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Pursuant to the Article 25 of the Code of the Republic of Kazakhstan on Administrative Offenses (hereinafter - Code), an administrative offense is an unlawful, wrongful (intentional or careless) action or inaction of an individual or illegal action or inaction of a legal entity for which this Code provides for administrative responsibility.
Article 41 of the Code
The following administrative penalties can be imposed for administrative violations:
1) notice;
2) administrative fine;
3) confiscation of an object that was an instrument or subject of an administrative violation, as well as property received in the result of an administrative violation;
4) deprivation of special right;
5) withdrawal of permit or its termination, and also exclusion from the register;
6) termination or prohibition of activities;
7) forced demolition of an illegally erected structure or structure under construction;
8) administrative arrest;
9) administrative expulsion from the Republic of Kazakhstan of a foreigner or stateless person.
Article 42. Primary and provisional measures of administrative penalties
- A notice, an administrative fine, an administrative arrest can only be applied as major administrative penalties.
- Deprivation of a special right, withdrawal of a permit or its termination, as well as exclusion from the register, termination or prohibition of activity or its certain types, as well as administrative expulsion from the Republic of Kazakhstan of foreigners or stateless persons can be applied both as major or additional administrative penalties.
- Confiscation, forced demolition of an illegally erected structure or structure under construction can only be applied as an additional administrative penalty.
Article 43. Notification
1. A notice involves the official provision by a court, a body (official) authorized to impose an administrative penalty of a negative assessment of the violation and a warning to an individual or legal entity about the inadmissibility of unlawful conduct. A notice is issued in writing.
2. In the absence of the circumstances provided for by Article 57 and the note to Article 366 of this Code, a court (judge), body (official) imposing an administrative penalty shall be obliged to apply a notice provided for by the relevant article of the Special Part of the Code.
Article 44. Administrative fine
1. An administrative fine (hereinafter: fine) is a monetary penalty imposed for an administrative violation in cases and within the limits provided for in the Articles of the Special Part of the section, in a sum corresponding to a certain amount of the monthly calculation index established in accordance with the applicable law at the time of initiation of administrative violation case.
In the cases provided for in the Articles of the Special Part of the section, sum of a fine is calculated as a percentage from:
1) amount of damage caused to the environment;
2) amount of an unfulfilled or improperly fulfilled tax obligation;
3) amounts of unpaid (not listed), untimely and (or) incompletely paid (listed) social security contributions;
4) amounts of non-transferred, untimely and (or) incompletely calculated, withheld (accrued) and (or) paid (transferred) mandatory pension contributions and mandatory professional pension contributions;
5) amount of the excisable goods obtained in the result of illegal business;
6) amount not accounted for in accordance with the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting or improperly accounted for;
7) amount of a transaction (operation) made (conducted) in violation of the financial legislation of the Republic of Kazakhstan;
8) amount of income (revenue) received as a result of monopolistic activities or violation of the legislation of the Republic of Kazakhstan on the electric power industry, on natural monopolies, legislation of the Republic of Kazakhstan that regulate the activities of the financial market and financial organizations;
9) cost of energy resources used in excess of the approved standards for the period in which a violation occurred, but for no more than one year;
10) amounts of non-credited national and foreign currency;
11) amounts of unpaid (unlisted), untimely and (or) incompletely paid (listed) deductions and (or) contributions for compulsory social health insurance.
If, in the provisions of the Special Part of the section, an amount of fine is calculated as a percentage from the amount of transaction carried out in violation of the norms of the financial legislation of the Republic of Kazakhstan, and such a transaction is carried out in foreign currency, an amount of fine is recalculated in tenge at the official rate established by the National Bank of the Republic of Kazakhstan at the time of drawing up an act on an administrative violation.
An amount of fine imposed on an individual cannot exceed two hundred monthly calculation indices.
An amount of fine imposed on an official, a private notary, a private bailiff, a lawyer, small businesses, as well as non-profit organizations may not exceed seven hundred and fifty monthly calculation indices.
