NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of October 6, 2017 No. 7

About some questions of application by courts of regulations of the Special part Kodeksa of the Republic of Kazakhstan of administrative offenses

Proceeding from results of generalization of court practice, for the purpose of ensuring unity of practice of application by courts of regulations of the Special part Kodeksa of the Republic of Kazakhstan about administrative offenses, and also considering the questions arising at courts by hearing of cases about administrative offenses, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.

1. Explain to courts what put about administrative offenses, stipulated in Article 73 Codes of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), are initiated as according to the statement of the injured persons listed in the Note to this Article and under the circumstances specified in subitems 1), 2), 3) to part one of the article 802 Administrative Code. Making by the offender in the individual apartment house (including the yard or personal plot), the apartment or other dwelling of any of the actions listed in this Article shall express disrespect for the faces consisting with the offender in the home relations and to break their tranquility. The acts described in the dispositions of this Article made concerning persons which are not corresponding to the signs listed in the Note to this Article (for example, having to the offender distant relatives or cousins-in-laws, that is close relatives from the spouse, but living separately from the offender), it is necessary to qualify under the relevant articles Administrative Code and the Criminal Code of Kazakhstan (further - UK) providing responsibility for offenses against the personality. The same acts which are intruding upon leisure of any persons which are outside the rooms specified in this Article (for example, on landings, at entrances of apartment apartment houses), expressing disrespect for them do not attract responsibility under the article 73 Administrative Code.

2. Responsibility of parents or other legal representatives of minors under the article 127 Administrative Code comes in case of violation of obligation by them on education and (or) education, protection of the rights and (or) interests, measures for safety of minor children, and also for care of them and content of minor children which is assigned to these persons owing to provisions of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family", for example, training of the child in rules of conduct in life, in public places, acquaintance with moral and ethical principles of society. For violation by the same persons of the obligations following from article 49 of the Law of the Republic of Kazakhstan of July 27, 2007 No. 319-III "About education", for example, for failure to provide of preschool preparation or systematic omissions of studies without valid excuse responsibility comes on part two of the article 409 Administrative Code.

3. Some articles Administrative Code contain the parts strengthening responsibility for making of the illegal actions stated in the previous parts: the increased penalty size, additional collection. At the same time such additional penalties as suspension or prohibition of activities or separate types of activity, and suspension of action or deprivation of the license for the corresponding type of activity is equal shall be applied to persons having the corresponding permission to implementation of such activities. Workers of the subjects of entrepreneurship performing the activities requiring special permission can be subjects of such offenses only in cases if the act provided by the Special part the Administrative Code was not authorized, approved, made by body, person performing management functions by the legal entity the, or worker of the individual entrepreneur and the legal entity performing organizational and administrative or administrative economic functions. At the same time, considering

civil effects for the employer of any transactions and delicts made by the worker in case of execution of labor obligations, such approval, authorization it is necessary to consider established based on availability of employment relationships (including in the absence of proper registration of employment relationships - upon the admission to execution of labor obligations), other is not proved yet.

By consideration by courts of cases on administrative offenses on the article 132 Administrative Code courts should be guided by part four of the article 33 Administrative Code according to which administrative prosecution of individual entrepreneurs and legal entities exempts from the administrative responsibility for this offense of the worker of the individual entrepreneur and legal entity. When making this offense by physical person worker of the individual entrepreneur or legal entity the subject of business activity - the employer of such worker to whom the administrative punishment provided by the sanction of part two of this Article in the form of suspension of operations or separate types of activity can be applied is subject to administrative prosecution.

In the same procedure questions of purpose of collection on cases on the administrative offenses made by workers of the subject of entrepreneurship on workplace in case of execution of labor obligations on Articles of the Special part the Administrative Code which sanction provides suspension or prohibition of activities or separate types of activity are subject to permission, and suspension of action or deprivation of the license for the corresponding type of activity is equal.

When making such offenses the physical persons realizing the activities only on its own behalf, but not in connection with accomplishment of labor obligations, such faces are subject to responsibility independently. Application of additional collection to these physical persons is obligatory according to Item 8 of the normative resolution of the Supreme Court of the Republic of Kazakhstan of December 22, 2016 for No. 12 "About some questions of application by courts of regulations of the General part of the Code of the Republic of Kazakhstan of administrative offenses". In cases when implementation of such activities requires license availability, these physical persons are subject to accountability in addition on part one of the article 463 Administrative Code.

