ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of October 10, 2014 No. 114

About approval of the Instruction for forming of centralized accounting of data on the administrative offenses and persons who made them

For the purpose of implementation of the subitem 6) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" I ORDER:

1. Approve the Instruction for forming of centralized accounting of data on the administrative offenses and faces which made them according to appendix to this order.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of November 12, 2012 No. 134 "About approval of centralized databank about administrative offenses and persons, them made and approval of the Instruction for its maintaining" (registered in the Register of state registration of regulatory legal acts for No. 8101, No. 63-64) published in the Kazakhstanskaya Pravda newspaper of February 20, 2013.

3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) in the Ministry of Justice of the Republic of Kazakhstan for state registration;

2) on official publication;

3) to the interested subjects of legal statistics and special accounting for data and use in work, to territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective since January 1, 2015.

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of October 10, 2014 No. 114

The instruction for forming of centralized accounting of data on the administrative offenses and faces which made them

1. General provisions

1. This Instruction for forming of centralized accounting of data on administrative offenses and faces, made (further - the Instruction) establishes them single for all state bodies, authorized to reveal administrative offenses and (or) to consider cases on administrative offenses (further - subjects of administrative practice), accounting of the administrative offenses and persons who made them.

Centralized accounting of the administrative offenses and persons which made them is performed by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) by maintaining centralized databank (further - TsBD).

2. TsBD is created in the automated information system "Special Accounting" (further - AIS SU) based on the information accounting documents submitted by subjects of administrative practice (further - IUD) cards No. 1-AB "The accounting card of administrative offense and person, made" in form according to appendix 1 to the Instruction, cards No. 1-AP "Card about the course and results of consideration of administrative offenses" in form according to appendix 2 to the Instruction it.

3. Exposure and input of IUD is made within 24 hours from the moment of identification or consideration of administrative offense. In case of impossibility of exposure of IUD in the specified time, it is exposed based on the in-house document approved by the head of the subject of administrative practice in day of emergence of opportunity for its registration.

4. If the termination of term is the share of day off or holiday, then IUD shall be entered in the next first working day.

5. Accounting of the administrative offenses and persons which made them is performed from the moment of input of IUD in databank of territorial administration of Committee (further - TU DB) or databases of state bodies (further - GO DB), or in the Register of administrative offenses (further - ZhUAP) in form according to appendix 3 to the Instruction.

6. From the moment of initiation of production about administrative offense (creation of the protocol) 15-unit number is assigned to administrative material.

7. Accounting of offense is made in the place of its making. In case of excitement of administrative material by central office of the subject of administrative practice, the administrative offense is considered in the place of making.

8. In case of hearing of cases about administrative offenses, according to article 812 of the Code of the Republic of Kazakhstan about administrative offenses (further - КРКоАП) in the place of accounting of vehicles, courts or at the place of residence of person concerning which production is kept account of offense is made in the place of consideration of administrative case.

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