An amount of fine imposed on medium businesses cannot exceed one thousand monthly calculation indices.
An amount of fine imposed on large businesses cannot exceed two thousand monthly calculation indices.
3. A fine calculated in accordance with the second paragraph of the first part of this article may be established in amounts exceeding fines specified in this article or be less than the established amounts.
4. A fine is collected as income to the state budget in the manner prescribed by the legislation of the Republic of Kazakhstan.
Article 45. Confiscation of a subject being a tool or subject of committing administrative infraction, as well as property received due to commission of administrative infraction
1. Confiscation of an object that was an instrument or subject of an administrative violation, as well as property received as a result of an administrative violation involves their compulsory gratuitous transfer into state ownership in the manner prescribed by law.
Removal of an item subject to return to its owner from an illegal possession of a person who has committed an administrative violation or an item withdrawn from circulation is not deemed to be confiscation. An item withdrawn from circulation is subject to transfer to state ownership or destruction.
2. Only an item that is the property of an offender is subject to confiscation, unless otherwise provided by the Special Part of the Code.
3. Confiscation of hunting weapons, ammunition thereto and other permitted hunting and fishing gear cannot be applied to individuals for whom hunting (fishing) is the main legal source of income.
4. Confiscation is applied by a judge and may be imposed in cases when it is provided for by the relevant article of the Special Part of the section as an administrative penalty.
Article 46. Deprivation of a special right
1. Deprivation of a special right granted to a certain person is applied by a judge.
2.Term of special right deprivation cannot be less than one month and more than two years.
3.Deprivation term for the right to drive vehicles may not be less than six months and more than ten years.
4. Deprivation of the right to drive vehicles cannot be applied to persons who use these vehicles in connection with disability, except for cases of driving a vehicle in a state of intoxication or evading a process of being examined for a state of intoxication, as well as leaving by these persons of a road traffic accident in which they were participants in violation of the established rules.
5. Deprivation of the right to go hunting, fishing, storing and carrying hunting weapons, ammunition thereto and fishing gear cannot be applied to persons for whom hunting (fishing) is the main legal source of income with the exception to systematic violation of the procedure for exercising the right.
Article 47. Deprivation of permission or suspension of its validity, as well as exclusion from register
1. Withdrawal of a permit or its termination is applied for an administrative violation committed while carrying out activities or performing certain actions (operations) provided for by a permit.
1-1. Withdrawal of a permit or its termination is imposed by a judge, an authorized body (official), taking into account the provisions of parts three, four, fifth, sixth and 6-1 of the Article.
2. The period of permit withdrawal may not be less than one and more than six months.
3. Withdrawal or termination of a permit to carry out activities in the financial sector and activities related to the concentration of financial resources, with the exception of withdrawal of a credit bureau's permit, shall be carried out by an authorized body for regulation, control and supervision of the financial market and financial organizations and the National Bank of the Republic of Kazakhstan within their competence for reasons and in the manner established by the laws of the Republic of Kazakhstan.
4. Exclusion from the register is carried out by an authorized body in the field of customs for reasons and in the manner established by the customs legislation of the Republic of Kazakhstan, and by an authorized body in the field of transport and communications for reasons and in the manner established by the legislation of the Republic of Kazakhstan on road traffic.
5. Exclusion from the register of organizations carrying out microfinance activities is carried out by an authorized body for regulation, control and supervision of the financial market and financial organizations for reasons and in the manner established by the legislation of the Republic of Kazakhstan on microfinance activities.
6. Exclusion from the register of debt collection agencies is carried out by an authorized body for regulation, control and supervision of the financial market and financial organizations for reasons and in the manner established by the Law of the Republic of Kazakhstan "On Debt Collection Activities".
6-1. Exclusion from the register of payment institutions is carried out by the National Bank of the Republic of Kazakhstan for reasons and in the manner established by the Law of the Republic of Kazakhstan "On Payments and Payment Systems".
7. In the event if an activity during execution of which an administrative violation was committed is a subtype of a licensed type of activity, an administrative penalty in the form of withdrawal or termination of a permit applies only to a specific subtype of a licensed type of activity.
