If there is no corpus delicti, then there can be no exemption from administrative responsibility.
By a resolution of the Shemonaikha District Court of the East Kazakhstan region dated February 9, 2018, the proceedings against LLP "V" under Article 136 of the Administrative Code were terminated. The fact of accumulation of waste and overburden on illegally occupied state lands directly adjacent to the land plots owned by LLP "V" on an area of 1.1826 hectares has been established. The Partnership was charged with illegal occupation of a state-owned land plot. In accordance with Article 136 of the Administrative Code, administrative liability is provided for the illegal occupation or exchange of state land plots or other transactions that directly or indirectly violate the right of state ownership of land. Motives: failure by the authorized body to provide evidence about the circumstances set out in the protocol, namely, the Partnership's awareness of violations by the contractor during the construction of the railway track, the size of the illegally occupied land, the absence of harm as a result of the seizure of land.
If there is no corpus delicti, then there can be no exemption from administrative responsibility.
At the same time, the court contradictingly indicates that LLP "V" did not inform the local executive body about the placement of waste on its land plots that did not belong to it. The above conclusions raise doubts about the objectivity of the consideration of this case on the following grounds:
The Court has not defined the range of circumstances to be established when considering cases under Article 136 of the Administrative Code.
It has not been established whether there was an unauthorized seizure, but in the present case it was the placement of ash and slag waste and overburden on state-owned lands.
The subject has not been specifically identified, namely: who committed the seizure, who owns the disposed waste.
As a result, all other circumstances described by the court have no legal significance.
In addition, in order to apply insignificance, the court should have established the existence of these grounds and fixed them in the decision.
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