Limitation periods A person is not subject to administrative liability after the expiration of the limitation period
By a resolution of the specialized administrative court of Temirtau dated December 21, 2018, IP I. was found guilty of committing an administrative offense under part 3 of Article 200 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code), with a fine of 67,340 tenge and suspension of the license for retail sale of alcoholic beverages for a period of one year. a month. By the decision of the judicial board for Civil Cases of the Karaganda Regional Court dated January 17, 2019, the decision of the court of first instance remained unchanged, the complaint was dismissed. In his submission, the Chairman of the Supreme Court of the Republic of Kazakhstan proposes to review the judicial acts in cassation due to the violation of uniformity in the interpretation and application of legal norms by the courts. It follows from the case file that on September 24, 2018, it was established that alcoholic beverages, Bread Juice vodka, were sold after 22 hours in a store owned by IP I. Thus , IP I. An administrative offense was committed under part 3 of Article 200 of the Administrative Code, which resulted in the retail sale of alcoholic beverages with a volume fraction of ethyl alcohol in excess of thirty percent from 21.00 to 12 the next day. This circumstance was the basis for the registration on September 25, 2018 of the protocol on an administrative offense under part 3 of Article 200 of the Administrative Code in respect of IP I.
Limitation periods A person is not subject to administrative liability after the expiration of the limitation period
The administrative offense case was sent to court on November 23, 2018. The court's decision to bring IP I. to administrative responsibility was issued on December 21, 2018. According to part 1 of Article 62 of the Administrative Code, a person is not subject to administrative liability after two months from the date of the commission of an administrative offense. By virtue of part 5 of Article 62 of the Administrative Code, the term for imposing an administrative penalty for an administrative offense is suspended from the moment an expert examination is appointed, a ruling is issued on bringing a person in respect of whom proceedings are underway, and the case is sent to a court or an official of a state body authorized to consider cases of administrative offenses.
The limitation period is resumed from the moment of receipt of the results of the examination, the case of an administrative offense by a court or an official of a state body authorized to consider it in accordance with this Code, as well as the actual delivery of the person being brought to administrative responsibility to the body (official) executing the definition of the drive. When reviewing the court decisions, the cassation court found that the offender was brought to administrative responsibility after the expiration of the period for imposing an administrative penalty provided for in part 1 of Article 62 of the Administrative Code. In accordance with subparagraph 5 of part 1 of Article 741 of the Administrative Code, proceedings on an administrative offense cannot be initiated, and those initiated are subject to termination if the statute of limitations for administrative liability expires. The Specialized Judicial Board of the Supreme Court annulled judicial acts of local courts and proceedings in the case of an administrative offense against individual entrepreneur I. according to part 1 of Article 200 of the Code of the Republic of Kazakhstan on Administrative Offenses were terminated after the expiration of the statute of limitations. The submission of the Chairman of the Supreme Court of the Republic of Kazakhstan is satisfied.
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