Note. For the purposes of the Code, withdrawal of a permit and its termination involves the withdrawal of a license to carry out a licensed type of activity or its subtype, a special permit, a qualification certificate, or termination of its action for a certain type or subtype of activity, or execution of a certain action, as well as another permit document provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications".
Article 48. Suspension or prohibition of activity or its separate types
1. Termination or prohibition of an activity or its certain types involve temporary cessation of activity execution by individuals and (or) legal entities or prohibition of activity, including branches, representative offices, structural divisions of a legal entity, production sites, as well as operation of units, buildings and structures, carrying out certain types of activities (works), rendering services.
2. If for the execution of an administrative violation it is possible to impose a penalty in the form of termination or prohibition of activity then termination or prohibition of an activity or its certain types is carried out through judicial process or by a body (official) authorized to consider administrative violation cases. Consideration of such cases is carried out within ten days.
3. Termination of activity or its individual types is imposed for up to three months.
4. Prior to consideration of the case, a security measure in the form of termination or prohibition of activity or its individual types may be applied to an individual or legal entity in the manner prescribed by Article 801 of this Code. In this case, the period of termination or prohibition of the activity or its individual types shall be included in the period for the termination or prohibition of the activity or its individual types, if this administrative penalty is applied during the consideration of the case.
Article 49. Compulsory demolition of the built structure or the structure under construction on illegal basis
Forced demolition of an illegally erected structure or structure under construction is imposed by a judge in the cases provided for by the Articles of the Special Part of the section.
Article 50. Administrative arrest
1. Administrative arrest is imposed for up to thirty days, while for violation of the requirements of the emergency situation is amounts up to forty-five days. Administrative arrest is imposed by a judge in exceptional cases within the limits provided for in the Articles of the Special Part of this section.
2. Administrative arrest cannot be applied to pregnant women and women with children under the age of fourteen, persons under the age of eighteen, the disabled of 1st and 2nd groups, as well as to women over the age of fifty-eight, men over sixty-three years old and men who raise children under the age of fourteen alone.
3. An administrative detention term is included into the administrative arrest term.
Article 51. Administrative expulsion of foreign persons or stateless persons beyond the borders of the Republic of Kazakhstan
1. Administrative expulsion from the Republic of Kazakhstan of foreigners or stateless persons is applied by a judge as a measure of administrative penalty in the manner and for the reasons provided for by the Special Part of the Code.
The provisions of this part do not apply to cases of foreigners or stateless persons expulsion, which are carried out in the manner prescribed by the civil procedure legislation of the Republic of Kazakhstan.
2. If, in the course of administrative proceedings, a person against whom a measure of administrative penalty in the form of administrative expulsion from the Republic of Kazakhstan may be applied, informs about an act committed against him/her, recognized in accordance with the Criminal Code of the Republic of Kazakhstan as a grave or especially grave crime, then consideration of a case on an administrative violation in respect of this person is postponed until a decision is made on such a message or application in the manner prescribed by Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan.
Article 56. Circumstances mitigating liability for an administrative offense
1. The following is deemed as circumstances mitigating liability for an administrative offense:
1) repentance of a guilty person;
2) prevention by a person who committed an administrative offense of the harmful consequences of an offense and voluntary compensation for damage or elimination of the harm caused;
3) committal of an administrative offense under the influence of strong emotional excitement or at the confluence of complicated personal or family circumstances;
4) committal of an administrative offense by an under-age;
5) committal of an administrative offense by a pregnant woman or a woman with a child under the age of fourteen;
6) committal of an administrative offense as a result of physical or mental constraint;
7) committal of an administrative offense in violation of the conditions of legality of justifiable defence, detention of a person who committed an unlawful encroachment, execution of an order or prescription;
8) committal of an administrative offense for the first time through negligence.
2. When hearing an administrative offense case, court (judge) or a relevant body (official) may recognize the other circumstances not specified in the first part of this Article as mitigating.
