Administrative Offences Code

The Code of the Republic of Kazakhstan dated January 30, 2001 № 155. Expired by the Code of the Republic of Kazakhstan dated July 5, 2014 № 235 (effective from 01.01.2015)

      Unofficial translation
      Footnote. It became invalid by the Code of the Republic of Kazakhstan dated 05.07.2014 № 235 (effective from 01.01.2015).
      Footnote. Throughout the text, the words "the military service", "of the military service", "to the military service" are replaced by the words "the military service", "of the military service", "to the military service", the words "military commission", "of the military commissariat" are replaced by the words "the local military bodies", "of the local military bodies" in accordance with the Law of the Republic of Kazakhstan dated 22.05.2007 № 255 (shall be enforced from the day of its official publication).

Section 1. General provisions
Chapter 1. Administrative Offences

Article 1. Legislation of the Republic of Kazakhstan on administrative offences

      1. Legislation of the Republic of Kazakhstan on Administrative Offences consists of this Code of the Republic of Kazakhstan on Administrative Offences. Other laws to administrative liability shall apply only after their inclusion in this Code.

      2. This Code is based on the Constitution of the Republic of Kazakhstan, the universally recognized principles and norms of international law.

      3. International treaty and other obligations of the Republic of Kazakhstan, as well as regulations of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan regulating administrative tort relationship are an integral part of the law on administrative offences.

      4. International treaties ratified by the Republic of Kazakhstan shall have priority over this Code and apply directly, unless the international treaty that its application requires the promulgation of a law. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules which provided by the legislation of the Republic of Kazakhstan on Administrative Offences, in that case the rules of the international treaty will be applied.

Article 2. Basis of administrative responsibility

      The basis of administrative responsibility is an act that contains all the elements of the offence provided for in the Special Part of this Code.

Article 3. Authority of local representative bodies to establish rules, violation of which provides for administrative liability

      1. In order to ensure public order and safety in the event of natural and man-made disasters local representative regional, cities and the capital, towns and districts may, within its competence to establish rules, violation of which a person may be held administratively liable under articles 362 and 363 of this Code.

      2. Local representative bodies of regions, cities and the capital may also establish rules, violation of which administrative liability provided in Article 281-1, 300, 310, 311, 387 of this Code.

      Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV; dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days and its first official publication).

Article 4. The laws of the Republic of Kazakhstan on the responsibility for administrative offences in the space

      1. A person who commits an administrative offence in the territory of the Republic of Kazakhstan shall be liable under this Code.

      2. Administrative offence committed in the territory of the Republic of Kazakhstan, is an act that is initiated or continued, or was completed in the territory of the Republic of Kazakhstan. This Code shall also apply to administrative offences committed on the continental shelf and the exclusive economic zone of the Republic of Kazakhstan.

      3. A person who commits an administrative offence on a vessel registered in a port of the Republic of Kazakhstan, located in open water or airspace outside of the Republic of Kazakhstan, is subject to administrative proceedings under this Code, if not provided by an international agreement of the Republic of Kazakhstan. The person who has committed an administrative offence on a warship or military aircraft of the Republic of Kazakhstan has administrative responsibility, regardless of its location, according to this code.

      4. Issue of administrative liability of diplomatic representatives of foreign states and other foreigners, who enjoy immunity in the case of these persons offence in the Republic of Kazakhstan is resolved in accordance with international law.

Article 5. Validity of the legislation regarding liability for administrative offences in time

      1. A person who commits an administrative offence shall be liable under the law in force at the time of commission of the offence.

      2. Time of committing an administrative offence will be the time of the offence under the special part of this Code, regardless of the time of the consequences.

      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 6. Retroactivity of the law on administrative offences

      1. Laws removing or mitigating the responsibility for the administrative offence will be retroactive, that is, apply to offences committed prior to the introduction of the law in action.

      2. The law establishing or increasing penalties for administrative offences or otherwise worsening the situation of the perpetrator, not retroactive.

      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Chapter 2. The objectives and principles of the law on administrative offences

Article 7. Objectives of the legislation of the Republic of Kazakhstan on administrative offences

      1. Administrative Offences has the task of protecting the rights, freedoms and legitimate interests of human and citizen, health, sanitary and epidemiological welfare of the population, the environment, public morality, property, public order and the security of the established order of the government, legally protected rights and interests of organizations of administrative offences, as well as preventing the execution.

      2. To fulfill this task the legislation on administrative offences establishes the basis and principles of administrative responsibility to determine which acts are administrative offences ands of penalties imposed for their commission, and which administrative penalty, by what state body (official) and the order can be imposed on the person who committed the administrative offence.

Article 8. The principles of legislation on administrative offences

      The meaning of the principles of legislation on administrative offences is that their violation, depending on its nature and materiality implies recognition of the proceedings held invalid, acquitted in such a proceeding or recognition solutions assembled with materials that do not have the strength of evidence.

Article 9. Legitimacy

      1. Administrative offences and administrative measures and legal impact imposed for committing them, are determined only by this Code. No one will be subjected to administrative punishment, administrative and legal measures or measures of the impact on the case on an administrative offence except on the grounds and in the manner prescribed by this Code.

      2. The court, the bodies (officials) authorized to consider cases on administrative offences, during the proceedings on administrative offences must strictly follow the requirements of the Constitution of the Republic of Kazakhstan, of this Code and other regulatory legal acts referred to in Article 1 of this Code. The Constitution of the Republic of Kazakhstan shall have supreme legal force and direct effect on the entire territory of the Republic of Kazakhstan. In case of conflict between the rules established by the law and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall be applied.

      3. The courts are not entitled to apply laws and other regulatory legal acts which infringing on the rights and freedoms of man and citizen. If the court finds that a law or other legal act subject to application infringes the rights and freedoms of the man and citizen, it shall suspend the proceedings and request the Constitutional Council of the Republic of Kazakhstan with the proposal to declare that law to be unconstitutional. Upon receipt of the court decision of the Constitutional Council of the proceedings resumed.

      Court decisions and bodies (officials) authorized to consider cases on administrative offences, based on law or other normative legal act declared unconstitutional shall not be enforceable.

      4. Violation of the law by the court, agencies (officials) authorized to consider cases on administrative offences, during the proceedings on administrative offences prohibited and entail liability under the law, for annulment of acts and their abolition.

      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 10.07.2012 No. 32-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Exclusive competence of the court

      1. Court jurisdiction, the limits of its jurisdiction, the order of their proceedings on administrative offences, determined by law and cannot be arbitrarily changed. The establishment of emergency or special courts under any kind of name is not allowed. Decisions of emergency courts and other courts established illegally have no legal force and are not subject to be fulfilled. Acquiring of powers of the court by any person will be liable under the law.

      2. The court decision, which carried out in the proceedings on administrative offences outside of its, jurisdiction, exceeded its authority or otherwise provided herein violated the principles of legislation on administrative offences are illegal and must be rescinded.

      3. Court decisions on administrative offences can be tested and reviewed only by the competent courts in the manner provided in this Code.

Article 11. Equality before the law

      Persons who have committed administrative offences are equal before the law and are subject to administrative liability, regardless of origin, social, property status, race, nationality, creed, sex, language, religion, and occupation, place of residence, membership of public associations as well as any other circumstances.

      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 12. Presumption of innocence

      1. individual against whom the administrative proceedings will be presumed innocent until his guilt is proven in a manner prescribed by this Code and has entered into legal force of the decision of the judge, body (official), who considered the case within their powers.

      2. No one is required to prove his innocence.

      3. Any doubts about the guilt will be interpreted in favor of the person against whom the administrative proceedings. In his own good and doubts should be resolved in the application of the law on administrative offences.

Article 13. The principle of guilt0

      1. A individual is subject to administrative liability only for those offences, in respect of which his fault. Objective imputation, that is, the administrative responsibility for innocent causing physical harm to a person, is not permitted.

      2. Guilty of an administrative offence will be a individual who committed the offence intentionally or negligently.

Article 14. Inadmissibility of repeated imposition of administrative sanctions

      No one can be prosecuted twice for the administrative responsibility for the same offence.

      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008).

Article 15. The principle of humanity

      1. Legislation of the Republic of Kazakhstan on Administrative Offences provides human security.

      2. Administrative penalty to apply to the person who committed the offence, cannot be intended to cause physical suffering or humiliation of human dignity.

Article 16. Personal immunity

      1. No one shall be subject to administrative detention, delivered to the authority of the Interior (police) or other government agencies, personal search and examination are represented by physical things except on the grounds and in the manner prescribed by this Code.

      2. Arrest as a measure of an administrative penalty may be imposed only by the decision of the judge in the cases and in the manner prescribed by this Code.

      3. Every detainee, delivered to the authority of the Interior (police) or any other government agency, immediately communicated on the grounds for detention, bringing, and legal description of the administrative offence, the commission of which he is charged.

      4. Public body (official) must immediately release the illegally detained, delivered under arrest over the period provided for the decision of the judge.

      5. No one involved in the case of an administrative offence persons may not be subject to violence, cruel or degrading treatment.

      6. Commission in the course of the proceedings of an administrative offence against the will of the person or his representative actions violating habeas corpus, is possible only in cases and in the manner expressly provided in this Code.

      7. Keeping a person in respect of whom a detention is taken as a measure of administrative punishment and the person subjected to administrative detention should be conducted in conditions that exclude a threat to his life or health.

      8. The damage caused to an individual as a result of an unlawful arrest, detention in conditions that are dangerous to life and health, ill-treatment will be compensated in the manner provided by law.

      Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days and its first official publication).

Article 17. The dignity of the individual

      1. During the proceedings on administrative offences prohibited decisions and actions, humiliate or diminish the dignity of the person involved in the case, is not permitted to collect, use, and dissemination of information about the private life, as well as personal information that the person finds it necessary to keep secret, for purposes other than provided herein.

      2. Moral damage caused to a person in the course of proceedings on administrative offences by illegal actions of the court, other state agencies and officials shall be compensated in accordance with the law.

Article 18. Privacy

      Private life, personal and family secrets are protected by law. Everyone has the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Restrictions on these rights in the course of proceedings of an administrative offence will be allowed only in cases and in the manner expressly provided by law.

      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 19. Inviolability of property

      1. The property is protected by law. No one may be deprived of his property except by court order.

      2. Seizure of property and documents; removal from driving, small boat, detention of the vehicle, recreational vessel, inspection of vehicles, small boats, survey the area, premises, vehicles, goods or other property, as well as the relevant documents may be made only in cases and in the manner provided by this Code.

Article 20. The independence of judges

      1. The judge in administration of justice is independent and subject only to the Constitution of the Republic of Kazakhstan and the law.

      2. Judges and courts settle cases on administrative offences under conditions that exclude outside influence on them. Any interference in the activities of the courts of justice is prohibited and punishable by law. On specific cases, judges are not accountable.

      3. Guarantees of independence of judges established by the Constitution of the Republic of Kazakhstan and the law.

Article 21. Language production

      1. Proceedings of administrative offences of the Republic of Kazakhstan are conducted in the official language, and if necessary in the production together with the State shall be used Russian or other languages.

      2. The judge, the bodies (officials) authorized to consider cases on administrative offences, the decision on administrative offence of production determine the language of the case. Production of one and the same case is a language of production shall be established by court order, a body (official) authorized to consider cases on administrative offences.

      3. To involving persons in the case who do not know or not know the language in which the proceedings are conducted, shall be explained the right to make statements, give explanations and testimony, petitions, make complaints, to get acquainted with the case, to act when viewed in their native language or other language they speak, use free of an interpreter services.

      4. Participating in proceedings in administrative cases individuals provide free translation into language of production they need under the law of the case as set out in another language.

      5. Procedural documents to be delivered to the offender and the victim, must be translated into their native language or in a language they know.

      6. Costs of translation and interpreter services are paid for by the state budget.

      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 22. Exemption from the obligation to testify

      1. No one is obliged to give evidence against himself, wife (husband) and their close relatives the set of whom is determined in the law.

      2. The clergy are not required to testify against those who confided in him in confession.

      3. In cases provided for in parts one and two of this Article, the persons entitled to refuse to testify and cannot be subjected for it whatever was responsible.

Article 23. Ensuring the right to qualified legal assistance

      1. Everyone has the right to receive in the course of administrative proceedings of qualified legal assistance in accordance with the law.

      2. In cases provided by law, legal assistance is provided free of charge.

Article 24. Publicity of proceedings on administrative offences

      1. The court, body the (officials) authorized to consider cases on administrative offences are engaged in the manufacture of these cases open.

      2. In accordance with the law the close proceeding is conducted in respect of cases that contain information that is a state secret, as well as in meeting the court, body (official) authorized to consider cases on administrative offences, motions involved in the case of the person claiming the need to ensure the confidentiality of adoption, preservation of personal, family, business or other secret protected by law, information about intimate aspects of the lives of individuals or to other circumstances that prevent public hearing.

      3. Personal correspondence and private individuals telegraph messages may be read with an open production only with the consent of persons between whom there were conversations and telegraphic communications. Otherwise, personal correspondence and private telegraph messages of these individuals were read and analyzed in the closed proceedings. These rules are applied in the study of photography and film documents, audio and video recordings that contain personal information.

      4. Persons involved in the case, and individuals present at the open proceedings, have the right to record in writing or using audio production course with the space used in the room where production takes place. Cinema and photography, video, live radio and TV broadcasts in the production are allowed by the Court, a body (official) authorized to consider cases on administrative offences, considering the opinion of those involved in the case. These actions should not interfere with the normal course of production and may be limited in time.

      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 25. Security during production

      Proceedings on administrative offences occur in conditions that ensure the normal operation of vessels body (official) authorized to consider cases on administrative offences, and safety of production. In order to ensure the safety of the judge or official may order the inspection of persons wishing to attend the proceedings, including the verification of documents certifying their identity, personal search and search of the bringing things.

Article 26. Freedom appeal proceedings and decisions

      1. Actions and decisions of the court, a body (official) authorized to consider cases on administrative offences may be appealed in the manner prescribed by this Code.

      2. Person involved in the case, has the right to review decisions on cases of administrative offences in the manner prescribed by this Code.

      3. Handling complaints is not allowed to harm to the complainant or to the detriment of the person on whose behalf it was filed.

Article 27. Judicial protection of rights, freedoms and legitimate interests of the person

      1. Everyone has the right to legal protection of his/her rights and freedoms. The person concerned has the right to the procedure established by law, apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.

      2. The prosecutor has the right to move the court with a claim (application) in order to implement its responsibilities for protecting the rights of individuals, organizations, public and state interests.

      3. The jurisdiction to no one can be changed without his/her consent, as stipulated by law.

      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Section 2. Administrative offence and administrative responsibility
General part
Chapter 3. Administrative offences

Article 28. Administrative infraction

      1. Administrative offence is regarded as wrongful, culpable (intentional or negligent) act or inaction of an individual, or wrongful act or inaction of a legal entity for which this Code provides administrative liability.

      2. Imposition of an administrative penalty on an individual is not exempt from liability for the offence is a legal entity, as well as to administrative liability of legal entity s does not exempt from liability for the offence is guilty of an individual.

      3. Administrative responsibility for the offences under articles of this Code occurs when these offences by their nature do not entail in accordance with the laws the criminal responsibility.

Article 29. Intentionally committing of an administrative offence

      Administrative offence will be deemed committed intentionally, if the individual who committed it, perceived the illegality of his/her actions (or inaction), foresaw its harmful effects and desired or consciously allowed these consequences or treated them indifferently.

Article 30. Committing of an administrative offence by negligence

      An administrative offence regarded as committed by negligence, if the individual who committed it, foresaw the possibility of harmful consequences of his actions (inaction), but without sufficient reason lightly counted on to prevent them, or did not foresee such consequences, but with proper care and foresight should have and could have foreseen them.

Chapter 4. Administrative responsibility

Article 31. Persons subject to administrative liability

      Administrative responsibility shall be liable to:

      1) physical sane person who has reached the age established by this Code;

      2) a legal entity.

Article 32. Age from for which the administrative responsibility of the individual will be

      Administrative responsibility is subject to an individual in the time of committing an administrative offence from the age of sixteen.

Article 33. Insanity

      Administrative liability is not subject to a person who at the time of the wrongful act provided for in this Code, was insane, that he/she could not understand the actual nature of the danger of his/her actions (inaction) or control due to chronic mental illness, temporary mental disorder, dementia or any other mental condition.

Article 34. Administrative responsibility of officials and other persons performing managerial responsibilities, individual entrepreneurs, private notaries, private bailiffs and lawyers

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

      1. Official shall be subject to administrative liability, in connection with the failure or improper performance of his duties. In the absence of this circumstance officer guilty of an administrative offence will be liable on the same basis.

      2. Individuals registered in the manner prescribed by law and exercising self-employed without a legal entity (hereinafter - the individual entrepreneur), private notary, private bailiff, a lawyer, as well as employees of individuals and legal entity s who perform management or administrative-economic functions as well as the legal entity shall be administratively liable as officials.

      3. If the provisions of this Code does not specify whether they apply to individual who are officials, private entrepreneurs, private notaries, private bailiffs, lawyers, these rules apply to all individuals, except in cases where the content of these rules, they apply and can be applied only to individual who are officers, individual entrepreneurs, private notaries, private bailiffs, lawyers.

      Note. Officials in the Code as persons permanently, temporarily or on special authority performing functions a government official or perform management or administrative functions in state bodies, bodies of local self-government and the Armed Forces of the Republic of Kazakhstan, other troops and military formations Republic of Kazakhstan.

      Footnote. Article 34 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 34-1. Features of administrative responsibility in fixing the offence by special technical means

      1. In the case of fixation of an administrative offence by customs certified measurers and instruments to administrative responsibility for administrative offences in the field of traffic proprietors (owners) of the vehicles are brought to.

      2. Proprietor (owner) of the vehicle is released from liability for offences committed with the vehicle, if the audit on its submission or statement will be established person in whose possession it was in the time of the offence or commit it or it was dropped out of his possession as a result of wrongful acts of other persons.

      Note.

      Vehicle owners in the Articles of this Code are recognized as individuals who own the vehicle on the right to property, as well as individuals that vehicles belonging to individuals and legal entities are transferred to a temporary possession and use.

      Certified special control measuring means and instruments in the Articles of this Code are the equipment and monitoring devices and fixing offences passed metrological verification, photo, video, documenting and time of the offence, the, grade, state registration number plate, the speed and direction of the vehicle.

      Footnote. Chapter 4 is supplemented with Article 34-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 35. Administrative responsibility of the military serviceman, prosecutor and other persons who are subject to disciplinary regulations or special provisions for committing administrative offences

      1. Military personnel and military training camp located on military service shall be responsible for administrative offences in disciplinary statutes, except as provided for in Articles 512-1 - 512-5 of this Code. Prosecutors, officers of law enforcement bodies, the financial police officers, special government agencies and customs bodies for administrative offences will be liable in accordance with the regulations governing the procedure for serving the relevant bodies.

      2. For violation of the state border of the Republic of Kazakhstan, the regime checkpoints across the state border of the Republic of Kazakhstan and the customs border of the Customs Union, the laws of the Republic of Kazakhstan in the field of sanitary and epidemiological safety, fire safety, traffic, customs outside the duty station, the legislation of the Republic of Kazakhstan on accounting and financial reporting, budget and tax legislation of the Republic of Kazakhstan, the Republic of Kazakhstan legislation on public procurement, rules of hunting, fishing, and other rules and regulations of the rational use and protection of natural resources of the persons mentioned in the first part of this article, have administrative responsibility for general practice. The indicated persons may not applied by administrative penalties of prohibiting the carrying and storage of firearms and bladed weapons and jail.

      2-1. The administrative penalty in the form of administrative fines could not applied to servicemen undergoing military service, and students of military and special schools.

      3. Persons other than those specified in part one of this Article, are subject to the disciplinary regulations and special provisions of the service, in the cases expressly provided for by these acts are for administrative offences in office disciplinary action and, in other cases - administrative responsibility for general practice.

      4. Bodies (officials) who have the right to impose administrative penalties may instead impose administrative penalties on the persons mentioned in the first part of this Article, to transfer the material to the appropriate bodies for violations address the issue of bringing the guilty persons to disciplinary action.

      5. Employees of rail, sea and river transport and civil aviation, are subject to the regulations of the discipline, are in accordance with those statutes disciplinary sanctions for committing duty following administrative offences:

      railway staff - infringements referred to in Articles 439, 440, 441, the first part of Article 477, Article 479 and 480 of this Code;

      employees of sea transport - violations under articles 441, 448, 449, 450, the second part of Article 477, Article 479, 480 of this Code;

      river transport workers - violations under articles 441, 450-453, 455, the second part of Article 477, Article 479, 480 of this Code;

      civil aviation - violations under articles 443, 446, paragraph one of Article 447, the third part of Article 477, Article 479, 480 of this Code.

      Footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated July 12, 2001 No. 240, dated July 3, 2003 No. 464, dated December 5, 2003 No. 506, dated March 26, 2007 No. 240 (the order of enforcement see Art. 2), dated December 19, 2007 No. 11-IV (the order of enforcement see Art. 2), dated 10.07.2009 No. 177 (the order of enforcement see Art. 2), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after the first official publication).

Article 36. Administrative liability of legal entities

      1. A legal entity is subject to administrative responsibility for administrative offences in the cases provided for the special part of this section.

      2. A legal entity is subject to administrative responsibility for administrative offences, if provided special part of this section of the act was committed, authorized, approved, authority or person acting as the management of legal entity.

      3. If the provisions of this Code does not specify whether they apply to the individual or legal entity , these rules equally apply to one and the other person, except in cases where the meaning of these rules, they are and can only be applied to an individual.

      3-1. If the provisions of this Code does not specify whether they apply to entities that are the subjects of small and medium businesses, large businesses, or other organizations, these rules equally apply to all legal entities, except where the content of these rules they belong and can be applied only to entities that are the subjects of small, medium business and large business.

      3-2. Depending on the of activity undertaken, number of employees and average annual value of assets per year state-owned enterprise is subject to administrative liability in the manner provided for legal entities of small or medium or large business, except in cases where administrative penalties are equally effective for all legal entities.

      4. Structural units of a legal entity, a separate taxpayer and committed administrative offences in the field of taxation, have administrative responsibility as legal entities.

      Footnote. Article 36 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 37. Administrative responsibility of foreigners and foreign legal entities and stateless persons

      1. Foreigners, foreign legal entities and stateless persons who have committed in the territory of the Republic of Kazakhstan administrative offences subject to administrative liability on the same grounds.

      1-1. Structural subdivisions (branches and representative offices) of foreign and international non-governmental organizations have administrative responsibility for violation of the legislation of Kazakhstan on associations as legal entities.

      2. Foreigners and foreign legal entity s, stateless persons for committing administrative offences, encroaching on the sovereign rights of the Republic of Kazakhstan on the continental shelf of the Republic of Kazakhstan will be administratively liable on the same basis.

      3. The issue of administrative responsibility for administrative offences committed in the territory of the Republic of Kazakhstan by diplomatic representatives of foreign states and other foreigners, who enjoy immunity is resolved under international law.

      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated February 23, 2005 No. 33.

Chapter 5. Circumstances precluding administrative responsibility

Article 38. Necessary defense

      1. Not committing an administrative offence under this Code acts in self-defense, that is when protecting their persons, houses, property, land and other rights of defendant or other persons legally protected interests of society or the state of an unlawful attempt by an attacker to cause harm if that were not exceeded the limits of self defense.

      2. The right to self-defense are equally all individuals, regardless of their professional or other special training and service provision. This right belongs to the person, regardless of ability to avoid an unlawful attempt or seek the assistance of other persons or public bodies.

      3. Excessive force recognized apparent inconsistency protect nature and severity of attacks, resulting harms caused an excessive, do not cause harm to environment. Such excess entails administrative liability except in cases of intentional harm.

      4. No person shall be subject to administrative liability, exceed the limits of self-defense as a result of fear, fear or confusion caused by unlawful acts.

Article 39. Detention of a person who has committed an infringement

      1. Not committing an administrative offence under this Code acts with detaining a person who has committed an unlawful assault, for delivering the person's state bodies and prevent them from committing new encroachments, if other means to detain such a person could not be identified and thus were not exceeded required for this measures.

      2. Excess of the measures necessary to apprehend the perpetrator of abuse, recognize their apparent inconsistency nature and extent of danger of assault and detain a person detained circumstances where a person without having caused an excessive, do not cause harm to environment. Such excess entails administrative liability except in cases of intentional harm.

      3. Authority to detain a person who committed an attack, along with a specially authorized persons also have the victims and other individuals.

      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 40. Emergency

      1. Not an administrative offence to harm the interests protected by this Code in a state of emergency, that is to eliminate the imminent danger to life, health, rights and lawful interests of the person or others, the interests of society or the state, if the danger could not be eliminated by other means, and not exceeding the permitted limits of extreme necessity.

      2. Exceeding the limits of extreme necessity is recognized harm, is clearly not appropriate to the nature and degree of danger and the environment in which the danger was eliminated, when the protected interests have been injured, equal to or greater than the prevention. This excess leads to liability only in cases of intentional harm.

Article 41. Reasonable risk

      1. Not an administrative offence to harm the interests protected by this Code for a reasonable risk to achieve socially useful purpose.

      2. The risk regarded as justified if the specified goal could not be achieved without the risk associated with the actions (or inaction) and the person who committed the risks taken sufficient measures to prevent harm to the interests protected by this Code.

      3. The risk is not regarded as justified if it was deliberately endangered the life or health of people, environmental disaster, public calamity or other serious consequences.

Article 42. Physical or mental coercion

      1. Not an administrative offence committing an offence under this Code, as a result of physical or psychological coercion, if as a result of coercion person could not control his actions (or inaction).

      2. Issue of administrative liability for damage the interests protected by this Code through psychological coercion, and as a result of physical coercion, because of which the person retaining the ability to control his actions, is solved subject to the provisions of Article 40 of this Code.

Article 43. Execution of an order or regulation

      1. Not an administrative offence is committing an offence under this Code, the person acting pursuant to a compulsory order or regulation. Administrative responsibility for the commission of such an act is the person who gave the illegal order or regulation.

      2. A person who commits an intentional administrative offence pursuant obviously illegal order or directive has administrative responsibility for general practice. Non-performance of obviously illegal order or directive excludes administrative responsibility.

Chapter 6. Administrative penalties and measures of administrative and legal exposure

Article 44. The concept and purpose of administrative penalty

      1. Administrative penalty is a measure of state coercion applied by judge, bodies (officials) who are authorized by law for committing an administrative offence, and is provided by this Code deprivation or restriction of the rights and freedoms of the person who committed the offence.

      2. Administrative penalty is applied in order to restore social justice and up-brining of the perpetrator, in the spirit of compliance and respect for the rule of law and to prevent the commission of further offences by the offender as well as others.

      3. Administrative penalty is not intended to cause physical suffering to person who committed an administrative offence or humiliation of human dignity, and injury to business reputation of legal entity.

      3-1. Administrative penalty is not a means of compensation of property damage. Administrative offence caused harm shall be compensated in accordance with the procedure provided for in Article 64 of this Code.

      Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 45.s of administrative penalties

      1. For administrative offences to the individual may include the following administrative penalties:

      1) warning;

      2) an administrative fine;

      3) compensatory seized items which appeared instrument or subject of an administrative offence;

      4) confiscation of the object, which appeared a tool or object of an administrative offence, as well as property obtained as a result of an administrative offence;

      5) deprivation of a special right;

      6) deprivation of license, special permit, qualification certificate (certificate) or a suspension of her (his) actions on a particular activity or perform certain actions, including exclusion from the register;

      7) the prohibition of activities of an individual entrepreneur;

      8) the forced demolition of illegally constructed or erected buildings;

      9) administrative detention;

      10) administrative deportation from the Republic of Kazakhstan, an alien or a stateless person.

      2. Legal entities for administrative offences may apply administrative penalties listed in subparagraphs 1) to 6), 8)of the first part of this Article, as well as suspension or prohibition of activities or certain activities of the legal entity.

      Footnote. Article 45 as amended by the Laws of the Republic of Kazakhstan dated 09.12.2004 No. 10, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008); dated 10.07.2009 No. 174-IV; dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 46. Basic and additional administrative penalties

      1. Warning, administrative fines and administrative detention can only be used as the main administrative penalties.

      2. Deprivation of a special right, withdrawal or suspension of license (special permit, qualification certificate (certificate), suspension or prohibition of business or individual species as well as administrative deportation from the Republic of Kazakhstan, foreigners and stateless persons can be used as both primary and additional administrative penalties.

      3. Paid seized items which appeared instrument or subject of an administrative offence, confiscation, forced demolition of constructed buildings can only be used as an additional administrative penalty.

      Footnote. Article 46 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 47. Warning

      Warning is the making by the body (by official), who authorized to impose an administrative penalty, a negative evaluation of the offence and warning the person or entity on the inadmissibility of the wrongful conduct. Warning is issued in writing.

Article 48. Administrative fine

      1. Administrative fine (hereinafter - the fine) is a monetary penalty imposed for an administrative offence and to the extent provided for in the article of this section, in an amount equal to a certain number of monthly index, determined in accordance with the law in force at the time of the imposition of administrative penalties .

      In cases provided for in the Articles of this section, the amount of the fine is a percentage of:

      the amount of harm caused to the environment;

      the amount of default or improperly executed tax liability;

      the amounts of non-listed (late transfer) social security contributions;

      the amount of the price of excisable goods from illicit business;

      the amounts not counted in accordance with the laws of the Republic of Kazakhstan on accounting and financial reporting or improperly accounted;

      the amount of the transaction (operation), perfect (held) in violation of financial laws of the Republic of Kazakhstan;

      income (revenue), derived from the implementation of monopolistic activity or violations of the laws of the Republic of Kazakhstan on electricity, natural monopolies and regulated markets, the legislation of the Republic of Kazakhstan, regulating the financial market and financial organizations;

      the amount of energy used in excess of the approved standards in the period in which the offence occurred, but no more than one year;

      the amount of unapplied domestic and foreign currency.

      If in the provided Articles of the special part of this section, the fine is a percentage of the transaction amount, held in violation of the financial laws of the Republic of Kazakhstan, and this operation is carried out in a foreign currency, conversion of the penalty amount in tenge is the official rate of the National Bank of Kazakhstan on the day of the imposition of administrative penalties.

      2. A fine imposed on an individual, except as described in the second indent of this part above shall not be less than one fifth of the monthly index.

      A fine imposed on an official or an individual entrepreneur, private notary, private bailiff, lawyer and legal entity, except as provided in the third paragraph above shall not be less than five monthly calculation indices.

      A fine imposed on a legal entity who is the subject of big business, can not be less than twenty monthly calculation indices.

      3. A fine imposed on an individual, except as provided in paragraph two of this subsection shall not exceed five hundred monthly calculation indices.

      A fine imposed on an official or an individual entrepreneur, private notary, private bailiff, lawyer and legal entity, except as provided in the third paragraph of this subsection shall not exceed one thousand monthly calculation indices.

      A fine imposed on a legal entity who is the subject of the big business, cannot exceed two thousand monthly calculation indices.

      4. Penalty calculated in accordance with the in the second indent of this part of this Article, may be set in excess of or less set the fines mentioned in this Article.

      5. The fine shall be collected in the state budget in the order specified by legislation.

      6. The assignment of legal entities to small or medium-sized business, large business is carried out in the manner prescribed by the law.

      Footnote. Article 48 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 No. 174, dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.01.2012 No. 542-IV (shall be enforced from 26.07. 2012), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 49. Paid seized of item, which appeared to be an instrument or subject of an administrative offence

      1. Paid seized item which appeared instrument or subject of an administrative offence is compulsory withdrawal based on the judge's decision and subsequent implementation in the manner provided for the enforcement of judgments. The proceeds from the sale of an Article of the amount transferred to a bailiff to the owner, less the cost to implement it.

      2. Paid exemption hunting weapons, ammunition and other hunting weapons cannot be applied to persons for whom hunting is the main legal source of income.

      3. Paid exemption may only apply for an intentional offence in the cases stipulated by the relevant Article of this section, as an administrative penalty.

      Footnote. Article 49 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 50. The confiscation of the object, which appeared to be an instrument or subject of an administrative offence, as well as the property obtained as a result of an administrative offence

      1. The confiscation of the object, which appeared instrument or subject of an administrative offence, as well as property obtained as a result of an administrative offence, is compulsory gratuitous circulation of the ownership of the state in accordance with legislation.

      Not an exception to the confiscation of illegal possession of a person who has committed an administrative offence, the item to be returned to its owner, or removed from service. Items taken out of circulation, subject to expropriation or destruction of the state.

      2. Forfeiture shall be subject only, owned by the infringer, unless otherwise provided in the special part of this Code.

      3. Confiscation of hunting weapons, ammunition to it and other permitted hunting and fishing cannot be applied to persons for whom hunting (fishing) are the main legal source of income.

      4. Confiscation is applied by the judge and may be imposed in cases where it is provided by the corresponding article of this section as an administrative sanction.

      Footnote. Article 50 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 51. Deprivation of special rights

      1. Deprivation of a special right granted to a specific person applies for a gross or systematic violation of rules for the use of this right.

      2. Deprivation of a special law right is applied by the judge.

      3. Period of deprivation of a special law cannot be less than one month and more than two years, except for the right to drive vehicles.

      3-1. Period of deprivation of the right to drive vehicles can be from six months to two years.

      3-2. Period of disqualification for driving under alcohol, drugs and (or) for abuse of intoxication can be from two to ten years.

      4. Disqualification from driving cannot be applied to individuals who use these facilities because of a disability, unless the control while intoxicated, evading the established order of examination for intoxication and leaving the said persons, in violation of the rules, scene of a traffic accident, in which they participate.

      5. Denial of the right of hunting, fishing, storage and carrying hunting rifles, ammunition to them and fishing gear cannot be applied to persons for whom hunting (fishing) are the main legal source of income, except for the systematic violation of rules for the use of this right.

      Footnote. Article 51 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 52. Deprivation of the license, a special permit, qualification certificate (certificate) or the suspension of its action on a particular activity or perform certain actions, including exclusion from the register

      Footnote. Title of Article 52 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

      1. Depriving individuals, entrepreneurs, private lawyers, private bailiffs, lawyers and legal entities of the license, a special permit, qualification certificate (certificate) for a specific activity or perform certain actions imposed by the judge for an administrative offence committed in the implementation of the said persons or committing certain actions specified in the license, special permits, certificates (certificate).

