Violation of the legislation on valuation activities Termination of production due to the expiration of the limitation period for administrative liability
On April 18, 2017, the Partnership commissioned JSC "F" to compile reports on the assessment of the debtor's assets of LLP "G". The decision and private ruling of the Pavlodar City Court dated July 26, 2017 in the civil case of the appeal of LLP "G" against the actions of a private bailiff established the fact of violation by the partnership of the legislation on valuation activities, which led to a significant underestimation of the market value of the assessed real estate. On this fact, on September 11, 2017, the Department of Justice of Almaty city drew up a protocol on an administrative offense against the partnership under part 1 of Article 184 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code). By the resolution of the specialized interdistrict Administrative Court of Almaty dated September 27, 2017, the Partnership was brought to administrative responsibility for committing an offense under part 1 of Article 184 of the Administrative Code with the imposition of an administrative fine in the amount of 60 monthly calculation indices in the amount of 136,140 tenge and suspension of the license for a period of 2 months. By the decision of the Almaty City Court dated October 31, 2017, the said resolution was left unchanged. 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. The offense imputed to the partnership does not fall under the provisions of part 3 of Article 62 of the Administrative Code, since it relates to offenses in the field of entrepreneurial activity and is not permanent.
The property assessment reports were compiled on April 18, 2017, as evidenced by the dates of their compilation and approval indicated on the title pages. At the same time, the protocol on an administrative offense against the partnership was drawn up on September 11, 2017, that is, after more than four months. Consequently, the statute of limitations for bringing the partnership to administrative responsibility has expired. 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 has annulled judicial acts of local courts, and proceedings in the case of an administrative offense against the Limited Liability Partnership "E" under part 1 of Article 184 of the Code of Administrative Offenses of the Republic of Kazakhstan have been terminated due to the expiration of the statute of limitations for administrative liability.
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