LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2017 No. 127-VI ZRK

About modification and amendments in the Code of the Republic of Kazakhstan about administrative offenses

Article 1. Make the following changes and additions to the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145,146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56):

1) in table of contents:

to state heading of Article 31 in the following edition:

"Article 31. Features of the administrative responsibility when fixing offense the certified special control and measuring technical means and devices";

add with heading of Article 64-1 of the following content:

"Article 64-1. Release from the administrative responsibility in case of insignificance of offense";

to state heading of Article 91 in the following edition:

"Article 91. Violation of the law of the Republic of Kazakhstan about provision of pensions, and also non-execution of obligations on payment of public welfare payments";

to exclude heading of Article 188;

232, of 256, of 260, 280-1, 283, of 287, of 308, 360 and 418 to state headings of Articles in the following edition:

"Article 232. Failure to carry out of obligation according to the notification, and equally untimely notification of National Bank of the Republic of Kazakhstan on opening or the termination of activities of branches and (or) representative offices of the financial organizations";

"Article 256. Violation by the professional participant of the security market and other persons of requirements for provision of the reporting, information, data";

"Article 260. Violation by the professional participant of the security market of procedure, conditions and terms of registration of security transactions and (or) procedure for maintaining system of registers of security holders, systems of accounting of nominal continence and (or) violation of procedure, conditions and terms of confirmation of the rights on securities";

"Article 280-1. Violation of procedure for the statement of invoices, and also violation of system of accounting of movement of the goods included in the list";

"Article 283. Abuse of regulations of marking (remarking) of alcoholic products, except for wine material, beer and beer drink, accounting and control brands and tobacco products excise stamps";

"Article 287. Non-execution of the obligations established by the tax legislation of the Republic of Kazakhstan, taxpayers during the exporting and commodity import, performance of works, rendering services in the Eurasian Economic Union and also failure to carry out by persons of the requirements established by the legislation of the Republic of Kazakhstan";

"Article 308. Damage of oil pipelines, gas pipelines and their equipment";

"Article 360. Illegal construction on the water protection zones and strips of water objects, and also illegal change of natural bed of the river";

"Article 418. Violation of the national standards shown to National Flag of the Republic of Kazakhstan and the State Emblem of the Republic of Kazakhstan";

to exclude heading of Article 467;

to state headings of Articles 479 and 558 in the following edition:

"Article 479. Not message on the taken measures and (or) rejection of measures for elimination of the reasons and conditions promoting making of offense";

"Article 558. Failure to meet requirements of bodies of state revenues of the Republic of Kazakhstan in the field of customs affairs";

add with heading of Article 571-1 of the following content:

"Article 571-1. Non-presentation of commodity-transport delivery note by carrier (the act of measurement or weighing), the route sheet when implementing transportations by road transport";

to exclude heading of Article 574;

583, of 592, 593 and 602 to state headings of Articles in the following edition:

"Article 583. Abuse of regulations of in-land navigation";

"Article 592. Exceeding of the established movement speed

Article 593. Non-compliance with requirements for transportation of the passengers and loads, to use of seat belts or crash helmets provided by traffic regulations";

"Article 602. Violation by transport drivers of instructions for use external light devices and (or) sound signals, use of the alarm system";

to exclude heading of Article 609;

to state headings of Articles 610 and 618 in the following edition:

"Article 610. The violation by transport drivers of traffic regulations which entailed damnification to human health, damage of vehicles or other property";

"Article 618. Recognition or issue of the certificates or other documents confirming compliance of vehicles in defiance of the established regulations in the field of providing requirements to safety of vehicles";

add with heading of Article 619-1 of the following content:

"Article 619-1. The admission to vehicle control of the driver who is in state of intoxication";

to state heading of Article 624 in the following edition:

"Article 624. Abuse of regulations of the organization of sale of travel documents (tickets) on rail transport";

add with heading of Article 690-1 of the following content:

"Article 690-1. Authorized body in the field of use of atomic energy";

to state headings of Articles 706 and 747 in the following edition:

"Article 706. Authorized body in the field of regulation of the grain market and seed farmings";