      2. Suspension of a license for a certain of activity or perform certain actions or suspension of a special permit, qualification certificate (certificate) is set for a period of up to six months.

      3. Is excluded by the law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006).

      4. Deprivation of the license to operate in the financial sector and the activities related to the concentration of financial resources, with the exception of credit bureau is made by the National Bank of the Republic of Kazakhstan on the grounds and in the manner established by the Laws of the Republic of Kazakhstan.

      5. Exclusion from the register of the authorized body on customs issues is conducted on the grounds and in the manner established by the customs legislation of the Republic of Kazakhstan, and the authorized body in the field of transport and communications on the grounds and in the manner established by the legislation of the Republic of Kazakhstan in the field of road safety.

      6. Exclusion from the register of microfinance institutions is made by the authorized body for the control and supervision of financial market and financial organizations on the grounds and in the manner prescribed by the legislation of the Republic of Kazakhstan on microfinance institutions.

      Footnote. Article 52 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 12.01.2007 No. 222 (shall be enforced upon expiry of six months from the date of its publication), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 24.01.2011 No. 399-IV (shall be enforced upon expiry of ten calendar days after the first official publication), dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 53. Suspension or prohibition of activities or certain activities of an individual entrepreneur or legal entity

      1. Suspension or prohibition of activities or certain activities of an individual entrepreneur or legal entity is provided only in court at the request of body (official) authorized to consider cases on administrative offences.

      2. Petition (suit) for suspension or prohibition of certain activities or an individual entrepreneur or legal entity is sent to the court in the manner and on the grounds established by the legislative acts of the Republic of Kazakhstan. The suit is considered by the court within ten days.

      3. The measure of an administrative penalty in the form of suspension of activities or certain activities of an individual entrepreneur or legal entity is used in cases where a violation is restored by removable carrying out the necessary actions (activities) within the time set by the court for their removal.

      4. Suspension or prohibition of activities or certain activities of an individual entrepreneur or legal entity without judgment allowed in exceptional cases for a period of three days with a mandatory presentation in this period a claim in court. In this act to ban or suspend or certain activities before the delivery of the judgment.

      5. (Is excluded - dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

      6. The suspension of the owner of the warehouse storage of their goods by an authorized body in the field of customs on the grounds and in the manner established by the customs legislation of the Republic of Kazakhstan.

      Footnote. Article 53 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 54. Forced demolition of illegally constructed buildings or the construction of buildings

      Forced demolition of illegally constructed or erected buildings is imposed by the judge in the cases provided by the Articles of the Special Part of this Section.

      Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 55. Administrative detention

      1. Administrative detention is imposed by a judge, in exceptional cases, to the extent provided in the Articles of the special part of this section, up to forty-five days.

      2. Is excluded by the law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006).

      3. Administrative detention cannot be applied to pregnant women and women with children under the age of fourteen years, to persons under eighteen years of age, the disabled groups I and II, as well as to women over the age of fifty-eight years and men over sixty-three years.

      4. Administrative detention period is included in the term of administrative arrest.

      Footnote. Article 55 as amended by the Laws of the Republic of Kazakhstan dated 25.09.2003 No. 484, dated 09.12.2004 No. 10, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 29.06.2007 No. 270 (shall be enforced upon expiry of ten days from the date of its publication), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 56. Administrative deportation from the Republic of Kazakhstan of foreigners and stateless persons

      1. Administrative deportation from the Republic of Kazakhstan, foreigners and persons without citizenship judge used as a measure of an administrative penalty in the manner and on the grounds set forth in the special part of this Code.

      The provisions of this part shall not apply to cases of expulsion of foreigners and stateless persons, carried out in the manner prescribed by the civil procedural legislation of the Republic of Kazakhstan.

      2. If, in the course of administrative proceedings, the person against whom the measure can be applied in the form of an administrative penalty of administrative expulsion from the Republic of Kazakhstan, will report on the committed against him the act, as defined in the Criminal Code of the Republic of Kazakhstan serious or especially serious crime, then review of an administrative case against the person is delayed until a decision on the application or post in accordance with Article 185 of the Criminal Procedure Code of the Republic of Kazakhstan.

      Footnote. Article 56 is in the wording of the Law of the Republic of Kazakhstan dated 02.03.2006 No. 131; as amended by the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 57. Measures of administrative and legal impact

      1. Any person who has committed an administrative offence, along with the imposition of an administrative penalty to prevent the commission of new offences that person may apply the following measures of administrative and legal impact:

      1) the test of knowledge of traffic rules;

      2) compulsory medical measures;

      3) establishment of special requirements for the behavior of the offender.

      2. Administrative measures of legal influence indicated in subparagraphs 1) and 2) of this Article may be used, along with the imposition of an administrative penalty, and instead the liberation of a person who committed an administrative offence from liability on the grounds specified in Articles 67, 68 of this Code.

      Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Article 58. Test the knowledge of traffic rules

      Vehicle drivers who commit offences under Articles 461 (part eight), 461-1 (second part), 462 (part four), 463 (part four), 463-1 (part three), 463-2 (part four) , 463-3 (part four), 463-4 (part four), 463-5 (part three), 463-6 (part two), 463-7 (part two), 463-8 (part two), 464 (part two) of this Code, are sent for the examination to test knowledge of the rules of the road.

      Resolution on the direction of the test knowledge of traffic rules is imposed by the bodies (officials) authorized to consider cases on administrative offences provided for by these articles of this Code.

      Footnote. Article 58 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 59. Application of compulsory medical treatment to patients with alcoholism, drug addiction or substance abuse, the violation was committed

      1. If a person recognized suffering from chronic alcoholism, drug addiction or substance abuse and evading voluntary treatment, the administrative offence, violate the rights of other individuals or the public order, the court, along with an administrative fine may assign compulsory treatment in the institution of public health.

      2. Term of compulsory treatment is determined with the advice of specialists in drug treatment, but cannot exceed two years.

      3. Termination of compulsory treatment is medical institution in which the person is being treated.

      Footnote. Article 59 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 59-1. Special requirements to the behavior of the offender

      1. When considering an administrative case at the request of the participants of the case on administrative offence and (or) of the Interior by the court can be set specific requirements for a person to have committed an administrative offence under Articles 79-1, 79-5, 111-1, 112, 332, 355-1 of this Code for a period of three months to one year, providing a full ban or separately:

      1) seek, pursue, attend victim, conduct oral, telephone and enter into contact with him in other ways;

      2) to acquire, store, carry and use firearms and other weapons.

      2. During the term of the special requirements for the behavior of the offender, the latter may be required to be in the internal affairs bodies of one to four times a month for preventive conversation.

      Footnote. Chapter 6 is supplemented with Article 59-1 in accordance with the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Chapter 7. Imposition of an administrative penalty

Article 60. General rules for imposition of penalty for an administrative offence

      1. Administrative penalty for an administrative offence shall be imposed to the extent provided in the article of this section for this administrative offence, in strict accordance with the provisions of this Code.

      2. Administrative penalty must be fair, appropriate to the nature of the offence, the circumstances of its commission, the offender.

      3. When imposing penalty on an individual, the nature of the administrative offence, the identity of the offender, including his behavior before and after the crime, property, circumstances mitigating and aggravating.

      4. In imposing an administrative penalty on a legal entity the nature of the administrative offence, property, mitigating and aggravating circumstances shall be taken into account

      5. Imposition of an administrative sanction shall not exempt a person from the duties for failure which was imposed a specified penalty, elimination of the violations and reparation.

      6. For an administrative offence may be imposed by one basic or primary and secondary (additional) administrative penalty.

Article 61. Circumstances mitigating the liability for an administrative offence

      1. Circumstances which mitigate the responsibility for the administrative offences, are:

      1) repentance of guilty;

      2) prevention by the person who committed an administrative offence, the harmful effects of the offence, voluntary compensation and removal of harm caused;

      3) committing an administrative offence under the influence of strong emotion or at the confluence of difficult personal or family circumstances;

      4) administrative offence by a minor;

      5) administrative offence by a pregnant woman or a woman with a child under the age of three years;

      6) administrative offence as a result of physical or psychological coercion;

      7) committing an administrative offence in violation of the conditions of validity of self-defense, the detention of a person who committed an unlawful assault, execution order or instruction;

      8) committing an administrative offence for the first time by negligence.

      2. The judge, body (official), considering the case of administrative offence, may recognize mitigating circumstances not specified in part one of this article.

      Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after the first official publication).

Article 62. Aggravating circumstances for administrative offence

      Circumstances which aggravate the responsibility for the administrative offences, are:

      1) continuation of the wrongful conduct, despite the clarification of the law by the prosecutor (or) the claim made by authorized persons to terminate it;

      2) re-commit during one year of homogeneous administrative offence for which the person has been subjected to administrative penalties on which the period, provided for in Article 66 of this Code has not expired;

      3) the involvement of minors in administrative offence;

      4) involvement in the commission of an administrative offence persons known to be suffering from a severe mental disorder, or persons under the age from which the administrative responsibility comes;

      5) committing an administrative offence by reason of national, racial or religious hatred or enmity, revenge for lawful actions of others, as well as to conceal another offence or facilitating its commission;

      6) committing an administrative offence against a person or his relatives in connection with the performance of that person's official, professional or social duty;

      7) administrative offence against a woman known to be in a state of pregnancy, and also against a minor, or other defenseless or helpless person, or a person who is dependent on the perpetrator;

      8) committing an administrative offence by a group;

      9) administrative offence in a natural disaster or other emergency;

      10) committing an administrative offence of drink, drugs or for abuse of intoxication. The judge, body (official), to impose administrative sanctions, depending on the nature of the administrative offence cannot deny this fact aggravating.

      Footnote. Article 62 as amended by the Law of the Republic of Kazakhstan dated August 9, 2002 No. 346.

Article 63. Imposition of administrative penalties for committing several administrative offences

      1. When one person commits two or more administrative offences administrative penalty is imposed for each offence separately.

      2. If a person has committed a number of administrative offences, which are considered by the same judge, body (official), in case of imposing sanctions on the person of the same kind of the final amount of recovery may not exceed three times the maximum limit prescribed by this Code for the species foreclosure. The maximum term of administrative detention in such cases cannot exceed thirty days, and administrative detention imposed for violation of the state of emergency, - forty five days.

      3. Where administrative penalties are expressed in percentage of the non-execution or executed improperly tax liability established by the legislative acts, upon application to the commission for a number of administrative offences, the penalty shall be collected for every administrative offence separately.

      Footnote. Article 63 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 64. Compensation for damage caused by an administrative offence

      1. The judge, in a case concerning an administrative offence which caused property damage, when deciding whether to impose administrative penalties simultaneously exacts such damage, if there is no dispute about its size.

      Disputes about the amount of property damage caused by an administrative offence shall be considered a civil action.

      2. Compensation for property damage in cases of administrative offences considered by other authorized bodies (officials), in the event of refusal by a guilty person from his voluntary compensation shall be made in civil proceedings.

      3. Requirements for protection of business reputation or moral damage caused by an administrative offence shall be considered on the grounds provided by the Civil Code of the Republic of Kazakhstan.

      Footnote. Article 64 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 65. Calculation of terms of an administrative penalty

      Period of administrative detention is calculated in days, and deprivation of the special rights granted to an individual or legal entity, as well as the withdrawal of the license (special permit, qualification certificate (certificate) or its suspension for a certain of activity or perform certain actions - for years, months or calendar days.

Article 66. The period during which a person is subject to administrative penalty

      The person upon whom the administrative penalty for an administrative offence is subjected to this penalty within one year from the closing date of execution of the decision to impose an administrative penalty.

Chapter 8. Exemption from liability and administrative penalties

Article 67. Exemption from liability in connection with the active remorse

      A person who has committed an administrative offence for the first time may be discharged by the judge, body (official) authorized to consider cases on administrative offences, from liability if the person of the offence voluntarily to make amends, or otherwise make amends for the harm offence.

Article 68. Exemption from liability for minor offence

      When harm of administrative offence is insignificant, the judge, body (official) authorized to consider cases on administrative offences, may release a person who has committed an administrative offence from liability, limiting the oral warning.

      Note. Insignificance of the administrative offence - it happens when, along with other circumstances taken into account the fact that the authorization provided for in the article of this section exceeds the amount of harm caused by an administrative offence.

Article 69. Exemption from liability in connection with the expiration of the statute of limitations

      1. A person shall not be subject to administrative responsibility within two months from the date of the administrative offence, and for administrative offence in the field of environmental protection - at the end of one year from the date of the commission, except as provided herein by this Code.

      2. An individual is not subject to administrative responsibility for administrative corruption offence and offence in the area of ??taxation, the Kazakhstan legislation on pensions, compulsory social security, on energy conservation and energy efficiency, natural monopolies and antitrust legislation after one year from the date of its commission and the legal entity (including individual entrepreneur) is not subject to administrative responsibility for administrative corruption offence and violations in Kazakhstan legislation on energy saving and energy efficiency at the end of three years after its commission, and the offence in taxation, the Kazakhstan legislation on pensions, compulsory social security, natural monopolies and antitrust law - five years after the date of its execution.

      3. At lasts an administrative offence, as well as an administrative offence in fiscal relations, encroaching on protected interests of society and the state, the publication and use of illegal and legal act for violation of state registration of legal acts the person is not subject to be brought to administrative responsibility at the end of two months after the discovery of an administrative offence.

      When an administrative offence in finance person is subject to be brought to administrative responsibility within five years from the date of an administrative offence, but cannot be brought to administrative responsibility within two months after the discovery of an administrative offence.

      4. The provisions of the first and third parts of this Article shall not apply to cases where an administrative offence contributed to the commission of the crime and it was announced during the investigation or trial of criminal cases. The court may in the manner provided by part one of Article 387 of the Criminal Procedure Code of the Republic of Kazakhstan, to impose on the person who is guilty of such an offence, an administrative penalty if after committing an administrative offence there was not a period more than one year.

      4-1. During the period of administrative penalties for administrative offences shall be suspended from the time the case was referred to the court or an official state body authorized to consider cases on administrative offences.

      Calculation of these periods resumed in cases of return business entity authorized to bring cases on administrative offences, to address shortcomings.

      5. In the event of a criminal investigation or the termination of a criminal case if the actions of the offender signs of administrative offence person may be brought to administrative responsibility within three months from the date of the decision not to initiate a criminal case or to end it.

      6. The period of imposition of penalty for an administrative offence is interrupted, if before the expiration date specified in the first and third paragraphs of this article, a person commits a new administrative offence. The term of these cases start with the discovery of new administrative offences.

      7. The decision of judge or the authorized body to terminate the administrative proceedings, regardless of the period provided for in the first part of this Article may be revised by the prosecutor during the year from the date of its entry into force.

      Note. Continuing offence is an offence, which is characterized by continuous implementation of the single specific offence under Article of the special part of this section and has not been completed by the time of its discovery.

      Footnote. Article 69 as amended by the Laws of the Republic of Kazakhstan dated 09.08.2002 No. 346, dated 25.09.2003 No. 484, dated 05.12.2003 No. 506, dated 09.12.2004 No. 10, dated 13.12.2004 No. 11 (shall be enforced from 01.01.2005 ), dated 07.07.2006 No. 174, dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication) , dated 13.01.2012 No. 542-IV (shall be enforced from 26.07.2012), dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 70. Exemption from liability and administrative penalties through amnesty

      1. A person who commits an administrative offence may be released from liability or the imposition of an administrative penalty on the basis of the amnesty, if it eliminates the use of administrative penalties.

      2. An act of amnesty issued by the Parliament of Kazakhstan for individually undetermined number of persons.

      Footnote. Article 70 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 71. Exemption from liability in connection with the change of conditions, disease

      A person who commits an act that contains elements of an administrative offence may be released from liability as a result of climate change, and disease, which prevents the execution of administrative punishment.

Article 71-1. Exemption from liability in connection with the reconciliation of the parties

      1. Cases of administrative offences provided for in Chapter 1.9, and Articles 85-3, 131, 136-2, 158, 158-1, 158-2, 174 (part three) of this Code, shall be instituted only upon application by the victim and subject to termination of his reconciliation with the person who committed the administrative offence.

      2. Reconciliation is based on a written agreement signed by the victim and the person who committed an administrative offence.

      Footnote. Chapter 8 is supplemented by Article 71-1 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006) as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 9. Administrative responsibility of minors

Article 72. Administrative responsibility of minors

      1. Minors who are subject to this chapter shall be persons who at the time of committing an administrative offence was sixteen, but under eighteen years of age.

      2. The minor has committed an administrative offence may be imposed an administrative penalty imposition of compulsory education measures.

      Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Article 73. Features of the application of administrative penalties for minors

      1. The amount of administrative fine imposed on a minor, cannot be less than one fifth of the monthly index, and cannot exceed ten monthly calculation indices regardless of the size of a fine under article of this Code.

      The penalty shall be paid by the existing property of a minor. In the absence of the minor’s property sufficient to pay the fine, the fine imposed on the parents or guardians.

      2. Deprivation of a special right can be imposed on minors for a period not exceeding one year.

      3. Others of administrative penalties (except for administrative detention), as well as measures of administrative and legal effects set out in Articles 45 and 57 of this Code shall apply to juveniles guilty of an administrative offence, on the same basis.

      Footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 74. Imposition of an administrative penalty on juvenile

      1. In imposing an administrative penalty for a minor, except for the circumstances provided for in Articles 61 and 62 of this Code shall be taken into account the conditions of his/her life and education, the level of mental development and other personal characteristics, and the impact on it of elder persons.

      2. Minor age as a mitigating factor is taken into account together with other mitigating and aggravating circumstances.

Article 75. Release of minors from liability and administrative penalties

      A juvenile who has committed an administrative offence for the first time may be released by the court body (official) authorized to consider cases on administrative offences, from liability or from the execution of that administrative penalty using to him education measures required by law.

      Footnote. Article 75 as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 76. Education measures

      1. Minors can be assigned the following educational measures:

      1) clarification of the law;

      2) transfer of the supervision of parents or persons in loco parents, or a specialized state body;

      3) the obligation to make amends for harm caused;

      4) restriction of leisure and special requirements to the behavior of the minor.

      2. A minor may be assigned multiple educational measures.

      3. Period for applying the education measures by clause 4) of this Article shall be established for up to three months.

      4. In the case of systematic failure to minors educational measures provided for in subparagraph 4) of this Section, a specialized state agency submits material to the court to decide on the abolition of the measure and to attract a minor administrative proceedings, unless the expiration of limitation established by part 1 of Article 703 of this Code.

      Footnote. Article 76 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 77. The content of education measures

      1. Clarification of the law is to clarify to a minor on the injury caused by his act, and the legal consequences of a return to the offences specified in this Code.

      2. Transfer of supervision is to entrust the parents or persons in loco parentis, or a specialized state agency responsibilities for educating a minor and control over his behavior.

      3. The obligation to make amends for the damage rests with the property of a minor and possession of appropriate labor skills.

      4. Restriction of leisure and special requirements to the behavior of the minor may include the prohibition to visit certain places, the use of certain forms of leisure activities, including those associated with driving, restrictions stay out after a certain time of day, travel to other areas without permission of the Commission for the Protection of Minors’ Rights. As a minor can be set specific requirements for the behavior of the offender under Article 59-1 of this Code, as well as required to complete the training or to find employment with the Commission on the Protection of Minors` Rights. This list is not exhaustive.

      Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Article 78. Periods of limitation

      The periods of limitation provided for in Article 69 of this Code, with the release of minors from liability or from the performance of the administrative penalty reduced by half.

Article 79. The period during which the minor is under the administrative penalties

      Minor, which is under the administrative penalty for an administrative offence is subject to this penalty within six months from the end of the execution of the order imposing penalty.

Special Part
Chapter 79-1. Administrative offences, enroching upon the person and in the sphere of family-domestic relations

      Footnote. It is supplemented by Chapter 9-1 by the Law of Republic of Kazakhstan dated December 9, 2004 No. 10. The Title is amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 79-1. Bodily blows

      Bodily blows or the commission of other coercive actions, which caused a physical pain, that did not result in the consequences, which are specified by Article 105 of the Criminal Code of the Republic of Kazakhstan, - entails a fine ranging from twenty to one hundred monthly calculation indices or the detention up to fifteen days.

Article 79-2. Infliction of harm to the health in affective state

      (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006)

Article 79-3. Infliction of harm to the health

      1. Negligent infliction of medium gravity harm to the health, if this act does not have evidence of criminally punishable act, - entails a fine ranging from fifty to one hundred and fifty monthly calculation indices or administrative detention up to fifteen days.

      2. Intentional infliction of light harm to the health that resulted in short impairment of the health or insignificant persistent loss of general capacity to work, - entails a fine ranging from fifty to three hundred monthly calculation indices or administrative detention up to forty five days.

      Footnote. Article 79-3 is in the wording of the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 79-4. Infection with the veneral disease

      Infection of another person with the venereal disease by a person, knowing that he had the disease, if this act does not have evidence of criminally punishable act,- entails a fine ranging from fifty to two hundred monthly calculation indices or the detention up to fifteen days.

Article 79-5. Illegal acts in the sphere of family-domestic relations

      1. Swear words, offensive harassment, humiliation, damage of the household articles and other acts, that express disrespect towards the citizens, who are in the family-domestic relationship with the delinquent, which caused a disturbance of their peace, that are committed within limits of free-standing residential building or the apartment, if these acts do not have evidence of criminally punishable act, - entails a fine ranging from one to three monthly calculation indices or the administrative detention for a period up to ten days.

      2. The Acts are specified by the first part of this article, that are committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine ranging from three to five monthly calculation indices or the administrative detention for a period from ten to fifteen days.

      Explanatory note: The Family-domestic relations are regarded as the following relations between the persons who:

      live or lived together;

      are married ;

      are former spouses;

      are close relatives.

      Footnote. Chapter 9-1 is supplemented by Article 79-5 in accordance with the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008).

Article 79-6. Malicious evasion of alimentation of incapable of work marital partner

      Malicious evasion for more than three months by an employable person of payment of finances under the court decision for alimentation of incapable of work and who is in need of financial assistance of marital partner entails a fine ranging from one hundred to three hundred monthly calculation indices or the administrative detention up to thirty days.

      Footnote. Chapter 9-1 is supplemented by Article 79-6 in accordance with the Law of the Republic of Kazakhstan dated18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Chapter 10. Administrative offences, encroaching upon the rights of a person

Article 80. Obstruction of receiving citizenship of the Republic of Kazakhstan

      Commission of illegal acts by an official that impede to receive the citizenship of Kazakhstan by a person who permanently lives in the territory of the Republic of Kazakhstan, - entails a fine ranging from ten to thirty monthly calculation indices.

Article 81. Liability for the violation of the legislation on languages

      Refusal of an official to accept the documents, application or a complaint, as well as non-consideration of them in merits, which is motivated by the ignorance of the language,- entails a fine ranging from ten to twenty monthly calculation indices.

Article 82. Restriction of the rights of individuals in choosing the language

      Restriction of the rights of individuals in choosing the language, discrimination owing to the language characteristics, - entails a fine on the officials ranging from five to twenty monthly calculation indices.

      Footnote. Article 82 is supplemented by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 83. Restriction of the rights of free movement and choice of abiding place

      Action or an act of omission of the officials, that restricts the right of individuals on the freedom of movement and the choice of abiding place (except for the frontier zones, prohibited areas along with the arsenals, entrepots and storages of the Armed forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan and prohibited areas along with the arsenals, entrepots and storages of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan and distinct regions, where the restrictions may be imposed by the Government of the Republic of Kazakhstan), if it is not connected with the accusation of committing a crime, - entails a fine ranging from five to ten monthly calculation indices.

      Footnote. Article 83 as supplemented by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 83-1. Obstruction of the activity of public associations

      Obstruction of the legal activity of public associations by an official with the appropriation of his corporate opportunities, and equally interference with the legal activity of these associations, which is committed by an official with the appropriation of his corporate opportunities, that resulted in a considerable infringement of their rights and legitimate interests, - entails a fine ranging from two hundred to five hundred monthly calculation indices or the administrative detention up to forty five days.

      Footnote. The Code is supplemented by Article 83-1 in accordance with Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 84. Refusal of granting information to a individual and equally restriction of a right to access for the information resources

      1. Unjustifiable refusal of granting of assembled in the established procedure documents, information, directly involving the rights and liberties of a individual, or granting of incomplete or knowingly false information, and equally unjustifiable attribution of publicly available information to the information with limited access, that do not have evidence of criminally punishable act, - entails a fine on the officials ranging from five to ten monthly calculation indices.

      2. Illegal restriction of a right access for the information resources, - entails a fine on the individuals ranging from five to ten, on the officials, individual proprietors, juridical persons, who are the subjects of small or medium-sized entrepreneurship ranging from ten to fifty, on the juridical persons, who are the subjects of major entrepreneurship ranging from twenty to one hundred monthly calculation indices.

      3. Commission of acts by an official, that are specified by the first and second parts of this Article, if these acts caused a harm to the rights and legitimate interests of individuals, - entails a fine ranging from twenty to one hundred monthly calculation indices.

      Footnote. Article 84 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 85. Nonobservance of the procedure, standards and defective administering of medical aid

      1. Nonobservance or improper performance of professional duties by a medical worker as a result of negligent or unconscientious attitude to it, if it is resulted or could have resulted in an infliction of light harm to the health, -entails a fine on the individuals in the amount of ten, on the officials in the amount of twenty monthly calculation indices.

      2.Nonobservance of the procedure of administering a medical aid, if it resulted or could have resulted in an infliction of the light harm to the health, -entails a fine on the individuals in the amount of five, on the officials in the amount of ten, on the juridical persons in the amount of fifty monthly calculation indices.

      3.Nonobservance of the standards of administering a medical aid, which is approved by the authorized agency in the field of the health care service, if it resulted or could have resulted in an infliction of the light harm to the health, -entails a fine on the individuals in the amount of five, on the officials in the amount of ten, on the juridical persons in the amount of fifty monthly calculation indices.

      4.The same act which is committed repeatedly during a year after the imposition of an administrative penalty, that is specified by the first, second and third parts of this Article, - entails a fine on the individuals in the amount of twenty monthly calculation indices with the suspension of validity of a license and deprivation of professional certificate, on the officials in the amount of forty monthly calculation indices with the suspension of validity of a license, on juridical persons in the amount of one hundred monthly calculation indices with the suspension of validity of a license or with the suspension or the deprivation of accreditation certificate.

      5. Commission of an act which is specified by the second and third parts of this Article, if it could be resulted in an infliction of medium gravity or serious harm to the health and if this act does not have evidence of criminally punishable act, - entails a fine on the individuals in the amount of twenty monthly calculation indices with the deprivation of license and professional certificate, on the officials in the amount of fifty monthly calculation indices with the deprivation of license, on the juridical persons in the amount of one hundred monthly calculation indices with the deprivation of license.

      Footnote. Article 85 is in the wording of the Law of the Republic of Kazakhstan dated July 7, 2006 No.171 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 85-1. Violation of the rules of issue of the list or the certificate of temporary incapacity for work by a medical worker

      1. Violation of the rules of issue of the list or the certificate of temporary incapacity for work, if this act does not have evidence of criminally punishable act, - entails a fine on the individuals ranging from five to ten monthly calculation indices, on the officials ranging from ten to twenty monthly calculation indices.

      2. The same act, which is committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine on the individuals ranging from ten to twenty monthly calculation indices with the deprivation of professional certificate, on the officials ranging from twenty to fifty monthly calculation indices.

      Footnote. The Chapter is supplemented by Article 85-1 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 85-2. Violation of the rules of writing out the prescriptions and implementation of pharmaceutical products by a medical worker

      1. Violation of rules of writing out the prescriptions and implementation of pharmaceutical products by a medical worker, - entails a fine on the individuals in the amount up to five monthly calculation indices, on the officials - ranging from five to ten monthly calculation indices.

      2. The same acts which are committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine on the individuals ranging from five to ten monthly calculation indices with the deprivation of professional certificate, on the officials ranging from ten to twenty monthly calculation indices.

      Footnote. The Chapter is supplemented by Article 85-2 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 85-3. Divulgence of the medical secret

      Divulgence of information by a medical worker without professional or official necessity about the disease or the results of medical certification of a patient entails a fine ranging from two hundred to five hundred monthly calculation indices or the administrative detention up to thirty days.

      Footnote. The Code is supplemented by Article 85-3 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 86. Dissemination of the information of guiltiness in committing a crime

      Public dissemination of the information of guiltiness of a person in committing a crime to the consideration of case by the court or upon the availability of acquitting judgment, -

      entails a fine on the legal entities ranging from three to ten, on officials, individual entrepreneurs, legal entities who are the subjects of small or medium-sized entrepreneurship, - entails a fine on the individuals ranging from three to ten, on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations ranging from ten to thirty, on the juridical persons, who are the subjects of major entrepreneurship, ranging from fifty to one hundred monthly calculation indices.

      Footnote. Article 86 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 86-1. Divulgence of the information of a person’s private life, who has suffered from domestic violence

      Illegal accumulation and (or) dissemination of information of a person’s private life, who has suffered from domestic violence, composing his private or family secrecy, without his consent, if these acts do not have evidence of criminally punishable act, - entails a fine in the amount of ten monthly calculation indices.

      Footnote. The Code is supplemented by Article 86-1 in accordance with the Law of the Republic of Kazakhstan dated 04.12.2009 No. 215-IV (the order of enforcement see Art. 2).

Article 87. Violation of labor legislation of the Republic of Kazakhstan

      1. Violation of labor legislation of the Republic of Kazakhstan by an employer or an officials, except for the acts, which are specified by the third part of this article, - entails a fine on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from five to ten, on the legal entities, who are the subjects of large entrepreneurship ranging from twenty to twenty five monthly calculation indices.

      2. Act (act of omission), that is specified by the first part of this article, which is committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine on the official, individual proprietors, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations ranging from twenty five to thirty monthly calculation indices.

      3. Non-payment of salary by an employer in full scale and within the time limits, which are established by the labor legislation of the Republic of Kazakhstan, and equally non-accrual and non-payment of forfeit for the period of delay in payment, - entails a fine ranging from twenty to fifty monthly calculation indices.

      4. Acts (inaction), that are specified by the third part of this article, and which are committed repeatedly during a year after the imposition of an administrative penalty, - entail a fine ranging from one hundred to two hundred monthly calculation indices.

      Explanatory notes.

      1. An employer is admitted as a legal entity in this Code, who is represented by its director (administration), or a individual, with whom an employee is in labor relationship.

      2. The officials, above noted in the first and second parts of this Article, are regarded as the directors of executive bodies and other organizations, if the organizations which are headed by them delayed in issue (transfer) of funds in the payment of a salary.

      Footnote. Article 87 is in the wording of the Law of the Republic of Kazakhstan dated May 15, 2007 No. 253; as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 87-1. Violation of the legislation on the invalid social protection

      Violation of the legislation concerning the social protection of the invalids by the officials and legal entities, except for the cases, that are specified by the Chapter 18 of this Code, - entails a fine on the official ranging from twenty to forty, on the legal entity, who is the subject of small or medium-sized entrepreneurship ranging from seventy to two hundred, on the legal entity, who is the subject of major entrepreneurship ranging from two hundred to four hundred monthly calculation indices.

      Footnote. Supplemented by Article 87-1 by the Law of the Republic of Kazakhstan dated April 13, 2005 No. 40 (shall be enforced from January 1, 2005); as amended dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 87-2. Violation of the legislation of the Republic of Kazakhstan on special social services

      1. Violation of the legislation of the Republic of Kazakhstan of special social services, that is committed in the form of:

      violation of the established terms of the conduct of assessment and evaluation of the necessity in granting of special social services, rendering of the decision of granting the guaranteed extent of special social services;

      non-fulfillment of the decision of granting the guaranteed extent of special social services, - entails a fine on the officials, individual entrepreneurs in the amount of twenty, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations in the amount of forty, on the legal entities, who are the subjects of major entrepreneurship in the amount of sixty monthly calculation indices

      2. The Acts are specified by the first part of this article, which are committed repeatedly during a year after the imposition of an administrative penalty, - entail a fine on the officials, individual proprietors in the amount of thirty, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations in the amount of fifty, on the legal entities, who are the subjects of major entrepreneurship in the amount of eighty monthly calculation indices.

      3. The same acts, which are committed repeatedly during a year after the expiry of the period of an administrative penalty, that is specified by the second part of this article - entail a fine on the officials, individual entrepreneurs in the amount of fifty, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or non-commercial organizations in the amount of eighty, on the legal entities, who are the subjects of major entrepreneurship in the amount of one hundred and twenty monthly calculation indices.

      Footnote. Chapter10 is supplemented by Article 87-2 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2008 No. 115-IV (shall be enforced from 01.01.2009); as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 87-3. Impeding to the legal activity of representatives of employers

      Impeding to the legal activity of the representatives of the employers by an officials with the appropriation of his corporate opportunities, and equally the interference with their legal activity, which is committed by an officials with the appropriation of his corporate opportunities, that resulted in a considerable infringement of their rights and legitimate interests - entails a fine ranging from two hundred to five hundred monthly calculation indices or the administrative detention up to thirty days.

      Footnote. The Code is supplemented by Article 87-3 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 87-4. Violation of labor protection rules

      Violation of safety rules, industrial hygiene or other labor protection rules, which is committed by a person, who had organization responsibilities or these rules enforcement that negligently resulted in infliction of medium gravity harm to the health, - entails a fine ranging from three hundred to five hundred monthly calculation indices or the administrative detention up to forty five days.

      Footnote. The Code is supplemented by Article 87-4 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 87-5. Divulgence of the information by the participants of mediation that became known in the course of conducting the mediation

      Divulgence of the information by the participants of the mediation that became known in the course of conducting the mediation, without the consent of the party that has provided this information, if this act does not have evidence of criminally punishable act, entails a fine in the amount of twenty monthly calculation indices.

      Footnote. The Code is supplemented by Article 87-5 in accordance with the Law of the Republic of Kazakhstan dated 28.01.2011 No. 402-IV (shall be enforced from 05.08.2011).

Article 88. Violation of the legislation of the Republic of Kazakhstan on pension provision

      1. Violation of the order of agreements conclusion of pension provisions, periods of the implementation of pension payments, remittance and withdrawal by the Pension Savings Fund which are established by the legislation of the Republic of Kazakhstan of pension provision, entails a fine on the officials in the amount of two hundred, on the juridical persons in the amount of four hundred monthly calculation indices.

