Complaint about the instructions on the need to pay a fine
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To the Administrative Police Department of the Almaty City Police Department
from: gr. ..................... IIN: ...................... Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Claim
on the instructions about the need to pay a fine
Private bailiff of the executive district of Almaty ............... IIN: ............... operating on the basis of the state license No.... dated 03/04/20.... located at: Tole bi street ..... office 610 informed us on 11/20/20... year that he has an enforcement document issued by the Department of Internal Affairs of Almaty dated 09/10/2018, on the collection of an administrative fine from the NGO ........ By the resolution of 04.04.20..., enforcement proceedings were initiated for No...... against the debtor of the public association ".......". The above-mentioned Order of the Administrative Police Department of the Department of Internal Affairs of Almaty dated 09/10/20... and the Resolution of the initiation of enforcement proceedings for No...... dated 04/04/20... was handed over on purpose by the NGO "...." on 11/20/2019, as evidenced by the Notification of the CHSI ............. Until 11/20/20..., no notifications, notices and/or payment orders, as well as protocols on administrative violations, were received for the specified administrative offenses of the NGO "...." Whereas according to paragraph 3 of art . 822-1 of the Administrative Code of the Republic of Kazakhstan, an order on the need to pay a fine with a receipt of the established sample is sent to the owner (owner) of the vehicle within ten days from the date of the administrative offense.
Also, according to paragraph 1 of Article 62 of the Administrative Code of the Republic of Kazakhstan, a person is not subject to administrative liability after two months from the date of the commission of an administrative offense. In art . 811 of the Administrative Code of the Republic of Kazakhstan states that upon detection of an administrative offense and identification of the person who committed it, the authorized person who has the right to draw up a protocol on administrative offenses in accordance with Article 804 of this Code initiates administrative proceedings and explains to the person the right to pay a fine in the amount of fifty percent of the amount of the fine specified in the sanction of the article within seven days. The authorized person who drew up the protocol shall hand the person a copy of the protocol on an administrative offense with a receipt of the established sample. If an administrative offense is recorded by certified special control and measuring equipment and devices operating in automatic mode, the person has the right to pay a fine in the amount of fifty percent of the specified fine amount within seven days from the date of proper delivery of the instruction on the need to pay the fine with a receipt of the established sample. Article 826-1. The Administrative Code of the Republic of Kazakhstan "The right to appeal a decision in an administrative offense case, orders on the need to pay a fine" stipulates that the persons specified in Articles 744, 745, 746, 747, 748 and 753 of this Code may appeal an order on the need to pay a fine to a higher authority (official). Article 826-2. of the Administrative Code of the Republic of Kazakhstan "The procedure and time limits for appealing, protesting a decision in an administrative offense case, and prescribing the need to pay a fine" provides that 1. A complaint or protest against a ruling on an administrative offense, or an order to pay a fine, is sent to the body (official) who issued the ruling on the case, who issued the order, who is obliged to send them with all the case materials to the appropriate higher authority within three days from the date of receipt of the complaint or protest. (to an official). A complaint or protest can be submitted directly to a higher authority (official) authorized to consider them. 2. A complaint or protest against a decision in an administrative offense case shall be filed within ten days from the date of delivery of a copy of the decision, and if the persons specified in Articles 744, 745, 746, 747, 748 and 753 of this Code did not participate in the consideration of the case, from the date of receipt of the decision.
A complaint or protest against an order to pay a fine may be filed within ten days after the expiration of the period provided for in Article 817 of this Code. Based on the above and guided by Articles 62, 811, 822-1, 826-1, 826-2 and Chapter 47 of the Administrative Code of the Republic of Kazakhstan,
I ask you to:
The decree dated 09/10/20... of the year on the need to pay a fine should be checked for legality and validity of the issued order;
Revoke the Order dated 09/10/20... on the need to pay a fine and terminate the case of an administrative offense;
To release the NGO "...." from administrative liability due to the expiration of the statute of limitations;
Reproduce the corresponding adjustments in the database according to the above-mentioned prescription;
Provide all the materials of the administrative proceedings on the above-mentioned administrative fine; respond to the Application within the time limits established by law.
Yours sincerely,, _______________/ ___________ "___" ___________20.. the year.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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