"Article 747. Representatives of the individual entrepreneur, legal entity";

add with heading of Article 759-1 of the following content:

"Article 759-1. Court session secretary";

to state heading of Chapter 43 in the following edition:

"Chapter 43. Hearing of cases about administrative offenses authorized bodies (officials)";

814, 815 and 816 to state headings of Articles in the following edition:

"Article 814. The circumstances excluding possibility of consideration of the case about administrative offense by the official

Article 815. Rejection and removal of the official

Article 816. The decision of body (official) made by preparation for consideration of the case on administrative offense";

to exclude headings of Articles 820 and 820-1;

add with heading of Article 822-1 of the following content:

"Article 822-1. The instruction about need of payment of penalty and procedure for its direction";

to state heading of Article 826 in the following edition:

"Article 826. Private representation";

add with heading of Chapter 43-1 of the following content:

"Chapter 43-1. Procedure for appeal, protest of the resolutions which did not take legal effect on cases on administrative offenses in higher body (official), instructions about need of payment of penalty";

add with headings of Articles 826-1, 826-2, 826-3, 826-4 and 826-5 of the following content:

"Article 826-1. The right to appeal of the resolution on the case of administrative offense, instructions about need of payment of penalty

Article 826-2. Procedure and terms of appeal, protest of the resolution on the case of administrative offense, instructions about need of payment of penalty

Article 826-3. Consideration of the claim, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty

Article 826-4. The decision according to the claim, protest to the resolution on the case of administrative offense, the instruction about need of payment of penalty and its announcement

Article 826-5. Cancellation or change of the resolution on the case of administrative offense or cancellation of the instruction about need of payment of penalty";

to state heading of Chapter 44 in the following edition:

"Chapter 44. Appeal of actions (failure to act) and decisions of body (official) performing proceeedings about administrative offense";

add with heading of Chapter 44-1 of the following content:

"Chapter 44-1. Hearing of cases about administrative offenses courts, appeal, protest in court of resolutions on cases on administrative offenses, instructions about need of payment of penalty, resolutions of higher body (official) according to the claim, protest";

add with headings of Articles 829-1, 829-2, 829-3, 829-4, 829-5, 829-6, 829-7, 829-8, 829-9, 829-10, 829-11, 829-12, 829-13, 829-14, 829-15, 829-16, 829-17, 829-18 and 829-19 of the following content:

"Article 829-1. The place of consideration of the case about administrative offense court

Article 829-2. The right to appeal, protest of the resolution on the case of administrative offense, instructions about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-3. Procedure for appeal, protest of the resolution on the case of administrative offense, instructions about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-4. Terms of appeal, protest of the resolution on the case of administrative offense, instructions about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-5. Terms of consideration of the case about administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-6. Preparation for consideration of the case about administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-7. The circumstances excluding possibility of consideration by court of case on administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-8. Rejection and removal of the judge

Article 829-9. The judgment made by preparation for consideration of the case on administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-10. Procedure for consideration of the case about administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-11. The circumstances which are subject to examination when considering the case about administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-12. Protocol of judicial session

Article 829-13. Fixation of judicial session by means audio-, videos

Article 829-14. The decisions made by results of consideration of the case on administrative offense, claims, protest on the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-15. Cancellation or change of the resolution on the case of administrative offense according to the claim, protest, resolutions of higher body according to the claim, protest or cancellation of the instruction about need of payment of penalty

Article 829-16. Announcement of the resolution by results of consideration of the case on administrative offense, according to the claim, protest to the resolution on the case of administrative offense, the instruction about need of payment of penalty, the resolution of higher body (official) according to the claim, protest

Article 829-17. The determination on the case of administrative offense which is taken out by court

Article 829-18. Correction of slips, typographical errors and arithmetic mistakes by court

Article 829-19. Private resolution";

to state heading of Chapter 45 in the following edition:

"Chapter 45. Review of the resolutions of courts which did not take legal effect in appeal procedure";

830, of 831, of 832, of 833, of 834, of 835, of 836, of 837, of 838, of 839, of 840, 841 and 846 to state headings of Articles in the following edition:

