NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2024 No. 7

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan concerning application by courts of the legislation on administrative offenses

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. "About some questions of application by courts of regulations of the General part of the Code of the Republic of Kazakhstan of administrative offenses" of December 22, 2016 No. 12 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of May 31, 2019 No. 3, of December 7, 2023 No. 5):

Item 1 to add 1) with paragraphs the fourth, fifth and sixth the following content:

"By the subitem 5) of Item 3 of article 77 of the Constitution it is determined that the laws establishing or strengthening responsibility, assigning new obligations to citizens or worsening their situation, have no retroactive force.

According to the article 4 Administrative Code person who made administrative offense is subject to responsibility based on the legislation existing during making of this offense. Time of making of administrative offense time of implementation of the act provided by the Special part the Administrative Code irrespective of time of approach of effects is recognized.

Person whose act is referred by the new law to category of criminal offense owing to requirements of part three of article 6 of the Criminal Code of Kazakhstan, is subject to administrative prosecution under Article of the Special part the Administrative Code operating before enforcement of the new law which strengthened responsibility.";

2) in Item 10 word in paragraph five of "administrative legal proceedings" shall be replaced with words "proceeedings about administrative offense";

3) in Item 21:

shall be replaced with words the words "16 to 18" "to sixteen to eighteen";

shall be replaced with words the words "14 to 16" "to fourteen to sixteen";

replace figures "16" with the word of "sixteen";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info