Article 57. Circumstances aggravating liability for an administrative offense
The following is deemed as circumstances aggravating liability for an administrative offense:
1) persistent illegal behavior, regardless of explanations of the law by the prosecutor and (or) the requirement of authorized persons to cease it;
2) repeated committal of a similar administrative offense, for which the person has already been subjected to administrative punishment, within the period stated in Article 61 of the Code;
3) involvement of a minor into committal of an administrative offense;
4) involvement into committal of an administrative offense of persons who are obviously suffering from a severe mental disorder, or persons who have not reached the age from which administrative liability begins;
5) committal of an administrative offense motivated by national, racial and religious hatred or enmity, out of revenge for the lawful actions of other persons, as well as in order to conceal another offense or mitigate it;
6) committal of an administrative offense against a person or relatives of such a person in connection with the performance by this person of his/her official, professional or public duties;
7) committal of an administrative offense against a woman who is obviously pregnant, as well as against a minor, another defenseless or helpless person or a person who is dependent on an offender;
8) committal of an administrative offense by a group of persons;
9) committal of an administrative offense during a natural disaster or other emergency circumstances;
10) committal of an administrative offense in a state of alcoholic, drug or inhalant intoxication. The court (judge), a relevant body (official) imposing an administrative penalty depending on the nature of the administrative offense, may not recognize this circumstance as aggravating.
Article 62. Exemption from administrative liability due to expiration of limitation period
1. A person shall not be subject to administrative liability on the expiry of two months from the date of an administrative offense committal, except in cases provided for by the Code.
2. An individual is not subject to administrative liability for committing an administrative corruption offense, illegal interference of officials in business activities, as well as for offenses in the field of inspections of private business entities and other forms of control and supervision with visits to private business entities, taxation, environmental protection, competition protection, customs, in the field of pension provision, compulsory social insurance, legislation of the Republic of Kazakhstan on energy saving and energy efficiency improvement, on state secrets, on natural monopolies, on subsoil and subsoil use, on the procedure for organizing and holding peaceful assemblies upon the expiry of one year from the date of an administrative offence committal; a legal entity (including an individual entrepreneur) is not subject an administrative liability for committing an administrative corruption offense, offenses in the field of legislation of the Republic of Kazakhstan on energy conservation and energy efficiency improvement, on environmental protection, as well as on subsoil and subsurface use, on the procedure for organizing and holding peaceful assemblies, for violation of conformity assessment procedures for technical regulation facilities upon the expiry of three years from the date of an administrative offence committal; for offenses in the field of taxation, protection of competition, customs, pension provision, compulsory social insurance, legislation of the Republic of Kazakhstan on natural monopolies upon the expiry of five years from the date of an administrative offence committal.
3. In the case of a lasting administrative offense, as well as in the case of an administrative offense in the field of budgetary relations that encroaches on the legally protected interests of society and the state, a person is not subject to administrative liability upon the expiry of two months from the date of an administrative offense detection.
When committing an administrative offense in the field of finance, solvency restoration, rehabilitation and bankruptcy, a person is subject to administrative
liability no later than three years from the date of an administrative offense committal, but cannot be brought to administrative liability upon the expiry of two months from the date of an administrative offense detection.
For performance of a transaction with money and (or) other property that entailed the legalization (laundering) of proceeds from crime, a legal entity is subject to administrative liability no later than three years from the date of an administrative offense committal.
4. The provisions of part 1 and 3 of the Article do not apply to cases where an administrative offense contributed to the committal of a criminal offense and this became known during the investigation or court hearing. Pursuant to the procedure provided for in part one of Article 405 of the Criminal Procedure Code of the Republic of Kazakhstan, the court has the right to impose an administrative penalty on a person guilty of such an offense if no more than one year has passed since an administrative offense committal.
5. The term for imposing an administrative penalty for an administrative offense shall be suspended from the moment of appointment of an expert examination; for the period of consideration of prosecutor's supervision acts; during issuance of a ruling on the bringing of a person in respect of whom proceedings are underway, as well as when sending the case to a court or an official of a government agency authorized to consider administrative offense cases.