"Article 830. Right of appeal, bringing of the appeal petition by the prosecutor to the court order

Article 831. Procedure for appeal, review according to the appeal petition of the prosecutor on the court order

Article 832. The term of appeal, bringing of the appeal petition by the prosecutor on the court order

Article 833. Contents of the claim, appeal petition of the prosecutor

Article 834. Suspension of execution of the resolution in connection with submission of the claim or bringing of the appeal petition of the prosecutor

Article 835. Terms of consideration of the claim, appeal petition of the prosecutor to the court order

Article 836. Individual consideration by the judge of the claim, appeal petition of the prosecutor to the court order

Article 837. Preparation for consideration of the claim, appeal petition of the prosecutor to the court order

Article 838. Consideration of the claim, appeal petition of the prosecutor to the court order

Article 839. The decision according to the claim, the appeal petition of the prosecutor to the court order

Article 840. The bases to cancellation or change of the court order

Article 841. Discrepancy of conclusions of the judge about the actual facts of the case stated in the court order, to the proofs researched by consideration of the claim, appeal petition of the prosecutor";

"Article 846. Announcement of the resolution according to the claim, the appeal petition of the prosecutor to the court order";

to state headings of Chapters 46 and 47 in the following edition:

"Chapter 46. Review of the resolutions of courts which took legal effect in cassation procedure

Chapter 47. Review of the resolutions which took legal effect on cases on administrative offenses, instructions about need of payment of penalty and resolutions by results of consideration of claims, appeal petitions, the prosecutor's protests on them on newly discovered facts";

853, of 857, of 883, of 884, of 885, of 886, of 887, 890, 892, 893, 894 and 896 to state headings of Articles to the 888th in the following edition:

"Article 853. Courts, authorized bodies (officials) reviewing on resolution newly discovered facts on cases on administrative offenses, instructions about need of payment of penalty and the resolution by results of consideration of claims, protests on them";

"Article 857. Return of the statement for review of the resolution, instruction on need of payment of penalty on newly discovered facts";

"Article 883. The introduction of the resolution on the case of administrative offense, instructions about need of payment of penalty in legal force

Article 884. Obligation of the resolution on imposing of administrative punishment, the instruction about need of payment of penalty

Article 885. The circulation of the resolution on imposing of administrative punishment, the instruction about need of payment of penalty to execution

Article 886. Carrying out of the resolution on imposing of administrative punishment, the instruction about need of payment of penalty

Article 887. Permission of the questions connected with execution of the resolution on imposing of administrative punishment, the instruction about need of payment of penalty

Article 888. Delay and extension of the deadline for executing the resolution on imposing of administrative punishment, the instruction about need of payment of penalty";

"Article 890. Prescription of execution of the resolution on the case of administrative offense, instructions about need of payment of penalty";

"Article 892. Execution of the resolution on imposing of administrative punishment in the form of the prevention

Article 893. Voluntary execution of the resolution on imposing of penalty, the instruction about need of payment of penalty

Article 894. Forced execution of the resolution on imposing of penalty on physical person, the individual entrepreneur, the private notary, the private legal executive and the lawyer, instructions about need of payment of penalty";

"Article 896. Procedure for the direction of the resolution on imposing of penalty, the instruction about need of payment of penalty on forced execution";

add with heading of Article 910-1 of the following content:

"Article 910-1. Termination of the resolution on suspension of action of permission (its separate subspecies), and also resolutions on suspension of operations or its separate types";

Part one of Article 10 to state 2) in the following edition:

"1. Person against whom proceedings on administrative offense are initiated is considered innocent until his guilt is proved in the procedure provided by this Code and is established by the judge's ruling which took legal effect, body (official) who considered case within the powers.

