The application of a measure of procedural coercion in the form of a monetary penalty

In accordance with article 76 of the Constitution of the Republic of Kazakhstan and article 18 of the CPC, judicial acts, as well as demands, requests and other appeals from courts and judges in the administration of justice, are binding on all persons to whom they are addressed.

By virtue of articles 28, 29, 127, 138 of the CPC, participants in administrative proceedings bear the risk of procedural consequences depending on the performance or non-performance of their procedural duties.

The imposition of DV contributes to the realization of such a task of judicial proceedings as the formation of a respectful attitude towards the law and the court (part three of Article 1 of the CPC and Article 4 of the CPC).

The court's right to impose penalties when establishing the facts of abuse of procedural rights follows from the principle of the independence and independence of the judiciary and serves as one of the manifestations of the discretionary powers of the court necessary for the administration of justice in the context of administrative justice.

By virtue of the third part of Article 127 of the CPC, the court has the right to impose a fine on a person who abuses procedural rights or fails to perform procedural duties, including in cases of presenting evidence, executing orders in violation of the time limit set by the court without valid reasons, if this led to a delay in the consideration of an administrative case, for each action (inaction) in the amount of 10 MCI.

For failure to comply with a court decision, a court ruling approving an agreement between the parties on reconciliation, mediation, or dispute settlement through a participatory procedure, the court imposes a fine of 50 MCI on the defendant, indicating in the same judicial act a period not exceeding one month during which it is enforceable (Part 5, art.127 of the CPC). On this basis, the courts imposed 55 DV for non-compliance with court decisions.

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