The calculation of the term is resumed from the moment of receipt of examination results; from the date of making a decision on the prosecutor's supervision act, as well as upon actual delivery of a person brought to administrative liability to a body (to an official) enforcing an arrest.
The total period of taking into custody may not exceed more than one month.
6. In case of termination of a criminal case, if there are signs of an administrative offense in the actions of an offender, a person may be brought to administrative liability no later than three months from the date of getting a decision to terminate it.
7. The term for imposing a penalty for an administrative offense is ceased if, prior to expiration of the terms specified in parts one and three of the Article, a person commits a new administrative offense. The calculation of the term in these cases begins from the moment a new administrative offense is detected.
8. The ruling of a judge or an authorized body on termination of administrative proceedings, regardless of the period provided for in part one of this Article, may be reviewed on the proposal of the Chairman of the Supreme Court, the Chairman of the judicial board under the Supreme Court, the prosecutor's protest submitted within a year from the date of its entry into force.
Note. An offense is recognized as lasting one when characterized by the continuous execution of similar certain act provided for in the article of the Special Part of this section, and which has not been completed by the time of its discovery.
Chapter 9. ADMINISTRATIVE LIABILITY OF THE UNDER-AGE
Article 65. Administrative liability of the under-age
1. Under the chapter, the under-age are persons who, at the time of an administrative offense committal, had turned sixteen but had not yet turned eighteen years old.
2. An administrative penalty involving educational influence measures may be imposed on a minor who has committed an administrative offense.
Article 66. Aspects of administrative penalties imposition to the under-age
1. The amount of an administrative fine imposed on an under-age may not exceed ten monthly calculation indices, regardless of the amount of the fine provided for in the article of the Special Part of this section.
If an under-age does not have sufficient funds to make a payment for the fine, the fine is imposed on the parents or persons replacing them.
2. Deprivation of a special right may be imposed on the under-age for a period not exceeding one year.
3. Other types of administrative penalties (except for an administrative arrest), as well as administrative and legal measures specified in Articles 41 and 52 of this Code, are applied to the under-age on the general grounds.
Chapter 38. PARTICIPANTS IN THE PROCEEDINGS ON ADMINISTRATIVE OFFENSES, THEIR RIGHTS AND OBLIGATIONS
Article 744. A person in respect of whom an administrative offense proceedings are being conducted
1. A person in respect of whom an administrative offense proceedings are being conducted has the right to familiarize with the protocol and other case materials, provide explanations, comment on the content of the protocol, present evidence, submit petitions, including for immediate consideration of the case in court and the immediate entry of a ruling on an administrative offense into force to use legal force and recusals; to use the legal assistance of a defender; to speak in his/her native language or the language he/she speaks when considering the case, and to use the free-of-charge services of an interpreter if s/he does not speak the language in which the proceedings are conducted; to file a complaint against application of measures to ensure the proceedings in the case, for violation of the law when drawing up a protocol on an administrative offense in case of specifying information that does not correspond to the actual data and circumstances as well as against the order on the need to pay a fine and the decision on the case; to request extracts and make copies of the documents available in the case, as well as to use other procedural rights granted under this Code.
2. An administrative offense case is considered with participation of the person against whom the proceedings on an administrative offense case are being conducted. The participation of a person in respect of whom the proceedings are being conducted in court may be carried out using technological means. In the absence of a specified person, the case may be considered only if an administrative offense is recorded by certified special control and measuring technical means and devices operating in automatic mode, or in case if a person was properly notified on the place and time of case consideration and has not requested postponement of case consideration.
3. When considering an administrative offense committed by a person under the age of eighteen, or the committal of which entails an administrative penalty in the form of an administrative arrest, as well as administrative expulsion from the Republic of Kazakhstan of a foreigner or a stateless person or deprivation of a special right (except for the right to drive vehicles) granted to a person, the presence of a person being brought to administrative responsibility is mandatory.
