LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 10, 2025 No. 155-VIII ZRK

About modification and amendments in the Code of the Republic of Kazakhstan about administrative offenses

Article 1. Bring in the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 the following changes and amendments:

1) part the second Article 32:

after the words "For Violations" to add with words "legislations of the Republic of Kazakhstan on languages,";

after words of "cold weapon" to add with words ", attraction to social jobs";

2) in Article 33:

heading after the word of "lawyers" to add with words "legal consultants,";

part one after the word "lawyers" to add with the words "legal consultants";

Part one of Article 41 to add 3) with subitem 7-1) of the following content:

"7-1) social jobs;";

4) article 42 part one after the word "arrest" to add with words ", social jobs";

5) in Article 44:

to add paragraph two of part one with the subitem 14) of the following content:

"14) differences between exceeding of expenses of persons authorized on accomplishment of the state functions, the persons equated to them, officials, persons holding responsible state position, on property acquisition, determined by the tax legislation of the Republic of Kazakhstan, over the amount of sources of covering of expenses on acquisition of the specified property and the thousandfold size of monthly settlement indicator.";

part two paragraph two after the word of "lawyer" to add with words "the legal consultant,";

To add 6) with Articles 49-1 and 49-2 of the following content:

"Article 49-1. Social jobs

1. Social jobs are applied by court to physical persons.

2. Social jobs are imposed by court in the presence of the consent of the physical person who made administrative offense.

3. Social jobs consist in accomplishment by person brought to the administrative responsibility, the free socially useful works which are not requiring certain qualification organized by local executive bodies in the public places located in the place of his residence.

4. Social jobs are estimated in hours and established for a period of ten till hundred o'clock.

Social jobs shall be performed at least one hour and no more than four hours a day.

Social jobs are performed in time, free from work and study.

5. Persons which are not taking permanent place of employment and not students in educational institutions, social jobs are performed at least one hour and no more than eight hours a day, but no more than forty hours a week.

6. The general duration of accomplishment of social jobs shall not exceed four months.

7. Social jobs are not applied in the relation:

1) expectant mothers;

2) the women having juvenile children under three years;

3) the men raising alone juvenile children under three years;

4) persons which did not reach eighteen-year age;

5) persons with disability of the first or second group;

6) women at the age of fifty eight and over years;

7) men at the age of sixty three and over years;

8) the foreign citizens and persons without citizenship who are not living constantly in the territory of the Republic of Kazakhstan.

8. In case of origin during accomplishment of social jobs of the circumstances provided by part seven of this Article, the court according to the petition of local executive bodies exempts such person from accomplishment of social jobs.

Article 49-2. Evasion from social jobs

Person is recognized evading from accomplishment of social jobs:

1) not been on challenge of local executive body for execution of the court order about purpose of social jobs without valid excuse;

2) refused to start accomplishment of social jobs;

3) not been in the organization more than two times during the term of accomplishment of social jobs without valid excuse;

4) arrived for accomplishment of social jobs, appeared and (or) being during accomplishment of social jobs is able alcoholic, drug or inhalant intoxication, confirmed with medical examination according to the procedure, established by the legislation of the Republic of Kazakhstan;

5) left the Republic of Kazakhstan without valid excuse.

Note. Reasonable excuses of absence of the offender for accomplishment of social jobs in the appointed time the disease and other documentary confirmed circumstances which deprive of the offender of opportunity timely to arrive for accomplishment of social jobs are recognized.";

Article 50 part one after the word "extraordinary" to add 7) with the words "or military";

8) in the subitem 9) of Article 57 of the word "disasters or" shall be replaced with words "disasters, emergency or warlike situation or";

9) in Article 62:

the second to state part in the following edition:

"2. The physical person is not subject to administrative prosecution for illegal intervention of officials in business activity, evasion from social jobs, making of administrative corruption offense, and also offense in the field of conducting checks of subjects of entrepreneurship, environmental protection, protection of the competition, violation of the law of the Republic of Kazakhstan about energy saving and increase in energy efficiency, about the state secrets, natural monopolies, subsoil and subsurface use, procedure for the organization and holding peaceful assemblies, personal data and their protection, about the electronic document and the digital signature after one year from the date of making of administrative offense, but cannot be brought to the administrative responsibility after two months from the date of detection of administrative offense.