4. Illegal intervention of officials of the state bodies performing supervising and control functions and also local executive bodies in activities of individual entrepreneurs, legal entities by the edition of the illegal acts and making the illegal orders interfering their business activity according to the article 173 Administrative Code is administrative offense.

Courts by hearing of cases about administrative offenses under the article 173 Administrative Code should consider that cancellation of resolutions on cases on administrative offenses concerning subjects of entrepreneurship demonstrates illegal attraction them to the administrative responsibility and can entail the effects provided by the law. However only one such cancellation is not enough for availability in actions of bodies (officials) who issued the repealed decrees, offense signs, the stipulated in Article 173 Administrative Code. The official execution of job responsibilities by it cannot be blamed in case of failure of evidence of illegal intervention in business activity.

Illegal intervention of officials of state bodies can be expressed in exceeding of the power or abuse of ex-officio full powers. Illegal intervention is followed by pronouncement of the act, making the order or making of other action which are acknowledged afterwards illegal in accordance with the established procedure.

5.  No. 4 is excluded according to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of 31.05.2019

6. No. 7 is excluded according to Normative the Resolution of the Supreme Court of the Republic of Kazakhstan of 29.11.2024

7. The sanction of part five of the article 281 Administrative Code provides additional administrative punishment in the form of confiscation of oil products, the tobacco products which are direct objects of making of administrative offense, and (or) income gained owing to making of offense or without that. In case of decision making about application of this additional collection and in the absence of opportunity to confiscate oil products or tobacco products it is necessary to turn confiscation on the income from their realization in the amount of, established by authorized body during pre-judicial proceeedings.

8. Turnover and movement of the self-made alcohol-containing drinks which are not corresponding to state standard specification in plastic or tin container or without labels, and it is equal without accompanying waybills, does not attract responsibility on part three of the article 282 Administrative Code.

According to article 5 of the Law of the Republic of Kazakhstan of July 16, 1999 "About state regulation of production and turnover of ethyl alcohol and alcoholic products" (further - the Law) (in edition of the Law of the Republic of Kazakhstan of the December 30, 2020 397-VI enacted since January 1, 2024) types, categories, names and concepts of alcoholic products are determined No. 429-I according to the technical regulation.

The technical regulation of the Eurasian Economic Union "About safety of alcoholic products" (TR EEU 047/2018) accepted by the Decision of Council of the Eurasian economic commission of December 5, 2018 No. 98, becomes effective since July 1, 2025.

By Item 3 of article 11 of the Law of the Republic of Kazakhstan of April 6, 2016 No. 480-V "About legal acts" (further - the Law on legal acts) it is determined that before acceptance of additional regulatory legal act the regulatory legal acts governing the corresponding relations are effective.

Courts by hearing of cases about the administrative offenses connected with violation of the prohibitions established by the legislation on state regulation of production and turnover of ethyl alcohol and alcoholic products before entry into force of the technical regulation should be guided by the provisions of the law, acting before modification.

Sale of alcoholic products by persons unregistered as subjects of entrepreneurship, forms structure of the offense provided by part one of the article 463 Administrative Code for occupation business or other activity without license.

9. Change of the due dates for tax payment or other obligatory payments in the budget provided by the Tax code does not exempt from liability for earlier made offenses expressed in violation of such terms.

10. According to part one of Article 55 of the General part the Administrative Code administrative punishment for administrative offense is imposed in the limits provided in Article of the Special part of the Section for this administrative offense in strict accordance with provisions Administrative Code. By part six of the same Article for one administrative offense one basic or the main and additional administrative punishments can be imposed. That is general regulations of purpose of collection do not provide imposing more than one additional collection.

The sanction of the article 283 Administrative Code provides penalty with confiscation of the excise goods which were direct subject of offense and also with deprivation of the license for the corresponding type of activity. By hearing of cases under the article 283 Administrative Code courts should consider priority of regulations of the General part the Administrative Code over provisions of the Special part the Administrative Code and to motivate the choice of specific additional collection, proceeding from nature of offense and achieving the objectives specified in the article 40 Administrative Code.

11. The sanction of the article 314 Administrative Code provides additional collection in the form of suspension of the performed works. These disciplinary measures are subject to application according to the article 48 Administrative Code.

