present and consist in the fact that the representative (legal representative) is prohibited from acting contrary to the interests of the representative.
The representatives of the victim may not be persons who previously acted as other participants in the proceedings in this case, or, in accordance with their official position, carry out supervision and control over compliance with the rules, the violation of which became the basis for initiating the case.
Part 4 of the commented article allows for the simultaneous participation of the victim and his representatives in the proceedings on an administrative offense. If, in accordance with Part 3 of Article 745 of the Administrative Code, an administrative offense case is considered without the participation of the victim, then his representatives can protect his rights and legitimate interests independently.
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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