The legal entity (including the individual entrepreneur) is not subject to administrative prosecution for violation of the law of the Republic of Kazakhstan about personal data and their protection, about the electronic document and the digital signature after one year from the date of making of administrative offense, but cannot be brought to the administrative responsibility after two months from the date of detection of administrative offense.

The legal entity (including the individual entrepreneur) is not subject to administrative prosecution for violation of the law of the Republic of Kazakhstan about energy saving and increase in energy efficiency, about subsoil and subsurface use, procedure for the organization and holding peaceful assemblies, in the field of environmental protection, and also for violation of assessment procedures of compliance of objects of technical regulation after three years from the date of making of administrative offense, but cannot be brought to the administrative responsibility after two months from the date of detection of administrative offense.

The legal entity (including the individual entrepreneur) is not subject to administrative prosecution for making of administrative corruption offense, violation of the law of the Republic of Kazakhstan about natural monopolies, protection of the competition after five years from the date of making of administrative offense, but cannot be brought to the administrative responsibility after two months from the date of detection of administrative offense.";

add with part of 2-1 following content:

"2-1. The physical person is not subject to administrative prosecution for making of offense in the field of the taxation, provision of pensions, compulsory social insurance, compulsory social medical insurance, the sphere of customs affairs after one year from the date of its making.

If other is not established by this Article, the legal entity (including the individual entrepreneur) is not subject to administrative prosecution for offenses in the field of the taxation, the sphere of customs affairs after three years from the date of making of offense.

The legal entity (including the individual entrepreneur) for whom the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" fixed term of limitation period five years, are not subject to administrative prosecution respectively for offenses in the field of the taxation, the sphere of customs affairs - after five years from the date of making of offense.

The legal entity (including the individual entrepreneur) is not subject to administrative prosecution for offenses in the field of provision of pensions, compulsory social insurance, compulsory social medical insurance after five years from the date of making of offense.";

in part five:

the paragraph one to add with words ", and also in cases of force majeure, interfering its further production";

add paragraph two with words ", and also the ends of force majeure";

third to exclude the paragraph;

in word part eight of "The chairman of the Supreme Court, the chairman of judicial board of the Supreme Court" shall be replaced with words "the chairman of court of cassation";

state the note in the following edition:

"Notes.

1. The administrative offense which is characterized by continuous implementation of single structure of certain act, stipulated in Article this Section of the Special part is recognized lasting, and it is not complete by the time of its detection.

2. Under force majeure, interfering further proceeedings, it is necessary to understand circumstances extraordinary and impreventable under existing conditions (the spontaneous phenomena, military operations, emergency state and so forth).";

Part third of article 66 after the word of "arrest" to add 10) with the words "and social jobs";

11) in Article 73:

to add part one paragraph two after the word "or" with the words "attraction to social jobs for the term of twenty hours or";

the part two paragraph two after the word is "attracted" to add with the words "attraction to social jobs for the term of forty hours or";

12) in Article 79:

in the paragraph the second part one:

to replace the word of "ten" with the word of "thirty";

after the word of "lawyers" to add with words "legal consultants,";

to replace the word of "twenty" with the word of "sixty";

to replace the word of "thirty" with the word of "hundred";

to replace the word of "seventy" with the word of "two hundred";

in the paragraph the second part two:

to replace the word of "fifty" with the word of "hundred";

to replace words of "seventy five" with the word of "two hundred";

to replace the word of "hundred" with the word of "three hundred";

to replace the word of "two hundred" with the word of "six hundred";

in the paragraph the second part three:

shall be replaced with words the word of "fifty" to "hundred fifty";

to replace the word of "hundred" with the word of "three hundred";

shall be replaced with words words of "hundred fifty" to "four hundred fifty";

to replace the word of "two hundred" with the word of "six hundred";

in the paragraph the second part four:

shall be replaced with words the word of "five hundred" to "seven hundred fifty";

shall be replaced with words the word of "seven hundred" "one thousand";

shall be replaced with words the word "one thousand" "two thousand";