      1-1. Failure to present, untimely presentation of the information by the Pension Savings Funds to the Center of pensions payment of the concluded and terminated contracts with the depositors of pension provision on account of compulsory pension contributions, and equally granting of inaccurate information of concluded and terminated contracts with the depositors of pension provision on account of compulsory pension contributions, - entails a fine on the officials in the amount of fifty monthly calculation indices, on the legal entities in the amount of one hundred monthly calculation indices.

      1-2. The Acts are specified by the part 1-1 of this article, which are committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine on the officials in the amount of one hundred monthly calculation indices, on the legal entities in the amount of two hundred monthly calculation indices.

      2. Non-fulfillment of duties that are specified by the legislation of the Republic of Kazakhstan of pension provision, on the payment of pensions in full scale and in the established periods by the officials of the Center on payment of pensions, - entails a fine in the amount up to twenty monthly calculation indices.

      3. Non-fulfillment or the improper fulfillment of duties by a individual, individual entrepreneur, private notary, private officer of justice, attorney, legal entity or his official, that are specified by the legislation of the Republic of Kazakhstan of pension provision, that is committed in the form of:

      non-presentation to the tax agency lists of the depositors of Pension Savings Funds, in favor of whom debt is vindicated on compulsory pension contributions;

      non-presentation to the tax agencies of calculations on calculated, retained (accrued) and enumerated sums of compulsory pension contributions within the periods, which are established by the legislation of the Republic of Kazakhstan of pension provision;

      non-maintaining of the primary records of calculated, retained (accrued) and enumerated compulsory pension contributions individually to every employer in accordance with the procedure, that is established by the legislation of the Republic of Kazakhstan;

      non-presentation of the information to the depositors of calculated, retained (accrued) and enumerated compulsory pension contributions within the periods which are established by the legislation of the Republic of Kazakhstan of pension provision;

      untimely and (or) incomplete calculation, retention (accrual) and (or) payment (transfer) of compulsory pension contributions to the pension savings funds,

      non suspension of all debit operations on the payment office on the instruction of the tax agencies in cases, that are specified by the legislation of the Republic of Kazakhstan of pension provision, -

      entails a fine on the individuals in the amount of fifteen, on the officials, individual entrepreneurs, private notaries, private officers of justice, attorneys in the amount of thirty, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations in the amount of seventy-five, on legal entities, who are the subjects of major entrepreneurship in the amount of one hundred and fifty monthly calculation indices.

      4. The acts are specified by the third part of this Article, which are committed repeatedly during a year after the imposition of the administrative penalty, - entails a fine on the individuals in the amount of thirty, on the officials, individual entrepreneurs, private notaries, private officers of justice, attorneys in the amount of sixty, on legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, in the amount of two hundred, on the legal entities, who are the subjects of major entrepreneurship in the amount of three hundred monthly calculation indices.

      5. Non-fulfillment of the duties by the banks and organizations, which carry out separate kinds of bank operations that are established by the legislation of the Republic of Kazakhstan of pension provision, which is committed in the form of:

      non-suspension of all debit operations on the bank accounts of agents- juridical persons or individual entrepreneurs, private notaries, private officers of justice and attorneys owing to the instruction of tax agencies in cases, that are specified by the legislation of the Republic of Kazakhstan of pension provision;

      non-transfer (non-deposits), untimely transfer (later the day of the commission of operations on debiting of money from the bank accounts or the next day deposition of money in cash to the bank or to the organization, that carries out particular kinds of bank operations) or the commission of errors during the filling of the requisites of the payment document due to the fault of the bank or the organization, that carries out particular kinds of bank operations, during the remittance of an amount of compulsory pension contributions and penalties to the Center of pension payment;

      non-fulfillment of the collection orders of tax agencies on the levy of sums of compulsory pension contributions and penalties in accordance with the procedure, that is established by the legislation of the Republic of Kazakhstan, - entails a fine on the officials in the amount of thirty monthly calculation indices, on the legal entities in the amount of five percent from the sum of committed debit operations on bank accounts of agents for the period of non-fulfillment of duties, that are established by the legislation of the Republic of Kazakhstan of pension provision.

      6. Announcement or the publication by the pension savings fund in mass media of the advertisement that does not correspond to the actuality on the day of publication, - entails a fine in the amount of two hundred monthly calculation indices.

      7. Nonconformity of investment policy statement of pension savings fund to the requirements that are specified by the legislation of the Republic of Kazakhstan of pension provision, to its content, - entails a fine on the officials in the amount of fifty, on the legal entities in the amount of one hundred monthly calculation indices.

      Footnote. Article 88 is in the wording of the Law of the Republic of Kazakhstan dated 13.12.2004 No. 11 (shall be enforced from 01.01.2005); as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 11.12.2006 No. 201 (shall be enforced from January 1, 2007); dated 20.11.2008 No. 88-IV (the order of enforcement see Art. 2); dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010); dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days upon its first official publication); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 88-1. Violation of the legislation of the Republic of Kazakhstan on compulsory social insurance

      1. Nonpayment of the social payments due to the fault of the officials of the State fund of the social insurance and the Center on the payment of pensions within the periods, that are established by the legislation of the Republic of Kazakhstan of compulsory social insurance, - entails a fine on the officials in the amount up to twenty monthly calculation indices.

      2. Non-fulfillment or improper fulfillment by the individual entrepreneur, private notary, private officer of justice, attorney, legal entity or his officials of duties that are specified by the legislation of the Republic of Kazakhstan of compulsory social insurance that is committed in the form of:

      failure to present to the tax agency the list of participants of the system of the compulsory social insurance, for whom the social expenditures are carried out;

      untimely and (or) partial payment (transfer) of social expenditures and penalties;

      non-suspension of all debit operations on the payment office on the instruction of the tax agencies in cases, that are specified by the legislation of the Republic of Kazakhstan of compulsory social insurance, -

      entails a fine on the officials, individual entrepreneurs, private notaries, private officers of justice, attorneys in the amount of thirty monthly calculation indices, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, in the amount of thirty, on the legal entities, who are the subjects of major entrepreneurship, in the amount of fifty percent from the sum of non-enumerated (untimely enumerated) social expenditures.

      3. Non-fulfillment of duties which are established by the legislation of the Republic of Kazakhstan of compulsory social insurance by the banks and organizations, which carry out particular kinds of bank operations, that is committed in the form of:

      non suspension of all debit operations on bank accounts of payers- juridical persons or individual entrepreneurs, private notaries, private officers of justice and attorneys on the instruction of the tax agencies in cases, that are specified by the legislation of the Republic of Kazakhstan of compulsory social insurance;

      non-transfer (non-deposits), untimely transfer (later the day of the commission of operations on debiting of money from the bank accounts or the next day deposition of money in cash to the bank or to the organization, that carries out particular kinds of bank operations) or the commission of errors during the filling of the requisites of the payment document due to the fault of a bank or the organization, that carries out particular kinds of bank operations, during the remittance of an amount of social expenditures and penalties to the Center of pension payment;

      non-fulfillment of the collection orders of the tax agencies on the levy of amounts of social expenditures and penalties in accordance with the procedure, which is established by the legislation of the Republic of Kazakhstan, - entails a fine on the officials in the amount of thirty monthly calculation indices, on the juridical persons in the amount of five percent from the sum of committed debit operations on bank accounts of payers for the period of non-fulfillment of duties, that are established by the legislation of the Republic of Kazakhstan of compulsory social insurance.

      Footnote. The Code is supplemented by Article 88-1 in accordance with the Law of the Republic of Kazakhstan dated 08.04.2004 No. 542 (shall be enforced from 01.01.2005); as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 11.12.2006 No. 201 (shall be enforced from 01.01.2007); dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 89. Violation of the safety ensuring rules and labor protection

      1. Violation of the labor legislation of the Republic of Kazakhstan by an employer or an officials, that did not result in the infelicitous occasion, -

      entails a fine on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from twenty to forty, on the legal entities, who are the subjects of major entrepreneurship ranging from fifty to one hundred monthly calculation indices.

      2. The acts are specified by the first part of this Article, which are committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or non-commercial organizations, ranging from forty to sixty, on the legal entities, who are the subjects of major entrepreneurship ranging from one hundred to one hundred and fifty monthly calculation indices.

      3.Failure to perform duties by an officials on the control and the supervision of the compliance of the labor legislation of the Republic of Kazakhstan, if it resulted in infelicitous occasion with an infliction of light harm to the health of an employee or knowingly created the danger for his life and the health, - entails a fine ranging from twenty to fifty monthly calculation indices.

      Footnote. Article 89 is in the wording of the Law of the Republic of Kazakhstan of January 20, 2006 No. 123 (shall be enforced from January 1, 2006). The Article is supplemented by the Law of the Republic of Kazakhstan dated May 15, 2007 No. 253.

Article 90. Evasion of the participation in the negotiations under the collective contract, agreement

      Evasion of the participation in the negotiations under the conclusion, change or the supplement of the collective contract, agreement or non-observation of the time of the conduct of within-named negotiations, non-provision of the work of the appropriate commission in the determined by the parties time, - entails a fine on the persons, who are empowered to conduct the negotiations, ranging from two hundred to five hundred monthly calculation indices.

      Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated May 15, 2007 No. 253.

Article 91. Unjustified refusal from the conclusion of the collective contract, agreement

      Unjustified refusal from the conclusion of the collective contract, agreement, - entails a fine on the persons, who are empowered to conclude the collective contract, agreement, ranging from two hundred to five hundred monthly calculation indices.

      Footnote. Article 91 as amended by the Law of the Republic of Kazakhstan dated May 15, 2007 No. 253.

Article 92. Non-fulfillment or the breach of the collective contract, agreement

      Non-fulfillment or the breach of obligation under the collective contract, agreement, - entails a fine on the persons, who are guilty of the non-fulfillment of obligations under the collective contract, agreement, ranging from two hundred to five hundred monthly calculation indices.

      Footnote. Article 92 as amended by the Law of the Republic of Kazakhstan dated May 15, 2007 No. 253.

Article 93. Failure to provide the information that is necessary for the conduct of the collective negotiations and the implementation of the control for the fulfillment of the collective contracts, agreements

      Failure to provide the information that is necessary for the conduct of the collective negotiations and the implementation of the control for the fulfillment of the collective contracts, agreements, - entails a fine on the persons, who are guilty of the non-presentation of the information, ranging from fifty to one hundred monthly calculation indices.

      Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated May 15, 2007 No. 253.

Article 94. Violation of the legislation of the employment of population

      1. Violation of the legislative and other normative legal acts of the employment of the population by the individuals or legal entities, - entails a fine ranging from eight to ten monthly calculation indices.

      2. Acts (inaction), that are specified by the first part of this Article, which are committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine ranging from ten to twenty monthly calculation indices.

      Footnote. Article 94 as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 95. Impeding to the exercise of the equal right on the access to the state service

      Demanding of the requirements to the candidate on the post of a public officer, that are not specified by the legislation, and qualification requirements that are not affirmed in the established procedure, - entails a fine on the officials ranging from five to ten monthly calculation indices.

Article 96. Handling of lodged complaint in prejudice of an individual or a legal entity

      Footnote. Article 96 as amended by the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

      Handling of a complaint in prejudice of the individual or legal entity, who has lodged a justified complaint, or on behalf of whom it was lodged, - entails a fine on the officials ranging from five to ten monthly calculation indices.

      Footnote. Article 96 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 97. Enforcement to the participation or to the refusal from the participation in a strike

      Enforcement to the participation or to the refusal from the participation in a strike with the use of dependent state of an enforced person, - entails a fine on the individuals ranging from five to ten, on the officials ranging from ten to twenty monthly calculation indices.

      Footnote. Article 97 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Chapter 11. Administrative offences, encroaching upon the electoral rights of citizens

Article 98. Failure to provide the necessary information and materials by the officials to the election commission (referendum commission) or non-fulfillment of commission decisions

      Failure to provide information and materials to the election commission (referendum commission) by the officials that is necessary for its work or the non-fulfillment by them a commission decision, which was taken within its powers, - entails a fine ranging from ten to twenty monthly calculation indices.

Article 99. Conduct of agitation at a prohibited time

      Conduct of agitation in connection with election (republican referendum) at a prohibited time by the legislation of the Republic of Kazakhstan, - entails a fine on the citizens ranging from ten to fifteen, on the legal entities ranging from twenty five to thirty five monthly calculation indices.

      Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 99-1. Impeding to a right to conduct pre-election campaign

      Impeding to the presidential candidates, candidates for deputies or for other elective posts, their authorized delegates, political parties in a process of an exercise by them a right to conduct pre-election campaigning. -

      entails a fine on the citizens ranging from ten to fifteen, on the officials ranging from fifteen to twenty five, on the legal entities - ranging from twenty five to thirty five monthly calculation indices.

      Footnote. Supplemented by Article 99-1 by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 100. Dissemination of knowingly false information on the candidates, political parties

      Dissemination of knowingly false information on the candidates, political parties or the commission of other acts, discrediting their honor and dignity, with a view of an influence on the electoral outcome, - entails a fine on the citizens ranging from fifteen to twenty five, on the officials ranging from twenty five to thirty five, on the legal entities - ranging from thirty five to fifty monthly calculation indices.

      Footnote. Article 100 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 101. Violation of the rights of a member of election commission (referendum commission) of the authorized delegate and the observer

      Violation of the rights of a member of the electoral commission which are established by the Law (referendum commission), authorized delegates of the candidates, political parties and the observers at the elections, entails a fine ranging from fifteen to thirty five monthly calculation indices.

      Footnote. Article 101 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 102. Violation of the right of citizens on the familiarization with the list of the electors

      Violation by a member of electoral commission (referendum commission) of citizens right on the familiarization with the list of the electors(electoral delegates, list of persons, that have a right to participate in the Republican Referendum) or non-consideration in the established by the legislation period of the application of inaccuracy in the list of electors, or the refusal to give a citizen a copy of the decision in written form with the exposure of motives of deviation of an application of making amendments in the list of electors (electoral delegates, list of persons, who have a right to participate in the republican referendum), or the non-fulfillment of the court decision of correcting a list of electors (electoral delegates, list of persons, who have a right to participate in the referendum), in the established period - entails a fine ranging from ten to twenty monthly calculation indices.

Article 102-1. Presentation of inaccurate information of the electors, as well as the lists of the electors

      1. Presentation by the officials to the local executive agencies inaccurate information of the electors for the composing of the lists of the electors - entails a fine ranging from ten to twenty five monthly calculation indices.

      2. Presentation of the inaccurate lists of the electors by the officials of the local executive agencies to the corresponding electoral commission - entails a fine from twenty five to thirty monthly calculation indices.

      Footnote. Supplemented by Article 102-1 by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 102-2. Violation of a requirement of an equal electoral right

      Violation of a requirement of an equal electoral right by means of voting two or more times or for another elector, entails a fine ranging from ten to twenty five monthly calculation indices.

      Footnote. The Code is supplemented by Article 102-2 in accordance with the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Art.2).

Article 102-3. Implementation of an activity by the foreigners, stateless persons, foreign legal entities and international organizations that impedes and (or) assists to the nomination and election of candidates, political parties, that have nominated a party list, achievement of a certain result on the election

      Implementation of an activity by the foreigners, stateless persons foreign legal entities and international organizations that impedes and (or) assists to the nomination and election of candidates, political parties, that have promoted a party list, achievement of a certain result on the election, - entails a fine on the individuals ranging from twenty to thirty monthly calculation indices with an administrative expulsion outwards the Republic of Kazakhstan or without it, on the juridical persons ranging from four hundred to one thousand monthly calculation indices.

      Footnote. The Code is supplemented by Article 102-3 in accordance with the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Art. 2).

Article 103. Delivery of the ballot-papers to the citizens (ballots for the voting) for the purposes of granting them an opportunity of voting for other persons

      Delivery of ballot-papers to the citizens by a member of electoral commission (referendum commission) for the purposes of granting them an opportunity of voting for other persons - entails a fine ranging from fifteen to twenty five monthly calculation indices.

      Footnote. Article 103 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 104. Refusal of an employer of granting leave for the participation in the election (Republican referendum)

      Refusal of an employer of granting to the registered candidate for deputy or for another elective post or to the member of electoral commission that is specified by legislative acts leave for the participation in the preparation and conduct of election to the public bodies, administration and to the local government bodies (republican referendum) - entails a fine ranging from ten to twenty five monthly calculation indices.

Article 105. Violation of the conditions of conduct of pre-election campaigning through mass media

      Violation by an editor-in-chief, journalist, official of the editorial staff of mass media the violation of conduct of pre-election campaign, that are specified by the electoral legislation (legislation of republican referendum), - entails a fine on the citizens and on the officials ranging from twenty to thirty, on the legal entities ranging from thirty to sixty five monthly calculation indices.

      Footnote. Article 105 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 106. Production or dissemination of anonymous campaign materials

      Production or dissemination in a period of preparation and conduct of elections to the public bodies and to the local government bodies (republican referendum) of agitation printed and electronic materials, not containing information of the organizations, place of the printing, circulation and of persons, who are responsible for its publication, - entails a fine ranging from ten to twenty five monthly calculation indices.

Article 107. Intentional destruction, damage or campaign materials

      Intentional destruction, damage of campaign materials of candidates for deputies or for another elective post, that were posted with the consent of an owner or another proprietor on the buildings, constructions or other objects, -

      entails a fine ranging from ten to fifteen monthly calculation indices.

      Footnote. Article 107 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 108. Failure to present or to publish reports of expenditures of finances for the preparation and conduct of the election (Republican referendum)

      Failure to present an information of an amount of incomes (donations) to the electoral funds and of the sources of creating electoral funds by a candidate, a person, who is elected to be a deputy or for another elective post, or by a political party as well as the report of the use of finances of electoral fund, - entails a fine on a candidate, a person, who is elected to be a deputy or for another elective post, in the amount up to fifteen, on the legal entity juridical person in the amount up to fifty five monthly calculation indices.

      Footnote. Article 108 as amended by the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 108-1. Financing of an electoral campaign or rendering of another material aid, apart from the electoral funds

      Rendering of financial or another material aid to the candidates, political parties that have promoted party lists, apart from their electoral funds, - entails a fine on the citizens ranging from fifteen to twenty five, on the legal entities - ranging from thirty to fifty monthly calculation indices.

      Footnote. Supplemented by Article 108-1 in accordance with the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 109. Acceptance of donations by a candidate for the elective state post or by a political party from foreign states, organizations, citizens and stateless persons

      Acceptance of donations in any form by a candidate for deputy or for another elective state post or by a political party from the foreign state, international organization or international public association, foreign state bodies, foreigners and legal entities, created in accordance with the legislation of another state, as well as the stateless persons, - entails a fine on the candidate for deputy or for another elective post ranging from twenty to fifty, on a legal entity ranging from fifty to one hundred monthly calculation indices with the confiscation of items of the donation.

      Footnote. Article109 as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 109-1. Rendering of services by the individuals and legal entities to the candidates, political parties without their written consent

      Rendering of services by the individuals and legal entities to the candidates, political parties in connection with their pre-election activity without their written consent - entails a fine on the citizens ranging from ten to twenty, on the legal entities in the amount up to fifty monthly calculation indices.

      Footnote. Supplemented by Article 109-1 in accordance with the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Article 110. Failure to present or to publish the information on voting results or the election results

      1. Failure to present information of voting results by a chairman of precinct election commission for the familiarization to an authorized delegate of a candidate, a representative of mass media, an observer, that are compulsory for granting in accordance with the legislation of the Republic of Kazakhstan, - entails a fine ranging from five to ten monthly calculation indices.

      2. The act is specified by the first part of this Article, which is committed by a chairman of constituency election commission, as well as his/her violation of the term of publication or partial publication of established by the electoral legislation (legislation of republican referendum) of voting results information (republican referendum) entails a fine ranging from fifteen to twenty monthly calculation indices.

      3. The act specified by the first part of this Article, and which is committed by a chairman of territorial election commission, as well as his/her violation of the term of publication or partial publication of established by the electoral legislation (legislation of republican referendum) information of voting results on the election (republican referendum), - entails a fine ranging from ten to fifteen monthly calculation indices.

      4. The acts specified by the first and third part of this Article, which are committed by a chairman of Central Election Commission of the Republic of Kazakhstan, entails a fine ranging from twenty to twenty five monthly calculation indices.

Article 110-1. Violation of the conditions of conduct of inquiry of the public opinion, which is connected with the election

      1. Violation of publication procedure of the public opinion inquiry, prediction of voting results, other investigations, which are connected with the election of specified by the legislation of the Republic of Kazakhstan of election, - entails a fine on the citizens in the amount up to fifteen, on the legal entities ranging from twenty to thirty monthly calculation indices.

      2. Conduct of inquiry of the public opinion in the day of election indoors or in the item for voting - entails a fine on the citizens ranging from five to ten, on the juridical persons ranging from twenty to twenty five monthly calculation indices.

      Footnote. Supplemented by Article 110-1 in accordance with the Law of the Republic of Kazakhstan dated July 9, 2004 No. 583.

Chapter 12. Administrative offences, encroaching upon the rights of the minors

Article 111. Non-fulfillment of duties by parents or other lawful representatives in the child-rearing responsibility

      Footnote. The Title of Article 111 is amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art.2).

      1. Non-fulfillment of child-rearing and education responsibility of children of the minority age without the justifiable reasons by parents or other lawful representatives, - entails a fine ranging from five to ten monthly calculation indices.

      2. The Acts are specified in the first part of this Article, that resulted in the systematic use of alcoholic beverages, drugs, psychotropic substances by the minors or the engagement in vagrancy or mendicancy, and equally a commission of an act by them, that has evidence of a crime or an intentional administrative offence, - entails a fine on the parents or other lawful representatives in the amount of twenty monthly calculation indices.

      Footnote. Article 111 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008); dated 10.07.2009 No. 176-IV (the order of enforcement see Art.2); dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 111-1. Involvement of a minor in the perpetration of an administrative offence

      1. Involvement of a minor in the perpetration of an administrative offence, if this act does not have evidence of criminally punishable act, - entails a fine ranging from fifty to one hundred monthly calculation indices.

      2. The Act is specified by the first part of this article which is committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine ranging from one hundred to one hundred and fifty monthly calculation indices or an administrative arrest up to fifteen days.

      Footnote. The Chapter is supplemented by Article 111-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 112. Bringing a minor to the state of drunkeness

      Bringing a minor to the state of drunkeness by parents or other persons,- entails a fine ranging from twenty to fifty monthly calculation indices.

Article 112-1. Allowance of the minors to be in the entertaining facilities at night time

      1. Allowance of the minors to be in the entertaining facilities at night time unaccompanied with the lawful representatives (from 22.00 to 6.00 a.m.) entails a fine on the officials of entertaining facilities in the amount of five, on the individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations in the amount of twenty five, on the legal entities, who are the subjects of major entrepreneurship in the amount of forty monthly calculation indices.

      2. The Acts are specified by the first part of this article, which are committed repeatedly during a year after the imposition of an administrative penalty,- entails a fine on the officials of entertaining facilities in the amount of twenty, on the individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations in the amount of fifty, on the entrepreneurs, legal entities, who are the subjects of major entrepreneurship in the amount of one hundred monthly calculation indices with the suspension of the activity or other particulars of activity.

      3. The same acts that are committed repeatedly during a year after the expiry of the time of an administrative penalty, that is specified by the second part of this article, entails a fine on the officials of entertaining facilities in the amount of thirty, on the individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations in the amount of sixty, on the legal entities who are the subjects of major entrepreneurship, in the amount of one hundred and twenty monthly calculation indices with the suspension of the activity or particulars of activity.

      Footnote. Chapter 12 is supplemented by Article 112-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art.2).

Article 113. Sale of alcoholic beverages to the minors

      Footnote. Article113 is excluded by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 114. Sale of tobacco and tobacco products by the persons and to the persons who are under the age of eighteen

      1. Sale of tobacco and tobacco products to the persons and by persons who are under the age of eighteen years, - entails a fine on the individuals in the amount of five, on the officials, individual proprietors, legal entities who are the subjects of small or medium-sized entrepreneurship in the amount of fifteen on the legal entities who are the subjects of major entrepreneurship in the amount of forty five monthly calculation indices.

      2. The act is specified by the first part of this article, which is committed repeatedly during a year after the imposition of an administrative penalty, -

      entails a fine on the individual in the amount of ten, on the officials, individual entrepreneurs, legal entities who are the subjects of small or medium-sized entrepreneurship in the amount of thirty, on legal entities, who are the subjects of major entrepreneurship in the amount of ninety monthly calculation indices with the suspension of the activity or others of activity.

      Footnote. Article114 is in the wording of the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 115. Involvement of minors in the manufacture of products with erotic content

      1.Involvement of the minors in the manufacture of products with erotic content, as well as in the distribution, advertising and sale of products of erotic content, - entails a fine in the amount of fifty monthly calculation indices with the confiscation of specified production of erotic content.

      2. The acts specified by the first part of this Article, which are committed repeatedly during a year after the imposition of an administrative penalty, - entails a fine ranging from fifty to one hundred monthly calculation indices with the confiscation of means of production job of erotic content.

      Footnote. Article 115 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 115-1. Sale of the objects and materials of erotic content to the minors

      1. Sale of printed publications, film or video materials, pictures or other things or materials of erotic content, - entails a fine on individuals in the amount of ten, individual proprietors, legal entities who are the subjects of small or medium-sized entrepreneurship in the amount of thirty, on legal entities, who are the subjects of major entrepreneurship, in the amount of fifty monthly calculation indices with the confiscation of things and materials of erotic content.

      2. The act specified by the first part of this article, which is committed repeatedly during a year after the imposition of an administrative penalty, -

      entails a fine on the individuals in the amount of twenty, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship, in the amount of fifty, on the legal entities who are the subjects of major entrepreneurship in the amount of one hundred monthly calculation indices with the confiscation of things and materials of erotic content.

      Footnote. The Code is supplemented by Article 115-1in accordance with the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 116. Violation of the procedure and time of submission of information about the minors, who are in need of adoption under trusteeship (guardianship), on the child-rearing in a family of individuals

      Violation of the procedure or time of submission of information of the minors who are in need of adoption, under trusteeship(guardianship), on the child-rearing in a family of individuals or presentation of knowingly inaccurate information by the heads of organizations, where children, who have stayed without trusteeship of parents, as well as by the officials of executive agencies of the Republic of Kazakhstan, or other acts, that aimed at the concealment of children from the adoption, under trusteeship(guardianship),on the child-rearing in a family of a individual, - entails a fine ranging from twenty to twenty five monthly calculation indices.

      Footnote. Article 116 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 117. Illegal activity on the adoption

      Illegal acts on the adoption of a child, on delivery under trusteeship (guardianship), to a fosterer, - entails a fine ranging from ten to twenty five monthly calculation indices.

Chapter 13. Administrative offences, Encroaching upon the property

Article 118. Violation of a right of governmental property on the land

      Illegal occupancy or exchange of state land plots or the commission of other transactions, in direct or indirect form violating the right of governmental property on the land, as well as the untimely return of temporarily occupied state lands, -entails a fine on the individuals ranging from fifty to seventy five, on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from one hundred to one hundred and fifty, on the legal entities, who are the subjects of major entrepreneurship ranging from five hundred to seven hundred monthly calculation indices.

      Footnote. Article 118 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated10.07.2009 No. 180-IV.

Article 119. Unwarranted occupancy of the land plots or untimely return of temporarily occupied lands

      (It is excluded by the Law of the Republic of Kazakhstan dated January, 20 2006 No. 123 (shall be enforced from January 1, 2006)

Article 120. Violation of the established approval procedure of land surveying documentation

      Violation of the established approval procedure of the land surveying documentation, and equally illegal making amendments there, - entails a fine on the individuals ranging from one to three, on the officials, individual entrepreneurs, ranging from five to ten, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from thirty to seventy, on the legal entities, who are the subjects of major entrepreneurship, ranging from fifty to one hundred monthly calculation indices.

      Footnote. Article 120 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 121. Destruction of special signs

      1. Destruction of land marks of land plots boundaries - entails a fine on the individuals ranging from one to three, on the officials, individual entrepreneurs ranging from five to ten, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from ten to thirty, on the legal entities, who are the subjects of major entrepreneurship, ranging from twenty to fifty monthly calculation indices.

      2. Destruction or damage of inspection and observation holes on the underground water, observation cross sections on the water objects, water protection or hydro economic signs, forest surveying or forestry-based signs in a forest area , surveying, geodesic and leveling points and signs, -entails a fine on the individuals ranging from three to five, on the officials, individual entrepreneurs ranging from five to ten, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations ranging from thirty to seventy, on the juridical persons, who are the subjects of the major entrepreneurship ranging from fifty to one hundred monthly calculation indices.

      Footnote. Article121 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 122. Violation of a right of Governmental property on the mineral resources

      Illegal use of mineral resources, the commission of transactions, in direct or concealed form, violating the right of governmental property on the mineral resources, if these acts do not have evidence of criminally punishable act,- entails a fine on the individuals ranging from twenty to fifty, on the officials, individual entrepreneurs ranging from fifty to one hundred, on the legal entities, who are the subjects of small or medium-sized entrepreneurship, ranging from one hundred to one hundred and fifty, on the legal entities, who are the subjects of major entrepreneurship, ranging from three hundred to five hundred monthly calculation indices.

      Footnote. Article 122 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 123. Selective mining of the fields of natural occurrence

      1. Selective mining of the fields of natural occurrence, that resulted in the deterioration of quality of the left reserves, unjustified above the project and above permitted standards of natural resources losses, - entails a fine on the officials, individual entrepreneurs ranging from eighty to one hundred, on the legal entities, who are the subjects of small or medium-sized entrepreneurship, ranging from one hundred and fifty to two hundred, on the legal entities who are the subjects of major entrepreneurship in the amount of seven hundred to one thousand monthly calculation indices.

      2. Nonobservance of project decisions on the mining of the fields of natural occurrence, that resulted in an infliction of harm to the environment, - entails a fine on the officials, individual entrepreneurs ranging from eighty to one hundred, on the legal entities who are the subjects of small or medium-sized entrepreneurship, ranging from one hundred and fifty to two hundred, on the legal entities who are the subjects of major entrepreneurship ranging from seven hundred to one thousand monthly calculation indices.

      Footnote. Article 123 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 124. Violation of a right of Governmental property on water

      1. Illegal seizure of water objects, illegal water use, assignation of a right of water use, as well as the commission of other transactions, in direct or indirect form violating the right of governmental property on water, -

      entails a fine on the individuals ranging from twenty to thirty, on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from forty to sixty, on the legal entities, who are the subjects of major entrepreneurship ranging from three hundred and fifty to four hundred monthly calculation indices.

      2. Withdrawal of water, with the violation of limits, illegal production of hydraulic engineering works, thriftless use of underground and subsurface water, extracted or derived from water objects, - entails a fine on the individuals ranging from ten to fifteen, on the officials, individual entrepreneurs, legal entities who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from twenty to thirty, on the legal entities, who are the subjects of major entrepreneurship ranging from two hundred and fifty to three hundred monthly calculation indices.

      Footnote. Article 124 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 125. Violation of a right of Governmental property on forest

      Buy-sale, granting, pledge, illegal occupancy and exchange of the fields of a forest area, as well as the illegal assignation of a right of the implementation of forest uses, violating the rights of governmental property on the forests, -

      entails a fine on the individuals ranging from five to twenty, on the officials individual entrepreneurs, ranging from ten to twenty five, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from seventy to one hundred and fifty, on the legal entities, who are the subjects of major entrepreneurship, ranging from three hundred to five hundred monthly calculation indices.

      Footnote. Article 125 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 126. Violation of a right of Governmental property on the animal and plant world

      1. Illegal assignation of a right of use of the objects of the animal world, as well as the commission of other transactions, in direct or concealed form violating a right of state property on the animal world, and equally illegal use of the objects of the animal world in the natural reserves and in other natural territories with preferential protection, on use of which obtaining of permission is required, entails a fine on the individuals ranging from five to ten, on the officials, individual entrepreneurs, ranging from ten to twenty five, on the juridical persons, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from seventy to one hundred and fifty, on the legal entities, who are the subjects of major entrepreneurship ranging from three hundred to five hundred monthly calculation indices.

      2. Illegal assignation of a right to use the objects of the plant world, as well as the commission of other transactions, in direct or concealed form violating the right of governmental property on the plant world, and equally illegal use of the objects of the plant world, on use of which obtaining of permission is required, -

      entails a fine on the individuals ranging from five to ten, on the officials, individual entrepreneurs, ranging from ten to twenty, on the legal entities who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from fifty to one hundred, on the legal entities, who are the subjects of major entrepreneurship - ranging from one hundred and fifty to three hundred monthly calculation indices.

      Footnote. Article 126 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 127. Illegal connection, use of energy or water

      1. Illegal connection, use of electric and (or) heat energy with the mercenary motives, - entails a fine on the individuals in the amount of fifty, on the officials, individual entrepreneurs, in the amount of one hundred, on the entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, in the amount of two hundred, on the legal entities, who are the subjects of major entrepreneurship, in the amount of five hundred monthly calculation indices.

      2. Illegal connection, use of water with the mercenary motives from water supplies network, and equally illegal connection with sewerage networks, - entails a fine on the individuals in the amount of thirty, on the officials, individual entrepreneurs, in the amount of sixty, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, in the amount of one hundred and fifty, on the legal entities, who are the subjects of major entrepreneurship, in the amount of three hundred monthly calculation indices.

      Footnote. Article 127 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 128. Violation of rights on the inventions, utility models, industrial patterns, selection achievements, integrated circuit topologies

      1. Illegal use of the invention, utility model, industrial pattern, selection achievement, integrated circuit topologies divulgence without the consent of an author or an applicant party of an essence of invention, utility model, industrial pattern, selection achievement, integrated circuit topologies till the official publication of the information of them, and equally an appropriation of authorship or the coercion to the co-authorship, if these acts do not have evidence of criminally punishable act,- entails a fine on the individuals ranging from twenty to fifty, on the officials, ranging from fifty to one hundred, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from one hundred and fifty to two hundred, on the legal entities, who are the subjects of major entrepreneurship ranging from three hundred to four hundred monthly calculation indices.