In case of consideration of the case about administrative offense according to the procedure of the reduced production, and also according to the instruction about need of payment of penalty person against whom proceedings on administrative offense are initiated is considered innocent until the introduction in legal force of the relevant decision.";

The word "twice" to replace 3) in Article 12 with the word "repeatedly";

Heading and part one of Article 31 to state 4) in the following edition:

"Article 31. Features of the administrative responsibility when fixing offense the certified special control and measuring technical means and devices

1. When fixing administrative offense the certified special control and measuring technical means and devices working in the automatic mode to the administrative responsibility for administrative offenses in the field of traffic bring owners (owners) of vehicles.";

Shall be replaced with words 5) in part two of Article 32 of the word "in the field of protection of the state secrets" "about the state secrets";

6) in Article 33:

third to state part in the following edition:

"3. The structural divisions of the legal entity which made administrative offenses and being independent taxpayers (except for the financial organizations), bear the administrative responsibility as legal entities.";

add with the note of the following content:

"Note. For the purposes of of this Code individual entrepreneurs and legal entities bear the administrative responsibility as subjects of entrepreneurship.";

Article 43 to state 7) in the following edition:

"Article 43. Prevention

1. The prevention consists in official giving by court, body (official), representative to impose administrative punishment, negative assessment of committed offense and caution of physical person or legal entity about inadmissibility of delinquent behavior. The warning is issued in writing.

2. In the absence of circumstances, stipulated in Article 57 and the note to article 366 of this Code, the court (judge), the body (official) imposing administrative punishment shall apply the prevention provided by the relevant article of the Special part of this Code.";

8) the paragraph one of part two of Article 44 to state in the following edition:

"2. The size of the penalty imposed on physical person cannot exceed two hundred monthly settlement indicators.";

9) in Article 47:

state part one in the following edition:

"1. Deprivation of permission or suspension of its action is applied for the administrative offense made when implementing activities or making certain actions (transactions) provided by permission.";

add with part of 1-1 following content:

"1-1. Deprivation of permission is imposed by the judge taking into account provisions of parts three, the fourth and fifth this Article.";

the second to state part in the following edition:

"2. The term of suspension of action of permission cannot be less than one and more than six months.";

add with part seven of the following content:

"7. If activities when which implementing the administrative offense is made are subspecies of the licensed type of activity, administrative punishment in the form of deprivation or suspension of permission is applied only to specific subspecies of the licensed type of activity.";

state the note in the following edition:

"Note. For the purposes of of this Code deprivation of permission, suspension of its action is understood as deprivation of the license for implementation of the licensed type of activity or its subspecies, special permission, the competence certificate (certificate), or suspension of her (his) action on certain type or subspecies of activities, or making of certain action, and also other allowing document provided by the Law of the Republic of Kazakhstan "About permissions and notifications".";

Part the second Article 50 to state 10) in the following edition:

"2. Administrative detention cannot be applied to the expectant mothers and women having children aged up to fourteen years, to persons which did not reach eighteen-year age, to disabled people of 1 and 2 groups, and also women at the age of over fifty eight years, men are over sixty three years old and to the men alone raising children who did not reach fourteen-year age.";

Article 53 to state 11) in the following edition:

"Article 53. Examination of traffic regulations

1. The transport drivers who made the offenses provided by Articles 594 (part four), 596 (part four), 598 (part three), 599 (part two), 600 (part two) of this Code go for passing an examination for check of knowledge of traffic regulations.

2. The decree on the direction on check of knowledge of traffic regulations is issued by bodies (officials), representatives to consider cases on the administrative offenses provided by the specified Articles of this Code.";

Part third of Article 58 to state 12) in the following edition:

"3. If administrative penalties are expressed as a percentage, in case of their imposing for making of several administrative offenses the penalty is collected for each administrative offense separately.";

To exclude 13) in Article 61 of the word of "the resolution on imposing";

14) in Article 62:

in the paragraph the second the word of "five" to replace parts three with the word of "three";

the fifth to state part in the following edition:

"5. The current of term of imposing of administrative punishment for administrative offense stops from the moment of purpose of examination, removal of determination about the drive of person concerning which proceeedings are conducted, and also the directions of case in court or to the official of state body, authorized to consider cases on administrative offenses.

