of April 20, 2018 No. 5
About the court order on the case of administrative offense
The court order on the case of administrative offense is procedural document in which by results of consideration of the case the result of proceeedings about administrative offense is reflected.
For the purpose of determination of the place and features of the court resolutions adopted by court in connection with hearing of cases about administrative offenses by court, providing along with legality and justification of the resolution on the case of administrative offense of its clearness and laconicism, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations:
1. Draw the attention of courts that pronouncement of the resolution on the case of administrative offense designed to provide accomplishment of tasks of production on cases on administrative offenses requires the separate liability for its legality and justification.
The resolution is legal if it conforms to requirements of the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), and also corresponds to provisions of other regulations of the legislation.
Justification of the resolution means that the circumstances important for this case confirmed with the proofs researched by court meeting requirements of the law on their relevancy, admissibility and reliability shall be reflected in the resolution.
2. Having considered case on administrative offense, the claim, protest, the court takes out one of the resolutions provided by part one of the article 829-14 Administrative Code.
In case of pronouncement of the resolution data shall be specified, and also the questions provided the article 829-14 Administrative Code are resolved.
The resolution shall have the strict logical structure consisting of rather isolated parts constituting in total the single legal document.
The resolution includes three components - introduction, descriptive and motivation and resolutive speak rapidly.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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