      2. The acts are specified by the first part of this article, which are committed repeatedly during a year after the imposition of an administrative penalty,- entails a fine on the individuals ranging from fifty to one hundred, on the officials, ranging from one hundred to one hundred and fifty, on the legal entities, who are the subjects of small or medium-sized entrepreneurship or noncommercial organizations, ranging from two hundred to two hundred and fifty, on the legal entities, who are the subjects of major entrepreneurship, ranging from six hundred to seven hundred monthly calculation indices.

      Footnote. Article 128 is in the wording of the Law of the Republic of Kazakhstan dated November 22, 2005 No. 90 (the order of enforcement see Art.2 of the Law). The Article is amended dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 129. Violation of copyrights and (or) allied rights

      1. Illegal use of the objects of copyright law and (or) allied rights, and equally acquisition, storage, transportation or production of pirated copies of the objects of copyright law and (or) allied rights, except for the use in the Internet, with the view of sale, appropriation of authorship or the coercion to the co-authorship, if these acts do not have evidence of criminally punishable act, -

      entail a fine on the individuals ranging from ten to fifteen, on the officials ranging from twenty to thirty, on the legal entities ranging from one hundred to one hundred and fifty monthly calculation indices with the confiscation of copies of the objects of copyright law and (or) allied rights, as well as the items, which appeared to be the tools of committing of violations.

      2. The Acts are specified by the first part of this article, which are committed repeatedly during a year after the imposition of an administrative penalty, entail a fine on the individuals ranging from fifteen to twenty, on the officials ranging from thirty to fifty, on the legal entities ranging from one hundred and fifty to two hundred monthly calculation indices with the confiscation of the copies of the objects of copyright law and (or)allied rights, as well as the items, which appeared to be the tools of committing of violations.

      3. Illegal use of the objects of copyright law and (or) allied rights by means of allocation in the Internet with the view of granting of the access to the public, if this act does not have evidence of criminally punishable act, entails a warning.

      4. Illegal use of the objects of copyright law and (or) allied rights by means of organization, creation of internet resources for further access to the exchange, storage, transportation of the copies of products and (or) objects of allied rights in electronic format, if this act does not have evidence of criminally punishable act, -

      entails a fine on the individuals ranging from ten to fifteen, on the officials ranging from twenty to thirty, on the legal entities, ranging from one hundred to one hundred and fifty monthly calculation indices with the confiscation of copies of the objects of authorship and (or) allied rights, as well as the items, which appeared to be the tools of committing a violation.

      5. The acts are specified by the third and fourth parts of this article, which are committed repeatedly during a year after the imposition of administrative penalty,- entail a fine on the individuals ranging from fifteen to twenty, on the officials-ranging from thirty to fifty, on the legal entities, ranging from one hundred and fifty to two hundred monthly calculation indices with the confiscation of the copies of the objects of copyright law and (or) allied rights, as well as the items, which appeared to be the tools of committing a violation.

      Footnote. Article 129 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 No. 537-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 130. Production of project, prospecting, building, ameliorate and others of work, that create a danger for the existence of historical and cultural monuments

      Production of project, prospecting, building, ameliorative and others of work, which may create a danger for the existence of historical-cultural monuments, without the agreement with the appropriate state bodies of the protection and use of historical-cultural heritage and without the implementation of preliminary activities, which are conducted on the instruction of these bodies, in order to find out the passportization and safety of the monuments; production of land, building and other works in the zones of protection of monuments; as well as the economic activity in these zones without the permission of the appropriate state bodies of the protection of the monuments, non-fulfillment of the instructions of appropriate bodies of the elimination of the violation of the rules on the protection of monuments, which carry out the state control of the protection and use of historical and cultural monuments, -

      entail a fine on the individuals ranging from five to ten, on the officials, individual entrepreneurs, legal entities, who are the subjects of small or medium-sized entrepreneurship, ranging from fifty to one hundred, on the legal entities, who are the subjects of major entrepreneurship, ranging from two hundred to two hundred and fifty monthly calculation indices with the suspension of producible works or without it.

      Footnote. Article 130 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 21, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 131. Passage over the crops or the plantation

      1. Passage over the bally crops or the plantation on the automobile or on the field-engine, combine harvester or another self-propelled vehicle, -

      entails a fine ranging from three to ten monthly calculation indices.

      2. Passage over the bally crops or the plantation on the cartage entails a fine ranging from one to five monthly calculation indices.

Article 132. Damage of bally crops, risks, spoiling or destruction of harvested crop that are situated in the field, damage of the plantation

      (It is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 133. Unwarranted haying

      (It is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 134. Illegal penetration to the foreign land plot

      (It is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 134-1. Nonobservance of the return period of the State land grants

      Nonobservance of the return period of the state land grants, which are established by the legislation of the investments, - entails a fine on the legal entities, who are the subjects of small or medium-sized entrepreneurship, ranging from three hundred to four hundred, on the legal entities, who are the subjects of major entrepreneurship, ranging from one thousand to two thousand monthly calculation indices.

      Footnote. Article 134-1 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). The Article is amended dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 135. Destruction or damage of strange property

      Footnote. The Article is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 135-1. Non-fulfillment and (or) improper performance of the duties of safety ensuring by an official and a head of the organization and preservation of objects (property) entrusted to them

      1. Non-fulfillment of duties of safety measures of the necessary level, and preservation of strategic objects and the objects of vital infrastructures of the Republic of Kazakhstan entrusted to non-state body, of especial importance and (or) improper performance by an official, and equally by a head of the organization, if these acts do not have evidence of criminally punishable act, - entails a fine ranging from five to ten monthly calculation indices.

      2. Acts (inaction), specified by the first part of this Article, which are committed repeatedly during a year after the imposition of an administrative penalty, - entail a fine ranging from ten to thirty monthly calculation indices.

      Footnote. Supplemented by Article 135-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2006 No. 506; as amended dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 136. Pilferage of strange property

      1. Pilferage of the strange property, that belongs on the basis of the right of ownership to the organization or being under its supervision, which is committed by means of theft, deceitful practices, embezzlement, misapplication, - entails a fine in the amount up to fifteen monthly calculation indices, and if application of this measure shall be admitted to be insufficient for the circumstances of the matter-administrative arrest for a period up to ten days.

      2. Pilferage, which is committed:

      1) by a group of persons;

      2) repeatedly;

      3) with the illegal entry into living, office or industrial premise or a storage, - entails a fine in the amount up to twenty five monthly calculation indices or administrative arrest for a period up to fifteen days.

      Explanatory notes.

      1. Theft of the strange property is admitted to be a pilferage, if the cost of the stolen property does not exceed tenfold amount of monthly calculation index, which is established by the legislation.

      2. Pilferage is admitted to be repeated, if it was preceded by the commission of one or more administrative offences, that are specified by this article, or if the pilferage is committed by a person, who has a criminal record for the commission of crimes which are specified by the Articles 177-183, 250, 256 or 261 of the Criminal Code of the Republic of Kazakhstan.

Article 136-1. Infliction of property damage by means of false pretence or abuse of trust

      Infliction of property damage to the owner or another proprietor of the property by means of false pretence or abuse of trust without the evidence of embezzlement, - entails a fine ranging from one hundred to three hundred monthly calculation indices or administrative arrest up to forty five days.

      Footnote. The Code is supplemented by Article 136-1 in accordance with the Law of the Republic of Kazakhstan dated18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 136-2. Negligent destruction or damage of strange property

      Negligent destruction or damage of strange property, that is negligently committed and resulted in a large-scale damage, - entails a fine ranging from one hundred to three hundred monthly calculation indices or an administrative arrest up to forty five days.

      Explanatory note. A large-scale damage is admitted as the cost of the property or extent of damage five hundredfold times exceeding a monthly calculation index in this Article.

      Footnote. The Code is supplemented by Article 136-2 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days upon its first official publication).

Chapter 14. Administrative offences in the sphere of entrepreneurial activity

Article 137. Engagement in entrepreneurial or another activity, as well as the implementation of actions (operations) without appropriate special permission, qualification certificate (document)

      (It is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 138. Illegal bank operations

      (It is excluded by the Law of the Republic of Kazakhstan of January, 20 2006 No. 123 (shall be enforced from January 1, 2006).

Article 139. Violation of the rules and norms of licensing

      (It is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006)

Article 140. Violation of the rules of exportation or shipment of raw products, food and manufactured goods outwards the Republic of Kazakhstan

      1. Violation of the rules of exportation or dispatch of raw products, food and manufactured goods outwards the Republic of Kazakhstan, - entails a fine on the individuals in the amount up to five, on the officials, individual entrepreneurs, - in the amount up to ten, on the legal entities, who are the subjects of small or medium-sized entrepreneurship in the amount up to thirty, on the legal entities who are the subjects of major entrepreneurship in the amount up to fifty monthly calculation indices.

      2. The acts specified by the first part of this Article, which are committed repeatedly during a year after the imposition of an administrative penalty,- entail a fine on the individuals in the amount up to ten, on the officials, individual entrepreneurs - in the amount up to fifteen, on the legal entities, who are the subjects of small or medium-sized entrepreneurship, in the amount up to forty, on the legal entities who are the subjects of major entrepreneurship in the amount up to sixty monthly calculation indices with the confiscation of raw products or the goods or without it.

      Footnote. Article 140 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 141. Violation of the rules of acceptance of raw products, food and manufactured goods for sent outside the Republic of Kazakhstan

      Violations of the rules of acceptance of raw products, food and manufactured goods for the dispatch outwards the Republic of Kazakhstan, which is committed by the officials of post organizations, railway, automobile, river, sea and air transport, - entails a fine ranging from five to ten monthly calculation indices.

Article 141-1. Illegal transportation, purchase, sale and storage of oil, oil products and oil refining

      1.Transportation, purchase, sale, storage of oil and oil products, and oil refining without documents, legitimating its origin, and do not contain elements of a criminal offence -entails a fine for individuals in the amount of a hundred, and for legal entities and individual entrepreneurs - in the amount of one hundred and fifty, for legal entities of small and medium enterprises - in the amount of three hundred, for legal entities of a large enterprise - in the amount of five hundred monthly calculation indices.

      2. Actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of one hundred and fifty, and for legal entities and individual entrepreneurs - in the amount of two hundred, for legal entities of small and medium business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of eight hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 141-1 in accordance with the Law of the Republic of Kazakhstan dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 142. Violation of the rules for obtaining, keeping the precious metals and stones or products containing them, as well as collection and delivery of their scrap and waste to the state fund

      (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 143. Illegal enterprise

      Implementation of entrepreneurial activity without registration or without a special permit (license) in the cases, where such permission (license) is required, or in violation of the license conditions, as well as occupation of the prohibiteds of business activities, if these acts have caused major harm to a citizen, organization, or government or involve the profit-making on a large scale, or the production, storage, transportation or sale of excisable goods in a significant size, if these actions do not contain elements of a criminal offence - entails a fine for individuals, government officials, entrepreneurs, legal entities of small and medium-sized enterprises - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty percent of the amount of the damage, the amount of profit and value of excisable goods produced in the illegal business.

      Note.

      1. As a major damage in Articles 143 and 143-2 of this Code is the damage caused to an individual in the amount not exceeding one thousand monthly calculation indices, or damage to the organization or to the state in the amount not to exceeding ten thousand monthly calculation indices.

      2. Income on a large scale in Articles 143 and 143-2 of this Code shall be the income, the amount of which does not exceed ten thousand monthly calculation indices.

      3. In this Article, as a considerable amount is recognized a number of products, the value of which does not exceed one thousand monthly calculation indices.

      Footnote. Article 143 is in the wording of the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 143-1. Engagement in entrepreneurial activity of the person, who is banned to implement such activities by the legislation of the Republic of Kazakhstan

      Engagement in entrepreneurial activity of the person, who is banned to implement such activities by the legislation of the Republic of Kazakhstan - entails a fine for individuals in the amount of two hundred monthly calculation indices with the confiscation of goods and (or) the instrumentalities of administrative offences and (or) income (dividends), money, securities received as a result of the offence.

      Footnote. Chapter 14 is supplemented by Article 143-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 143-2. Illegal banking

      Banking activities (banking operations) without registration or without a special permit (license) in the cases, where such permission (license) is required, or in violation of the license conditions, which caused major harm to a citizen, organization, or government or connected with the generation of income in a large amount, if this action does not contain elements of a criminal offence - entails a fine for individuals, government officials, entrepreneurs, legal entities of small and medium-sized enterprises - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty percent of the amount of the damage, the amount of profits, obtained as a result of illegal activity.

      Footnote. Chapter 14 is supplemented by Article 143-2 in accordance with the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 144. Violation of the rules of public display of film and video works

      Violation of the rules of public display of film and video works, expressed in non-compliance with specified display time and category of the viewers - entails a fine for individuals, government officials, entrepreneurs, legal entities of small and medium-sized business in the amount of ten to twenty-five, and for legal entities of a large enterprise - in the amount of thirty to one hundred monthly calculation indices.

      Footnote. Article 144 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 144-1. Deliberately false advertising

      Using by advertiser in the advertising the false information about goods, works or services, as well as their producers, performers or vendors, committed for reasons of greed and caused large damage -entails a fine for individuals, officials, entrepreneurs in the amount of one hundred to three hundred monthly calculation indices or administrative arrest for up to forty-five days, and for legal entities of small and medium enterprise - by a fine in the amount of two hundred to five hundred monthly calculation indices, for legal entities of a large-scale enterprise - by a fine in the amount of five hundred to one thousand monthly calculation indices.

      Note. As large damage in this Article recognizes the damage caused to an individual in the amount exceeding one hundred times the monthly calculation index, or damage to the organization or the state in the amount exceeding five hundred times the monthly calculation index.

      Footnote. The Code is supplemented by Article 144-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 145. Illegal use of somebody’s trademark, service mark or appellation of origin or a company name

      1. Illegal use of somebody’s trademark, service mark or appellation of origin or a similar labeling for similar goods or services, as well as the illegal use of another's trade name, if these actions do not contain elements of a criminal offence - entails a fine for individuals in the amount of ten to thirty, for officials - in the amount of thirty to fifty, for legal entities - in the amount of fifty to one hundred monthly calculation indices with the confiscation of the goods, containing the illegal image of the trademark, service mark, name of origin or a similar labeling for similar goods or services.

      2. The same actions, if repeated within a year after the imposition of an administrative penalty, provided by first part of this Article - entails a fine for individuals in the amount of thirty to fifty, for officials - in the amount of fifty to one hundred, for legal entities - in the amount of one hundred to two hundred monthly calculation indices with the confiscation of the goods containing the illegal image of the trademark, service mark, name of origin or a similar labeling for similar goods or services.

      Note:

      1. Confiscation for offences, provided in this article shall be made in the case of failure of destruction of the image of trademark or appellation of origin of the product, its packaging, forms or other documentation of the illegally used trademark or appellation of origin, as well as a labeling similar to it to the point of confusion.

      2. The goods, confiscated in accordance with the first and second parts of this Article shall be destroyed in the manner prescribed by Article 628 of this Code, except for their transfer to the right holder at his (her) request.

      Footnote. Article 145 is in the wording of the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 146. Failure to provide or late provision of the information on entrepreneurial activity

      (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 146-1. Avoidance of satisfaction of the accounts payable

      Willful avoidance of a head of the organization or a citizen from satisfaction of the accounts payable on a large scale, after the entry into force of the court decision - entails a fine in the amount of one hundred to three hundred monthly calculation indices or an administrative arrest for up to forty-five days.

      Note. As account payable on a large scale is recognized a debt of a citizen exceeding five hundred monthly calculation indices and debt of the organization exceeding two thousand five hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 146-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 147. Monopolistic activity

      1. Anticompetitive agreements of the market entities, prohibited by legislative acts of the Republic of Kazakhstan in the field of competition and restriction of monopolistic activity, if these actions do not contain elements of a criminal offence - entails a fine for officials, entrepreneurs in the amount of one hundred and fifty monthly calculation indices, for legal entities of small and medium enterprises - in the amount of five, for legal entities of a large enterprise - in the amount of ten percent of income (revenue) obtained as a result of monopolistic activity, with the confiscation of the monopolistic income, earned as a result of the monopolistic activity for no more than one year, or without it.

      2. Anticompetitive concerted actions of the market entities, prohibited by legislative acts of the Republic of Kazakhstan in the field of competition and restriction of monopolistic activity, if these actions do not contain elements of a criminal offence - entails a fine for officials, entrepreneurs in the amount of one hundred and fifty monthly calculation indices, for legal entities of a small or medium business - in the amount of five, for legal entities of a large enterprise - in the amount of ten percent of income (revenue), obtained as a result of monopolistic activity, with the confiscation of the monopolistic income earned as a result of the monopolistic activity for no more than one year, or without it.

      3. Abuse of the market entities by their dominant or monopoly position prohibited by legislative acts of the Republic of Kazakhstan in the field of competition and restriction of monopolistic activity, if these actions do not contain elements of a criminal offence -entails a fine for officials, entrepreneurs in the amount of one hundred and fifty monthly calculation indices, for legal entities of small and medium enterprises - in the amount of five, for legal entities of a large enterprise - in the amount of ten percent of income (revenue), obtained as a result of monopolistic activity, with the confiscation of the monopolistic income earned in a result of the monopolistic activity for no more than one year, or without it.

      4. The actions specified in the first, second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty -entails a fine for officials, entrepreneurs in the amount of three hundred monthly calculation indices, for legal entities of small and medium enterprises - in the amount of ten, for legal entities of a large enterprise - in the amount of twenty percent of the income (revenue), obtained as a result of monopolistic activity, with the confiscation of the monopolistic income earned as a result of the monopolistic activity for no more than one year.

      Note.

      Market entity, who has committed an administrative offence in the form of anti-competitive agreements or anticompetitive concerted actions, may be dismissed by judge from the confiscation of monopolistic revenue in comprehensive compliance with the following conditions:

      1) by the time when the market entity said to anti-monopoly authority on anti-competitive agreements and concerted actions, anti-monopoly authority has not received information on these anti-competitive agreements and concerted actions from other sources;

      2) the market entity takes the urgent actions to stop his (her) participation in anti-competitive agreements and concerted actions;

      3) the market entity reports the complete information about the facts of anti-competitive agreements or concerted action throughout the investigation from the time of the application;

      4) voluntary compensation of the market entity the damage to the consumers, caused as a result of anti-competitive agreements or concerted actions.

      Footnote. Article 147 is in the wording of the Law of the Republic of Kazakhstan dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009).

Article 147-1. Violation of the legislation of the Republic of Kazakhstan on the state monopoly

      1. Non-compliance by the entity of the state monopoly with the restrictions established by the legislation of the Republic of Kazakhstan on the state monopoly -entails a fine to the entity of the state monopoly in the amount of two hundred to three hundred monthly calculation indices.

      2. Implementation of the activities, related to the state monopoly, by an unauthorized person - entails a fine for individuals in the amount of one hundred, for legal entities and individual entrepreneurs in the amount of one hundred and twenty-five, for legal entities of small and medium enterprises in the amount of two hundred, for legal entities of large-scale enterprises in the amount of three hundred monthly calculation indices with the confiscation of items and (or) implements of an administrative offence or without it.

      Footnote. Chapter is supplemented by Article 147-1 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006) as amended by the Law of the Republic of Kazakhstan dated 21.01.2010 No. 242-IV (the order of enforcement see Article 2).

Article 147-2. Unlawful actions of market entities in economic concentration

      Economic concentration of the market entities without permitting of anti-monopoly authority, if such permission is necessary, non-fulfillment by the market entities involved in the economic concentration, the requirements and liabilities, which were subject to the decision granting the permit for economic concentration - entails a fine for individuals in the amount of fifty to one hundred, and for legal entities and individual entrepreneurs - in the amount of two hundred and fifty to three hundred, for legal entities of small and medium-sized business - in the amount of three hundred fifty to four hundred, for legal entities of a large enterprises - in the amount of one thousand five hundred to two thousand monthly calculation indices.

      Footnote. Chapter is supplemented by Article 147-2 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 174.

Article 147-3. Non-fulfillment of the order issued by the anti-monopoly authority. Breach of obligations on supplying information and creation barriers to entry to the premises and territory

      Footnote. Title of Article 147-3 as amended by the Law of the Republic of Kazakhstan dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009).

      Non-fulfillment or partial fulfillment of the order, failure to provide information or providing incomplete information to the anti-monopoly authority within a prescribed period of time, providing misleading and (or) false information to the anti-monopoly authority, obstruction to the officials of the anti-monopoly authority, conducting the investigation in access to premises and territory - entails a fine for individuals in the amount of fifty to one hundred, and for legal entities and individual entrepreneurs - in the amount of two hundred and fifty to three hundred, for legal entities of small and medium-sized business - in the amount of three hundred fifty to four hundred, for legal entities of a large enterprise - in the amount of one thousand five hundred to two thousand monthly calculation indices.

      Footnote. Chapter is supplemented by Article 147-3 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 174 as amended by the Law of the Republic of Kazakhstan dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009).

Article 147-4. Anticompetitive actions of the state bodies, unfair competition

      1. Anticompetitive actions of the state bodies - shall be punished by a fine for officials in the amount of three hundred to four monthly calculation indices.

      2. Unfair competition - shall be punished by a fine for individual entrepreneurs in the amount of two hundred and fifty to three hundred, for legal entities of small and medium enterprises - in the amount of two hundred and fifty to three hundred, for legal entities of a large enterprise - in the amount of one thousand to one thousand five hundred monthly calculation indices.

      3. Action, specified by second part of this article, committed repeatedly within a year after the imposition of an administrative penalty - shall be punished by a fine for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of three hundred fifty to four hundred, and for legal entities of a large enterprise - in the amount of one thousand five hundred to two thousand monthly calculation indices.

      Footnote. Chapter is supplemented by Article 147-4 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 174 as amended by the Law of the Republic of Kazakhstan dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009).

Article 147-5. Violation of the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets

      1. Failure to provide of natural monopoly entities to the authority carrying out the management of natural monopolies and regulated markets, the information, report, notices of established forms, as well as providing information, reports, notices of established forms with violation of set time - entails a fine for individual entrepreneurs in the amount of two hundred, for legal entities of small and medium enterprise - in the amount of three hundred, for legal entities of a large enterprise - in the amount of one thousand monthly calculation indices.

      2. The same actions (inaction), committed repeatedly within a year after the imposition of an administrative penalty under part one of this article - entails a fine for individual entrepreneurs in the amount of two hundred and fifty and for legal entities of a small and medium enterprise - in the amount of three hundred and fifty, for legal entities of a large enterprise - in the amount of one thousand five hundred monthly calculation indices.

      3. Failure to comply of a natural monopoly holder with the restrictions, as well as non-performance or improper performance by a natural monopoly holder of the duties, established by the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets, except for the obligation to provide to the authority carrying out the management of natural monopolies and regulated markets, the information, report, notices - entails a fine for individual entrepreneurs in the amount of three hundred, for legal entities of small and medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      4. Actions (inaction), provided by third part of this article, resulting in acquisition of income (revenues) -entails a fine for individual entrepreneurs and legal entities in the amount of ten percent of income (revenue) obtained as a result of an administrative offence.

      Note. Under the income (revenue), obtained as a result of an administrative offence, means the difference between the income (revenues) received by a holder of natural monopoly, and the income (revenue), which could receive a holder of natural monopoly in compliance with the legislation of the Republic of Kazakhstan.

      Footnote. Chapter is supplemented by Article 147-5 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 174; Article is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009).
      Note of the RCLI! (Republican Center of Legal Information)
      Title of Article 147-6 as amended by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

Article 147-6. Violation of the order of realization (sale) of the electricity

      Note of the RCLI!
      aragraph 1 is as amended by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      1. Realization (sale) by energy producing company the electrical energy, except the realization (sale) in the spot trades (no more than ten percent of the amount of electricity generated by them), balancing market and for export, according to tariff exceeding the limit, the individual, the estimated rate of electrical energy -entails a fine for legal entities in the amount of ten percent of income (revenue) obtained as a result of an administrative offence.

      Note of the RCLI!
      Article 147-6 is supplemented by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      2. Realization (sale) by energy producing company the electrical energy to individuals and legal entities, that are not subjects of wholesale and (or) retail market, except for export of electricity -entails a fine for legal entities in the amount of one hundred percent of the amount of income (revenue) obtained as a result of an administrative offence.

      2-1. Illegal acquisition (purchase) of energy producing company the electrical energy from other energy producing companies - entails a fine for legal entities of medium and large business - in the amount of one hundred percent of the amount of payment for electricity, purchased (bought) as a result of an administrative offence.

      Note of the RCLI!
      Article 147-6 is supplemented by paragraphs 2-2, 2-3 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      3. Illegal realization (sale) by energy producing company the electrical energy to another energy producing company, as well as its illegal acquisition (purchase) from the energy producing company -entails a fine for legal entities in the amount of one hundred percent of the amount of payment for electricity sold (sold), as well as acquired (bought) as a result of an administrative offence.

      Notes. Under the income (revenue) obtained as a result of an administrative offence, means:

      Note of the RCLI!
      aragraph as amended by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      for the first part of this article: the difference between the income (revenue) obtained by energy producing company, except in cases provided by this Article, and income (revenue), calculated, respectively, to limit, estimated, individual tariff of electricity;

      Note of the RCLI!
      aragraph as amended by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      for the second, 2-1 and third parts of this Article: all the income (revenue) received as a result of violations of the prohibition on the realization (sale) of electricity, established by the legislation of the Republic of Kazakhstan on electricity.

      The composition of income (revenue) should be included the cost of realized (sold) electricity, but not paid on the day of drawing up the protocol on administrative offence.

      Footnote. Chapter 14 is supplemented by Article 147-6 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009) as amended by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 147-7. Breach of duties by subjects of regulated market

      1. Failure to submit by subject of the regulated market the information about the selling prices accompanied by supporting materials, confirming the price level, the financial statements in accordance with the laws of the Republic of Kazakhstan on accounting and financial reporting, as well as information on the volume of production (sales), the level of profitability and sales prices exclusively produced ( sold) goods (works, services) within the period specified by the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets, as well as providing false and (or) incomplete information to the authority carrying out the management of natural monopolies and regulated markets - entails a fine for entrepreneurs in the amount of three hundred, for legal entities of small and medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      1-1. Failure to perform by entities of the regulated market the investment programs (projects), recorded in limit pricing -entails a fine for individual entrepreneurs and legal entities in the amount of ten percent of the amount not used for implementation of the investment programs (projects).

      1-2. Failure to perform by entities of the regulated market the duties to return income (revenue) obtained and not used for the implementation of the investment programs (projects), recorded in limit prices to consumers or in case of impossibility of establishment of a full range of customers by reducing the maximum price for oncoming period in accordance with the pricing - entails a fine for individual entrepreneurs and legal entities in the amount of one hundred percent of the amount of income (revenue) obtained as a result of an administrative offence.

      1-3. Failure to perform by entities of the regulated market the duties to return of the income (revenue) resulting from unreasonable exceeding the maximum price to consumers or in case of impossibility of establishment of a full range of customers by reducing the maximum price for oncoming period in accordance with the pricing - entails a fine for individual entrepreneurs and legal entities in the amount of one hundred percent of the amount of income (revenue) obtained as a result of an administrative offence.

      2. Increasing the price and sale of goods (works, services) by entity of the regulated market without submitting to the authority carrying out the management of natural monopolies and regulated markets, a notification of the impending increase in the price in the period established by the legislation of the Republic of Kazakhstan, as well as no reduction of the current or projected prices to price level determined by the authorized body carrying out the management of natural monopolies and regulated markets, in accordance with the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets - entails a fine for individual entrepreneurs and legal entities in the amount of ten percent of income (revenue) obtained as a result of an administrative offence.

      Note.

      Under the income (revenue) obtained as a result of an administrative offence, means:

      1-2 part of this article: the difference between the income (revenues) received by the entity of the regulated market for implementation of investment programs (projects) through the application of the reference price, and the income (revenue) used for the implementation of investment programs (projects);

      1-3 part of this article: the difference between the income (revenue) received by the entity of the regulated market, and the income (revenue), formed on the basis of the level of the reference price;

      on the second part of this article: the difference between the income (revenue) received by the entity of the regulated market, and the income (revenue), calculated at the price in effect before the increase, or at a price the level which is determined by the authorized body carrying out the management of natural monopolies and regulated markets.

      The composition of income (revenue) should be included the cost of goods sold (services), but not paid on the date of drawing up the protocol of an administrative offence.

      Footnote. Chapter 14 is supplemented by Article 147-7 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009) as amended by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 147-8. Failure to comply of the entity of the regulated market with the pricing procedure

      Failure to comply of the entity of the regulated market with pricing procedure established by the Government of the Republic of Kazakhstan - entails a fine for individual entrepreneurs in the amount of three hundred, for legal entities of small and medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 147-8 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009).
      Note of the RCLI!
      Article 147-9 is excluded by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2017).

Article 147-9. Non-performance of energy producing company of the investment program

      Non-performance of energy producing company of the regulations on the investment program, introduced by the authorized body governing of natural monopolies and regulated markets, - entails a fine in the amount of ten percent of the amounts received from customers and not used for the implementation of the investment program.

      Footnote. Chapter 14 is supplemented by Article 147-9 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009).

Article 147-10. Violation of the legislation of the Republic of Kazakhstan on the state regulation of the production circulation of biofuel

      1. The excess by the producers of biofuel of the quota rules for the purchase of raw materials for its subsequent processing into biofuel -entails a fine for legal entities of small and medium enterprises in the amount of three hundred and forty, for legal entities of a large enterprise - in the amount of one thousand five hundred seventy monthly calculation indices.

      2. Actions, specified in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for legal entities of small and medium enterprises, in the amount of three hundred and ninety, for legal entities of a large enterprise - in the amount of one thousand eight hundred twenty monthly calculation indices with the confiscation of products produced from food raw materials in the amount exceeding the quota, and with the suspension of the production of biofuels for up to six months.

      3. Using as food raw material of wheates 1 and 2 in the production of biofuels, - entails a fine for legal entities of small and medium enterprise in the amount of two hundred, for legal entities of a large enterprise - in the amount of seven hundred and fifty monthly calculation indices.

      4. The sale of biofuel, the composition of which is not consistent with the composition established by technical regulations -entails a fine for legal entities of small and medium enterprise - in the amount of three hundred, for legal entities of a large enterprise - in the amount of seven hundred and fifty monthly calculation indices.

      5. Production of circulation of undenatured bioethanol, except the cases of its delivery to the plant for the production of biofuel, or to a refinery for processing into other biofuel, - entails a fine for legal entities of small and medium enterprises, in the amount of three hundred, for legal entities of a large enterprise - in the amount of seven hundred and fifty monthly calculation indices.

      6. The production of biofuel by two or more producers of biofuel in the same factory for the production of biofuel - entails a fine for legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of seven hundred and fifty monthly calculation indices.

      7. Production of biofuel by producers of biofuel without a passport of production, without controlling devices of volume accounting of biofuel or during their defect -entails a fine for legal entities of small and medium enterprises - in the amount of two hundred and twenty, for legal entities of a large enterprise - in the amount of seven hundred and thirty monthly calculation indices with the confiscation of products produced in that period.

      8. Admission by producers of biofuel of food raw material, which is genetically modified source (object) or containing genetically modified sources (objects) without scientifically based confirmation of their safety and of their registration entails a fine for legal entities of small and medium-sized enterprises - in the amount of two hundred fifty, for legal entities of a large enterprise - in the amount of nine hundred forty monthly calculation indices.

      9. Sale of biofuel by biofuel producers without filing accompanying note - entails a fine for legal entities of small and medium enterprises - in the amount of two hundred and seventy, for legal entities of a large enterprise - in the amount of seven hundred ten monthly calculation indices.

      10. Sale of biofuel by biofuel producers to persons, who are not engaged in the production of biofuel and (or) are not licensed for compounding petroleum products, except for export of biofuel with the relevant documents -entails a fine for legal entities of small and medium enterprises - in the amount of three hundred, for legal entities of a large enterprise - in the amount of nine hundred ninety monthly calculation indices with the confiscation of biofuel in an amount equal to the realized lot.

      11. Delivery of produced biofuel by biofuel producers to store to non-participants of the biofuel market, except for export of biofuel with the relevant documents -entails a fine for legal entities of small and medium enterprises - in the amount of two hundred and twenty, for legal entities of large enterprise - in the amount of sixty-six monthly calculation indices with the confiscation of biofuel, in an amount equal to the realized lot.

      12. Storage of biofuel by non-participants of biofuel market and (or) persons who are not licensed for compounding petroleum products, except for export of biofuel with the relevant documents - entails a fine for legal entities of small and medium enterprises - in the amount of one hundred seventy, for legal entities of a large enterprise - in the amount of two hundred sixty monthly calculation indices with the confiscation of biofuel in an amount equal to the realized lot.

      13. Actions, provided by seventh, eighth, ninth, tenth, eleventh parts of this article, committed repeatedly within a year after the imposition of an administrative penalty -entails a fine for legal entities of small and medium enterprises - in the amount of four hundred, and for legal entities of a large enterprise - in the amount of one thousand three hundred monthly calculation indices with the confiscation of biofuel in their corresponding share.

      14. Actions, provided by twelfth part of this article, committed repeatedly within a year after the imposition of an administrative penalty -entails a fine for legal entities of small and medium enterprises - in the amount of two hundred and forty, for legal entities of a large enterprise - in the amount of four hundred thirty monthly calculation indices.

      Footnote. The Code is supplemented by Article 147-10 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its first official publication).

Article 147-11. Violation of the legislation of the Republic of Kazakhstan on gas and gas supply

      1. Failure to provide of the subject of gas supply systems with the information for the production, transportation (transfer), storage and sale of commercial, liquefied oil and (or) liquefied natural gas, as well as submission of information with violation of the set time -entails a fine for entrepreneurs, legal entities of small and medium-sized enterprises - in the amount of fifty, for legal entities of a large enterprise -in the amount of one hundred monthly calculation indices.

      2. Failure to comply with the restrictions on the operation of objects of gas supply systems, established by the legislation of the Republic of Kazakhstan on gas and gas supply, - entails a fine for entrepreneurs, legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of three hundred monthly calculation indices.

      3. Violation of accounting and (or) sale of commercial and (or) liquefied petroleum gas, established by the legislation of the Republic of Kazakhstan on gas and gas supply - entails a fine for entrepreneurs, legal entities of small and medium-sized enterprises - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of five hundred to seven hundred monthly calculation indices.

