Commentary to article 908. Calculation of the terms of revocation of a permit or suspension of its validity The Code of the Republic of Kazakhstan on Administrative Offences
1. The term of revocation of a permit or suspension of its validity shall be calculated from the date of entry into force of the resolution on revocation (suspension) of the permit.
2. Upon expiration of the period of deprivation of a permit for a certain type of activity, a person subjected to this measure of administrative penalty receives a license in accordance with the procedure established by law.
Upon expiration of the period of suspension of the permit, the person subjected to this measure of administrative penalty is returned the permit withdrawn from him in accordance with the established procedure.
3. The validity of the permit is suspended from the date specified in the resolution on the imposition of an administrative penalty and for the period specified therein.
The validity periods of permits (licenses), depending on the class and category of the permit, are determined by the annexes to the Law of the Republic of Kazakhstan dated May 16, 2014 No. 202 "On Permits and Notifications". The period of validity of permits can range from one month to indefinite.
In accordance with Part 2 of Article 47 of the Administrative Code, the period of suspension of a permit may not be less than one or more than six months. The terms of withdrawal of a permit are not provided for by the sanctions of the articles of the Special Part of the Administrative Code, and their effect is fully terminated until a new permit (license) is obtained.
Paragraph 9 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 22, 2016 No. 12 "On certain issues of application by courts of the norms of the General Part of the Code of Administrative Offences of the Republic of Kazakhstan" clarifies the procedure for calculating the terms of deprivation of permits. The terms of deprivation of a special right granted to a specific individual or legal entity, or the deprivation of a permit or suspension of its validity, as sanctioned by most articles of the Special Part of the Administrative Code, are indicated in months or years, however, in accordance with Article 60 of the Administrative Code, they can also be calculated in calendar days.
Part 1 of the commented article defines the initial period for the entry into force of the resolution on revocation (suspension) of the permit.
Based on Article 883 of the Administrative Code, a ruling on an administrative offense case comes into legal force after the expiration of the time limit set for appealing a ruling on an administrative offense case, if it has not been appealed or protested.
The procedure and time limits for appealing and protesting in the case of an administrative offense are established in accordance with the provisions of art. 826-2 of the Administrative Code. A complaint or protest against a ruling on an administrative offense case is sent to the body that issued the ruling on the case, which is obliged to send them with all the case materials to the appropriate higher authority (official) within three days from the date of receipt of the complaint or protest. A complaint or protest can be submitted directly to a higher authority (official) authorized to consider them.
A complaint or protest against the decision on an administrative offense case is filed within ten days from the date of delivery of a copy of the decision, and if the offender or his legal representative did not participate in the consideration of the case, from the date of receipt of the decision.
A complaint or protest against a decision in an administrative offense case made in connection with non-fulfillment or improper fulfillment of a tax obligation established by the Tax Code of the Republic of Kazakhstan, or obligations provided for by the legislation of the Republic of Kazakhstan on pension provision and compulsory social insurance, identified by the results of a tax audit, may be filed within thirty days from the date of delivery or obtaining a copy of the resolution.
Filing a complaint or protest within the time limit established by art. 826-2 of the Administrative Code suspends the execution of the decision to impose an administrative penalty until a decision is made on the complaint or protest.
If the complaint does not meet the requirements provided for in parts 1 and 2 of Article 833 of the Administrative Code, it is considered filed, but it is returned with an indication of the deadline for completion. If the complaint has not been submitted to the authority (official) within the specified period after being resubmitted, it is considered unsubstantiated.
Part 2 consists of two paragraphs, which provide for the procedure for obtaining permits after the expiration of their deprivation or suspension.
Upon expiration of the period of deprivation of a permit for a certain type of activity, a person subjected to this measure of administrative penalty receives a license in accordance with the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications".
During licensing or during the implementation of licensing procedures, the licensing authority is obliged to verify the completeness of the submitted documents within two working days from the date of receipt of the applicant's documents for the issuance of a permit and (or) its annex. If the applicant submits an incomplete package of documents, the licensing authority within the specified time limits gives a reasoned refusal to further consider the application.
In order to obtain, in cases established by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan or resolutions of the Government of the Republic of Kazakhstan, approvals (accompanying permits) from state bodies for the applicant's compliance with the requirements established by regulatory legal acts, the licensing authority shall send a request within two working days from the date of registration of the applicant's documents for obtaining a permit and (or) appendices thereto. to the relevant state authorities at the place where the applicant is carrying out the upcoming activity or action (operation).
Upon expiration of the period of suspension of the permit, the person subjected to this measure of administrative penalty is returned the permit withdrawn from him, if the validity period of the permit has not expired.
Part 3 of the analyzed article stipulates that the validity of the permit is suspended from the date specified in the resolution on the imposition of an administrative penalty and for the period specified therein.
The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 No. 5 "On the court's ruling on an administrative offense case" clarified the procedure for sanctioning an administrative offense case. In the operative part of the resolution, it is necessary to indicate exactly what requirements for the behavior of a person who has committed an administrative offense are established by the court, and for how long. When presenting the operative part, the type and amount of the main and additional administrative penalties are indicated.
Article 45 of the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications" provides for the possibility of early expiration of an administrative penalty in the form of revocation or suspension of a permit. Unless otherwise established by the laws of the Republic of Kazakhstan, when eliminating violations that were the basis for suspending the permit and (or) the annex to the permit, the licensee or the holder of the permit of the second category has the right, before the expiration of the suspension period of the permit and (or) the annex to it, to submit to the licensing authority an application for elimination of violations with copies of supporting documents attached.
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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