Exemption from administrative liability in case of minor offense
If the committed administrative offense is insignificant, the judge, the body (official) authorized to consider cases of administrative offenses may release the person who committed the administrative offense from administrative responsibility, limiting himself to an oral remark. Note: When deciding whether to release a person from administrative responsibility on the grounds specified in this article, the specific circumstances of the commission of an administrative offense are taken into account, including the identity of the offender, as well as the object of the encroachment, and if there is harm, its size. Chapter 8 is supplemented by Article 64-1 in accordance with the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127-VI (effective ten calendar days after the date of its first official publication). The analysis of the norm is the basis for exemption from administrative responsibility. Statement of the fact of an administrative offense. It is necessary to establish the insignificance of the committed administrative offense Consequences: oral remark.
What may indicate the insignificance of the specific circumstances of the commission of an administrative offense, including: 1) the identity of the offender; 2) the object of the encroachment; 3) if there is harm, the amount. The institute of insignificance can be applied to both material and formal structures (the presence of a reservation, "and in the presence of harm"). The court must ensure the sequence of establishing the circumstances: 1. whether an administrative offense has been committed; 2. whether the commission of an offense has been proven; 3. whether the person is a subject; 4. are there any circumstances provided for in Part 1 of Article 741 of the Administrative Code; 5. are there specific circumstances that indicate the insignificance of the offense committed; 6. if there is harm, the amount of harm. Note The abbreviations used in the summary are: 1. limited liability partnership – LLP, 2. joint stock company – JSC, 3. Individual entrepreneur – sole proprietor, 4. Specialized administrative court – CAC, 5. Specialized interdistrict administrative court – SMAS, 6. Collegium for civil cases of the regional court - regional court, 7. The specialized judicial board of the Supreme Court of the Republic of Kazakhstan is the Supreme Court.
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