      4. Violation by a subsurface user of the priority right of the state to purchase crude and (or) commercial gas - entails a fine for legal entities in the amount of one thousand monthly calculation indices.

      5. Violation by the owner of the facility of gas supply systems of the priority right of the state to acquire the facilities of standard supply system of commercial gas, shares in the common property on the facilities of standard supply system of commercial gas and (or) blocks of shares (shares) of legal entities-the owner of the standard supply system of commercial gas - entails a fine for legal entities in the amount of one thousand monthly calculation indices.

      6. Failure to comply of the subjects of the standard supply system of commercial gas with the established technological modes of operation of the facilities of standard supply system of commercial gas - entails a fine for entrepreneurs, legal entities of small and medium enterprises - in the amount of two hundred, for legal entities of a large enterprise - in the amount one thousand fifty hundred monthly calculation indices.

      7. Action, provided by the third part of this Article, which entails to acquisition of income (revenue) - entails a fine for individual entrepreneurs and legal entities in the amount of thirty percent of income (revenue), obtained as a result of an administrative offence with the suspension or deprivation of the certificate of accreditation.

      Note. The income (revenue) obtained as a result of an administrative offence means the difference between the income (revenues) received by an individual entrepreneur or legal entity, who has committed an administrative offence, and the income (revenue) that an individual entrepreneur or legal entity should have received in compliance with the legislation of the Republic of Kazakhstan.

      Footnote. Chapter 14 is supplemented by Article 147-11 in accordance with the Law of the Republic of Kazakhstan dated 09.01.2012 No. 533-IV (the order of enforcement see Art. 2).

Article 147-12. Exceeding the limit prices of sale of oil products, commercial and liquefied petroleum gas, for which is set the state regulation of prices

      1. Exceeding by the retailers of oil products the maximum retail prices of oil products, established in accordance with the laws of the Republic of Kazakhstan on the state regulation of production and circulation of certains of oil - entails a fine for entrepreneurs, legal entities of small and medium enterprises - in the amount of two hundred, for legal entities of a large enterprise - in the amount of one thousand monthly calculation indices.

      2. Exceeding of the persons, engaged in wholesale trade of commercial or liquefied petroleum gas, the limit prices of wholesale trade established in accordance with the laws of the Republic of Kazakhstan on gas and gas supply - entails a fine for legal entities of small and medium-sized enterprises - in the amount of two hundred to three hundred, for legal entities of a large enterprise - in the amount of one thousand to two thousand monthly calculation indices.

      3. Actions, provided by first and second parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for entrepreneurs, legal entities in the amount of one hundred percent of the income (revenue), obtained as a result of an administrative offence with the suspension or deprivation of the certificate of accreditation.

      Note. The income (revenue) obtained as a result of an administrative offence, means the difference between the income (revenues) received by an individual entrepreneur or legal entity, who has committed an administrative offence, and the income (revenue) that an individual entrepreneur or legal entity should have received in compliance with the legislation of the Republic of Kazakhstan.

      Footnote. Chapter 14 is supplemented by Article 147-12 in accordance with the Law of the Republic of Kazakhstan dated 09.01.2012 No. 533-IV (the order of enforcement see Art. 2).

Article 147-13. Violation of the legislation of the Republic of Kazakhstan on electricity

      Note of the RCLI!
      aragraph 1 is valid until 01.01.2017 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V.

      1. Failure to publish, untimely, misleading or incomplete publication by energy producing company in the media of the information about the volume and direction of investment or execution of the investment obligations under the legislation of the Republic of Kazakhstan on electricity - entails a fine for legal entities of medium enterprise - in the amount of two hundred, for legal entities of a large enterprise - in the amount of one thousand monthly calculation indices.

      Note of the RCLI!
      aragraph 2 is valid until 01.01.2017 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V.

      2. Failure to submit, untimely, misleading or incomplete presentation of energy producing company of the report on the cost of production and sale of electric energy and the volume of production and sale of electric energy, provided by the legislation of the Republic of Kazakhstan on electricity - entails a fine for legal entities of medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      3. Failure to submit, untimely, misleading or incomplete presentation of energy producing company the requested by the government agencies information necessary to carry out their duties under the legislation of the Republic of Kazakhstan on electricity - shall be punished by a fine for legal entities of medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      Note of the RCLI!
      aragraph 4 is valid until 01.01.2017 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V.

      4. Non-performance of the energy producing companies the investment obligations stipulated by the agreement, except in cases provided by laws of the Republic of Kazakhstan on electricity -entails a fine for legal entities of medium and large business - in the amount of ten percent of the amount not used for investment obligations under the agreement.

      5.Unlawful restriction and (or) cutting-off of energy producing company the electricity to consumers - entails a fine for officials, entrepreneurs - in the amount of twenty, for legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of seventy-five monthly calculation indices.

      6. Rejection of energy-supplying organization from conclusion of an individual energy supply agreement with a consumer - entails a fine for officials, entrepreneurs in the amount of twenty, for legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of seventy-five monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 147-13 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 148. Entrepreneurial activities without adequate re-registration of legal entity, branch, representative office

      (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 149. Violation of the terms of issue of the license, special permit, qualification certificate (license) to entrepreneurial activities

      (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 150. Violation of the order of issuance of the license, special permit, qualification certificate (license)

      (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 151. Unlawful interference of officials to entrepreneurial activities

      Unlawful interference with government officials, performing supervisory and controlling functions, and local agencies in the activities of individual entrepreneurs, legal entities by the adoption of illegal acts and giving illegal orders to prevent their business activities - entails a fine in the amount of fifty to one hundred monthly calculation indices.

      Footnote. Article 151 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 151-1. Bribery of participants and organizers of professional sporting events and spectacular commercial competitions

      1. Bribery of athletes, sports referees, coaches, team leaders and other participants or organizers of professional sporting events, as well as the organizers and the members of jury of the spectacular commercial competitions in order to influence the outcome of these contests or competitions - entails a fine in the amount of one hundred to two hundred monthly calculation indices or an administrative arrest for up to thirty days.

      2. The actions, specified in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of two hundred to four hundred monthly calculation indices or an administrative arrest for up to forty five days.

      3. Illegal acceptance of the athletes money, securities or other property transferred to them in order to influence the results of the competition, as well as the illegal use by athletes the property-related services provided to them for the same purpose - shall be punished by a fine in the amount of two hundred to four hundred monthly calculation indices or an administrative arrest for up to thirty days.

      4. Illegal acceptance of money, securities or other property, illegal use of property-related services by sports referees, coaches, team leaders and other participants or organizers of professional sporting events, as well as the organizers and the members of jury of spectacular commercial competitions for the purposes described in the third part of this article, - shall be punished by a fine in the amount of two hundred to four hundred monthly calculation indices or an administrative arrest for up to forty five days.

      Footnote. The Code is supplemented by Article 151-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 152. Illegal transfer of controlling and supervising functions

      (Is excluded by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006).

Article 153. Violation of the order of inspection of private enterprises

      1. Violation of the order of inspection of private enterprises, includes:

      1) the absence of grounds for inspection;

      2) lack of inspection act;

      3) delay in notification of the inspection;

      4) a verification of the compliance with the requirements imposed by the Laws of the Republic of Kazakhstan, the decrees of the President of the Republic of Kazakhstan and the regulations of the Government of the Republic of Kazakhstan, unless such requirements are not within the competence of the state authority;

      5) The requirement to provide documents, information, samples of products, samples of surveys of the environment and objects of work environment if they are not subject to inspection or not relevant to the inspection;

      6) Selection of samples of products, samples of surveys of objects of the environment and objects of the work environment for their research, testing, measurements without issuing protocols on the selection of these samples, the samples in the prescribed form and (or) the amount in excess of the standards set by national standards, rules of sampling, samples and methods of research, testing, measurements, technical regulations or force up to the date of enactment of other normative and technical documents, rules and methods of research, testing and measurements;

      7) release and (or) dissemination of the information obtained as a result of an audit, and containing a commercial or other secrets protected by law, except in cases provided by legislation of the Republic of Kazakhstan;

      8) exceeding the established date of the audit;

      9) conducting an obviously re-checking of the person or legal entity, which are previously audited, in one and the same question, for the same period, except in cases provided by sub-paragraphs 2), 4), 6), 7) and 8) of paragraph 7 of Article 16 of the Law of the Republic of Kazakhstan "On State Control and Supervision in the Republic of Kazakhstan";

      10) organization of expensive events for the state control at the expense of private enterprises;

      11) violation of the time interval in relation to a prior inspection by appointment of scheduled inspection;

      12) failure of submit to the inspected subject the inspection act - entails a fine for an official in the amount of ten to twenty monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - shall be punished by a fine for an official in the amount of twenty to twenty five monthly calculation indices.

      Footnote. Article 153 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011), dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 154. False entrepreneurship

      1. False entrepreneurship is the creation of private enterprises or the purchase of shares (stakes, interests) of other legal entities providing the right to determine their solutions, as well as manage them, with no intention to carry out business activities, on condition that all committed transactions pursuing illegal goals, if these actions do not contain elements of a criminal offence - entails a fine for individuals, entrepreneurs in the amount of thirty, for legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of seventy percent of the amount of damages.

      2. The actions, specified in the first part of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals, individual entrepreneurs in the amount of fifty, for legal entities of small and medium-sized business - in the amount of seventy, for legal entities of a large enterprise - in the amount of one hundred percent of the amount of damages.

      Note. Transactions pursuing illegal goals in this Article and Article 154-1 of this Code are transactions aimed at illegal credit, tax evasion, a cover for banned activities, illegal income and (or) removing other property benefit, and assistance in the commission of such acts.

      Footnote. Article 154 is in the wording of the Law of the Republic of Kazakhstan dated 08.12.2009 No. 225-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 154-1. Commission by the subjects of the private enterprise the transaction(s) without intention to engage in business activities

      1. Commission by the subjects of the private enterprise the transaction (s) (including the use of invoices) without actually performing the work, services, shipment of goods, and pursuing illegal goals, if this action does not contain elements of a criminal offence - entails a fine for individuals, entrepreneurs in the amount of fifteen, for legal entities of small and medium-sized business - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty percent of the amount of damages.

      2. Action, provided in the first part of this Article, if repeated within a year after the imposition of an administrative penalty, - entails a fine for individuals, entrepreneurs in the amount of thirty, for legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of seventy percent of the amount of damages.

      Footnote. The Code is supplemented by Article 154-1 in accordance with the Law of the Republic of Kazakhstan dated 08.12.2009 No. 225-IV (the order of enforcement see Art. 2) as amended by the Law of the of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 155. Misconduct in bankruptcy

      1. Concealment of property or property obligations, the information about the property, its size, location or other information about the property, transfer of property into other possession, disposal or destruction of property, as well as concealment, destruction, falsification of accounting and other records reflecting to the economic activity, if these acts committed in bankruptcy or in anticipation of bankruptcy and do not contain elements of a criminal offence, - entails a fine for officials or owners of debtor organization or individual entrepreneurs in the amount of eighty to one hundred, for legal entities of small and medium-sized business - in the amount of three hundred and fifty to five hundred, and for legal entities of a large enterprise - in the amount of six hundred to one thousand monthly calculation indices.

      2. Wrongful satisfaction of the property claims of the individual creditors by an official, the owner of the organization of the debtor or an individual entrepreneur, who are aware of its actual insolvency (bankruptcy), as well as by a person who has control functions on the property and affairs of an insolvent debtor in bankruptcy proceedings or rehabilitation proceedings, obviously to damage to other creditors, as well as acceptance of such satisfaction by the creditor, who knows about the preference given to him by the bankrupt at the expense of other creditors, if these actions did not cause major damage, - entails a fine for officials or owners of debtor organization or individual entrepreneurs, or those who charged with governance functions of property and affairs of an insolvent debtor in bankruptcy proceedings or rehabilitative treatment - in the amount of eighty to one hundred, for legal entities of small and medium enterprises - in the amount of four hundred to six hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      Footnote. Article 155 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 05.07.2008 No. 60 - IV (the order of enforcement see Art. 2), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 155-1. Violations of the legislation of the Republic of Kazakhstan on bankruptcy by bankruptcy manager, rehabilitation manager and administrator of external observation

      1. Violations of the legislation of the Republic of Kazakhstan on bankruptcy by a bankruptcy manager, committed as follows:

      delayed formation of a creditor’s committee;

      failure to present to persons, having a debt to the debtor, the requirements for recovery of debts;

      non-disclosure of information to law enforcement agencies in cases of detection of the evidence of willful and (or) false bankruptcy;

      non-claim for invalidation of transactions made by the debtor in the circumstances specified in the legislation of the Republic of Kazakhstan on bankruptcy in cases of their identification or the return of the property by the courts;

      delays in consideration of the creditors' request in accordance with legislation of the Republic of Kazakhstan on bankruptcy;

      handling accounts with the creditors in violation of the established order of satisfaction of the creditors’ requirements;

      violation of the order of publication of the information message on the auction;

      selling the debtor's property in violation of the plan for sales of the property (assets) of a debtor;

      non-performance of terms of the agreement entered into with the creditors' committee;

      over expenditure or unauthorized use of money, provided by the estimate of the administrative costs, - entails a fine in the amount of fifty to seventy monthly calculation indices.

      2. Violations of the legislation of the Republic of Kazakhstan on bankruptcy by a rehabilitation manager, committed as follows:

      non-claim for invalidation of transactions made by the debtor in the circumstances specified in the legislation of the Republic of Kazakhstan on bankruptcy in cases of their identification or the return of the property by the courts;

      delays in consideration of the creditors' request in accordance with legislation of the Republic of Kazakhstan on bankruptcy;

      handling accounts with the creditors in violation of the established order of satisfaction of the creditors’ requirements;

      non-fulfillment of the rehabilitation plan of the insolvent debtor;

      conclusion without the consent of the creditors' committee of the transactions giving rise to new liabilities of the debtor, if the total liabilities of the debtor that arose after the introduction of the rehabilitation procedure, more than twenty percent of the total amount payable at the time of introduction of the rehabilitation process;

      non-performance of terms of the agreement entered into with the creditors' committee;

      over expenditure or unauthorized use of money, provided by the estimate of the administrative costs, -entails a fine in the amount of fifty to seventy monthly calculation indices.

      3. Violations of the legislation of the Republic of Kazakhstan on bankruptcy by an administrator of external observation, committed as follows:

      disagreement with the creditor’s committee the actions in relation to conclusion by the debtor transactions for the disposal of property assets, transfer of property to mortgage or rent, as well as other transactions at prices significantly below the market, or without due cause, the performance of which will cause losses to the debtor, carrying out the re-organization;

      non-disclosure of information to law enforcement agencies in cases of detection of the evidence of willful and (or) false bankruptcy in the procedure of external observation or non-claim to the debtor for invalidation of transactions for the disposal of property, worsened the financial situation of the debtor, - entails a fine in the amount of fifty to seventy monthly calculation indices.

      4. Actions (inaction), stipulated in the first, second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine in the amount of eighty to one hundred monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 155-1 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 60-IV (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 155-2. Gross violation of the established order of public bidding, auction or tender

      Gross violation of the established order of public bidding, auction or tender, caused major damage to the owner of the property, the organizer of trading or auction, the buyer or other business entity, - entails a fine in the amount of one hundred to three hundred monthly calculation indices or an administrative arrest for up to forty five days.

      Note. As major damage in this article recognizes the damage caused to an individual by an amount exceeding one hundred times the monthly calculation index, or damage to the organization or the state in the amount exceeding five hundred times the monthly calculation index.

      Footnote. The Code is supplemented by Article 155-2 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 156. Deliberate bankruptcy

      Deliberate bankruptcy, is an intentional creation or increase of insolvency, committed by the manager or owner of a commercial organization, as well as by individual entrepreneur for personal interests or interests of other persons, if the act does not contain the elements of a criminal offence, - entails a fine for officials, entrepreneurs in the amount of one hundred to one hundred and fifty, for legal entities of small and medium enterprises - in the amount of four hundred to five hundred, and for legal entities of a large enterprise - in the amount of seven hundred to eight hundred monthly calculation indices.

      Footnote. Article 156 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 60-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 157. False bankruptcy

      False bankruptcy is deliberately false announcement by a manager or owner of a commercial organization, as well as individual entrepreneur for bankruptcy in order to mislead creditors for getting deferral or installment payments due to creditors or debt discounts, as well as for non-payment of debts, if the act does not contain elements of a criminal offence, -entails a fine for officials, entrepreneurs in the amount of fifty to seventy, for legal entities of small and medium-sized business - in the amount of three hundred fifty to four hundred, and for legal entities of a large enterprise - in the amount of five hundred and fifty to seven hundred monthly calculation indices.

      Footnote. Article 157 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 05.07.2008 No. 60-IV (the order of enforcement see Art. 2), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 157-1. Violation of the legislation of the Republic of Kazakhstan on valuation activities

      1. Making by appraiser the uncertain property valuation report, as well as the property assessment in cases prohibited by the legislation of the Republic of Kazakhstan on valuation activities, - entails a fine for individual entrepreneurs in the amount of fifty, for legal entities of small or medium-sized business or non-profit organization - in the amount of seventy, for legal entities of a large enterprise - in the amount of one hundred twenty monthly calculation indices with the suspension of the license to engage in evaluation.

      2. The actions, specified in first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for individual entrepreneurs in the amount of seventy, for legal entities of small or medium-sized business or non-profit organization - in the amount of ninety, for legal entities of a large enterprise - in the amount of one hundred and eighty monthly calculation indices with the deprivation of the license for evaluation activities.

      Footnote. The Code is supplemented by Article 157-1 in accordance with the Law of the Republic of Kazakhstan dated 09.11.2009 No. 197-IV (the order of enforcement see Art. 3).

Article 158. Breach of the duty to save commercial, banking secrecy, information of credit reports or information from the database of the credit history of the credit bureau

      Breach of the duty to save the information, containing commercial, banking secrecy, or information of credit reports or information derived from the database of the credit history of the credit bureau, without the consent of the owner to the person to whom they are known in connection with the professional or official duties, if it does not contain elements of a criminal offence, -entails a fine in the amount of fifty monthly calculation indices.

      Note.

      1. A person is not liable in case of transfer of the information, containing commercial, banking secrecy, or information of the credit reports or information derived from the database of the credit history of the credit bureau, to the owner or persons who have, in accordance with the legislative acts the right to receive information on their legal requirements.

      2. Imposition of administrative responsibility for the commission of an offence under this Article shall be upon the application of the aggrieved organizations, the owner or the individual entrepreneur.

      Footnote. Article 158 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 06.07.2004 No. 572, dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 158-1. Breach of the duty to the insurance secrecy

      Breach of the duty to keep the information containing the insurance secrecy, without the consent of the owner to the person to whom they are known in connection with the professional or official duties, - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 158-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2003 No. 483 (shall be enforced from January 1, 2004) as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 158-2. Breach of the duty to the secrecy of the pension savings

      Breach of the duty to keep the information containing the secret of pension savings, without the consent of the owner to the person to whom they are known in connection with the professional or official duties, - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 158-2 in accordance with the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008) as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 158-3. Violation of the legislation of the Republic of Kazakhstan on tourist activity

      1. Failure to submit, untimely or incomplete presentation to tourist by persons, carrying out tourist activities the information about the features of travel, the dangers they may encounter when making journeys, specified in the rules of tourism services, or failure of preventive measures to ensure the safety of tourists, - entails a fine for entrepreneurs - in the amount of ten, for legal entities of small and medium enterprises - in the amount of twenty-five, and for legal entities of a large enterprise - in the amount of fifty monthly calculation indices.

      2. Provision of tourism services by persons engaged in tourism activities, without a written contract for tourist services - entails a fine for individual entrepreneurs - in the amount of ten, for legal entities of small and medium enterprises - in the amount of twenty-five, and for legal entities of a large enterprise - in the amount of fifty monthly calculation indices with the suspension of the license.

      3. Actions (inaction), provided in the first and second parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty, -entails a fine for entrepreneurs - in the amount of twenty, for legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices with the deprivation of the license.

      4. Failure provide or late provision of the persons engaged in tourism activities, to the relevant bodies and family of tourist the information on emergencies with tourists during the travel -entails a fine individual entrepreneurs - in the amount of twenty, for legal entities of small and medium enterprises - the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices with the suspension of the license.

      5. Actions (inaction), specified in the fourth part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for entrepreneurs - in the amount of fifty, for legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of one hundred and fifty monthly calculation indices with the deprivation of the license.

      Footnote. Chapter 14 is supplemented by Article 158-3 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 N 59-IV (the order of enforcement see Art. 2).

Article 158-4. Failure to provide or late provision of the information on institution in the court the case on corporate disputes

      Failure to provide or late provision of the information on institution of proceedings on corporate disputes, if it is provided by law, - entails a fine for officials in the amount of twenty-five monthly calculation indices, for legal entities - in the amount of five hundred monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 158-4 in accordance with the Law of the Republic of Kazakhstan dated 11.01.2011 No. 385-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 158-5. Violation of the order and time for consideration the applications of individuals and legal entities

      1. Large business entity violates the order and time for consideration the applications of individuals and legal entities, established by the legislation of the Republic of Kazakhstan on the order of consideration of applications of individuals and legal entities, -entails a fine for officials - in the amount of thirty, for legal entities - in the amount of fifty monthly calculation indices.

      2. The same actions (inaction), committed repeatedly within a year after the imposition of an administrative penalty, provided by first part of this Article, - entails a fine for officials - in the amount of fifty, for legal entities - in the amount of one hundred monthly calculation indices.

      Footnote. Chapter 14 is supplemented by Article 158-5 in accordance with the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 15. Administrative offences in trade and finance

Article 159. Consumer fraud

      1. False measurement, false weighting, cheating in account, fraud about the consumer properties or quality of the goods (services) or other consumer fraud by individual entrepreneurs or organizations engaged in trading activities and the provision of services, - entails a fine for individuals of up to three, and for legal entities and individual entrepreneurs - in the amount of five to ten monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for individuals in the amount of twenty to thirty, and for legal entities and individual entrepreneurs - in the amount of fifty to one hundred monthly calculation indices with the deprivation of a license for a certain of activity and prohibition of activities for up to three years.

      3. The actions, specified in the first part of this Article, caused a considerable amount of damage,- entails a fine for individuals in the amount of twenty to thirty, and for legal entities and individual entrepreneurs - in the amount of fifty to one hundred monthly calculation indices with the deprivation of a license for a certain of activity or prohibition of activities for up to three years.

      4. The actions, specified in the first part of this Article, caused a major damage, - entails a fine for individuals in the amount of thirty to one hundred monthly calculation indices, and for officials and individual entrepreneurs - in the amount of one hundred to two hundred monthly calculation indices with the deprivation of a license for a certain activity or prohibition of activities for up to three years, or an administrative arrest for up to forty-five days.

      Note. For purposes of this Article, a considerable amount of damage shall be the amount exceeding one monthly calculation index, a major damage is the amount not less than three monthly calculation indices.

      Footnote. Article 159 is in the wording of the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 160. Violation of the order of selling of weapons and ammunition

      1. Sale by workers of arms trade organization of weapons and ammunition to it to individuals, organizations that do not have a permit, - entails a fine in the amount of thirty to fifty monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

      shall be punished by a fine in the amount of fifty to eighty monthly calculation indices.

      3. Sale by workers of arms trade organization of special technical devices for special investigative operations and cryptographic means for information security to individuals, organizations that do not have a permit, except for government agencies authorized to conduct operational-search activities, entails a fine in the amount of twenty to forty monthly calculation indices.

      Footnote. Article 160 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 161. Violation of the legislation of the Republic of Kazakhstan in the regulation of trade activities

      1.Failure to provide at the request of the buyer the necessary information about the product, its place of origin, manufacturers, consumer characteristics, warranty and the order of claims - entails a warning or fine for individuals in the amount of one to two, and for legal entities and individual entrepreneurs - in the amount of five to seven, and for legal entities of small and medium-sized business - in the amount of five to ten, for legal entities of a large enterprise - in the amount of twenty to thirty monthly calculation indices.

      2. (Is excluded - by the Law of the Republic of Kazakhstan dated 17.07.2009 N 188-IV (the order of enforcement see Art. 2).

      3. (Is excluded - by the Law of the Republic of Kazakhstan dated 17.07.2009 N 188-IV (the order of enforcement see Art. 2).

      4. Illegal use of an official document certifying the conformity of the goods to safety requirements, - entails a fine for individuals in the amount of three to seven, and for legal entities and individual entrepreneurs - in the amount of twenty to forty, and for legal entities of small and medium enterprises - in the amount of fifty to one hundred, for legal entities of a large enterprise - in the amount of one hundred to one hundred and fifty monthly calculation indices and with the confiscation of goods or without it.

      5. Actions (or inaction), provided in the first and fourth parts of this Article, repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of seven to ten, and for legal entities and individual entrepreneurs - in the amount of forty to fifty, for legal entities of small and medium-sized business - in the amount of one hundred to one hundred and twenty, for legal entities of a large enterprise - in the amount of one hundred and fifty to two hundred monthly calculation indices with the confiscation of goods or without it.

      Footnote. Article 161 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 17.07. 2009 No.188-IV (the order of enforcement see Art. 2).
      Note of the RCLI!
      Article 161-1 is in the wording of the Law of the Republic of Kazakhstan dated 21.06.2012 No. 19-V (shall be enforced from 01.01.2013).

Article 161-1. Refusal to accept payments by payment cards

      Refusal to accept payments with the use of credit cards by trade (serving) organizations, which are obliged to take them in the implementation of trade transactions (services), - entails a fine for individual entrepreneurs in the amount of twenty to fifty, and for legal entities - in the amount of fifty to one hundred monthly calculation indices.

      Note. Trade (serving) organizations, mentioned in this article include the individual entrepreneurs and legal entities, categories of which are approved by the Government of the Republic of Kazakhstan.

      Footnote. Chapter is supplemented by Article 161-1 in accordance with the Law of the Republic of Kazakhstan dated October 21, 2005 No. 80.
      Note of the RCLI!
      Chapter 15 is supplemented by Article 161-2 in accordance with the Law of the Republic of Kazakhstan dated 21.06.2012 No. 19-V (shall be enforced from 01.01.2013).

Article 162. Illegal trade of goods and other items

      Trade of goods and other items, free trade of which is prohibited or limited by law, - entails a fine in the amount of ten to twenty-five monthly calculation indices with the compensated seizure of the goods or items.

      Footnote. Article 162 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 163. Violation of the legislation of the Republic of Kazakhstan in the sphere of production and (or) circulation of ethyl alcohol and alcoholic product

      1. Violation of the rules of declaring of ethyl alcohol and (or) alcoholic products, the rules of design of accompanying note for ethyl alcohol and (or) alcoholic products, as well as a failure to submit or late submission of returns on production and circulation of ethyl alcohol and (or) alcoholic products, as well as accompanying note for ethyl alcohol and (or) alcohol - entails a fine for individuals and officials in the amount of twenty, for entrepreneurs, legal entities of small and medium-sized business - in the amount of seventy, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      2. Actions, provided by the first part of this Article, if repeated within a year after the imposition of an administrative penalty, entails a fine for individuals and officials in the amount of fifty, for entrepreneurs, legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of two hundred monthly calculation indices.

      3. Violation of the rules for circulation of ethyl alcohol and (or) alcoholic products, committed as follows:

      storage and sale of alcoholic products in places that are not established by the legislation of the Republic of Kazakhstan;

      circulation (excluding exports) of ethyl alcohol and (or) alcoholic products is not at the address specified in the license;

      sale of alcoholic products in the combined polymer packaging, including cardboard packing with plastic and foil-coated plastic bag, placed in a cardboard box, as well as retail sales in the deformed containers and bottles with clear signs of a breakage with damaged packing;

      sale of alcoholic products in tin containers (except wine stock, beer and low-alcoholic beverages with less than twelve percent of the strength), in bottles without labels and plastic containers;

      circulation of (excluding exports) alcoholic products is below established by the Government of the Republic of Kazakhstan the minimum prices;

      storage and sale of ethyl alcohol (including denaturated ethyl alcohol (ethanol), intended as an additive to petroleum products), and (or) alcoholic products at the same address, in the same fixed premises, by two or more licensees;

      storage, sale and (or) transport of ethyl alcohol and (or) alcoholic products without accompanying note, - entails a fine for individuals in the amount of five hundred percent of the rate of excise on excisable goods, which were the direct object of the offence, for officials - at the rate of one hundred and twenty, for entrepreneurs, legal entities of small business - in the amount of one hundred and fifty, for individual entrepreneurs and legal entities of medium-sized business - in the amount of two hundred, for legal entities of a large enterprise - in the amount of six hundred monthly calculation indices with the confiscation of excisable goods, which were the direct object of the offence and (or) of the proceeds, received as a result of the offence.

      4. The actions, provided by the third part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -entails a fine for individuals in the amount of eight hundred per cent of excise duty rates for excise goods, which were the direct object of the offence, for officials - at the rate of one hundred and forty, for entrepreneurs, legal entities of small business - in the amount of two hundred, for individual entrepreneurs, legal entities of medium-sized business - in the amount of two hundred and fifty, and for legal entities of a large enterprise - in the amount of eight hundred monthly calculation indices with the confiscation of excisable goods, which were the direct object of the offence, and (or) of the proceeds, received as a result of the offence .

      5. Violation of rules for the production of ethyl alcohol and (or) alcoholic products, committed as follows:

      refusal to provide the information to the authorized body or the provision of false information in the field of production and circulation of ethyl alcohol and alcoholic products, as well as failure to submit, within thirty calendar days, in writing, information on the changes and additions to the passport production;

      production of alcoholic beverages (excluding wine material) without equipping for water conditioning by the non-conformity of potable water with the requirements for safety;

      production of alcoholic beverages with faulty control devices of account, either with the control devices of the account, not exercising the automated transfer of information on the amount of output to the authorized body;

      production of ethyl alcohol with defective alcohol-measuring devices, as well as with above-level deviations in the account;

      operation of alcohol-measuring devices, test meters, flanges without sealing or disruption of the seals, imposed on them by the authorized body;

      production and storage of ethyl alcohol (including denatured ethyl alcohol (ethanol), intended as an additive to petroleum products), and (or) alcoholic products at the same address, in the same fixed premises, at the same equipment by two or more licensees - entails a fine for officials in the amount of one hundred and twenty, for individual entrepreneurs and legal entities of medium-sized business - in the amount of two hundred, for legal entities of a large enterprise - in the amount of seven hundred monthly calculation indices with the suspension of the license for a certain of activity.

      6. Actions, provided in the fifth part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for officials in the amount of one hundred and fifty, for individual entrepreneurs and legal entities of medium-sized business - in the amount of three hundred, for legal entities of a large enterprise - in the amount of nine hundred monthly calculation indices with the deprivation of the license for a certain of activity.

      7. Violation of the conditions of production and circulation of ethyl alcohol and (or) alcoholic products, committed as follows:

      activities during the period of suspension of the license for such activities;

      production of alcohol products from ethyl alcohol, produced not from food raw materials, as well as of denaturated ethyl alcohol (ethanol), - entails deprivation of the license for a relevant activity.

      8. Sale of alcoholic beverages in children’s institutions, educational organizations and the surrounding areas within a hundred meters - entails the suspension of the license.

      9. The action, provided in the eighth part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails deprivation of the license for a relevant activity.

      Footnote. Article 163 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 163-1. Using a brand of tobacco product

      1. Intentional distribution, exhibition and sale of any products that have on itself the tobacco product brand, except the tobacco products or any bundle, package, in which tobacco products are sold or transported, - entails a fine for individuals in the amount of five to ten, and for legal entities and individual entrepreneurs - in the amount of fifteen to twenty, for legal entities of small and medium-sized business - in the amount of twenty to forty, for legal entities of a large business - in the amount of forty to fifty monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for individuals in the amount of ten to fifteen, and for legal entities and individual entrepreneurs - in the amount of twenty to thirty, for legal entities of small and medium-sized business - in the amount of thirty to seventy, for legal entities a large business - in the amount of seventy to one hundred monthly calculation indices.

      Footnote. Article 163-1 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 163-2. Violation of the legislation for information on tobacco and tobacco products

      1. Violation of the legislation for information on tobacco and tobacco products -entails a fine for individuals in the amount of five to ten, and for legal entities and individual entrepreneurs - in the amount of fifteen to twenty, for legal entities of small and medium-sized business - in the amount of twenty to forty, for legal entities of a large business - in the amount of forty to fifty monthly calculation indices.

      2. Action, specified in the first part of this Article, if repeated within a year after the imposition of an administrative penalty, -a fine for individuals in the amount of ten to fifteen, and for legal entities and individual entrepreneurs - in the amount of twenty to thirty, for legal entities of small and medium-sized business - in the amount of thirty to seventy, for legal entities a large business - in the amount of seventy to one hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 163-2 in accordance with the Law of the Republic of Kazakhstan dated June 19, 2007 No. 264 (the order of enforcement see Art. 2 of the Law).

Article 163-3. Violation of the legislation of the Republic of Kazakhstan for the sale of tobacco and tobacco products, as well as the production, sale and distribution of goods, imitating tobacco

      1. Violation of the legislation of the Republic of Kazakhstan for the sale of tobacco and tobacco products, except as provided in Article 114 of this Code - shall be punished by a warning or a fine for individuals in the amount of five, for individual entrepreneurs - in the amount of twenty, for legal entities of small and medium-sized business - in the amount of forty, for legal entities of a large enterprise - in the amount of sixty monthly calculation indices.

      2.The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -entails a fine for individuals in the amount of the ten, for individual entrepreneurs - in the amount of thirty five, and for legal entities of small and medium enterprises - in the amount of seventy, for legal entities of a large enterprise - in the amount of ninety monthly calculation indices with the suspension of activities or certains of activities.

      3. Producing, selling, distribution of goods, that imitate tobacco products, - entails a warning or a fine for individuals in the amount of three, for entrepreneurs - in the amount of five, for legal entities of small and medium enterprises - in the amount of eight, for legal entities of a large enterprise - in the amount of twenty monthly calculation indices.