12. When making by the user of nature of offense, the stipulated in Article 328 Administrative Code, except for lack of ecological permission, its simultaneous accountability under the article 326 Administrative Code is inadmissible if failure to carry out of the conditions of environmental management specified in ecological permission was expressed only in exceeding of standard rates of issues to the environment. In case of involvement of the user of nature to the administrative responsibility under the article 328 Administrative Code for lack of ecological permission, unacceptably simultaneous administrative prosecution and under the article 326 Administrative Code.

13. The administrative responsibility provided by part one of the article 440 Administrative Code for emergence in public places in the state of intoxication offending human dignity and public morality comes as in case of alcoholic, and drug or inhalant intoxication. Court, bringing the perpetrator to the administrative responsibility under the article 440 Administrative Code shall identify whether the place of making of offense was public, according to its determination, (definition) of the Republic of Kazakhstan stated in Item 27 of the Order of the Attorney-General of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of a statement, the message or official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations.

The administrative responsibility provided by part two of the article 440 Administrative Code for drinking of alcoholic beverages by persons who did not reach eighteen years comes for making of such actions both in public, and in any other place.

The year established by part three of the same Article should be estimated from the date of the introduction in legal force of the previous resolution on imposing of administrative punishment on part one or the second article 440 Administrative Code.

14. The beginning of the term provided by part one of the article 460 Administrative Code according to article 9 of the Law of the Republic of Kazakhstan of July 26, 2007 No. 310-III "About state registration of the rights to real estate" is subject to calculation from the moment of occurrence of the dispositive fact which is the basis for emergence of the right to real estate (in particular, the notarial certificate of the agreement, judgment entry into force, receipt of other title document), in case of the actual availability and obtaining-faced from authorized bodies of the documents certifying subject to registration (for example, the identification document on the parcel of land), necessary and sufficient for submission of documents on state registration of the rights to real estate.

15. By hearing of cases about administrative offenses on part three of the article 462 Administrative Code concerning the organizations financed from the budget or their officials, courts should consider that accomplishment of legal requirements or instructions, representations, the resolutions issued by state control bodies and supervision (officials), officials of state bodies (for example, about elimination of violations of fire safety or the legislation on sanitary and epidemiologic wellbeing of the population), requires certain finance costs, and not always money, necessary for accomplishment of instructions, are available at the disposal of heads of data of organizations. Assignment by administrators of budget programs is integrated to need of approval of additional expenses at the session of the relevant maslikhats, announcements of public procurements of services.

Therefore concerning officials who took all measures depending on them for accomplishment of legal requirements of the instructions but which in general are not performed owing to circumstances including in view of lack of necessary financing proceeedings can be stopped owing to lack of fault.

In case of involvement of such officials to the administrative responsibility under this article Administrative Code it must be kept in mind that additional collection in the form of suspension of operations or separate types of activity according to part one of the article 48 Administrative Code is not applied to officials.

At the same time similar cases in the relation of legal entities under the same circumstances are not subject to the termination as according to part one of the article 25 Administrative Code illegal action or failure to act of the legal entity for which the Administrative Code the administrative responsibility is provided is administrative offense.

16. Owing to article 21 of the International Covenant on Civil and Political Rights (New York, on December 16, 1966, is ratified by the Law of the Republic of Kazakhstan of November 28, 2005 No. 91-III, became effective for the Republic of Kazakhstan on April 24, 2006) use of the recognized right to peaceful assemblies is not subject to any restrictions, except those which are imposed according to the law and which are necessary in democratic society for the benefit of the state or public security, public order, health protection and morality of the population or protection of the rights and freedoms of other persons. The same right is guaranteed by article 32 of the Constitution of the Republic of Kazakhstan (further - the Constitution).

The procedure for realization and condition of restriction of this right are established by the Law of the Republic of Kazakhstan of March 17, 1995 No. 2126 "About procedure for the organization and holding peaceful assemblies, meetings, processions, pickets and demonstrations in the Republic of Kazakhstan" which Article 8 is provided that meetings, meetings, processions, pickets and demonstrations shall be stopped certainly upon the demand of the representative of local executive body of the city of republican value, the capital, the area (the city of regional value) if: the application was not submitted, the solution on prohibition was, the procedure for their carrying out provided by Articles 4, 5 and 7 above-stated Laws is broken and also in case of danger to life and health of citizens, disorderly conduct.

