NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2016 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

For the purpose of uniform application in court practice of some regulations of General provisions and the General part of the Code of the Republic of Kazakhstan about administrative offenses the plenary session of the Supreme Court of the Republic of Kazakhstan

decides:

1. The legislation on administrative offenses consists of the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code) which is based on the Constitution of the Republic of Kazakhstan (further - the Constitution), the conventional principles and rules of international law, determines conditions and the bases of the administrative responsibility, types of administrative punishments, procedure for production on cases on administrative offenses, including jurisdiction and cognizance of these cases.

Courts when implementing justice should recognize that the international contractual and other commitments of the Republic of Kazakhstan are component of its law in force according to Item 1 of article 4 of the Constitution. When considering the case the court has no right to apply regulations of the legislation of the Republic of Kazakhstan on administrative offenses if other rules are established by the international treaty, the decision on which consent to be bound for the Republic of Kazakhstan was made by means of ratification or accession. In these cases rules of the international treaty are applied.

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