Calculation of these terms is resumed from the moment of receipt of results of examination, case on administrative offense by court or the official of state body, the representative to consider it according to this Code, and also the actual delivery of person brought to the administrative responsibility in the body (to the official) performing determination about the drive.

Aggregate term of the drive cannot exceed more than one month.";

To add 15) with Article 64-1 of the following content:

"Article 64-1. Release from the administrative responsibility in case of insignificance of offense

In case of insignificance of committed administrative offense the judge, body (official), the representative to consider cases on administrative offenses, can exempt person who made administrative offense from the administrative responsibility, having limited to the oral note.

Note. In case of the solution of question of release of person from the administrative responsibility on the basis specified in this Article specific circumstances of making of administrative offense, including the identity of the offender, and also subject to encroachment, and with harm - its size are considered.";

16) in Article 69:

2) parts one to exclude the subitem;

the third and fourth to state parts in the following edition:

"3. The term of application of the measure of educational impact provided by the subitem 4) of part one of this Article is established lasting from three up to six months.

4. In case of systematic non-execution by the minor of the measure of educational impact provided by the subitem 4) of part one of this Article, law-enforcement bodies bring materials into court for the solution of question of cancellation of this measure and involvement of the minor to the administrative responsibility if the prescriptive limit established by part one of article 890 of this Code did not expire.";

Part the second Article 70 to exclude 17);

18) in Article 74:

to state paragraph two of part one in the following edition:

"attract penalty in the amount of fifteen monthly settlement indicators.";

to state paragraph two of part two in the following edition:

"attract penalty in the amount of thirty monthly settlement indicators.";

19) in Article 75:

to state paragraph two of part one in the following edition:

"attracts the prevention or penalty in the amount of ten monthly settlement indicators.";

to state paragraph two of part two in the following edition:

"attract penalty in the amount of twenty monthly settlement indicators.";

to state paragraph two of part four in the following edition:

"attracts penalty on officials, small business entities or non-profit organizations in the amount of five, on subjects of medium business - in the amount of ten, on subjects of big business - in the amount of twenty five monthly settlement indicators.";

to state paragraph two of part five in the following edition:

"attract penalty on officials in the amount of ten monthly settlement indicators.";

to state paragraph two of part six in the following edition:

"attract penalty in the amount of twenty monthly settlement indicators.";

Article 76 to state 20) in the following edition:

"Article 76. Restriction of the right of free movement and choice of the residence

1. Action (failure to act) of officials limiting the right of physical persons to freedom of travel and the choice of the residence (except for border areas, prohibited areas in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and forbidden areas in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and certain areas in which restrictions by the Government of the Republic of Kazakhstan can be set) if this action (failure to act) does not contain signs of penal act,

attracts penalty in the amount of fifteen monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty in the amount of thirty monthly settlement indicators.";

21) in Article 78:

to state paragraph two of part one in the following edition:

"attract penalty on officials in the amount of fifteen monthly settlement indicators.";

to state paragraph two of part two in the following edition:

"attracts penalty in the amount of fifty monthly settlement indicators.";

First and third Article 79 to state 22) to part in the following edition:

"1. Illegal collection and (or) processing of personal data if these acts do not contain signs of penal act,

attract penalty on physical persons in the amount of ten, on officials, private notaries, private legal executives, lawyers, small business entities or non-profit organizations - in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of seventy monthly settlement indicators, with confiscation of objects and (or) tools of administrative offense or without that.";

"3. Non-compliance by the owner, operator or the third party of measures for personal data protection if this act does not contain signs of penal act,

attracts penalty on physical persons in the amount of fifty, on officials, small business entities or non-profit organizations - in the amount of hundred, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.";

23) in Article 80:

to state paragraph two of part one in the following edition:

"attract penalty on physical persons in the amount of five, on officials - in the amount of ten, on small business entities and non-profit organizations - in the amount of twenty five, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of forty monthly settlement indicators.";

to state paragraph two of part two in the following edition:

"attract penalty on physical persons in the amount of ten, on officials - in the amount of twenty, on small business entities and non-profit organizations - in the amount of fifty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of eighty monthly settlement indicators.";

to state paragraph two of part three in the following edition:

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