The administrative responsibility of the participants of such public action who are not organizers provided by part one of the article 488 Administrative Code for participation in illegal meetings, meetings, processions, demonstrations or other public action comes after non-execution of the above-stated requirements of the representative of local executive body. Therefore by hearing of cases about administrative offenses under the article 488 Administrative Code courts need to research proofs of the actual statement of such requirement, its justification and legality, and also its non-execution by the participant of public action concerning which proceeedings about administrative offense are conducted.

Arguments about violation of pro-rata rule the requirement about the termination of meeting can be considered later in civil legal proceedings, but at the time of the statement of such requirement the representative of local executive body its competence is not subject to contest.

Before receipt of permission to holding mass action his organizer, and also other persons has no right to announce in mass media, the Internet or other information networks date, the place and time of its carrying out, to make and distribute for this purpose leaflets, posters and other similar materials. Violation of this requirement attracts responsibility of the organizer on part three of the article 488 Administrative Code for violation of procedure for the organization of public action.

17. Free of charge the state service in issue of the decision on approval of arrangement of rooms for holding religious actions outside cult buildings (constructions) does not exempt from liability according to the subitem 1) part one of the article 490 Administrative Code for holding such actions without relevant decision of the local executive body issued in the form of the letter approval on room arrangement.

18. By article 1 of the Agreement between the Republic of Kazakhstan and the Russian Federation about procedure for stay of citizens of the Republic of Kazakhstan in the territory of the Russian Federation and citizens of the Russian Federation in the territory of the Republic of Kazakhstan (Astana on June 7, 2012, it is ratified by the Law of the Republic of Kazakhstan of November 14, 2014 No. 250-V, became effective on January 23, 2015) it is determined that citizens of the Russian Federation in case of entrance on the territory of the Republic of Kazakhstan are exempted from registration obligation within 30 days from the date of entrance. In case of stay over 30 days, the specified citizens shall be registered in competent authorities of the Republic of Kazakhstan.

The administrative responsibility of the immigrant from the Russian Federation on part one of the article 517 Administrative Code comes in case of its stay in the Republic of Kazakhstan without registration in law-enforcement bodies for up to three days after the expiration of 30 days of stay in the territory of the Republic of Kazakhstan.

The same procedure is applied to immigrants from the countries with which the Republic of Kazakhstan has similar international agreements.

19. According to Item 9 of Rules of entrance and stay of immigrants in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan, accounting of immigrants is performed by law-enforcement bodies based on information of the accepting persons, and also Committee of homeland security of the Republic of Kazakhstan arriving from check points through Frontier of the Republic of Kazakhstan. The accepting persons inform law-enforcement bodies on the immigrants staying at them within three working days from the date of their arrival. Accounting of immigrants is performed under identity documents. The term of stay of immigrants in the Republic of Kazakhstan is regulated by Item 6 of Rules, taking into account provisions of Items 2 and 3 of article 14 of the Law on legal acts.

This time joins also time off, however if the last day of term falls on non-working day, the next working day (Item 3 of article 14 of the Law on legal acts) following it is considered day of the termination of term. The same procedure is applied also to the terms mentioned in the article 517 Administrative Code.

20. Citizens of the states listed in paragraph one of Item 17 of Rules drive to the Republic of Kazakhstan and leave the Republic of Kazakhstan without visas if the period of their stay in the Republic of Kazakhstan does not exceed thirty calendar days from the moment of crossing of Frontier of the Republic of Kazakhstan, totally ninety calendar days during every period in hundred eighty calendar days. Citizens of the states listed in the paragraph the second Item 17 of Rules drive and leave the Republic of Kazakhstan without visas if the period of their stay does not exceed fourteen calendar days from the moment of crossing of Frontier, totally forty two calendar days during every period in hundred eighty calendar days. At the same time the same persons can drive to Kazakhstan according to the visa. If effective period of the visa expires before the term of visa-free stay, that such person has the right to use the remained days of visa-free stay. However both of these terms are estimated in parallel and are not subject to addition.

21. The part six of the article 517 Administrative Code provides the administrative responsibility for the acts provided by part three of this Article committed repeatedly within year after imposing of administrative punishment. Also the part seven of the article 517 Administrative Code provides the administrative responsibility for the acts provided by parts two, the fourth and fifth this Article, made repeatedly within year after imposing of administrative punishment. Simultaneous set of all acts listed in disposition of Article is optional to availability of structure of these offenses.