4. In case if the persons referred to in part three of this article in respect of whom an an administrative offense case is considered fail to appear on the call of a judge or body (official) considering an administrative offense case, such persons may be subjected to be taken into custody.
The court's ruling on the custody is executed by a bailiff or an internal affairs body, and selection of a body (official) which will consider an administrative offense case is carried out by an internal affairs body (police).
5. An under-age in respect of whom an administrative offense proceedings are being conducted may be removed during a case consideration, if a discussion may adversely affect him/her.
Chapter 40. ADOPTION OF MEASURES TO ENSURE THE PROCEEDINGS IN ADMINISTRATIVE OFFENSE CASES
Article 785. Measures to ensure the proceedings in administrative offense cases
1. In order to suppress an administrative offense, to establish an identity of a suspect, to draw up an administrative offense protocol if it was not drawn up at the place of an administrative offense committal, to ensure timely and correct consideration of a case and execution of the decision adopted in the case, to prevent an immediate threat to human life or health or a threat of an accident or man-made disasters, an authorized official has the right, within the limits of his/her powers, to apply the following measures to ensure the proceedings in an administrative offense case against an individual:
1) delivery to the place of an administrative offense protocol draw-up;
2) administrative detention of an individual;
3) bringing into custody;
4) body search and inspection of things that are with an individual;
5) inspection of vehicles, small vessels;
6) seizure of documents, things and goods;
7) suspension from driving a vehicle or a small vessel and a driver`s examination for alcohol, drug or inhalant intoxication;
8) detention and prohibition of driving a vehicle or small vessel;
9) inspection;
10) medical examination of an individual for alcohol, drug or inhalant intoxication;
11) suspension or prohibition of activities or certain types of activities in accordance with Article 48 of this Code.
2. The following measures may be applied to a legal entity to ensure the proceedings in an administrative offense case:
1) inspection of premises owned by a legal entity, territories, goods, vehicles and other property located there, as well as relevant documents;
2) seizure of documents belonging to a legal entity;
3) seizure of goods, vehicles and other property belonging to a legal entity;
4) suspension or prohibition of activities or certain types of activities in accordance with Article 48 of this Code.
3. Measures to ensure the proceedings in an administrative offense case may be applied prior to initiation of an administrative offense case (except for body search, inspection of things that are with an individual) during the proceedings, as well as at the stage of executing the decision in an administrative offense case.
4. Each of the measures listed in parts one and two of this Article to ensure the proceedings in an administrative offense case may be applied separately or simultaneously along with other measures, if necessary.
5. An official is responsible for the damage caused by the illegal application of measures to ensure the proceedings in an administrative offense case.
6. The application of measures to ensure the proceedings in an administrative offense case may be appealed in accordance with the procedure provided for in Chapter 44 of this Code.
At the request of an individual or a representative of a legal entity, copies of the relevant protocols and other materials necessary to ensure the protection of the rights and legitimate interests of a person against whom the measures to ensure the proceedings have been applied are immediately handed over to him/her.
Chapter 41. INITIATION OF ADMINISTRATIVE OFFENSE CASES
Article 802. Reasons and grounds for initiating an administrative offense case
1. The reasons for initiating an administrative offense case can be as follows:
1) actual reveal by an authorized official of the fact of committing an administrative offense, taking into account the provisions of part three of this article;
2) materials received from law-enforcement agencies, as well as other government agencies, local authorities;
3) communications or statements by individuals and legal entities, as well as media reports;
4) indications of special automated measuring instruments, as well as certified special control and measuring technical means and monitoring devices, including those operating in automatic mode and recording the commission of an administrative offense in the field of motor transport and road safety through photo and video filming of a traffic situation, determining the speed and direction of vehicle movement and actions of other traffic participants;
5) indications of control and measuring equipment and (or) means of radio engineering control.
2. The grounds for initiating an administrative offense case is the availability of sufficient data indicating signs of an administrative offense in the absence of circumstances precluding the proceedings provided for in Article 741 of this Code.
