of April 9, 2012 No. 1
About application of measures of ensuring production for cases on administrative offenses
Due to the arising questions in case of application in court practice of measures of ensuring production for cases on administrative offenses the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. The measures of ensuring proceeedings about administrative offense (further - providing measures) provided by parts one and the second article 785 of the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), represent specific means of administrative and legal coercion. They are applied by authorized officers within the powers for the purpose of suppression of administrative offense, identification of the suspect of its making, creation of the protocol on administrative offense when its creation on site of making of administrative offense, prevention of direct threat of life or to human health, threats of accident or technogenic catastrophes is impossible, and in cases when rejection of such measures prevents timely, comprehensive, complete and objective clarification of the facts of the case, permission it according to the law, to ensuring execution of the issued decree.
Measures of providing can be applied in connection with making of administrative offense before initiation of proceedings about administrative offense (except personal inspection, examination of the things which are under physical person), during proceeedings and at stage of execution of the resolution on the case of administrative offense.
Application of measures of providing shall be lawful, answer criteria of rationality, need and sufficiency. Each of the measures of providing listed in the article 785 Administrative Code can separately be applied or along with other measures if it is caused by need.
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