At the same time frequency is formed when making by the same person of any of the actions listed in disposition of part six or the seventh article 517 Administrative Code respectively. Again made act can not be identical to for what person within year was brought to the administrative responsibility.

The offense is not recognized repeated if person was exempted for earlier made offense from the administrative responsibility and administrative punishment on the bases, the established law.

22. The non declaration or doubtful customs declaration of goods, moved or moved through customs border of the Eurasian Economic Union, attracts responsibility on part one of the article 551 Administrative Code only in case such acts give the grounds for exemption of customs payments, taxes, understating of the size of customs payments, taxes, the special, anti-dumping, compensatory duties or attract non-execution or improper execution of obligation on their payment.

Not statement in the established form or the statement the customs applicant, the customs representative, Authorized Economic Operator in the customs declaration and other documents necessary for the customs purposes, false information on goods, on the chosen customs procedure, customs value or about the country of goods' origin or the statement of other false information which does not give the grounds for exemption of customs payments, taxes, the special, anti-dumping, compensatory duties or understating of their size, for example, when the statement of the customs applicant in the customs declaration of wrong commodity code did not lead to release it from payment of stipulated by the legislation customs payments, taxes or to understating of their size does not form structure of this administrative offense.

23. The article 610 Administrative Code provides the administrative responsibility for making of administrative offense when as a result of violation by person managing the vehicle, traffic regulations the damage of vehicles, loads, roads, road and other constructions or other property which entailed material damage or little harm to health of the victim was caused. The same act which entailed causing to health of the injured harm of average weight is penal act according to article 345 UK.

If the driver managing the vehicle as a result of the illegal actions stated above, along with causing material damage, causes to several victims harm to health, different on severity (easy, average weight, heavy) or there came other effects in the form of death, then the perpetrator is subject to criminal prosecution by the corresponding part of Articles 345, of 345-1, 346 UK without administrative prosecution.

In case actions of the driver, along with causing little harm to health of the victim, cause also material damage in the form of damage of vehicles or other property, the perpetrator is subject to the administrative responsibility only on part two of Article 610 or, with intoxication of the driver, on part three of the article 608 Administrative Code.

24. By hearing of cases about administrative offenses it is necessary to recognize that the drivers deprived of the right of control of vehicles unlike persons whose right of vehicle control is suspended on representation of the legal executive, are not subjects of the offenses providing responsibility for persons who do not have the right of control of vehicles, except for regulations in which both subjects at the same time are directly mentioned (for example, in part three of the article 611 Administrative Code).

The drivers who do not have the right of management of the corresponding category of transport cannot be equated to the drivers who do not have the right of vehicle control at all for exception of regulations in which both subjects at the same time are directly mentioned (for example, in part two of the article 612 Administrative Code). Therefore vehicle control in alcohol intoxication in case of absence in the car driver license of permission to management of this category of vehicles is subject to qualification not on part six of the article 608 Administrative Code, and on set of part one of Article 608 and part two of the article 612 Administrative Code in the absence of the other qualifying signs.

Deprivation of the right of vehicle control is applied equally both to drivers of cars, and to persons operating tractors and other self-propelled vehicles, trams, trolleybuses, motorcycles and other motorized vehicles according to determination of the vehicle in the note to the article 590 Administrative Code. So, under management in alcohol intoxication the person having the car driver license, but not having the right of control of the tractor cannot be considered by the tractor as person who does not have the right of vehicle control and is subject to responsibility according to the procedure, specified in the previous paragraph.

If the driver after execution of administrative punishment in the form of deprivation in accordance with the established procedure did not acquire the right of vehicle control again car driver license, it for the purposes of determination of administrative or criminal liability for making of homogeneous offenses should be considered as the driver who does not have such right. If after execution of the resolution on deprivation of the right of vehicle control the driver in the procedure established by the law acquired such right again, then for making of offense in parts of the first, third article 608 Administrative Code within year after the expiration of administrative punishment it is subject to responsibility in parts 3-1, 3-2 articles 608 Administrative Code, and in case of making of the same offense after year - in parts the first or the third specified Article respectively.