3. The grounds for initiating an administrative offense case in accordance with subclause 1) of part one of this article in relation to the subject of control and supervision is the result of an inspection conducted in accordance with the procedure established by the Entrepreneurial Code of the Republic of Kazakhstan, as well as the result of preventive control and supervision with a visit to a subject (object) of
control and supervision in cases provided for in part three of clause 3 of Article 137 of the Entrepreneurial Code of the Republic of Kazakhstan.
This part does not apply to cases of detecting the signs of an administrative offense in the exercise of control and supervision in the areas provided for in clauses 4 and 5 of Article 129 and clauses 3 and 5 of Article 140 of the Entrepreneurial Code of the Republic of Kazakhstan, as well as in the field of state statistics in the implementation of preventive control without visiting respondents.
4. An administrative offense case shall be considered initiated from the moment of drawing up the first protocol on application of measures to ensure the proceedings in an administrative offense case provided for in Article 785 of this Code, drawing up a protocol on an administrative offense or making a decision by a prosecutor to initiate an administrative offense case, as well as declaring by a judge (court) the establishment of the fact of disrespect to the court on the part of a person present in the process during the trial.
If an administrative offense is recorded by certified special control and measuring technical means and devices operating in automatic mode, an administrative offense case is considered initiated from the moment of sending an order on the need to pay a fine in accordance with the procedure provided for in Article 743 of this Code, and when committing administrative offenses which are considered by state revenue bodies, an administrative offense case is considered initiated from the moment of proper delivery of the notification.
Chapter 42. CURTAILED PROCEEDINGS IN AN ADMINISTRATIVE OFFENSE CASE
Article 810. The grounds for curtailed proceedings in an administrative offense case are as follows
1. Curtailed proceedings shall be carried out in cases of administrative offenses, including cases referred to the jurisdiction of the court, for which an administrative penalty in the form of a fine is provided in accordance with clause one of part one of Article 44, and the person who committed it is identified and recognizes the fact of its commission and agrees to make a payment of a fine in the amount of fifty percent of the the article of the Special Part of this Code specified in the sanction and does not appeal against the evidence presented.
2.Curtailed proceedings in the case of an administrative offense shall not be applied in the following cases:
1) when the sanction of the article provides for other types of penalties, except for a warning;
3) committal of an offense by persons with privileges and immunity;
4) committal of administrative offenses which are considered by the state revenue authorities;
5) committal of administrative offenses which are considered by the National Bank of the Republic of Kazakhstan and an authorized body for regulation, control and supervision of the financial market and financial organizations, as well as in the case of drawing up protocols on administrative offenses by authorized employees of the National Bank of the Republic of Kazakhstan and an authorized body for regulation, control and supervision of the financial market and financial organizations specified in parts two and 2-1 of Article 804 of this Code.
Article 811. The procedure for curtailed proceedings in case of an administrative offense
1. Upon detection of an administrative offense and identification of a person who committed it, an authorized person specified in Articles 804 or 805 of this Code shall initiate administrative proceedings and notify a person on the right to make a payment of a fine in the amount of 50% from a total amount specified in the sanction of the article of the Special Part of this Code within seven days and, if necessary, hand over a receipt in the established form.
If an administrative offense is recorded by certified special control and measuring equipment and devices operating in automatic mode, a person has the right to male a payment of a fine in the amount of 50% from a total amount within seven days from the date of proper delivery of an order on the need to make a payment of a fine with obtainment of a receipt in the established form.
Note by Legislation and Legal Information Institute!
See Regulatory resolution of the Constitutional Court of the Republic of Kazakhstan as of April 28, 2023, No. 12.
2. In case if fine in the amount of 50% is paid within 7 days, a case is deemed to be considered, decision is deemed to come into effect and an individual is deemed to be penalized for an administrative offence.
Cases considered under the rules of this Chapter are not subject to review, except in cases provided for in Chapter 47 of this Code.
3. In case of non-use or improper use of the right provided for in the first part of this article, administrative offense proceedings shall be carried out in accordance with the standard procedure.
