During the expiration of the statute of limitations for exemption from administrative responsibility, bringing to administrative responsibility, it is not allowed to start proceedings on an administrative offense case, and the initiated case is subject to termination
By the resolution of the Department of internal state audit of the committee of internal state audit of the Ministry of Finance of the Republic of Kazakhstan for the Kyzylorda region (hereinafter referred to as the Department) dated September 6, 2017 No. 494 P. was found guilty by the eighth part of Article 207 of the code of administrative offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code), which imposed an administrative fine in the amount of 5 105 250 tenge. By the resolution of the specialized administrative court of Kyzylorda dated September 22, 2017, the resolution of this authorized body was left unchanged. The chairman of the Supreme Court of the Republic of Kazakhstan, in his submission, proposed to revise the judicial Act issued in the case in Cassation due to a violation of the consistency of the courts in the interpretation and application of legal norms. Having listened to the objections of the representative of the Department B., who supported the submission, to leave the comments of the person brought to administrative responsibility by the prosecutor T., on the contrary, unsatisfied, having studied the case materials, the specialized judicial board came to the following conclusion. In accordance with the first part of Article 840 of the administrative code, the grounds for canceling a court decision or changing it and issuing a decision are: inconsistency of the conclusions of the judge on the actual circumstances of the case recorded in the court decision with the evidence studied during the consideration of the complaint, the appeal petition of the prosecutor; incorrect application of the law on administrative responsibility; significant violation of the procedural norms of this code; inconsistency of the administrative penalty applied by the decision with the nature of the committed offense, the identity of the perpetrator or the property status of the legal entity.
During the expiration of the statute of limitations for exemption from administrative responsibility, bringing to administrative responsibility, it is not allowed to start proceedings on an administrative offense case, and the initiated case is subject to termination
There are such grounds for this case. In accordance with the documents of the administrative case, on behalf of the Department, an audit of the electronic public procurement tender No. 1496839-1 "delivery and installation of household inventory", held on April 14, 2017, was conducted for compliance with the requirements of the legislation of Public Procurement, and an audit report No. 118 was drawn up on May 23, 2017. The department, as a member of the commission with the eighth part of Article 207 of the Administrative Code, on the fact of the offense identified during the audit, filed with P. on July 21, 2017 for 27 lots, a total of 27 protocols on administrative offenses, brought to administrative responsibility by the resolution of September 6, 2017. In accordance with the third part of Article 62 of the administrative code, when committing an administrative offense in the financial sphere, a person is subject to administrative liability no later than three years from the date of committing an administrative offense, but is not brought to administrative responsibility after two months from the date of detection of an administrative offense. When reviewing the court decisions issued by the Cassation judicial board, it was established that the offender was brought to administrative responsibility after the expiration of the term of imposing an administrative penalty provided for in part three of Article 62 of the Administrative Code, that is, after 3 months and 14 days from the date of detection of the offense.
In accordance with subparagraph 5) of the first part of Article 741 of the administrative code, during the expiration of the statute of limitations for bringing to administrative responsibility, proceedings on an administrative offense case may not be initiated, and the initiated case is subject to termination. On the basis of the above, the specialized Judicial Board of the Supreme Court of the Republic of Kazakhstan canceled the decisions of the Department of internal state audit of the committee of internal state audit of the Ministry of Finance of the Republic of Kazakhstan in the Kyzylorda region and the court of first instance in relation to P. Due to the expiration of the limitation period for bringing to administrative responsibility, the proceedings were terminated. P.'s right to compensation for damages was recognized, and the proposal of the chairman of the Supreme Court of the Republic of Kazakhstan was satisfied.
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