of May 31, 2019 No. 1
About court practice of application of the legislation on administrative supervision
Due to the questions which arose at courts by hearing of cases about application of the legislation of the Republic of Kazakhstan on administrative supervision, for the purpose of ensuring uniformity of court practice on the specified cases the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. The legislation on administrative supervision is based on the Constitution of the Republic of Kazakhstan and consists of the Criminal Code of Kazakhstan (further - UK), the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure), the Penitentiary code of the Republic of Kazakhstan (further - WICK), the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), the Law of the Republic of Kazakhstan of July 15, 1996 No. 28-I "About administrative supervision of persons exempted from places of detention" (further - the Law) and other regulatory legal acts of the Republic of Kazakhstan.
2. Administrative supervision represents the measure directed to prevention of repeated making of crimes by the persons exempted from places of detention, having criminal record for the certain types of crimes provided by the Law by means of establishment by court of temporary restrictions of their rights and freedoms, assignment of obligations on them (further - administrative restriction) and implementation by law-enforcement bodies of observation of observance by specified persons (persons under surveillance) of administrative restrictions. Administrative supervision is not punishment for making of criminal offense.
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