      4. The actions, specified in the third part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for individuals in the amount of five, for individual entrepreneurs - in the amount of eight, for legal entities of small and medium enterprises - in the amount of fifteen, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      Footnote. Chapter 15 is supplemented by Article 163-3 in accordance with the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 163-4. Violation of the legislation of the Republic of Kazakhstan on the sale of alcoholic products

      1. Sale of alcoholic products to persons under the age of twenty-one - entails a fine for individuals in the amount of five, for entrepreneurs, legal entities of small and medium-sized business - in the amount of forty, for legal entities of a large enterprise - in the amount of sixty monthly calculation indices with the suspension of the license to the appropriate activity.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for individuals in the amount of ten, for entrepreneurs, legal entities of small and medium-sized business - in the amount of seventy, for legal entities of a large enterprise - in the amount of ninety monthly calculation indices with the deprivation of the license to the appropriate activity.

      3. Sale of alcoholic beverages (except for sale in department stores, restaurants, bars and cafйs)

      On weekdays from 23 to 8:00 am

      on weekends, public holidays from 24 to 8:00 am - entails a fine for individuals in the amount of five, for entrepreneurs, legal entities of small and medium-sized business - in the amount of forty, for legal entities of a large enterprise - in the amount of sixty monthly calculation indices with the suspension of the license to the appropriate activity.

      4. The actions, specified in the third part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for individuals in the amount of ten, for entrepreneurs, legal entities of small and medium-sized business - in the amount of seventy, for legal entities of a large enterprise - in the amount of ninety monthly calculation indices with the deprivation of the license to the appropriate activity.

      Footnote. Chapter 15 is supplemented by Article 163-4 in accordance with the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV; as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 163-5. Restriction of access of the goods to trading network or large shopping centers

      1. Restriction by traders, carrying out activities for the sale of goods through the organization of trade network or large shopping centers, of the access of goods to trading network or large commercial properties, expressed in an unjustified refusal to conclude a contract for the supply of goods or a contract, bearing deliberately discriminatory character and containing conditions:

      1) on the prohibition to conclude to the subject of trading activity the contracts for supplying goods with other traders, engaged in similar activities, as well as with other traders in similar or other conditions;

      2) on the requirement that a traders, engaged in supplying goods, provides the information about entering into contracts with other traders, engaged in similar activities, - entails a fine in the amount of one hundred monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine in the amount of four hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 163-5 in accordance with the Law of the Republic of Kazakhstan dated 26.01.2011 No. 400-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 163-6. Exceeding the maximum allowable size of retail process for socially important food products

      1. Exceeding by the subjects of trading activities of the maximum allowable size of the retail prices for socially important food products in accordance with the laws of the Republic of Kazakhstan on regulation of trading activities - entails a fine in the amount of one hundred monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine in the amount of four hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 163-6 in accordance with the Law of the Republic of Kazakhstan dated 26.01.2011 No. 400-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 164. Sale of goods without documents

      1. Sale of goods by individual entrepreneurs and organizations, engaged in commercial activities, without any documents containing information about the country of origin, the manufacturer, supplier or vendor or reliable and sufficient information about the product (service) in the State and Russian languages??, except in cases provided by Articles 317, 317-1 of this Code, - entails a fine for officials, entrepreneurs in the amount of five to twenty, for legal entities of small and medium-sized business - in the amount of thirty to seventy, for legal entities of a large enterprise - in the amount of eighty to one hundred fifty monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine for officials, entrepreneurs in the amount of ten to thirty, for legal entities of small and medium enterprise - in the amount of eighty to one hundred and fifty, for legal entities of a large enterprise - in the amount of one hundred fifty to three hundred monthly calculation indices.

      Footnote. Article 164 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 165. Trade in unestablished places

      Trade out of the places, established by the local authority- entails a warning or a fine of up to five monthly calculation indices.

Article 166. Incomplete and late payment of non-tax payments and proceeds of capital stock in the budget, except for the receipt of funds related to grants

      Footnote. Title of Article 166 as amended by the Law of the Republic of Kazakhstan dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication)

      Incomplete and late payment of non-tax payments and proceeds of capital stock in the budget, except for the receipt of funds related to grants, - entails a fine for individuals in the amount of three to ten, and for legal entities and individual entrepreneurs - in the amount of fifty to two hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to four hundred, for legal entities of a large enterprise - in the amount of three hundred to one thousand monthly calculation indices.

      Footnote. Article 166 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2006 No. 165 (the order of enforcement see Art. 2), dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 166-1. Refusal to accept at nominal value of banknotes and coins of the national currency

      1. Refusal to accept at nominal value of banknotes and coins of the national currency, circulating in the Republic of Kazakhstan and subject to accept in accordance with the normative legal acts of the National Bank of the Republic of Kazakhstan, - entails a fine for entrepreneurs, legal entities of small or medium-sized business or non-profit organization in the amount of ten, for legal entities of a large enterprise - in the amount of twenty five monthly calculation indices.

      2. The refusal by banks and organizations, engaged in certains of banking operations in the reception, change and exchange of banknotes and coins of the national currency, circulating in the Republic of Kazakhstan and subject to accept in accordance with the normative legal acts of the National Bank of the Republic of Kazakhstan, - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 166-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 167. Violation of the legislation of the Republic of Kazakhstan on public procurement

      1. Violation of the legislation of the Republic of Kazakhstan on public procurement to competition or auction documents by reference to the characteristics that define the identity of the purchased goods, works and services to specific potential suppliers, except in cases provided by laws of the Republic of Kazakhstan on public procurement, - entails a fine for officials in the amount of fifty monthly calculation indices.

      2. Delays in the sending of the text of changes and (or) supplements to the tender or auction documentation to the persons, the information of whom is included in the register of the persons, who have received the tender or auction documentation, as well as late publication of an updated tender or auction documentation -entails a fine for officials in the amount of thirty monthly calculation indices.

      3. Refusal to fulfill the public procurement in cases, not provided by the legislation of the Republic of Kazakhstan on public procurement, - entails a fine for officials in the amount of one hundred monthly calculation indices.

      4. Opening of envelopes with tender applications for participation in the competition with violation of deadlines, the time and place specified in the tender documents, as well as change the date, time and place of opening of envelopes with tender applications for participation in the competition without amending the tender documents - entails a fine for officials in the amount of fifty monthly calculation indices.

      5. Inquiries, as well as actions of the competition committee, related to the supplement to the application for participation in the competition with missing documents, replacing the documents, submitted in the application for participation in the competition, the adjustment of the improper documents, - entails a fine for officials in the amount of one hundred monthly calculation indices.

      6.Establishment in the tender documentation to potential suppliers, and (or) their subcontractors (co-authors) the qualification requirements, not provided by the legislation of the Republic of Kazakhstan on public procurement, - entails a fine for officials in the amount of one hundred monthly calculation indices.

      6-1. Violation of the legislation of the Republic of Kazakhstan on public procurement in the part of non-inclusion in the tender documentation the criteria, influencing the competitive price offer of the participants, - entails a fine for officials in the amount of fifty monthly calculation indices.

      6-2. Violation of the legislation of the Republic of Kazakhstan on public procurement in the part of non-use to price proposals for the value of the criteria influencing the competitive price offer of the participants, - entails a fine for officials in the amount of fifty monthly calculation indices.

      6-3. Unjustified recognition of the potential supplier and (or) his (her) subcontractors (subcontractors) as uncomfortable to the qualifications and (or) the requirements of the tender documentation on grounds, not provided by the legislation of the Republic of Kazakhstan on public procurement - entails shall be punished by a fine for officials in the amount of fifty monthly calculation indices.

      7. Made by the expert commission or preparation of an expert the knowingly false expert opinion, on the basis of which taken the illegal decision of the competition or auction, - entails a fine in the amount of fifty monthly calculation indices.

      8. Evasion of the customer from going to court with a suit to recognition the potential vendors, suppliers as unfair participants of public procurement in the following cases:

      non-performance or improper performance by the suppliers of the obligations to conclude contracts on public procurement;

      avoidance of the potential suppliers, selected as winners, from the conclusion of a public procurement contract, - entails a fine for officials in the amount of thirty monthly calculation indices.

      9. Public procurement, without the application of the legislation of the Republic of Kazakhstan on public procurement, regulating the choice of supplier and the conclusion of the contract on public procurement, in cases not provided by the legislation of the Republic of Kazakhstan on public procurement, -entails a fine for officials in the amount of one hundred monthly calculation indices.

      10. Actions (inaction), specified in the first, fourth, 6-1, 6-2 and 6-3 parts of this Article, if repeated within a year after the imposition of an administrative penalty entails a fine for officials in the amount of one hundred monthly calculation indices.

      11. Actions (inaction), specified in the second and eighth parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -entails a fine for officials in the amount of sixty monthly calculation indices.

      12. Action (specified in the seventh part of this Article, committed repeatedly within a year after the imposition of an administrative penalty -entails a fine for individuals in the amount of one hundred monthly calculation indices.

      13. Actions (inaction), stipulated in the third, fifth, sixth, and ninth parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -entails a fine for officials in the amount of two hundred monthly calculation indices.

      Note.

      As officials in this article should be understood:

      in the first part - the first heads of public procurement, the customer or persons performing their duties, responsible for implementing the organization's procedures and public procurement, and (or) those, who are directly involved in the development of a competitive auction or documentation;

      in the second part - the first heads of public procurement, the customer or persons performing their duties, responsible for implementing the organization's procedures and public procurement;

      in the third part - the first head of the customer or the person performing his duties;

      in the fourth and fifth parts - the Chairman of the competition committee, and his deputy, as well as the members and secretary of the competitive commission;

      in the sixth part- members of the tender or auction commission;

      in the Part 6-1 - the first Heads of public procurement;

      in the Part 6-2 - the Chairman of the competition committee, and his deputy, as well as the members of the tender committee;

      in the eighth and ninth parts- the Head of the customer, and (or) the person performing his duties;

      in the Part 6-3 - the Chairman of the competition committee, and his deputy, as well as the members of the competition committee.

      Footnote. Article 167 is in the wording of the Law of the Republic of Kazakhstan dated 21.07.2007 No. 304 (shall be enforced from 01.01.2008); as amended by the Law of the Republic of Kazakhstan dated 29.12.2009 No. 233-IV (the order of enforcement see Art. 2), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.01.2012 No. 543-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 167-1. Violation of the legislation of the Republic of Kazakhstan on the credit bureaus and the formation of credit histories

      1. Violation of the credit bureau legislation of the Republic of Kazakhstan on credit bureaus and the formation of credit -entails a fine to the official in the amount from five to fifty monthly calculation indices (monthly calculation index), to a legal entity - in the amount from twenty to two hundred monthly calculation indices.

      2.Providing information by the provider on the subject of credit history to the credit bureaus (except for the credit bureau with state participation) for the formation of a credit history and (or) a supply of a credit report request by the recipient for a credit report without the consent of the information except to provide with a negative information on the subject of credit history and (or) a credit report containing negative information about the subject of credit history, as well as its incorrect execution - punishable by a fine officer in the amount of fifty, a legal entity - in the amount from two hundred of monthly calculation indices.

      3. The disfiguration of the information by the provider from the subject of credit history - entails a fine for an official in amount from five to fifty monthly calculation indices, a legal entity - in the amount from twenty to two hundred monthly calculation indices, to the individual entrepreneur - in the amount from five to fifty monthly calculation indices.

      Footnote. Chapter 15 is supplemented by Article 167-1 in accordance with the Law dated 06.07.2004 No. 572 as amended by the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168. The payments and transfers of money on foreign exchange transactions without submitting documents, required by the currency legislation of the Republic of Kazakhstan

      1. Arranging of payments and money transfer by authorized banks on foreign exchange transactions without submitting the documents required in accordance with the currency legislation of the Republic of Kazakhstan - entails warning.

      2. The action, set forth in the first paragraph, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Article 168 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 168-1. Violation of the legislation of the Republic of Kazakhstan on micro credit organizations

      1. Implementation the activities by microcredit organization, which are not provided by the Law of the Republic of Kazakhstan "On Microfinance institution s" - entails a fine in the amount of one hundred monthly calculation indices.

      2. Distribution or placement the advertising by the microfinance institution in the media, which does not reflect reality on the day of its publication, if these actions are not a criminal offence - entail a fine in the amount of one hundred fifty monthly calculation indices.

      3. Failure, as well as repeated (two or more times within twelve consecutive calendar months) late submission of microfinance institution s to the authority for the control and supervision of financial market and financial organizations of the information required by the legislation of the Republic of Kazakhstan on microfinance institution s or granting to the authority for control and supervision of financial market and financial organizations, the microfinance information that does not contain the information as required under the laws of the Republic of Kazakhstan on microfinance institutions, or the provision of false information - entails a fine in the amount of two hundred monthly calculation indices.

      4. Failure to perform the duties, provided by the limited impact measures of the authorized body for the control and supervision of financial market and financial organizations by microfinance institutions - entails a fine in the amount of two hundred fifty monthly calculation indices.

      5. Repeated (two or more times within twelve consecutive calendar months) violation of the established by the National Bank of Kazakhstan, prudential standards and (or) other mandatory standards and limits by microfinance institutions - entails a fine in the amount of three hundred monthly calculation indices.

      Footnote. Article 168-1 is in the wording of the Law of the Republic of Kazakhstan dated 26.11.2012 No. 57-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-2. Violation of banking legislation of the Republic of Kazakhstan

      1.No disbursement, as well as late reporting, data or other information requested or giving to the authority for the control and supervision of financial market and to financial organizations by banks, major participants of banks, bank holding companies, as well as individual and legal entity s, the relevant characteristics of a bank or major participant bank holding company, in accordance with the banking laws of the Republic of Kazakhstan, the organizations engaged in certains of banking operations, accounting, information that does not contain data, the submission of which is required under the banking laws of the Republic of Kazakhstan, or providing false statements or information, or other information requested, - entails a fine - for individuals in the amount of fifty, on officials - of one hundred, on legal entities - in the amount of two hundred monthly calculation indices.

      2. Actions (inaction), provided by the first part of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on individuals in the amount of one hundred, on officials - two hundred, on legal entities - in the amount of six hundred monthly calculation indices.

      3. Repeated (two or more times within twelve consecutive calendar months) violation of banks and organizations engaged in certains of banking operations, established by the National Bank of the Republic of Kazakhstan for prudential regulations and (or) other mandatory standards and limits, - entails a fine on legal entities in the amount of three hundred monthly calculation indices.

      4. Repeated (two or more times in three consecutive calendar months) irregularity by the bank normative standards of minimum reserve requirements, set by the National Bank of Kazakhstan, - entails a fine on legal entities in the amount of three hundred monthly calculation indices.

      5. Implementation of banks, bank holding companies, organizations engaged in certains of banking operations and transactions that are prohibited in accordance with the banking laws of the Republic of Kazakhstan, or in violation of the banking laws of the Republic of Kazakhstan, as well as beyond their capacity, - entails a fine on officials in the amount of hundred monthly calculation indices, for legal entities - at the rate of one tenth of a percent of the transaction amount, but not less than two hundred and no more than one thousands monthly calculation indices.

      6. Action set forth in the fifth part of this Article, if repeated within a year after the imposition of an administrative penalty,- entails a fine on officials in the amount of two hundred monthly calculation indices, for legal entities - at the rate of one percent of the amount of the transaction, but not less than four and not more than two thousand monthly calculation indices.

      7. Compilation of banks and organizations engaged in certains of banking operations, reporting, resulting in distortion, contains information about the performance or compliance with prudential standards and (or) other mandatory standards and limits defined by the banking legislation of the Republic of Kazakhstan,- entails a fine on officials of one hundred, on legal entities - in the amount of two hundred monthly calculation indices.

      8. Action, set forth in the seventh part of this Article, if repeated within a year after the imposition of an administrative penalty,- entails a fine on officials in the amount of two hundred, on legal entities - in the amount of six hundred monthly calculation indices.

      9. Violation of banks and organizations, engaged in certains of banking operations, procedures for opening and closing bank accounts of customers - entails a fine on officials in the amount of thirty, for legal entities - of one hundred monthly calculation indices.

      10. Action (inaction), referred to in part nine of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on officials in the amount of sixty, for legal entities - in the amount of two hundred monthly calculation indices.

      11. Non-fulfillment by banks and organizations engaged in certains of banking operations, duties as directed by the interest rate in the reliable, annual, efficacy comparable terms in contracts concluded with customers, as well as the dissemination of information on the quantities of interest on financial services, including its publication, - entails a fine on officials in the amount of thirty, for legal entities - in the amount of fifty monthly calculation indices.

      12. Announcement or publication by the bank in mass media advertising, does not reflect a reality on the day of publication,- entails a fine of two hundred monthly calculation indices.

      Footnote. Chapter is supplemented by Article 168-2 by the Law of the Republic of Kazakhstan dated July 10, 2003 No. 483 (shall be enforced from January 1, 2004) as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-3. Violation of the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from illegal action and financing of terrorism

      1. Violation of the subjects of financial monitoring of legislation of the Republic of Kazakhstan concerning counteraction of legalization (laundering) of proceeds from illegal action and financing terrorism in terms of documentary recording and relation to the information of transactions, subjected to the financial monitoring, - entails a fine on individuals of a hundred, on officials, individual entrepreneurs, notaries and lawyers, legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred to two hundred and twenty, for legal entities of a large enterprise - in the amount of three hundred fifty to four hundred monthly calculation indices.

      2. Failure of parties to perform duties of financial monitoring for the development, adoption, and (or) execution of internal controls and programs to ensure, - entails a fine for individuals of one hundred, for officials, entrepreneurs, notaries and lawyers, legal entities of small or medium business or non-profit organizations - in the amount of two hundred and twenty to two hundred and fifty, and on legal entities of a large enterprise - in the amount of eight hundred to nine hundred monthly calculation indices.

      3. Notice by officials’ subjects of financial monitoring of its customers and others who provided for the authorized agency for financial monitoring information, - entails a fine of one hundred and forty to one hundred and fifty monthly calculation indices.

      4. Actions (inaction), stipulated in the first - three parts of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on individuals in the amount of one hundred to one hundred and fifty, for officials, entrepreneurs, lawyers and notaries, legal entities being a subject to a small or medium-sized business or non-profit organizations - in the amount of two hundred and fifty to three hundred, on legal entities of a large enterprise - in the amount of one thousand to one thousand two hundred monthly calculation indices.

      5. Actions (inaction), stipulated in the first - three of this article, committed three or more times within a year after the imposition of an administrative penalty, - entail a fine for individuals in the amount of one hundred and fifty to two hundred, on officials in the commodities markets, the organizers of gambling and lotteries, audit firms, notaries, lawyers, entrepreneurs - in the amount of three hundred to four hundred and eighty, the commodity exchanges, the organizers of gambling and lotteries, audit organizations - legal entities of medium-sized business or non-profit organizations - ranging from eight to thousands, the organizers of gambling and lotteries, audit organizations - legal entities of a large enterprise - in the amount of one thousand eight hundred to two thousand monthly calculation indices with the suspension of the license for a particular activity or suspension of qualification certificate (certificate) for a period of up to six months, or by deprivation or suspension of the legal entity for up to six months.

      Note. Notaries in this Article are the notaries, who carry out notarial work with money and (or) other property.

      Footnote. The Code is supplemented by Article 168-3 in accordance with the Law of the Republic of Kazakhstan dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010) as amended by the Law of the Republic of Kazakhstan dated 21.06.2012 No. 19-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-4. Violation of the order for formation of the system of risk management and internal control

      1. Violation of the order for formation of the system of risk management and internal controls, established by the normative legal acts of the National Bank of Kazakhstan by financial institutions, if the violations are not corrected by financial organization in the terms established by the authorized body for the control and supervision of financial market and financial organizations - entails a fine on officials in the amount of fifty, for legal entities in the amount of one hundred monthly calculation indices.

      2. Breach of banking conglomerate parent company or group insurance the requirements for risk management and internal control on a consolidated basis, established by the normative legal act of the National Bank of Kazakhstan, if the violations are not eliminated by the banking conglomerate parent company or insurance group in the terms established competent authority for the control and supervision of financial market and financial organizations - entails a fine on officials in the amount of fifty, for legal entities - in the amount of one hundred monthly calculation indices.

      Note.

      Under officials in this article should be understood the executives of financial institutions, bank and insurance holding companies.

      Footnote. The Code is supplemented by Article 168-4 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-5. Failure to achieve the results of budgetary investments by the subjects of quasi-public sector

      1. Failure to achieve the results of budgetary investments through the state participation in their share capital, provided in the financial and economic substantiation by subsidiaries, affiliates and other legal entities that are affiliated in accordance with the legislative of the Republic of Kazakhstan, -entails a fine for the first heads of two hundred monthly calculation indices.

      2. Nondisclosure by state enterprises, limited liability companies, joint stock companies, member or shareholder of which is the state budget results investment through state participation in their share capital, provided in the financial and economic feasibility - shall be punished by a fine in the first leaders in the amount of three hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 168-5 in accordance with the Law of the Republic of Kazakhstan dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-6. Violation of the order and timing of reporting by currency control agents

      1. Late submission of the reporting on customer transactions by currency control agents - entails a warning to legal entities.

      2. Action set forth in the first part if repeated within one year after the imposition of administrative penalties - entails a fine for legal entities of medium-sized enterprises, in the amount of fifteen, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      3. Presentation by currency control agents of misreporting on customer transactions -entails a warning to legal entities.

      4. Action, set forth in the third part of this article, if repeated within one year after the imposition of administrative penalties - entails a fine for legal entities of medium-sized enterprises, in the amount of fifteen, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      5. Failure to provide the reporting on customer transactions by currency control agents- entails a fine for legal entities of medium-sized enterprises in the amount of thirty, for legal entities of a large enterprise - in the amount of eighty monthly calculating indices.

      Footnote. Chapter 15 is supplemented by Article 168-6 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-7. Violation of the order and timing of providing the reporting by the authorized banks for the purposes of monitoring the sources of supply and demand, as well as use of foreign currency in the domestic exchange market

      1. Late submission of reports by the authorized banks for the purposes of monitoring sources of supply and demand, as well as the uses of foreign currency on the domestic market - entails a warning to legal entities.

      2. Action set forth in the first paragraph, if repeated within one year after the imposition of administrative penalties entails a fine on legal entities in the amount of forty monthly calculating indices.

      3. Submission of false reporting by authorized banks for the purposes of monitoring sources of supply and demand, as well as the use of foreign currency on the domestic market entails a warning to legal entities.

      4. Action set forth in the third part of this article, if repeated within one year after the imposition of administrative penalties entails a fine on legal entities in the amount of forty monthly calculation indices.

      5. Nondisclosure to authorized banks statements for the purposes of monitoring the sources of supply and demand, as well as use of foreign currency on the domestic market entails a fine on legal entities in the amount of eighty monthly calculation indices.

      Footnote. Chapter 15 is supplemented by Article 168-7 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 168-8. The excess of the natural standards for administrative costs

      Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Excess of the natural standards for administrative costs, established by the normative legal acts by the state-owned enterprises, joint stock companies and limited liability partnerships, state-controlled, - entails a fine for the chief executive officer in the amounts of fifty monthly calculation indices.

      Footnote. The Code is supplemented by Article 168-4 in accordance with the Law of the Republic of Kazakhstan dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 169. Violation of the requirements associated with the banking customer service

      1. Untimely acceptance or refusal in acceptance, untimely execution banks and organizations engaged in certains of banking operations and instructions for payment or transfer of money in violation of the terms established by the Law of the Republic of Kazakhstan "On payments and remittances," - entails a fine for legal entities in the amount of five percent of the instructions for payment or transfer of money, but not more than two hundred monthly calculation indices.

      2. For banks, institutions performing certains of banking operations, instructions for payment or transfer of money committed to a beneficiary other than the surrounding direction, or in an amount different from the surrounding indication - entails a fine on legal entities in the amount of five percent of the instructions for payment or transfer of money, but not more than two hundred monthly calculation indices.

      3. Loss of banks and organizations engaged in certains of banking operations, customer payment documents shall be punished by a fine on legal entities in the amount of one hundred monthly estimates for each payment document.

      4. Unjustified refusal by banks, institutions performing certains of banking operations in the acceptance instructions for payment or transfer of money:

      while ensuring the sender of money needed to make a transfer of money;

      if the voucher has no signs of forgery;

      if the sender met the requirements for the preparation and presentation of the order of instructions to transfer money and (or) other requirements established by the legislation of the Republic of Kazakhstan and (or) the terms of the contract;

      if refusal in acceptance does not apply to cases covered by the Law of the Republic of Kazakhstan "On counteraction to legalization (laundering) of proceeds from illegal action and financing of terrorism", - entails a fine on legal entities in the amount of five percent of the instructions for payment or transfer of money, but not more than two hundred monthly calculation indices.

      5. Violation of banks and organizations engaged in certains of banking operations, the order to withdraw money from the customer's bank account established by the Civil Code of the Republic of Kazakhstan -entails a fine on legal entities in the amount of one hundred monthly calculation indices.

      6. Failure to execute instructions for payment or transfer of money or requirements to cash in cash and unapplied money to the bank account of the owner in violation of the laws of the Republic of Kazakhstan - entails a fine for legal entities in the amount of five percent of the instructions for payment or transfer of money, but not more than two hundred monthly calculation indices.

      Note.

      The requirements of this section shall not apply to the actions (inaction), the responsibility for which is provided by part five of Article 88, the third part of Article 88-1, Articles 216 and 217 of this Code.

      Footnote. Article 169 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 169-1. Issue friendship, bronze and financial bills in the territory of the Republic of Kazakhstan

      Issue friendships, bronze and financial bills in the territory of the Republic of Kazakhstan -entails a fine for individuals of forty, and on legal entities and individual entrepreneurs - at the rate of sixty, for legal entities of small and medium enterprises - two hundred, on legal entities of a large enterprise - in the amount of four hundred monthly specified rates.

      Footnote. Supplemented by Article 169-1 by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; as amended - dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 169-2. Violation of the requirements of production, use and redemption of electronic money

      1. Issue electronic money by the issuer in an amount not corresponding to the amount of its obligations, -entails a fine in the amount of three hundred monthly calculation indices.

      2. The same actions, if repeated within a year after the imposition of an administrative penalty under the first part - entails a fine of six monthly calculation indices.

      3. Issue e-money issuers in excess of one hundred monthly calculating indices, without identification of the holder of electronic money, as well as the assumption of the issuer of electronic money in the electronic money in the transactions on the amount that exceeds the established limits on the maximum amount of a single operation - entails a fine of two hundred monthly calculation indices.

      4. The same actions, if repeated within a year after the imposition of an administrative penalty under part three of this article - entails a fine of five hundred monthly calculation indices.

      5. Non-payment, late or incomplete redemption by the issuer of electronic money, received by an individual entrepreneur or legal entity from individuals paying in civil transactions, -entails a fine of one hundred monthly calculation indices.

      6. The same actions, if repeated within a year after the imposition of an administrative penalty under part five of this Article - entails a fine of two hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 169-2 in accordance with the Law of the Republic of Kazakhstan dated 21.07.2011 No. 466-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 170. Disorders associated with the unauthorized acquisition directly or indirectly, of ten percent or more of shares in a financial institution without the written consent of the National Bank of the Republic of Kazakhstan

      Acquisition by a person, directly or indirectly, shares in a financial institution in the amount of ten percent or more of the outstanding (net of preferred shares and treasury) shares of a financial institution, as well as ability to control or influence the decisions of financial solutions organization in the amount of ten percent or more of the outstanding (net of preferred and treasury) shares of a financial institution without the written consent of the National Bank of Kazakhstan - entails a fine on individuals in the amount of two hundred, on officials - in the amount of four hundred, on legal entities of medium-sized businesses - at a rate thousands on legal entities being subject to large-scale enterprises - in the amount of two thousand monthly calculation indices.

      Note.

      Under the financial institutions in this Article should be understood the bank insurance (reinsurance) and accumulative pension fund organization engaged in investment management of pension assets.

      Footnote. Article 170 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 170-1. Disorders associated with the unauthorized acquisition of interests in corporate equities or shares in banks, insurance (reinsurance) companies, bank holding companies, insurance holding companies

      1. Acquisition of interests in corporate equities or shares in banks, insurance (reinsurance) companies in violation of the laws of the Republic of Kazakhstan, except in cases specified in the third paragraph of this article -entails a fine on officials in the amount of two hundred, on legal entities - in the amount of two thousand monthly calculation indices.

      2. Acquisition of interests in corporate equities or shares of bank holding companies, insurance holding companies in violation of the laws of the Republic of Kazakhstan, except in cases specified in the third paragraph of this Article -entails a fine on officials in the amount of four hundred, on legal entities - in the amount of two thousand monthly calculation indices.

      3. Creation or acquisition of the bank, the insurance (reinsurance) organization, bank holding company, insurance holding company subsidiary without the prior authorization of the National Bank of Kazakhstan -entails a fine on officials in the amount of four hundred, on legal entities - in the amount of two thousand monthly calculation indices.

      Footnote. The Code is supplemented by Article 170-1 in accordance with the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506 as amended by the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 171. Violation of the requirements to provide the information (data) to the authority control and supervision for financial market and financial institutions

      Failure, as well as delay in reporting, data or other information requested by the founders (shareholders) of the bank, pension fund and its affiliates, pension savings fund, organization, investment management of pension assets, a major participant’s pension fund, organization, investment management pension funds, individuals or legal entities, the relevant characteristics of large participant pension fund, organization, investment management of pension assets, or giving them to the authority for the control and supervision of financial market and financial organizations, reporting, information that does not contain the information as required in accordance with the banking laws of the Republic of Kazakhstan or legislation of the Republic of Kazakhstan on pensions, or the provision of false information or statements or other information requested - entails a fine for individuals of a hundred, on legal entities - in the amount of two hundred and monthly calculation indices.

      Footnote. Article 171 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 172. Improper use of pension assets of pension fund

      1. Violation of organizations engaged in investment management of pension assets or pension savings fund, has a license to operate in the investment management of pension assets, conditions and procedures for investment, the legislation of the Republic of Kazakhstan, - entails a fine for an individual in the amount of four hundred, a legal entity - in the amount of eight hundred monthly calculation indices.

      2. Failure to monitor the custodian target placement of pension assets pension fund - entails a fine in the official custodian of two hundred and monthly calculation indices.

      Footnote. Article 172 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 172-1. Violation of requirements related to the liquidation of banks, insurance (reinsurance) companies and pension funds

      1. Nondisclosure by the chairman of the liquidation commission of the bank, the insurance (reinsurance) company pension fund within the period established by the authorized body for the control and supervision of financial market and financial organizations, the written orders to eliminate violations of the law of the Republic of Kazakhstan, - entails a fine of forty monthly calculation indices.

      2. Avoidance of a chairman or head of the unit of the liquidation commission of the inspection by the authorized body for the control and supervision of financial market and financial organizations of the liquidation commission or impeding its implementation, subject to a fine of twenty five monthly calculation indices.

      3. Repeated (two or more times during the six calendar months), providing of false reports and information, established by the banking legislation of the Republic of Kazakhstan, by the legislation of the Republic of Kazakhstan on insurance and insurance activity, pensions, untimely providing, failure to report and provide the additional information set by the banking legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on insurance and insurance activity, pensions, by the chairman, head of the liquidation committee authorized body to control and supervision of financial market and financial organizations - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Article 172-1 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 172-2. Failure of the subjects of the financial market to comply with the obligations, undertaken by them and (or) assigned to them by the use of limited interventions

      1. Failure of the banks, the Development Bank of Kazakhstan, organizations engaged in certains of banking operations, to comply with the obligations undertaken by them and (or) assigned to them by the National Bank of Kazakhstan through the use of limited interventions, - entails a fine for legal entities of medium-sized businesses, in the amount of hundred, on legal entities of large enterprises - of two hundred monthly calculation indices.

      2. Failure to comply with the insurance (reinsurance) organizations, insurance brokers, pension savings fund, subject to the securities market, a special purpose company, Islamic special finance company, investment fund obligations undertaken by them and (or) assigned to them by the National Bank of Kazakhstan through the use of limited interventions,- entails a fine for legal entities of medium-sized businesses, in the amount of one hundred, on legal entities of large enterprises - two hundred monthly calculation indices.

      3. Failure to comply with the banks, by the major participants of banks, bank holding companies, organizations, entering as members to the banking conglomerate institutions, performing certains of banking operations, responsibilities that they have taken, and (or) assigned to them by the authorized body for the control and supervision of financial market and financial organizations through the application of limited interventions, - entails a fine on individuals of fifty, on officials - at the rate of seventy, for legal entities - in the amount of four hundred and fifty monthly calculation indices.

      4. Action (inaction), referred to in part three of this Article committed repeatedly within a year after the imposition of an administrative penalty, - entails a fine on individuals of one hundred, on officials - in the amount of one hundred and forty, for legal entities - in the amount of nine hundred monthly calculation indices .

      5. Non-fulfillment to comply with the insurance (reinsurance) organizations, insurance brokers, insurance holding company, the major participants of the insurance (reinsurance), legal entities that are part of an insurance group, the actuary obligations undertaken by them and (or) assigned to them by the authorized body for the control and supervision of the financial market and financial institutions through the use of limited interventions - entails a fine on individuals in the amount of fifty, on officials - at the rate of one hundred, on legal entities - in the amount of two hundred and fifty monthly calculation indices.

      6. Nondisclosure by pension funds, organization, investment management of pension assets, major participants from pension funds, organization, investment management of pension assets of the securities market obligations undertaken by them and (or) assigned to them by the authorized body for the control and supervision of the financial market and financial institutions through the use of limited interventions, - entails a fine on individuals in the amount of fifty, on officials - at the rate of one hundred, on legal entities - in the amount of two hundred and fifty monthly calculation indices.

      Footnote. The Code is supplemented by Article 172-2 in accordance with the Law of the Republic of Kazakhstan dated February 19, 2007 No. 230 (the order of enforcement see Art. 2); is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 173. Violation of the requirements established by the legislation of the Republic of Kazakhstan on insurance and insurance activities

      1. A timeless accordance, a failure reporting, data or other requested information, or the provision of insurance (reinsurance) organizations, insurance brokers, shareholders (founders) and affiliates of insurance (reinsurance), a major party (insurance holding company) insurance (reinsurance), individual and legal entities, relevant signs of the major party (insurance holding company) insurance (reinsurance) organization authorized body to control and supervision of financial market and financial organizations, reporting, information that does not contain the information as required under the laws of the Republic of Kazakhstan on insurance and insurance activities, or providing false statements or information, or other requested information, - entails a fine of fifty monthly calculation indices.