Article 85 to exclude 13);

14) in Article 91:

in part one:

word in paragraph one", and also procedure for the conclusion of agreements in the field of provision of pensions at the expense of voluntary pension contributions" to exclude;

in the paragraph the second to replace the word of "four hundred" with the word of "two hundred";

second and third to exclude parts;

the eleventh and twelfth to state parts in the following edition:

"11. Numerous (two and more times during twelve consecutive calendar months) failure to provide and (or) untimely provision in authorized body on regulation, control and supervision of the financial market and the financial organizations by the single accumulation pension fund or Voluntary accumulation pension fund, founders (shareholders) of the Voluntary accumulation pension fund and (or) their affiliates of data or other required information -

attract penalty on physical persons in the amount of fifty, on legal entities - in the amount of hundred monthly settlement indicators.

12. Numerous (two and more times during twelve consecutive calendar months) provision in authorized body on regulation, control and supervision of the financial market and the financial organizations and (or) National Bank of the Republic of Kazakhstan the single accumulation pension fund or the Voluntary accumulation pension fund, founders (shareholders) of the Voluntary accumulation pension fund and (or) their affiliates of the doubtful and (or) incomplete reporting, data or other required information -

attracts penalty on physical persons in the amount of fifty, on legal entities - in the amount of hundred monthly settlement indicators.";

state the note in the following edition:

"Notes.

1. For the purposes of parts one and the twelfth this Article the single accumulation pension fund (the Voluntary accumulation pension fund) is not subject to administrative prosecution in case of independent elimination of violations, responsibility for which is provided by parts one and the twelfth this Article, before the date of receipt of the notification of authorized body on regulation, control and supervision of the financial market and the financial organizations about the allowed violation.

2. For the purposes of parts six and the seventh this Article person is not subject to administrative prosecution if the amount of not listed, it is untimely and incomplete (listed) compulsory pension contributions estimated, withheld (added) and (or) paid, compulsory professional pension contributions constitutes less than one monthly settlement indicator, established according to the law existing for date of identification of administrative offense.

3. For the purposes of part eleven of this Article the physical person and (or) the legal entity are not subject to administrative prosecution in case of provision of data or other required information no later than one working day from the moment of the termination of terms of provision of data or other required information.";

15) in Article 93:

to state paragraph two of part one in the following edition:

"attracts penalty on officials, small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.";

to state paragraph two of part two in the following edition:

"attracts penalty on officials, small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.";

to state paragraph two of part three in the following edition:

"attracts penalty on officials, small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.";

to state paragraph two of part four in the following edition:

"attracts penalty on officials, small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.";

in part five:

in paragraph one the word "preventions" shall be replaced with words "imposings of administrative punishment";

in the paragraph the second:

after the words "penalty on" to add with words of "officials";

to replace the word of "twenty" with the word of "forty";

to replace the word of "thirty" with the word of "sixty";

shall be replaced with words words of "hundred twenty" "two hundred forty";

in part six:

in paragraph one of the word "and absence" shall be replaced with words "and (or) absence";

in the paragraph the second:

after the words "penalty on" to add with words of "officials";

to replace the word of "twenty" with the word of "forty";

to replace the word of "thirty" with the word of "sixty";

shall be replaced with words the word of "eighty" to "hundred twenty";

in the paragraph the second part seven:

after the words "penalty on" to add with words of "officials";

to replace the word of "forty" with the word of "eighty";

shall be replaced with words the word of "sixty" to "hundred twenty";

shall be replaced with words words of "hundred twenty" "two hundred forty";

The second Article 94 of the word "prevention or" to exclude 16) in the paragraph;

17) in Article 95:

in the paragraph the second part one:

to replace words of "thirty five" with the word of "sixty";

to replace the word of "seventy" with the word of "hundred";

to replace words of "hundred forty" with the word of "two hundred";

in the paragraph the second part two:

shall be replaced with words the word of "seventy" to "hundred twenty";

to replace words of "hundred forty" with the word of "two hundred";

to replace words of "two hundred eighty" with the word of "four hundred";

18) in Article 96:

in part one:

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