Commentary to article 783. Verification of evidence The Code of the Republic of Kazakhstan on Administrative Offences
All evidence collected in the case of an administrative offense is subject to thorough, comprehensive and objective verification. Verification includes analyzing the evidence obtained, comparing it with other evidence, collecting additional evidence, and verifying the sources of evidence.
All evidence collected in the case of an administrative offense is subject to thorough, comprehensive and objective verification. Verification includes analyzing the evidence obtained, comparing it with other evidence, collecting additional evidence, and verifying the sources of evidence.
Verification of evidence is the second necessary step in the process of proving a case of an administrative offense, since in the administrative process, their verification is necessary to use the evidence obtained.
There is no ready-made evidence; at the initial stage of the investigation, authorities and officials can only receive information containing evidentiary information, which becomes evidence during their verification and evaluation.
There is no consensus in the procedural literature on the essence of verification of evidence. S. Strogovich writes about verification of evidence, which consists in verifying its correctness or incorrectness. As methods of verification, he calls the examination of evidence, the search for new evidence that supports or refutes this evidence, the comparison of evidence with other evidence available in the case. PF Pashkevich understands this to be the activity of the subject of evidence to study evidence and verify it. Belkin defines it as the subject's knowledge of the evidence of their content, verifying the validity of the factual data that make up this content, determining the relevance and admissibility of evidence and establishing consistency with all other evidence in the case.
In Russian, the term "check" is derived from the verb "check". In its etymological meaning, this term means: "1) to verify the correctness or inaccuracy of something; 2) to test, to put to the test to find out something (goodness, suitability, knowledge, experience, etc.); 3) to examine for the purpose of supervision; 4) to check, to review for the purpose of control."
The essence of verification of evidence must be related both to the thought process of the subjects of evidence and to their practical activities. Mental activity includes comparing evidence with evidence available in a case and identifying its sources. Practical activities are aimed at obtaining other evidence confirming the verified evidence.
This is confirmed by Article 783 of the Administrative Code, which states that verification of evidence includes analyzing the evidence obtained, comparing it with other evidence, collecting additional evidence, and verifying the sources of evidence.
As you can see, verification of evidence combines practical (collecting additional evidence, checking the sources of their receipt) and mental (analysis and comparison with other evidence) activities.
Verification of evidence may be performed only by bodies and officials conducting administrative proceedings. The law does not grant such powers to other participants.
The following methods of verifying evidence are defined:
- analysis of the received evidence;
- comparison of the obtained evidence with other evidence;
- collecting additional evidence;
- checking the sources of evidence.
Verification of evidence, being the next stage of proof after collecting evidence, creates the necessary prerequisites for the last element of the evidentiary process — their assessment, which is the logical conclusion of verification of evidence.
The analysis of a proof is a comprehensive study of it and consists in the fact that the proof is divided into its component parts, which are checked for their consistency. For example, the testimony of a witness is considered in the aspect of: whether the witness correctly perceived the observed fact, whether there were objective or subjective factors that distort or hinder the correct understanding of what was observed; whether what he saw was reproduced correctly, whether there are contradictions between the reported information, etc.
A comparison of evidence is necessary in order to find out the degree of their consistency with each other and with the procedural forms of obtaining evidence (whether the rules of questioning a witness, examination, etc.) are followed.
If the judge, the body (official) in charge of the administrative offense case considers the collected evidence insufficient to resolve the case or it is necessary to verify the reliability of the evidence, then the possibility of collecting additional evidence is legally established. They can be collected through such procedural actions as interviewing participants in administrative proceedings (Article 767 of the Administrative Code), appointment of an expert examination (Article 772 of the Administrative Code), inspection (Articles 794, 798 of the Administrative Code), seizure of items and documents (art. 795, 799 of the Administrative Code), requesting additional information (art. 780 of the Administrative Code), etc.
The identification of sources of evidence is understood as clarifying the primary source of the information that constitutes the content of the circumstances. Part 3 of Article 765 of the Administrative Code excludes the possibility of using factual data obtained from an unknown source, since it is not possible to verify their reliability.
Verification of evidence is carried out at all stages of administrative proceedings. Both the actual data and the sources of their receipt are subject to verification, both individually and in combination with other available evidence.
Also in this article, the legislator has fixed the criteria that must be met by verification of evidence. Thus, all the evidence collected in the case of an administrative offense is subject to thorough, comprehensive and objective verification. The consolidation of these criteria not only emphasizes the importance of verifying evidence in order to achieve the appointment of administrative proceedings, but also orients law enforcement officers to the obligation to use only such evidence in the course of legal proceedings, the necessary and sufficient properties of which are carefully verified and confirmed by procedural means.
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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