International cargo transportation An international carrier transporting goods in international traffic has been fined for transit through the territory of the Republic of Kazakhstan without a permit
For carrying out international road transport on the territory of the Republic of Kazakhstan without a special permit in cases stipulated by the legislation of the Republic of Kazakhstan on road transport, by the resolution of the State Institution "Transport Control Inspectorate for the South Kazakhstan Region" of the Transport Committee of the Ministry of Investment and Development of the Republic of Kazakhstan dated November 21, 2017, Company "K" (Islamic Republic of Iran) regarding 1 of Article 573 of the Code of the Republic of Kazakhstan on Administrative Offences (hereinafter – Administrative Code) was subjected to administrative penalty in the form of a fine in the amount of 500 monthly calculation indices, or 1,134,500 tenge. The Company appealed the Inspection's decision to the Specialized Administrative Court (hereinafter – the CAC) of Shymkent city. By a court decision dated December 15, 2017, the Company's complaint was satisfied, the decision of the authorized body was canceled due to the absence of elements of an administrative offense in its actions. The proceedings on the administrative offense case have been terminated. The case was not considered on appeal. Part 1 of Article 573 of the Administrative Code provides for liability for foreigners or foreign legal entities to carry out international road transport on the territory of the Republic of Kazakhstan without permission or special permission in cases provided for by the legislation of the Republic of Kazakhstan on road transport. In accordance with Article 19-8 of the Law of the Republic of Kazakhstan "On Motor Transport" dated July 4, 2003 No. 476 (hereinafter referred to as the Law), entry (exit) into (from) the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of foreign motor vehicles transporting passengers and cargo in international traffic are carried out on the basis of a permit. the document is a travel permit.
International cargo transportation An international carrier transporting goods in international traffic has been fined for transit through the territory of the Republic of Kazakhstan without a permit
According to Article 19-9 of the Law, permits and other documents that, in accordance with the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan, are necessary for international road transport must be drawn up in accordance with the rules for the application of the licensing system of road transport in the Republic of Kazakhstan in international traffic, be held by drivers of vehicles and presented at the request of authorized officials. government agencies. As follows from the case file, on November 2, 2017, Scania vehicles were stopped by the Inspection staff. According to the International consignment note (CMR), the unnumbered vehicles were transporting bean cargo on the route Kyrgyz Republic - Republic of Iran. In paragraph 16 of the international consignment note, the carrier is listed as Company "K". Legal address: Mashhad, Republic of Iran. During the verification of the accompanying documents, the absence of an international permit form for this transportation for transit through the territory of the Republic of Kazakhstan was revealed. There was only a permit form used for the transportation of goods on the route Republic of Iran - Republic of Kazakhstan (Almaty city), according to the international consignment note (CMR). In order to carry out transit travel with cargo on the route Republic of Kyrgyzstan - Republic of Iran, an additional permit form for transit travel through the territory of the Republic of Kazakhstan was required. According to subparagraph 5) of paragraph 3 of the "Rules for the application of the licensing system of road transport in the Republic of Kazakhstan in international traffic", approved by the order of the acting Minister of Investment and Development of the Republic of Kazakhstan No. 353 dated March 27, 2015 (hereinafter referred to as the Rules), a domestic permit is a permit for travel through the territory of the Republic of Kazakhstan by carriers of a foreign state in accordance with international treaties ratified by the Republic of Kazakhstan (universal permission for entry, exit and transit travel, as well as transportation from third countries to the territory of the Republic of Kazakhstan or from the territory of the Republic of Kazakhstan to third countries). Paragraphs 35, 36 of the Rules provide that domestic permits are issued to foreign carriers by the competent authorities of their states from among the permits exchanged for the corresponding year, and they are valid only for one trip. It should be noted that in a similar case of an administrative offense, the Company's complaint was dismissed by the judge of the same court, and the decision of the authorized body was left unchanged. The company paid the administrative fine imposed by the court in full. The appealed resolution of the Shymkent City CAC dated December 15, 2017 violates uniformity in the interpretation and application of legal norms by courts, which, in accordance with subparagraph 3) of part 5 of Article 851 of the Administrative Code, entails a review of this judicial act. The specialized Judicial Board of the Supreme Court overturned the decision of the court of first instance, upholding the decision of the State Institution "Inspectorate of Transport Control for the South Kazakhstan region" of the Transport Committee of the Ministry of Investment and Development of the Republic of Kazakhstan in relation to the Company "K".
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