Expiration of the limitation period for administrative liability
By a decision of the Baydibek District Court of South Kazakhstan Region dated April 24, 2017, the proceedings against I. under part 2 of Article 610 of the Administrative Code were terminated due to the expiration of the statute of limitations for administrative liability. Disagreeing with this decision, the district prosecutor's office filed a protest to cancel the court's decision and issue a new decision to find I. guilty under part 2 of Article 610 of the Administrative Code and impose a proportionate administrative penalty on him. The court of appeal overturned the decision of the court of first instance, and satisfied the prosecutor's protest. He issued a new decision to find I. guilty under part 2 of Article 610 of the Administrative Code with the imposition of an administrative penalty. The court of first instance incorrectly calculated the terms of bringing to administrative responsibility. Thus, the court did not take into account the requirements of the norm of part 5 of Article 62 of the Administrative Code, that the term for imposing an administrative penalty for an administrative offense is suspended from the moment of appointment of an expert examination. The calculation of these time limits is resumed from the moment the results of the examination of the administrative offense case are received by the court or an official of the state body authorized to consider it in accordance with this Code.
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