      2. A timeless accordance, not giving or providing mutual insurance company authorized state body in plant false statements or other information requested by the authorized body in accordance with the Republic of Kazakhstan "On compulsory insurance in plant cultivation"- entails a fine of fifty monthly calculation indices.

      3. Failure to submit or late submission to the authority for the control and supervision of financial market and financial organizations, insurance (reinsurance) organization of joint activity agreement to be registered, - entails a fine of four hundred monthly calculation indices.

      4. Repeated (two or more times within twelve calendar months) violation of the insurance (reinsurance) organization, parent organization of the insurance group established by the National Bank of Kazakhstan, prudential standards and (or) other mandatory standards and limits - entails a fine of five hundred monthly calculation indices.

      5. Effectuation of insurance (reinsurance) organizations, the insurance holding company, insurance broker, insurance agent transactions and operations in violation of the laws of the Republic of Kazakhstan, on insurance and insurance operations, - entails a fine of one tenth of a percent of the transaction amount, or one hundred percent of the amount of income received from transactions, but not less than fifty not more than two thousand monthly calculation indices.

      6. Implementation of the mutual insurance company transactions and operations in violation of the laws of the Republic of Kazakhstan on mutual insurance - entails a fine of two hundred monthly calculation indices.

      7. Implementation of the actuary of its activities in violation of the laws of the Republic of Kazakhstan on insurance and insurance operations - entails a fine of fifty monthly calculation indices.

      8. Fail to inform by an insurance company in the order determined in the legislation of the Republic of Kazakhstan the insurers to change the location of a permanent body, a separate division or a change of name, - entails a fine of fifty monthly calculation indices.

      9. Violation of insurance (reinsurance) organization established by the legislation of the Republic of Kazakhstan on insurance and insurance activities for the proper documentation of conditions, storing documents, placing copies of licenses to carry on insurance business, as well as breach of an insurance company, insurance broker and insurance agent by the legislation of the Republic of Kazakhstan and the accounting rules storage forms of insurance documentation, work with cash - entails a fine of fifty monthly calculation indices.

      10. Announcement or publication of the insurance (reinsurance) companies and insurance brokers in the media advertising, does not reflect a reality on the day of publication, - entails a fine of two hundred monthly calculation indices.

      11. Compilation by insurance (reinsurance) organization of the reporting that set to the distortion of contained information about the performance or observance of prudential standards and (or) other mandatory standards and limits, - entails a fine on officials in the amount of fifty, for legal entities - in the amount of four hundred monthly calculation indices.

      12. Nondisclosure of an insurance broker to the authority for the control and supervision of financial market and financial organizations for which it has learned the facts of the insolvency of the insurance (reinsurance) - entails a fine of one hundred monthly calculation indices.

      13. Non-information of the authority for the control and supervision of financial market and financial organizations on the findings of non-compliance of insurance (reinsurance) organization requirements of the legislation of the Republic of Kazakhstan on insurance reserves by the actuary, - entails a fine of fifty monthly calculation indices.

      14. Non-payment, late payment or payment of the mandatory or emergency contributions to not full amount in the Guarantee Fund insurance payments, - entails a fine on officials in the amount of fifty, for legal entities - in the amount of two hundred and fifty monthly calculation indices.

      15. Breach of insurance (reinsurance) organization requirements on the mandatory publication of financial statements and other information in the media in accordance with the laws of the Republic of Kazakhstan, - entails a fine of one hundred monthly indices.

      Footnote. Article 173 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 174. Violation of the requirements relating to the negotiation and execution of contracts of insurance by an insurance company

      1. Implementation of the illegal implementation of insurance policies and other documents, relating to insurance or unrecorded forms of these documents - entails a fine for officials in the amount of fifty, for legal entities - in the amount of four hundred monthly calculating indices.

      2. Non-fulfillment, as well as failure to pay for insurance or improper fulfillment of other conditions of the contract of insurance - entails a fine for legal entities in the amount of one hundred monthly calculating indices.

      3. The loss of the documents submitted by the client to perform the contract of insurance - shall be punished a fine on legal entities in the amount of fifty monthly calculating indices for each lost document.

      Footnote. Article 174 as amended by the Law of the Republic of Kazakhstan dated 08.07.2005 No. 72 (the order of enforcement see Art. 2), dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 175. Violations of the legislation of the Republic of Kazakhstan on compulsory insurance

      1. Dodging of the insurance company to sign a contract of compulsory insurance, provided by the Laws of the Republic of Kazakhstan, - shall be punished a fine on officials in the amount of fifty, a legal entity - in the amount of five hundred monthly calculating indices.

      2. Avoidance of the contract of compulsory insurance person liable in accordance with the legislation of the Republic of Kazakhstan on the compulsory insurance contract of compulsory insurance -entails a fine for individuals in the amount of twenty, for officials, entrepreneurs, private lawyers, private bailiffs - of one hundred, on legal entities of small and medium-sized businesses - in the amount of four hundred, on legal entities of a large businesses - in the amount of one thousand monthly calculating indices

      3. Violation of insurance (reinsurance) organization requirements of legislation of the Republic of Kazakhstan, expressed in non-fulfillment or improper fulfillment of the requirements for the presence of branches and (or) insurance agents in the capital cities of national, regional and district level, treaty participation in the database of insurance, the provision of information, the database on insurance - entails a fine for an official in the amount of fifty, a legal entity - in the amount of five hundred monthly calculating indices.

      4. The conclusion of the insurance (reinsurance) organization compulsory insurance contract on terms that do not comply with the legislation of the Republic of Kazakhstan, set it:

      - in determining the amount of insurance premiums other than those defined by the Laws of the Republic of Kazakhstan on compulsorys of insurance;

      - in determining the amount of insurance premiums other than those defined by the Laws of the Republic of Kazakhstan on compulsory insurance, as well as incorrect (unjustified) use ratios to calculate the insurance premium;

      - in insurance facilities for compulsory insurance, uninsurable, entails a fine for officials in the amount of one hundred monthly calculating indices, for legal entities - at the rate of one tenth of a percent of the transaction amount, or one hundred percent of the amount of income derived from operations, or one hundred percent of the amount of premiums received for transactions, but not less than two hundred nor more than two thousands of monthly calculating indices.

      Footnote. Article 175 is in the wording of the Law of the Republic of Kazakhstan dated 03.06.2003 No. 428; as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 30.12.2009 No. 234-IV; dated 02.04.2010 No. 262 -IV (shall be enforced from 21.10.2010), dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 175-1. Violation of the terms of coordination, established by the legislation of the Republic of Kazakhstan for the executives of financial institutions, banks and insurance holding, the fund guarantee for insurance payments

      1. Violation of financial organization, bank and insurance holding company, Insurance Payment Guarantee Fund agreement governing on terms of financial organization, banking and insurance holding company, Guarantee Fund for insurance payments, entails a fine for legal entities in the amount of ninety of monthly calculation indices.

      2. Action, set forth in the first paragraph, if repeated within a year after the imposition of an administrative penalty, entails a fine for legal entities in the amount of two hundred of monthly calculation indices.

      Footnote. Chapter is supplemented by Article 175-1 in accordance with the Law of the Republic of Kazakhstan dated 23.12.2005 No. 107 (the order of enforcement see Art. 2 of the Law No. 107), is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 175-2. Untimely information of the authorized body for the control and supervision of financial market and financial organizations on the opening and closing of branches and representative offices of financial organizations, and non-observance with the legislation of the Republic of Kazakhstan on the opening of branches, representative offices of financial organizations

      Untimely information of the authorized body for the control and supervision of financial market and financial organizations on the opening and closing of branches and representative offices of financial institutions, and non-observance of banking legislation of the Republic of Kazakhstan, the legislation of Republic of Kazakhstan on insurance and insurance activities, pensions for the opening of branches, representative offices of financial organizations - shall be punished by a fine on officials in the amount of fifty, for legal entities - in the amount of one hundred of monthly calculation indices.

      Footnote. Chapter is supplemented by Article 175-2 in accordance of the Law of the Republic of Kazakhstan dated December 23, 2005 No. 107 (the order of enforcement see Art. 2 of the Law No. 107), is in the wording of the Law dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 176. Drawing or using the credit, loan in violation of the legislation of the Republic of Kazakhstan

      Footnote. Title of Article 176 is in the wording of the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Drawing a loan by an individual entrepreneur or officer of the organization or concessional terms of credit by providing a bank or organization engaged in separates of banking operations, of knowingly false information about the economic situation, financial condition or collateral property of an individual entrepreneur or organization, or of any other circumstances, which are essential for credit, promotional credit conditions, as well as a nondisclosure of the information to a bank or other creditor on the occurrence of circumstances that are capable to lead to termination of credit, cancellation of benefits or limit the size of the allocation of credits, if such acts did not cause a major damage, shall be punished by a fine of fifty monthly calculation indices.

      2. The use of budget credit, based on not limited purpose, if this act did not cause a major damage to an individual, organization, or state, shall be punished by a in the amount of one hundred of monthly calculation indices.

      3. The use of state-guaranteed loans and the loan, engaged by the terms of loan and not provided with warranties and also for the for the contract a guarantor of the state for purposes not covered by the terms of the loan and a credit for guarantee of state bodies, entails a fine for the first leaders of the legal entity - the borrower of the loan, which has a state guarantee alternate or surrogate, on which the discharge of duties is assigned one hundred of monthly calculation indices.

      Footnote. Article 176 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2), dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 177. Untimely, incomplete enrollment of revenues to the national and local budgets

      Footnote. Title of Article 177 is in the wording of the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

      1. Untimely, incomplete credit of funds received by the central and local budgets, entails a fine for officials in the amount of one hundred of monthly calculation indices.

      2. Untimely, incomplete enrollment of funds transferred to the accounts of the recipients of budget funds to the banks or organizations engaged in certains of banking operations - entails a fine for officials in the amount of seventy monthly calculation indices.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

      Footnote. Article 177 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2006 No. 165 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 177-1. Unfounded (improper) use of facilities of state and local budgets, including objective transfers and loans, and also related grants, guaranteed by state loans and state assets

      Footnote. Article 177-1 is excluded by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 177-2. Inefficient use of objectives of the republican and local budgets, related grants, guaranteed loans and state assets

      Footnote. Article 177-2 is excluded by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 177-3. Violation of the rules of keeping the budget accounting, compilation and reporting

      Violation of the rules of keeping the budget accounting, preparation and presentation - entails a fine for officials in the amount of two hundred of monthly calculation indices.

      Footnote. Chapter is supplemented by Article 177-3 in accordance with the Law of the Republic of Kazakhstan dated July 5, 2006 No. 165 (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 177-4. Violation of the terms and procedures for budget loans, state guarantees and state warranties

      Violation of the terms and procedures for the extension of budget loans, state guarantees and state warranties - entails a fine for officials in the amount of four hundred of monthly calculation indices.

      Footnote. Chapter is supplemented by Article 177-4 in accordance with the Law of the Republic of Kazakhstan dated July 5, 2006 No. 165 (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 177-5. Violation of the rules of reimbursement

      1. Violation of the rules of budget programs by administrators of reimbursement for the provision of guaranteed free medical care - entails a fine for officials in the amount of twenty-five of monthly calculation indices.

      2. The same act committed repeatedly within one year after the imposition of an administrative penalty - entails a fine for officials in the amount of fifty of monthly calculation indices.

      Footnote. Chapter is supplemented by Article 177-5 in accordance of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2) as amended by the Laws of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 178. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting of individual and public individuals

      1. Non-fulfillment, and (or) improper performance by individuals and officials of duties under the legislation of the Republic of Kazakhstan on accounting and financial reporting, committed as follows: avoidance of accounting will not cause major damage, making a distorted financial statements, data hiding, to be reflected in accounting, as well as the destruction of accounting documents, without causing a major damage, the appointment of the chief accountant of the public organization person that is not a Certified Public Accountant, - entails a fine of one hundred of monthly calculation indices.

      2. Actions provided in part one of these articles, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine of two hundred of monthly calculation indices.

      Footnote. Article 178 is in the wording of the Law of the Republic of Kazakhstan dated February 28, 2007 No. 235 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 179. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting by a legal entity

      1. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting by a legal entity , committed in the form of evasion from accounting, if the act does not contain elements of a criminal offence, of deliberately misleading financial statements, non-financial reporting, reporting out of time or its failure without good cause to the founders (participants) of the organizations in accordance with the constitutive documents, the authorized body in the field of statistics at the place of registration of state control and supervision, in accordance with their competence to the depository financial statements and the depository financial reporting preparation, distorted financial reporting, data hiding, to be reflected in the accounting records, as well as the destruction of accounting documents, the appointment of person as chief accountant of the public organization who did not have a certification of public accountant, - entails a fine for a legal entity who is the subject of small business or non-profit organization in the amount of hundreds of monthly calculation indices, the legal entity that is subjected to medium-sized businesses, in the amount of two hundred of monthly calculation indices, the legal entity that is subjected to large-scale enterprises in the amount of five hundred of monthly calculation indices.

      2. Actions, provided in part one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for a legal entity who is the subject of small business or nonprofit organization, in the amount of two hundred of monthly calculation indices, the legal entity that is subjected to medium-sized businesses in the amount of four of monthly calculation indices, the legal entity that is subjected to large-scale enterprises in the amount of one thousands of monthly calculation indices.

      3. Conducting operations without a proper reflection of their results in the accounting financial organizations, special purpose companies, Islamic special finance companies, investment funds and the Development Bank of Kazakhstan entails a fine for legal entities in the amount of twenty percent of total amount, which was not taken into account, but not less than one hundred and no more than four thousands of monthly calculation indices.

      4. Administration of accounting in violation of the requirements established by the legislation of the Republic of Kazakhstan on accounting and financial reporting, and methods (principles) accounting, which led to a distortion of financial statements, financial organizations, specialized finance companies, Islamic special finance companies, investment funds and the Development Bank of Kazakhstan - entails a fine for legal entities in the amount of five percent of the amount that was taken into account properly, but not less than one hundred nor more than four thousands of monthly calculation indices.

      Footnote. Article 179 is in the wording of the Law of the Republic of Kazakhstan dated 28.02.2007 No. 235 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2), dated 19.03.2010 No. 258-IV; dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 179-1. Violation of privacy of the accounting information

      Dissemination of accounting information, consisting of trade secret by people, who has the access to it, not caused a major damage - entails a fine in the amount from one hundred to one hundred and fifty of monthly calculation indices.

      Footnote. The Code is supplemented by Article 179-1 in accordance with the Law of the Republic of Kazakhstan dated February 28, 2007 No. 235 (the order of enforcement see Art. 2).

Article 179-2. Violation of rules of accreditation, established by the legislation of the Republic of Kazakhstan on accounting and financial reporting

      1. Violation of rules of accreditation, established by the legislation of the Republic of Kazakhstan on accounting and financial reporting - shall entails a warning or a entails a fine to the legal entity in the amount of two hundred of monthly calculation indices.

      2. Action, specified by this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine for a legal entity in the amount of three hundred of monthly calculation indices.

      Footnote. The Code is supplemented by Article 179-2 in accordance with the Law of the Republic of Kazakhstan dated February 28, 2007 No. 235 (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 179-3. Non-fulfillment by pension funds and (or) organizations engaged in investment management of pension assets, prudential standards and (or) other mandatory standards and limits

      1. Making by pension funds and (or) organizations engaged in investment management of pension assets, reporting that set to the distortion of contained information about the performance or compliance with prudential standards and (or) other mandatory standards and limits specified by the legislation of the Republic of Kazakhstan on pensions, entails a fine for officials in the amount of one hundred, on legal entities - in the amount of three hundred of monthly calculation indices.

      2. Repeated (two or more times within twelve calendar months) non-fulfillment by funds and (or) organizations engaged in investment management of pension funds established by the National Bank of Kazakhstan, prudential standards and (or) other mandatory standards and limits - entails a fine for legal entities in the amount of four hundred of monthly calculation indices.

      Footnote. Chapter 15 is supplemented by Article 179-3 in accordance with the Law of the Republic of Kazakhstan dated 20.11.2008 No. 88-IV (the order of enforcement see Art. 2), is in the wording of the Law of the Republic of Kazakhstan, dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 180. Violation of the order of reporting, information and documents on currency transactions required by the currency legislation of the Republic of Kazakhstan

      1. Providing of uncertain accounting on registration the registration certificate or certificate of notification or on foreign exchange monitoring - shall entail a warning to individuals, legal entities and branches and representative offices of non-resident legal entities operating in the territory of the Republic of Kazakhstan for more than one year.

      2. Action, set forth in the first paragraph, if repeated within a year after the imposition of an administrative penalty, entails a fine for individuals of five, to entrepreneurs, legal entities of small business - at the rate of ten to entrepreneurs, legal entity s being entails medium-sized businesses - in the amount of twenty, for legal entities of large-scale enterprises, branches and representative offices of non-resident legal entities operating in the territory of the Republic of Kazakhstan for more than one year - in the amount of forty of monthly calculation indices.

      3. Untimely representation of reporting on registered registration certificates or certificate of notification or monitoring the currency - shall entail a warning to individuals and legal entities, branches and representative offices of non-resident legal entities operating in the territory of the Republic of Kazakhstan for more than one year.

      4. Action, set forth in the third part of this article, if repeated within a year after the imposition of an administrative penalty - entails a fine for individuals of five, to entrepreneurs, legal entities of small business - at the rate of ten, to entrepreneurs, legal entities of medium-sized businesses - in the amount of twenty, for legal entities of large-scale enterprises, branches and representative offices of non-resident legal entities, operating in the territory of the Republic of Kazakhstan for more than one year - in the amount of forty of monthly calculation indices.

      5. Non-presentation on registered registration certificates, certificates of notification or the foreign-monitoring entails a fine for individuals of forty, to individual entrepreneurs, legal entities small businesses - in the amount of seventy, on individual entrepreneurs, legal entities medium business entities - in the amount of one hundred, the legal entities of large businesses, branch offices and representative offices of non-resident legal entities operating in the territory of the Republic of Kazakhstan for more than one year - one hundred and fifty of monthly calculation indices.

      6. Untimely representation of information and documents, proving the occurrence of circumstances that affect the terms and conditions for the repatriation of the national and foreign currency - entails a fine for the individual entrepreneurs and legal entities.

      7. Action, set forth in the sixth part of this Article, if repeated within a year after the imposition of an administrative penalty, entails a fine for entrepreneurs, legal entities of small business in the amount of thirty, to entrepreneurs, legal entities of medium-sized businesses - of fifty, for legal entities of large enterprises - one hundred of monthly calculation indices.

      8. Non-presentation of information and documents proving the occurrence of circumstances that affect the terms and conditions for the repatriation of the national and foreign currencies - entails a fine for entrepreneurs, legal entities of small business - in the amount of fifty, individual entrepreneurs, legal entities medium business entities - in the amount of seventy, for legal entities of large enterprises - one hundred twenty of monthly calculation indices.

      Footnote. Article 180 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 181. Incorrect copying of information certificate

      Footnote. Article is excluded by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 182. Violation of the deadline for the submission of the certificate of notification, the exchange operations or a registration certificate for the foreign exchange transactions

      1. Violation of individual and legal entity s of the deadline for the submission of the certificate of notification, the exchange operations or a registration certificate for the foreign exchange transactions - shall entail a warning to individuals and businesses.

      2. Action (inaction), referred to in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals up to fifty, individual entrepreneurs - up to eighty, and on legal entities of small or medium business or non-profit organizations - up to a hundred and twenty, for legal entities of large enterprises - up to two hundred of monthly calculation indices.

      Footnote. Article 182 is in the wording of the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 183. Non-disclosure by the auditor of the violation of legislation of the Republic of Kazakhstan on accounting and financial reporting from the clients of performance of the audit

      Footnote. Title of Article 183 as amended by the Law of the Republic of Kazakhstan , dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2).

      Non-disclosure by the auditor from customers on performance of the audit of violation of legislation of the Republic of Kazakhstan on accounting and financial reporting identified in the audit, - entails a fine of seventy-five of monthly calculation indices with a deprivation of qualification certificate, "auditor".

      Footnote. Article 183 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated May 5, 2006 No. 139 (the order of enforcement see Art. 2 of the Law No. 139), dated February 28, 2007 No. 235 (the order of enforcement see Art. 2), dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2).

Article 184. Drafting by the auditor and the audit organization of uncertain audit report

      1. Drafting by the auditor and audit organization of unreliable audit report, except as provided in Article 185 of this Code, - entails a fine for auditors in the amount of eighty of monthly calculation indices, the auditing organization - in the amount of one hundred and eighty of monthly calculation indices with the suspension of the license for auditing or without it.

      2. Drafting by the auditor and audit organization knowingly false audit report - entails a fine for auditors of one hundred ten of monthly calculation indices with deprivation of qualification certificate, for auditing organizations - in the amount of two hundred twenty of monthly calculation indices with the suspension of the license for auditing.

      3. Action, set forth in the first paragraph, if repeated by the auditor during the year after the imposition of an administrative penalty - entails a fine for auditors in the amount of one hundred fifty of monthly calculation indices with the deprivation of the qualification.

      4. Actions, set forth in paragraphs one and two of this Article, if repeated by audit organization within a year after the imposition of an administrative penalty - entails a fine for the audit firms of two hundred and fifty of monthly calculation indices with deprivation of licenses for auditing.

      Footnote. Article is in the wording of the Law of the Republic of Kazakhstan dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2).

Article 184-1. Violation of the legislation of the Republic of Kazakhstan on auditing

      1. Enforcement by auditing organization of activities, not provided by the legislation of the Republic of Kazakhstan on auditing, - entails a fine for audit firms of one hundred of monthly calculation indices.

      2. Performance of an audit in prohibited by the Law of the Republic of Kazakhstan "On Auditing cases" - entails a fine for audit firms in the amount of one hundred and fifty of monthly calculation indices with the suspension of the license.

      3. Non-disclosure to the authorized agency on control and supervision of financial market and financial organizations, and not notified of the audited financial organizations for which an audit is necessary, on violations of laws of the Republic of Kazakhstan, regulating financial markets and financial organizations identified in the audit of these organizations - entails a fine for auditing companies in the amount of one hundred and fifty of monthly calculation indices.

      4. Untimely provision or non-provision, as well as submission of false information by accredited professional auditing organization of the appropriate bodies information that may be required in accordance with the laws of the Republic of Kazakhstan on Auditing - entails a fine of accredited professional auditing organizations in the amount of one hundred and fifty of monthly calculation indices.

      5. Non - disclosure by the audited entity on behalf of state agencies and state-owned enterprises, as well as legal bodies with state bodies of state financial control of violations of laws of the Republic of Kazakhstan for the use of budget funds, loans and related grants, state assets, state-guaranteed loans identified in the audit of these organizations - entails a fine for legal entities in the amount of one hundred and fifty of monthly calculation indices.

      6. Untimely provision or non-provision of information by the audit organizations on insurance in the form approved by the authorized body -entails a fine for audit firms in the amount of one hundred and fifty of monthly calculation indices.

      7. Non-fulfillment by the audit organizations of written order of the authorized body for the control and supervision of financial market and financial organizations on the representation of the audit report by the set date or the failure of the audit report, audit organizations to the authority for the control and supervision of financial market and financial organizations - entails a fine for auditing organization in the amount of two hundred of monthly calculation indices with the suspension of the license to perform audits or without it.

      Footnote. Article is in the wording of the Law of the Republic of Kazakhstan dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after the first official publication).

Article 184-2. Violations, associated with the use and storage of auditor’s personal seal

      Violation by the auditor requirements for proper storage and use of personal seal, established by the legislation of the Republic of Kazakhstan on auditing, - entails a fine for an auditor in the amount from fifty to one hundred of monthly calculation indices.

      Footnote. Chapter is supplemented by Article 184-2 in accordance with the Law of the Republic of Kazakhstan dated May 5, 2006 No. 139 (the order of enforcement see Art. 2 of the Law No. 139).

Article 185. Provision of untimely, inaccurate or incomplete information by the audit organization

      Assignation by audited entity of auditor organization during the audit prosecution of untimely, false or incomplete information, which led to the drafting of the incomplete audit report - entails a fine for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations, in the amount of twenty-five, for legal entities of large enterprises - one hundred of monthly calculation indices.

      Footnote. Article is in the wording of the Law of the Republic of Kazakhstan dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2).

Article 186. Circumvention of the prosecution of audit

      Evasion of the statutory audit or preventing its prosecution - heads of the organization, legal entities of small or medium-sized business or non-profit organizations entails a fine, in the amount of twenty, for legal entities of large enterprises - two hundred of monthly calculation indices.

      Footnote. Article 186 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2).

Article 187. Non-fulfillment of claims of repatriation of domestic and foreign currency

      Non-fulfillment of the claim of repatriation of domestic and foreign currency, committed as unapplied national and foreign currency on bank accounts in authorized banks:

      revenues in public and foreign currency from the export of goods (works, services); public and foreign currency transferred by a resident to the advantage of non-residents for the import of goods (works, services), due to non-acceptance in connection with the non-fulfillment or partial performance of obligations by the non-resident supplier of goods (implementation works, services), - entails a fine for entrepreneurs, legal entities in the amount of twenty percent of the amount of unapplied national and foreign currency, but not more than two thousands of monthly calculation indices.

      Note. Responsibility for the commitment of offences under the present article set in, when, after the expiration of the repatriation, the amount, not carried in national and foreign currency exceed the equivalent of fifty thousand dollars, if the actions (inaction) do not contain elements of a criminal offence.

      Footnote. Article 187 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 188. Currency transactions in violation of the currency legislation

      1. Conducting of exchange transactions in foreign currency, not through the authorized banks and their bureau of exchange, and also exchange offices of authorized organizations, conducting illegal currency operations between residents, making payments and transfers of money not through accounts in authorized banks, where such a requirement is set by the currency legislation - entails a warning to individuals and legal entities.

      2. The actions, specified in paragraph one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals and legal entities of small or medium-sized business or non-profit organizations up to seventy, for legal entities of a large enterprises - up to one hundred percent of the operation carried out in violation of the order.

      3. Non-observance by the authorized banks and authorized organizations established by the National Bank of Kazakhstan, the limits of deviation rate of purchase from the selling rate of foreign currency, for tenge transactions conducted through the exchange offices - entails a fine for officials in the amount of one hundred, on legal entities of medium-sized businesses - in the amount of two hundred, on legal entities of large enterprises - of five hundred monthly calculation indices.

      Footnote. Article 188 is in the wording of the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008) as amended by the Law of the Republic of Kazakhstan dated 04.07.2009 No. 167-IV (the order of enforcement see Art. 2).

Article 188-1. Violation of the special currency regime

      Violations of the special currency regime in part:

      failure to obtain a special permit requirements of the National Bank of Kazakhstan on foreign exchange transactions;

      non-requirement of compulsory sale of foreign currency received by residents, the use of foreign bank accounts,

      non-compliance to the order of currency transactions, meet other temporary exchange restrictions imposed by the President of the Republic of Kazakhstan - entail a fine for individuals and legal entities in the amount of one hundred percent of the operation carried out in violation of the special currency regime.

      Footnote. Code is supplemented by Article 188-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2009 No. 167-IV (the order of enforcement see Art. 2).

Article 189. Opening of accounts in foreign banks and other financial institutions without a license of National bank of Kazakhstan

      Footnote. Article 189 is excluded by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2007).

Article 190. Illegal use of insider information

      1. Actions of insiders on the use of insider information in transactions with securities and (or) financial derivatives, the illegal transfer of inside information to third parties for third parties recommendations or suggestions on transactions with securities and (or) financial derivatives based on insider information, and failure to comply with the legislation of the Republic of Kazakhstan on presentation of information issuers, legal entities recognized by insiders, in respect of the issuer, if such actions did not cause a major damage, entails a fine for an individual in the amount of two hundred, an official - in the amount of four hundred, a legal entity - in the amount of six hundred monthly calculation indices.

      2. Violation by the issuers of the requirements established by the legislation of the Republic of Kazakhstan, in order of the control for the instruction and the use of insider information about the issuer and issued (provided) securities (derivatives) by them - entails a fine by the official in the amount of four hundred, a legal entity - in the amount of six monthly calculation indices.

      Footnote. Article 190 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 191. Violation of the deadline for submission of documents for registration of amendments and supplements to the prospectus of the issue of securities

      Repeated (two or more times within twelve calendar months) violation by the issuer under the legislation of the Republic of Kazakhstan for the submission of documents for registration of amendments and supplements to the prospectus of the issue of securities - entails a fine by the issuer in the amount of fifty monthly calculation indices.

      Footnote. Article 191 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 192. Unfair advertising activities in the market of capital issues

      Unfair advertising activities in the market of capital issues by presenting and sharing of the entity market of capital issues at the time of publication of false advertising data - entails a fine in the advertiser in the amount of one hundred monthly calculation indices.

      Footnote. Article 192 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 193. Violation of the entity market of capital issues, requirements on reporting, information, data to the authorized body for control and supervision of financial market and financial organizations

      1. Failure, as well as untimely submission of the entity market to the authorized body for control and supervision of financial market and financial organizations, reporting, data or other requested information or reporting, information that does not contain the information as required under the laws of the Republic of Kazakhstan on the securities, or providing false statements or information, or other requested information, including the course of the audit activity of the securities market for the state registration of the issue of securities, approval of the report on the results of placement and (or) the redemption of securities, licensing for activity in the securities market - entails a fine for officials in the amount of one hundred, on legal entities - in the amount of two hundred monthly calculation indices.

      2. Presentation of the entity market of capital issues to the authorized body on control and supervision of financial market and financial organizations of false information about securities transactions with no signs of a punishable offence - entails a fine for legal entities in the amount of two hundred monthly calculation indices.

      Footnote. Article 193 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 194. Violation of the rights of holders of capital issues

      1. Violation of the rights of shareholders to manage the affairs of the company, the distribution of income (dividends), for the preferential purchase of capital issues, to obtain information about the company, as well as violation of the procedure for convening and holding of the general meeting of shareholders, the legislation of Kazakhstan, - entails a fine an official in the amount of two hundred, a legal entity - in the amount of four hundred monthly calculation indices.

      2. Violation of the laws of the Republic of Kazakhstan and the terms of payment of interest on bonds, and (or) their maturity - entails a fine by an official in the amount of two hundred, a legal entity - in the amount of four hundred monthly calculation indices.

      3. Violation by the issuer of the capital issues and the conditions of the order placed by the redemption of capital issues in the cases established by the legislation of the Republic of Kazakhstan and (or) the prospectus of issue of the securities, as well as failure to repurchase the securities placed by it in the cases established by the legislation of the Republic of Kazakhstan and (or) issue prospectus these securities - entails a fine for officers of two hundred, a legal entity - in the amount of four hundred monthly calculation indices.

      Footnote. Article 194 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 194-1. Violation of order of redemption of shares

      Violation of the order of redemption of shares established by the Laws of the Republic of Kazakhstan, including the redemption of outstanding equity shares of the company in the absence of methods for determining the value of shares upon redemption, approved by the general meeting of shareholders - entails a fine for officials in the amount of one hundred monthly calculation indices.

      Footnote. Supplemented by Article 194-1 in accordance with the Law of the Republic of Kazakhstan dated July 8, 2005 No. 72 (the order of enforcement see Art. 2), is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 195. Violation of the order of transactions with capital issues and (or) financial derivatives, as well as the terms and conditions of making deals

      Violation of the established laws of Kazakhstan about the transactions of capital issues and (or) financial derivatives, as well as conditions of the transactions by the legislation of the Republic of Kazakhstan - entails a fine for individuals in the amount of two hundred, and on legal entities and individual entrepreneurs - in the amount of three hundred, on legal entities of small and medium-sized businesses - in the amount of four hundred, on legal entities of large enterprises - of five hundred monthly calculation indices.

      Footnote. Article 195 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 195-1. Settlement of transactions in order to manipulate the value of capital issues

      Settlement of transactions of the market entities of capital issues in order to manipulate the value of capital issues - entails a fine for individuals - in the amount of two hundred, for officials - in the amount of three hundred, on legal entities - in the amount of five hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 195-1 in accordance with the Law of the Republic of Kazakhstan dated 08.07.2005 No. 72 (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 196. Violation of the order of registration of transactions with capital issues, reporting and confirmation of rights on them

      1. Violation by the professional participant of, rules of procedure for registers, security holders or accounting system of nominee, as well as violation of the order of confirmation on capital issues that do not have signs of a criminal offence, - entails a fine by the public individual in the amount of two hundred, a legal entity - in the amount of three hundred monthly calculation indices.

      2. Violation by the professional participant of the market of capital issues, established by the legislation of the Republic of Kazakhstan and the order of the terms of transfer of documents and data that make up a system of registers of securities holders or system nominee, other professional participants of the market of capital issues - entails a fine for an official - in the amount of three hundred, a legal entity - in the amount of four hundred monthly calculation indices.

      Footnote. Article 196 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 196-1. Violation by the issuer of conditions and procedures of issue and (or) of equity of capital issues

      1. Violation by the issuer of conditions and order of issue and (or) of equity of capital issues by the legislation of the Republic of Kazakhstan, including those related to violation by the issuer is not a financial institution established by the bond issue prospectus conditions and procedures for the use of the money received from the bond issue, with the exception actions under the second part of this article, entails a fine for officials in the amount of three hundred, on legal entities of small and medium-sized businesses - in the amount of four hundred, on legal entities of large enterprises - of five hundred monthly calculation indices .

      2. Violation of the conditions and procedures by the issuer of equity capital issues in a foreign country by the legislation of the Republic of Kazakhstan, - entails a fine for legal entities in the amount of fifty percent of the amount of money received from the placement of capital issues.

      Footnote. The Code is supplemented by Article 196-1 in accordance with the Law of the Republic of Kazakhstan dated 08.07.2005 No. 72 (the order of enforcement see Art. 2), is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 197. Violation of the deadline for submission of the report on the results of placement and (or) the redemption of capital issues

      Footnote. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 197-1. Violation by the professional market participant of capital issues and the organizer of trading in securities of the requirements established by the legislation of the Republic of Kazakhstan for their activity

      Repeated (two or more times within twelve consecutive calendar months) violation by the professional market participant of capital issues and the organizer of trading in securities of the requirements established by the legislation of the Republic of Kazakhstan for their activity - entails a fine in the amount of three hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 197-1 in accordance with the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 198. Violation by the professional participant of the capital issues of reporting period

      Footnote. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 199. Failure by the issuer of the capital issues of the requirements for the procedure and conditions of disclosure information about his activity

      Failure by the issuer of the capital issues with the procedure and conditions of disclosure of their activity, the legislation of Kazakhstan and (or) internal rules of the stock exchange, as well as presentation of the issuer of incomplete or incorrect information on his activity - entails a fine for officials in the amount of two hundred, at legal entities - in the amount of four hundred monthly calculation indices.

