Position of the defender in the case of an administrative offense
On administrative offenses of the city of Almaty
judge of the Specialized Interdistrict Court R. B. Zhamalbekov
Almaty, 050040/A15m1c7, Bostandyk district,
Markov Street, 341.
8 (727) 333-10-12
727-1888@sud.kz
On an administrative offense against him
the person in whose case the case is being filed:
Zh-U-Yerzhigituly
IIN .....
address: Turkestan region, Keles district,
Akzhar settlement, Igilik Street,... home.
+7 778 ...
Defender: Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767
050002, Almaty, Almaly district,
79/71 Abylai Khan Avenue, office 304.
info@zakonpravo.kz
www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 971 78 58.
Article 434 of the Code of administrative offenses of the Republic of Kazakhstan
According to Part 1, No. 257517030004022
Administration submitted to the court with a protocol,
Position on the case
Administrative case submitted to the court by the protocol of the APB of Medeu ZH.a.Dzhumazhanov No. 257517030004022 of the PD of Almaty city for committing petty hooliganism in accordance with Part 1 of Article 434 of the Administrative Code of the Republic of Kazakhstan in your production for committing "dirty speech in public places, touching individuals and other similar actions that imply disrespect for others, violate public order and peace of individuals" No. 257517030004022 7528-25-00-3/11491 under consideration.
According to the reasoning of the police officers: Citizen U. E zh -. On 22.02.2025 at 02:30 in Almaty, Nazarbayeva 124, violated public order and the peace of individuals, did not respect others, spoke in public, and committed an administrative offense provided for by Part 1 of Article 434 of the Administrative Code.
However, we cannot agree with the Protocol No. 257517030004022 of the PD of Almaty, APB Medeu zh. a.Dzhumazhanov submitted to the court for the following reasons,
Thus, article 802 of the Administrative Code of the Republic of Kazakhstan states that the basis for initiating a case on an administrative offense is the direct detection of the fact of committing an administrative offense by an authorized official or materials received from law enforcement agencies, as well as other state bodies, local self-government bodies.
However, the reports (reports) of the district police inspector Konusov and SOBR employee R. B. Esdauletov, recorded in the Protocol on administrative offenses, written to the head of the Medeu APB, were not recorded, and the reports of police officers were not translated from Russian into Kazakh with the consent of the person brought to administrative responsibility in accordance with article 738 of the Administrative Code of the Republic of Kazakhstan.
In accordance with paragraphs 3 and 4 of Article 767 of the administrative code, explanations, testimonies of witnesses of the person against whom the case on an administrative offense is being filed are entered into the protocol on an administrative offense only after its full filling and clarification of the rights and obligations provided for by this code to these persons. In case of non-compliance with these requirements, the explanations of the person, the testimony of a witness, against whom the proceedings are being conducted in the case of an administrative offense, are considered invalid as evidence and cannot be recognized as evidence.
Thus, the actions committed by the authorized person to the management of his departmental regulatory legal act entail the invalidity of the protocol of administrative offenses.
At the same time, we cannot agree with the arguments in the protocol that U. E. zh - in a public environment, violated public order and the peace of individuals, did not respect those around them, spoke dirty in a public environment because U. E. zh- On February 22, 2025, at about 02 O'clock in his car, he came to the restaurant at 124 Nazarbayeva street to pick up his brothers in a healthy driver's reten, but when he saw his brothers in front of the cafe, he was taken by police officers, who abused their rights and duties, without explaining their rights to the offenders. There, when U. E. J. asked what was going on, the police officers were shouting and shouting at U. E. J.'s brothers. "I don't know," he said, " but I don't know."
He was in a position to be responsible for his actions, not drinking alcoholic beverages in accordance with the forensic medical examination.
In addition, there, the district police inspector Konusov recorded everything that happened on his smartphone, and it is not visible that the same video was made by U. E. zh. And there are few who have commented as witnesses. Tagabergen Duman did not comment on the actual offense to U. E. zh.
In this regard, dear court, I ask you to recognize in the materials of the case that the reports of U. E. zh, police officers are not valid as evidence that is evidence and cannot be recognized as evidence.
According to Part 2 of Article 741 of the Administrative Code of the Republic of Kazakhstan, "proceedings in the case of an administrative offense, if all the possibility of collecting additional evidence has been exhausted, exists both when proving the absence of an event of an administrative offense or the composition of an administrative offense on the grounds provided for in paragraphs 1) and 2) of the first part of this Article, and in the presence of lack of evidence, as well as in the case of committing an act, the harm of which is lawful or in circumstances precluding administrative liability in accordance with Chapter 5 of this Code."
Based on what I said above, based on Article 741 of the Administrative Code of the Republic of Kazakhstan
From the court,
· We ask for the termination of the administrative case against zh - U - Yerzhigitovich under Part 1 of Article 434 of the Code of administrative offenses of the Republic of Kazakhstan.
Zh-U-Yerzhigituly
Lawyer / lawyer, Sarzhanov Galymzhan Turlybekovich
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