Commentary to article 800. Seizure of goods, vehicles and other property belonging to a legal entity of the Code of Administrative Offences of the Republic of Kazakhstan  

     1. The seizure of goods, vehicles and other property belonging to a legal entity that are instruments or objects of an administrative offense is an inventory of the specified goods, vehicles and other property with an announcement to the representative of the legal entity in respect of whom this measure has been applied to ensure proceedings on an administrative offense, prohibiting the disposal (and in the case of if necessary, and use) it is applied by them in the event that these goods, vehicles and other property cannot be seized and/or their safety can be ensured without seizure. Goods, vehicles and other property that have been seized may be transferred for safekeeping to other persons appointed by the official who imposed the arrest.

     2. The seizure of goods, vehicles and other property belonging to a legal entity shall be carried out by authorized officials specified in Article 787, part one of Article 804 of this Code, in the presence of the owner of the goods, vehicle and other property and two witnesses.

     In urgent cases, the seizure of goods, vehicles and other property may be carried out in the absence of their owner.

     3. If necessary, photography, cinematography, and video recording are used.

     4. A protocol is drawn up on the seizure of goods, vehicles and other property belonging to a legal entity. The protocol on the seizure of goods, vehicles and other property belonging to a legal entity shall specify the date and place of its compilation, the position, surname and initials of the person who drew up the protocol, information about the legal entity in respect of which this measure was applied to ensure proceedings on an administrative offense, and the person in possession which contains the goods, vehicles and other property that have been seized, their inventory and identification signs, as well as a record of the use of photography, filming, and video recording. The materials obtained during the arrest using photographs, films, and video recordings are attached to the protocol.

     5. If necessary, goods, vehicles and other property that have been seized are packed and/or sealed.

     6. A copy of the protocol on the seizure of goods, vehicles and other property belonging to a legal entity shall be handed over to the representative of the legal entity in respect of whom this measure has been applied to ensure the proceedings on an administrative offense.

     7. Alienation or concealment of goods, vehicles and other property belonging to a legal entity that has been seized, by a legal entity in respect of which this measure has been applied to ensure proceedings on an administrative offense, or by a person storing the seized property, entails liability established by the laws of the Republic of Kazakhstan.

     The commented article defines the procedure for the seizure of goods, vehicles and other property belonging to a legal entity, which were technical devices with which an administrative offense was committed, or the thing to which the offender's action was directed.  

     Part 1. Arrest is a special measure to ensure the proceedings in the case of an administrative offense. According to the commented part, only those goods, vehicles and other property belonging to a legal entity that were the instrument or subject of an administrative offense are subject to arrest. The imposition of an arrest means the declaration to the legal representative of a legal entity of a ban on disposing of, and, if necessary, using them with the mandatory drawing up of an inventory.  

     The main difference between the seizure of goods, vehicles and other property from the seizure of things, goods and documents, in accordance with Article 795 of the Administrative Code, is that the seizure of goods, vehicles and other property is applied if they cannot be seized and (or) their safety can be ensured without seizure.

     This procedural security measure is applied only when:  

     a) goods, vehicles and other property cannot be seized;  

     b) their safety can be ensured without withdrawal.  

     As a rule, the seizure of goods is most applicable to administrative offenses in the field of customs (violations of customs rules, etc.), in the field of taxation, finance, securities market, business activities and environmental protection.

     In the event of an arrest, the official who imposed the arrest may transfer them to other responsible persons for safekeeping. This is done by means of a receipt.  

     Part 2. The seizure is carried out by those officials whose circle is defined in art. 787, part 1 of art. 804 of the Administrative Code.  

     The arrest is carried out in the presence of the owner of the goods, vehicle and other property and two witnesses. However, in urgent cases, the seizure of goods, vehicles and other property may be carried out in the absence of their owner.

     Part 3 stipulates that, if necessary, photography and cinematography, video recording, and other established methods of recording physical evidence are used. All legal provisions (regarding the use of scientific and technical means), and therefore comments on articles of the commented chapter of the Administrative Code, are fairly related to this legal provision.

     Parts 4, 5 and 6. As expected, any procedural actions must be recorded. Thus, the protocol on the seizure of goods, vehicles and other property belonging to a legal entity must describe:  

     - date and place of its compilation;

     - the position, surname and initials of the person who drew up the protocol;

     - information about the legal entity in respect of which this measure has been applied to ensure the proceedings in the case of an administrative offense;

     - about the person in possession of the goods, vehicles and other property that have been seized, their inventory and identification features.

     In addition, the protocol also records the use of photography, filming, and video recording. The materials obtained during the arrest using photographs, films, and video recordings are attached to the protocol.  

     If necessary, the goods, vehicles and other property seized are packed and (or) sealed.

     In this case, a copy of the protocol on the seizure of goods, vehicles and other property belonging to a legal entity is handed over to the representative of the legal entity against whom this measure has been applied to ensure the proceedings on an administrative offense.

     The commented article, as mentioned above, establishes the procedure for seizing goods, vehicles and other property belonging to a legal entity that have the value of evidence in an administrative offense case, and therefore the application of these parts must be compared with the provisions of Chapter 39 of the Administrative Code. In this case, it is especially important to record the most complete physical evidence in the protocol on the seizure of goods, vehicles and other property belonging to a legal entity.  

     Part 7. In practice, there may be cases when the person for whose custody the property has been transferred, even against receipt, abuses his right and violates the terms of the agreement. For example, he appropriates, conceals or squanders the entrusted property.  

     In this case, part 7 of the commented article states that such a person bears the responsibility established by the current legislation of the Republic of Kazakhstan. We are talking about legal liability, up to criminal liability, for example, liability provided for in Article 189 of the Criminal Code "Embezzlement or embezzlement, that is, theft of someone else's property entrusted to the perpetrator."

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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