25. The structure of the administrative offense provided by part two of the article 611 Administrative Code is considered the face ended from the moment of leaving managing the vehicle, places of the road accident.

When leaving the place of the road accident due to the need of the victim's delivery in emergency in medical institution for rendering pre-medical medical care in case it cannot be performed passing transport, the driver according to the Note to the article 611 Administrative Code is exempted from liability under this Article. At the same time such driver is exempted from liability including on part one of the article 611 Administrative Code in case of failure to carry out of other obligations in connection with the road accident provided by the subitem 8) Item 9 of Chapter 2 of the Traffic regulations approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 30, 2023 No. 534 (further - Traffic regulations), except for not returns to the scene after the victim's delivery in medical institution.

In the absence of victims drivers can leave the scene only in case of mutual consent in assessment of circumstances of the incident, previously having constituted the scheme of incident and having signed it (Item 8 of Chapter 1 of Traffic regulations). After that drivers shall arrive to the nearest division of law-enforcement bodies for incident registration, the road accident registration except for simplified. In case of failure to carry out of the listed obligations such drivers are subject to responsibility on part one of the article 611 Administrative Code.

26. In cases when the road accident did not entail damnification to health, the death of the person, damage of vehicles, constructions, loads or other material damage, leaving of the scene also does not attract responsibility under the article 611 Administrative Code. If the single victim in the road accident is the offender, such driver is not subject to the administrative responsibility under articles 610 and 611 Administrative Code, however can be brought to the administrative responsibility under the relevant article of the Special part the Administrative Code providing responsibility for violation of specific Item of Traffic regulations. At the same time questions of the indemnification caused to property of other joint owners of property, general with the driver, are subject to consideration and permission according to the procedure of civil legal proceedings.

If the road accident which entailed death of the cattle and pets took place out of the action area of the warning route signs 1.24 "Cattle stage" in the absence of violation of the high-speed mode and other provisions of Traffic regulations, the transport driver is not subject to the administrative responsibility on part one of the article 610 Administrative Code. Under such circumstances failure to carry out by the driver of the animal-drawn vehicle (sledge), the driver and the owner of pack, draft, riding animals and the cattle of obligation on implementation of supervision of animals which is assigned to it by Item 176 of Chapter 24 of Traffic regulations is immediate cause of the road accident.

27. In case of vehicle control by the driver deprived of the right of vehicle control, its actions are qualified on part three of the article 612 Administrative Code, except for making of the offenses provided by Article part five 596, Article part three 610, Article part three 611, part 3-1 of the article 613 Administrative Code. Such actions under the article 669 Administrative Code are not subject to additional qualification.

28. The lawyer of the documents requested by it, materials or data required for implementation of its professional obligations should consider provision in incomplete amount as failure to provide such documents to the lawyer in the terms established by the legislation that it attracts the administrative responsibility under article 668 of the Code if these actions have no signs of penal act.

29. By hearing of cases about administrative offenses on part one of the article 669 Administrative Code courts should consider that absence at the debtor of real opportunity to perform court resolution in its certain part or in full excludes possibility of attraction of person to responsibility under this Article. At the same time courts should recognize that the debtor shall take independently all measures depending on him and in the most active way to promote execution of the obligation assigned to it on execution of the court ruling and the executive document. Non-execution of resolutions and other legal requirements of the legal executive, except for requirements about execution of the executive document in general, attracts responsibility in parts of the first and second article 670 Administrative Code.

In case of failure to pay the penalty put by court on face after the term provided by part one of the article 893 Administrative Code or after delay term, the stipulated in Article 888 Administrative Code, such person is subject to responsibility under the article 669 Administrative Code irrespective of the circulation of the resolution to forced execution.

30. For making of administrative corruption offenses sanctions of Articles of Chapter 34 the Administrative Code do not provide confiscation of the property received owing to making of administrative offense. In case of permission of cases on such administrative offenses courts according to part three of the article 822 Administrative Code should resolve destiny of physical evidences by their transfer to the relevant organizations or destructions.

31. According to article 4 of the Constitution this normative resolution is included the law in force, is obligatory and becomes effective from the date of the first official publication.

Chairman of the Supreme Court of the Republic of Kazakhstan

K. Mami

Judge of the Supreme Court of the Republic of Kazakhstan, secretary of plenary meeting

K. Shaukharov

 

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