      Footnote. Article 199 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 200. Violation of duties for the disclose of information on the stock market

      Failure by the entities of duty of the market of capital issues to disclose information on the terms and conditions determined by the Laws of the Republic of Kazakhstan, - entails a fine for officials in the amount of one hundred monthly calculation indices.

      Footnote. Article 200 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 201. Violation of the legislation on the market of capital issues of pension funds and organizations engaged in investment management of pension assets

      Violation of pension funds of the treatment of pension savings in personal accounts of contributors (recipients), and violation of organizations engaged in investment management of pension assets in the legislation on securities market order relationships with custodian banks and pension funds, has not caused major damage - entails a fine for officials in the amount of two hundred, for legal entities - in the amount of four hundred monthly calculation indices.

      Footnote. Article 201 as amended by the Laws of the Republic of Kazakhstan dated 13.03.2003 No. 394, dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 201-1. Violation of the Law of the Republic of Kazakhstan On Investment Funds

      1. Violation of stock investment fund, the investment fund management company of the Law of the Republic of Kazakhstan "On Investment Funds" to the content of information about their activities, indicators describing the composition and value of the net assets of the investment fund, and the order of its publication and distribution, entails a fine for officials in the amount of two hundred, on legal entities - in the amount of four hundred monthly calculation indices.

      2. Distribution or publication of stock investment fund, the investment fund management company is inaccurate, incomplete, or misleading information -entails a fine for officials in the amount of two hundred, on legal entities - in the amount of four hundred monthly calculation indices.

      Footnote. Chapter is supplemented by Article 201-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after the the first official publication).

Article 202. Violation of rights to information about capital issues

      The withholding of information about capital issues, not a trade secret, as well as preventing in its receipt by the entities of the market for capital issues, if such acts did not result a major damage - entails a fine in the amount of twenty monthly calculation indices.

      Footnote. Article 202 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 203. Violation of the restrictions established by the legislative acts of the Republic of Kazakhstan, on payments

      Implementation of the legal entities of payment in cash under civil law transaction in excess of four thousand monthly calculation indices in favor of another legal entity - entails a fine for a legal entity , to make a payment in the amount of five percent of the payment amount.

      Footnote. Article 203 as amended by the Law of the Republic of Kazakhstan dated 21.06.2012 No. 19-V (shall be enforced upon expiry of three months after its first official publication).

Article 204. The illegal actions of government officials and state enterprise for operational management (public enterprise) for the adoption of financial obligations from the state budget

      1. The illegal actions of officials in the public agency or public enterprise for operational management (public enterprise) for the adoption of financial obligations from the state budget without the statutory registration of civil transactions, and (or) the excess of the amounts estimates approved by the authorized body that caused the responsibility of the Government of the Republic Kazakhstan or the relevant local executive body for the obligations of the public agency or public enterprise for operational management (public enterprise), - entails a fine of fifty monthly calculation indices.

      2. Actions, specified in paragraph one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of one hundred monthly calculation indices.

      Footnote. Article 204 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 204-1. Violation of the legislation of the Republic of Kazakhstan on commodity exchanges

      1. Workers’ participation in the exchange of a commodity exchange transactions - entails a fine in the amount from one hundred and thirty to one hundred fifty monthly calculation indices.

      2. Implementation of the commodity exchange of trading and other activities not directly related to the organization of exchange trade - entails a fine in the amount from four hundred to five hundred eighty monthly calculation indices.

      3. Realization of goods will be included in the list of commodities, regardless of commodity exchanges - entails a fine for individuals in the amount from fifty to seventy, and on legal entities and individual entrepreneurs - in the amount from eighty to one hundred, on legal entities of small and medium enterprises or non-profit organizations - in the amount of one hundred twenty to one hundred and forty, for legal entities of a large enterprise - in the amount of three hundred to four hundred eighty monthly calculation indices.

      4. Failure to comply with stock brokers and (or) exchange dealer requirements on record keeping of transactions committed separately for each client and a storage of information about these deals within five years from the date of the transaction - entails a fine in the amount from sixty to eighty monthly calculation indices.

      Footnote. The Code is supplemented by Article 204-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.2009 No. 156-IV (shall be enforced from 08.11.2009).

Chapter 16. Administrative offences in the taxation

Article 205. Violation of the term of the registration reporting in the tax office

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      1. Violation of the established laws of the Republic of Kazakhstan for tax filing of an application for registration with the tax authority, except as provided for in part two of this article - entails a fine for the officials, entrepreneurs, private lawyers, private bailiffs and lawyers - in the amount of five, for legal entities of small or medium-sized business or non-profit organizations - in the amount of fifteen, for legal entities of a large enterprise - in the amount of thirty-five monthly calculation indices.

      2. Violation of the established laws of the Republic of Kazakhstan for tax filing of an application for registration with the tax bodies for more than ninety days - entails a fine for the officials, entrepreneurs, private lawyers, private bailiffs and lawyers - in the amount of eight, for legal entity s being entails a small or medium-sized business or non-profit organizations - in the amount of thirty, for legal entities of a large enterprise - in the amount of seventy monthly calculation indices.

      2-1. Violation of the established laws of the Republic of Kazakhstan for filing of tax declaration modifying registration information by the private entrepreneur to change the information specified in the certificate of state registration of individual entrepreneurs, private notaries, bailiffs and private attorney to change the location - entails a fine of five monthly calculation indices .

      3. Violation of the taxpayer established by the legislative acts of the Republic of Kazakhstan for filing tax declaration to the tax bodies of registration in the register at the value-added tax - entails a fine for the officials, entrepreneurs in the amount of fifteen monthly calculation indices, for legal entities of small and medium enterprises - in the amount of fifteen, for legal entities of a large enterprise - in the amount of thirty per cent of the taxable turnover for the period of not placing the registration.

      4. Violation of the taxpayer by the tax legislation of the Republic of Kazakhstan for tax registration at the place of registration of the launch of certains of business, the tax legislation - entails a fine for the officials, entrepreneurs of ten, for legal entities of small and medium enterprises - in the amount of forty-five, for legal entities of a large enterprise - in the amount of seventy-five monthly calculation indices.

      5. Actions envisaged in part four of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for the officials, entrepreneurs in the amount of twenty, for legal entities of small and medium enterprises - in the amount of ninety, for legal entities being a subject of large-scale enterprises - in the amount of one hundred and fifty monthly calculation indices.

      Note. Concept and terms of tax laws used in this chapter shall be applicable only in the sense in which they are used in the tax legislation of the Republic of Kazakhstan.

      Footnote. Article 205 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No.123 (shall be enforced from 01.01.2006), dated 11.12.2006 No. 201 (shall be enforced from 01.01.2007), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 205-1. Improper implementation of activities in the application of the special tax regime

      1. Implementation of activities in the application of the special tax regime in violation of the conditions stipulated by the legislative acts of the Republic of Kazakhstan to the regime - entails a fine for individuals of eight, and for legal entities and individual entrepreneurs - in the amount of fifteen, for legal entities of small and medium-sized businesses - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices.

      2. The actions specified in paragraph one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of fifteen, for officials, entrepreneurs - in the amount of thirty, for legal entities of small and medium enterprises, - in the amount of fifty, for legal entities of a large enterprise - in the amount of seventy monthly calculation indices.

      3. Violation by an individual entrepreneur of deadline calculation to obtain a patent up to thirty calendar days - entails a fine in the amount of ten monthly calculation indices.

      4. Violation by an individual entrepreneur of deadline calculation to obtain a patent for more than thirty calendar days - entails a fine in the amount of twenty monthly calculation indices.

      5. Actions described in paragraphs three and four of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine of forty monthly calculation indices.

      6. Operation by individual entrepreneur, a special tax regime based on a patent, in the period of suspension of tax filing - entails a fine in the amount of twenty monthly calculation indices.

      7. Actions specified in paragraph six of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of forty monthly calculation indices.

      Note. Under the execution of the implementation of the renewed activity, which leads to a liability for the calculation and payment of taxes and other obligatory payments to the budget, without submitting to the tax bodies to calculate the patent.

      Footnote. Article 205 is in the wording of the Law of the Republic of Kazakhstan dated 11.12.2006 No. 201 (shall be enforced from January 1, 2007), as amended by the Laws of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 21.07.2011 No. 467-IV (shall be enforced from 01.01.2012).

Article 205-2. Implementation of activities by persons in the period of the suspension of tax filing

      Implementation of activities by persons in the period of the suspension of tax filing, except for individual entrepreneurs using special tax treatment on the basis of a patent, entails a penalty to the individual entrepreneurs, private lawyers, private bailiffs and lawyers - in the amount of thirty, for legal entities of small businesses - in the amount of forty, for legal entities of medium to large enterprises - the amount of fifty monthly calculation indices.

      Note. Under the execution of the implementation of the renewal of the taxpayer (tax agent) activity, leading to a liability for the calculation and payment of taxes and other obligatory payments to the budget, with no view of the tax declaration on the resumption of tax filing.

      Footnote. Chapter 16 is supplemented by Article 205-2 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), is in the wording of the Law of the Republic of Kazakhstan dated 21.07.2011 No. 467-IV (shall be enforced from 01.01.2012 ).

Article 206. Failure to submit tax returns and documents necessary for monitoring the taxpayer or related to the conditional bank deposit

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      1. Failure to provide the tax statements by the taxpayer to the tax office, except for the statement to be submitted by the importer on the import of goods and payment of indirect taxes, the deadline set by the legislative acts of the Republic of Kazakhstan, entails a fine for individuals in the amount of fifteen, for officials, entrepreneurs, private lawyers, private bailiffs and lawyers - in the amount of thirty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of forty-five, for legal entities of a large enterprise - in the amount of seventy monthly calculation indices.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      3. Failure to submit in due time, set by the state authority, or refusal to provide the documents by the taxpayer (including in electronic form), as well as reporting on monitoring needed for the monitoring of large taxpayers - entails a fine for the officials, entrepreneurs, private lawyers, private bailiffs and lawyers in the amount of thirty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, on legal entities of large enterprises - amount of three hundred fifty monthly calculation indices.

      4. Actions (inaction) by part three of this article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine on the officials, entrepreneurs, private lawyers, private bailiffs and lawyers in the amount of fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred and fifty, and on legal entities of large enterprises - in the amount of seven hundred and fifty monthly calculation indices.

      5. Failure to submit or late submission of the tax agent agreement to the tax office on a provisional bank deposit in the event of payment of income tax through the conditional bank deposit - entails a fine for individual entrepreneurs, private lawyers, private bailiffs and lawyers in the amount of ten, for legal entities, including non-residents operating in the Republic of Kazakhstan through a permanent establishment, branch or representative office, which are the subjects of small and medium enterprises - in the amount of thirty, for legal entities, including non-residents operating in the Republic of Kazakhstan through a permanent establishment, branch or representative, being entails of large-scale enterprises - in the amount of fifty monthly calculation indices.

      6. Failure to provide the documents by the taxpayer to the tax authority, necessary for the determination of the profit or the profit of the foreign entity located and (or) registered in the state with tax benefits entails a tax under the Tax Code of the Republic of Kazakhstan, - entails a fine for individuals, private entrepreneurs in the amount of one hundred, on legal entities of small and medium enterprises in the amount of two hundred, on legal entities of large enterprises in the amount of five hundred monthly calculation indices.

      7. Failure to submit or late submission by the importer to the tax authority on the import of goods and payment of indirect taxes under the laws of the Republic of Kazakhstan - entails a fine for individuals, government officials, entrepreneurs, private notaries and lawyers - in the amount of fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of a large enterprise, - in the amount of two hundred and fifty monthly calculation indices.

      Footnote. Article 206 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 11.12.2006 No. 201 (shall be enforced from 01.01.2007), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 206-1. Failure to submit reports on the monitoring of transactions submitted to monitor transfer pricing, as well as the documents required to carry out checks on transfer pricing

      1. Failure to provide monitoring reporting of transactions within the period by the taxpayer to the tax authority prescribed by the legislation of the Republic of Kazakhstan on transfer pricing - entails a fine for officials, for entrepreneurs - in the amount of thirty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of forty, for legal entities of a large enterprise - in the amount of seventy monthly calculation indices.

      2. Discrepancies over 2000 times of the monthly calculation indices, established for the financial year by the law on the national budget, between the reporting of monitoring of transactions and data obtained during the inspection - entails a fine for the officials, entrepreneurs - in the amount of fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, on legal entities of large enterprises - in the amount of three hundred monthly calculation indices.

      3. Failure to submit in a due time, set by the state authority, or refusal to provide the taxpayer documents (including in electronic form), as well as reporting on the monitoring of transactions necessary to control transfer pricing, - entails a fine for the officials, entrepreneurs - in the amount of thirty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, on legal entities of large enterprises - in the amount of three hundred fifty monthly calculation indices.

      4. Actions (inaction) by part three of this article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine on the officials, entrepreneurs - in the amount of fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred and fifty, and on legal entities of large enterprises - in the amount of seven hundred and fifty monthly calculation indices.

      Footnote. Chapter 16 is supplemented by Article 206-1 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

Article 206-2. Violation of financial controls by persons, dismissed from government service on negative grounds, as well as by husband (wife) of specified persons

      1. Failure to submit, untimely submission or submission of incomplete or inaccurate declarations of income, assets and other information provided by the legislation on corruption, persons dismissed from the civil service on negative grounds, annually during three years after leaving public service, as well as by husband ( wife) of specified persons - entails a fine in the amount from fifty to one hundred monthly calculation indices.

      2. Actions, specified in paragraph one of this article committed repeatedly within a year after the imposition of an administrative penalty, entail a fine in the amount from one hundred to two hundred monthly calculation indices.

      Note. A person does not entails an administrative liability under this Article, in the case of elimination of the violation by providing additional tax reporting, and (or) further on the notification of tax reporting in accordance with the laws of the Republic of Kazakhstan.

      Footnote. The Code is supplemented by Article 206-2 in accordance with the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 467-IV (shall be enforced from 01.01.2012).

Article 207. Non-disclosure of taxable items

      1. Non-disclosure of taxable items by a taxpayer - entails a fine for officials in the amount of twenty monthly calculation indices, to individuals, to individual entrepreneurs and legal entities in the amount of one hundred and fifty percent of the amount of taxes and other payments due to the hidden object of taxation.

      2. Actions (inaction), provided by the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for officials in the amount of fifty monthly calculation indices, to individuals, to individual entrepreneurs and legal entities - in the amount of two hundred percent of the amount of taxes and other payments due to the hidden object of taxation.

      Note. For the purposes of the first part of this Section, under the concealment of taxable items, a failure by the taxpayer on account of goods is also understood as imported into the territory of the Republic of Kazakhstan from the territory of states - members of the customs union.

      Footnote. Article 207 as amended by the Laws of the Republic of Kazakhstan dated December 13, 2004 No. 11 (shall be enforced from January 1, 2005), dated November 22, 2005 No. 89 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 208. The lack of records and violations of tax accounting

      Footnote. Title of Article 208 is in the wording of the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      1. The lack of tax records by the taxpayer and (or) non-compliance with the requirements for the preparation and storage of records, the legislation of the Republic of Kazakhstan - entails a fine for the officials, entrepreneurs in the amount of twenty-five monthly calculation indices, for legal entities of small and medium enterprises or non-profit organizations - in the amount of fifty monthly calculation indices, for legal entities of a large enterprise - in the amount of seventy-five monthly calculation indices.

      2. Actions, specified in paragraph one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for the officials, entrepreneurs in the amount of thirty-five monthly calculation indices, for legal entities of small or medium-sized business or non-profit organizations - in the amount of sixty monthly calculation indices, for legal entities of a large enterprise - in the amount of ninety monthly calculation indices.

      3. Unrecognized in the accounting records of operations on registration and sale of goods (works, services) - entails a fine for entrepreneurs, legal entities of small or medium-sized business or non-profit organizations, in the amount of five, for legal entities of large enterprises - in the amount of ten percent of unaccounted goods (works, services).

      Note. Under the lack of tax records means the absence of accounting records and (or) tax forms, tax, accounting policies and other documents that are the basis for determining the taxable items and (or) objects related to taxation, and for calculating the tax liability.

      Footnote. Article 208 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Law of the Republic of Kazakhstan dated 11.12.2006 No. 201 (shall be enforced from January 1, 2007), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

Article 208-1. Evasion of accrued (calculated) of taxes and other obligatory payments to the budget

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      Evasion of accrued (calculated) taxes and other obligatory payments to the budget, committed through taxpayer settlement through cash or bank accounts of third parties in the presence of the tax debt in the period of the tax authority to order the suspension of operations at the box office, if this action does not contain characteristics of a criminal offence - entails a fine for individuals in the amount of fifteen, for officials, entrepreneurs - in the amount of thirty-five monthly calculation indices, for legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty, at legal entities of a large enterprise - in the amount of fifty percent of the amount produced by calculation or administrative arrest for up to forty-five days from the confiscation of objects and tools that gave the offence and the property received as a result of its commission.

      Footnote. Supplemented by Article 208-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 209. Undervaluation of amount of taxes and other mandatory payments to the budget

      1. Underreporting of taxes and other obligatory payments to the declaration, calculation, application for import of goods and payment of indirect taxes, if this action does not contain elements of a criminal offence - entails a fine for individuals of ten, for officials - in the amount of twenty monthly calculation indices, for individual entrepreneurs, private lawyers, private bailiffs, lawyers and legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty , for legal entities of a large enterprise - in the amount of fifty percent of the amount of taxes and other obligatory payments to the budget or administrative arrest for up to forty-five days from the confiscation of objects and tools that gave the offence and the property received as a result of its commission.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      3. Undervaluation of current payments in the calculation by the taxpayers, if the act does not contain elements of a criminal offence - entails a fine for entrepreneurs, legal entities of small or medium-sized business or non-profit organizations, in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty percent of the low amount of current payments or administrative arrest for up to forty-five days from the confiscation of objects and tools that gave the offence and the property received as a result of its commission.

      4. The excess of the effective terms of corporate income tax for the tax period of the calculated amount of advance payments during the tax period of more than twenty percent, if this action does not contain elements of a criminal offence, entails a fine of forty percent of the excess of the actual tax or administrative arrest up to forty-five days from the confiscation of objects and tools that gave the offence and the property received as a result of its commission.

      5. (Is excluded).

      6. Under declaration of tax amounts included in the calculation of the cost of a patent by a legal entity of agricultural producer, producing payments to the budget based on the patent, if the act does not contain elements of a criminal offence - entails a fine of thirty percent of the low amount of taxes without reducing the calculation of cost patent or administrative arrest for up to forty-five days from the confiscation of objects and tools that gave the offence and the property received as a result of its commission.

      Notes.

      1. For the purposes of part one of this Section, no person shall entail to the administrative liability in the event if the amount of taxes for the added amount does not entail the accrual of taxes to the added amount, contributed to the budget, for the tax period.

      1-1. For the purposes of part one of this Section, in case if a person entails administrative liability for understating the amount of indirect taxes in the application for import of goods and payment of indirect taxes, such person does not entail administrative charges separately for the understatement of the amounts of indirect taxes in the declaration on indirect taxes on imported goods .

      2. For the purposes of part four of this Article, a person also entails an administrative liability in the event of failure during the tax period advance payment of corporate income tax due in accordance with the laws of the Republic of Kazakhstan. In this case, the calculated amount of the advance payments equal to zero.

      3. For the purposes of part four of this article, when determining the excess is not considered an excess, formed in order to effect the adjustment of the tax on the extraction of mineral resources in accordance with paragraph 3 of Article 335 and (or) in subparagraph 1) of paragraph 3 of Article 338 of the Tax Code of the Republic of Kazakhstan.

      Footnote. Article 209 as amended by the Laws of the Republic of Kazakhstan dated 29.11.2003 No. 500 (shall be enforced from 01.01.2004), dated 05.12.2003 No. 506, dated 13.12.2004 No. 11 (shall be enforced from 01.01.2005), dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 07.07.2006 No. 177 (the order of enforcement see Art. 2), dated 11.12.2006 No. 201 (shall be enforced from 01.01.2007), dated 26.07. 2007 No. 312 (shall be enforced upon expiry of ten days from the date of its publication), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 210. Failure to comply with obligations by the tax agent under deduction and (or) transfer taxes

      1. Deducting or partial withholding of the amount of taxes by a tax agent to be withheld and (or) to the budget, within the period prescribed by the tax laws of the Republic of Kazakhstan - entails a fine for officials in the amount of twenty monthly calculation indices, individual entrepreneurs, private notaries, private bailiffs, lawyers, legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty, for legal entities of a large enterprises - fifty percent from deducted taxes and other mandatory payments.

      2. Incomplete transfer or non-transfer by a tax agent of withheld tax amounts to be transferred to the budget, within the period prescribed by the tax laws of the Republic of Kazakhstan, entails a fine for officials, entrepreneurs, private lawyers, private bailiffs, lawyers, legal entities of small or medium-sized businesses or non-profit organizations - in the amount of ten, for legal entities of a large enterprise - in the amount of twenty monthly calculation indices.

      Note. A person shall not entail to an administrative liability under this article, the withheld (entails withholding) tax, a tax agent independently identified and specified in additional tax returns, provided as listed in the budget no later than three working days after submission of the additional tax reporting tax authority.

      Footnote. Article 210 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010); as amended by the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 211. Excerpt of fictitious tax invoice

      Excerpt by the taxpayer of fictitious tax invoices - entails a fine for the officials, entrepreneurs in the amount of thirty-five monthly calculation indices, for legal entities of small and medium enterprises - in the amount of one hundred and twenty, for legal entities of a large enterprise - in the amount of two hundred percent of the amount of taxes for the added value, included in the tax invoice.

      Note. Fictitious invoice is recognized by tax invoice issued by a taxpayer who is not registered for added value, as well as a person who actually does not produce works, services, delivery of goods and includes the sum of the value for added tax.

      Footnote. Article 211 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 212. Violation of the order of admission to the territory of the market

      Footnote. Article 212 is excluded by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2011).

Article 213. Violation of the legislation of the Republic of Kazakhstan in the field of state regulation of production and turnover of certain petroleum products and excisable goods, except for biofuels, ethanol and alcohol production

      Footnote. Title of Article 213 as amended by the Law of the Republic of Kazakhstan dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its first official publication).

      1. Violation of the rules of registration of accompanying invoices, declaration of excisable goods, except for biofuels, ethyl alcohol and alcoholic beverages, as well as non-submission or late submission of the supporting invoices and declarations for the production and circulation of excisable goods, except for biofuels, ethyl alcohol and alcoholic beverages - entails a fine for individuals in the amount of twenty, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount of seventy, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices.

      2. Actions, envisaged in part one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of fifty, for officials, entrepreneurs, legal entities of small and medium enterprises in the amount of one hundred, to legal entities of large enterprises in the amount of two hundred monthly calculation indices.

      3. Violation of the legislation of the Republic of Kazakhstan in the field of state regulation of production and turnover of tobacco products, committed in the form of failure to present the information to the authorized body or providing false information in the production and circulation of tobacco products, as well as failure to submit, within thirty calendar days, in writing, your contribution changes and additions to the passport production of tobacco products is not the address listed on the license, the equipment does not meet the requirements set by the legislation of the Republic of Kazakhstan; non-exercise activity on the production of tobacco products within a year from the date of issuance of the license - entails a fine for officials of one hundred and twenty, to entrepreneurs, legal entities of medium-sized businesses - in the amount of two hundred, on legal entities of large enterprises - in the amount of seven hundred monthly calculation indices to suspend the license for a specific activity.

      4. Actions, envisaged in part three of this article, committed repeatedly within a year after the imposition of an administrative penalty, entail a fine for officials in the amount of one hundred and fifty, to entrepreneurs, legal entities of medium-sized businesses - in the amount of three hundred, on legal entity s being entails of large-scale enterprises - in the amount of nine hundred monthly calculation indices deprivation of the license for a specific activity.

      5. Violation of the terms of production and sales of certains of petroleum and excise goods excluding biofuels, ethanol and alcohol production, committed as follows: turnover of leaded gasoline, and the implementation of sub-standard oil products and their storage without further processing, petroleum product sales persons, except the producers and oil suppliers, not with the bases oil, gasoline stations, sales and (or) the transportation of petroleum products without supporting invoices;

      disruption imposed on the control instruments accounting seals;

      turnover (excluding exports) of tobacco products is below minimum prices of the Government of Kazakhstan;

      of petroleum products from gas stations, movable not on agricultural land in areas of concentration of agricultural machinery for field work - entails a fine for individuals of one hundred and fifty, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of three hundred and fifty, for legal entities of a large enterprise - in the amount of eight hundred monthly calculation indices and confiscation of oil products, which are the immediate subject of an administrative offence, and (or) of the proceeds received as a result of the offence.

      6. Actions, specified in paragraph five of this article, committed repeatedly within a year after the imposition of an administrative penalty, entail fine for individuals in the amount of two hundred, on officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of four hundred, to legal entities of a large enterprise - in the amount of monthly payments thousands with confiscation of oil products, which are the immediate subject of an administrative offence, and (or) of the proceeds received as a result of the offence.

      Footnote. Article 213 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010); as amended by the Law of the Republic of Kazakhstan dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its the first official publication), dated 21.07.2011 No. 467-IV (shall be enforced from 01.07.2011).

Article 214. Violation of the order and labeling rules of excisable goods with excise stamps and (or) accounting and control stamps

      1. Violation by the manufacturer or importer of labeling rules of excisable goods entails marking with excise and (or) the accounting and control stamps, - entails a fine for officials in the amount of one hundred and twenty, to entrepreneurs, legal entities of medium-sized businesses - in the amount of two hundred, at legal entities of large enterprises - of five hundred monthly calculation indices to suspend the license for a specific activity.

      2. Turnover of excisable goods entails marking with excise and (or) the accounting and control stamps, perfect as a storage, sale and (or) transport excisable goods without excise and (or) the accounting and control stamps, as well as the stamp of unknown model and (or) can not be identified - entails a fine for individuals of five hundred percent of the rate of excise on excisable goods, which were the direct object of the offence, the officials - in the amount of one hundred, to entrepreneurs, legal entities of small business - in the amount of one hundred and fifty, to individual entrepreneurs, legal entities of medium-sized businesses - in the amount of two hundred, on legal entities of large enterprises - in the amount of five hundred monthly calculation indices with confiscation of excisable goods, which were the direct object of the offence, and (or) of the proceeds received as a result of the offence.

      Footnote. Article 214 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 215. Violation of the order for cash registers

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      1. Violation of the tax legislation of the Republic of Kazakhstan about the use of cash registers - entails a fine for the individual entrepreneurs, private notaries and officials in the amount of fifteen monthly calculation indices.

      2. (Is excluded by the Law of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

      3. Actions (inaction), provided by the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individual entrepreneurs, private notaries and officials in the amount of thirty monthly calculation indices.

      Footnote. Article 215 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

Article 216. Failure to fulfill obligations under tax law, officials of banks and other institutions engaged in certains of banking operations of stock exchanges

      1. Failure to fulfill obligations under the tax law, officials of banks and other institutions engaged in certains of banking operations, stock exchanges, committed in the form of non-disclosure to the tax bodies on the opening of bank accounts for taxpayers - legal entities (individuals engaged in entrepreneurial activities without forming a legal entity s) of the payment orders taxpayers to transfer (payment) from their bank accounts, the amounts of tax payments required by character in the national and local budgets without being charged with a document, issued by the tax bodies and confirming the fact of its registration, failure to have enough money in the customer's bank accounts to meet all the requirements of the customer as a priority payment orders, taxpayers to transfer (payment) to the budget from their bank account of taxes and other obligatory payments, penalties and fines, failure to transfer (unapplied), late payment (later than the day of the transaction by debiting money from bank accounts or next day cash payment to the bank or organization engaged in certains of banking operations), or for errors in filling out details of payment on the bank's fault or organizations engaged in certains of banking operations, for a transfer to a bank or other organization, perform cash execution of the budget system, the amount of taxes and other obligatory payments to the budget, failure to have enough money for the client's bank accounts to meet all the requirements of the customer as a priority collection orders (orders) of tax bodies to collect from taxpayers to the budget of taxes and other mandatory payments, fines and penalties are not made on time, refusal of admission of employees of tax bodies to check committed (committed) transactions on bank accounts, the availability of money in these accounts of the taxpayers - legal entities (individuals engaged in entrepreneurial activity without a legal entity), as well as operations and the availability of money in the accounts, deposits of specific individuals or creating other obstacles in the implementation of these checks, failure to orders of the tax bodies to halt all spending transactions of legal entities and individual entrepreneurs, private notaries, bailiffs and private Lawyers on their bank accounts, non-compliance to eliminate violations of tax laws, failure or refusal to submit to the tax bodies and their officials for financial reporting, calculations and other documents relating to the calculation and payment of taxes and other payments to the budget, the establishment and application of prices and tariffs, non-tax bodies on request information on completed transactions over a period of bank accounts have money in these accounts of the taxpayers, non-officials of banks and organizations engaged in certains of banking operations, stock exchanges, at the request of tax bodies information on the financial operations of the taxpayer in the previous year and the accrued interest (interest) on the form and within the time limits established by the authorized government body, opening a new bank account to the client in the presence of the latter in the bank opening a bank account to which the tax bodies exhibited collection orders or instructions on the suspension of the operations of the taxpayer's bank account, open a bank account inactive taxpayer - entails a fine of thirty monthly calculation indices.

      2. Actions (inaction), provided by the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine of sixty monthly calculation indices.

      Footnote. Article 216 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 11.12.2006 No. 201 (shall be enforced from 01.01.2007), dated 28.02.2007 No. 235 (the order of enforcement see Art. 2), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 217. Non-performance by banks and organizations engaged in certains of banking operations, the duties established by the tax legislation

      1. Non-performance by banks and organizations engaged in certains of banking operations, the duties established by the tax legislation, committed as follows:

      Note of the RCLI!
      aragraph as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 538-IV (shall be enforced from 01.01.2013).

      Not excluding the taxpayer registration number when opening a taxpayer (other than individuals - non-residents) of bank accounts;

      failure to notify the tax bodies on the opening of the taxpayer - for the legal entity or a individual engaged in entrepreneurial activities without forming a legal entity, bank accounts through electronic channels providing guaranteed message delivery, no later than one business day, following the day of the opening, or by giving notice to the paper - within three working days;

      Note of the RCLI!
      aragraph as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 538-IV (shall be enforced from 01.01.2013).

      the operation of customer accounts without making a payment documents (except for bills) the registration number of the taxpayer; non - cancellation of all debit transactions in the bank accounts of taxpayers - legal entities or individuals engaged in entrepreneurial activities without forming a legal entity, under the order of the tax bodies in the cases provided tax legislation;

      failure to transfer (unapplied), late payment (later than the day of the transaction by debiting money from bank accounts or the next day to make cash in the bank, or organization engaged in certains of banking operations), or for errors in filling out details of payment on the fault of the bank or organization engaged certains of banking operations, for a transfer to a bank or other organization engaged in the cash execution of the budget system, the amount of taxes and other obligatory payments to the budget, penalties, fines, failure by the client enough money in the bank accounts to meet all the requirements for the client, in priority collection orders (orders) of tax bodies to collect from taxpayers to the budget of taxes and other mandatory payments, penalties and fines;

      Opening a new bank account for his client in the presence of the latter in the bank opening a bank account to which the tax bodies exhibited collection orders or orders for the suspension of withdrawals from the bank accounts of the taxpayer;

      opening a bank account inactive taxpayer;

      the non-transfer of information on amounts of bank fees to the tax authority within the period established by the tax legislation of the Republic of Kazakhstan; failure to tax bodies within the period established by the tax legislation of the Republic of Kazakhstan, the statement of cash flows, placed on a provisional bank deposit during the quarter, with there is such a movement of money in the form established by the authorized body - entails a fine for legal entities in the amount of five per cent from the amount of debit transactions in the bank accounts of taxpayers for the period of default bank obligations, the tax legislation of the Republic of Kazakhstan.

      2. Late transfer or non-transfer banks and organizations engaged in certains of banking operations, taxes and other obligatory payments to the budget, published under a conditional bank deposit - entails a fine for legal entities in the amount of fifty percent of the non-transfer or late transfer tax and other mandatory payments to the budget, located on a provisional bank deposit.

      Footnote. Article 217 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 12.01.2007 No. 224 (shall be enforced from 01.01.2012), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 12.01.2012 No. 538-IV (shall be enforced from 01.01.2012), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 218. Submission of false information on banking operations

      Representation of banks and other organizations engaged in certains of banking operations, of false information on the operations of the bank accounts of legal entities and individuals, as well as issuance of guarantees and other commitments that are obviously not provided by the actual financial condition of the bank, if these actions did not result in major harm a person or entity or the state - entail a fine for officials in the amount of fifty monthly calculation indices.

      Note. Large amount of damage caused to an individual, a sum in excess of five hundred, a legal entity in the amount of two thousand monthly calculation indices at the time of the offence.

      Footnote. Article 218 as amended by the Laws of the Republic of Kazakhstan dated 11.12.2006 No. 201 (shall be enforced from 01.01.2007), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 218-1. Dereliction of duty by the tax legislation of the Republic of Kazakhstan, the taxpayers in the export and import of goods, performance of work, rendering of services in the Customs Union, and default entities with the legislation of the Republic of Kazakhstan

      1. Non-payment of indirect taxes within thirty calendar days after the payment deadline set by the tax legislation of the Republic of Kazakhstan, entails a fine for individuals, government officials, entrepreneurs, private notaries and lawyers - in the amount of ten, for legal entities of small and medium businesses or non-profit organizations - in the amount of twenty, for legal entities of a large enterprise - in the amount of two hundred fifty monthly calculation indices.

      2. Non-payment of indirect taxes within thirty calendar days after the payment deadline set by the tax legislation of the Republic of Kazakhstan - entails a fine for individuals, government officials, entrepreneurs, private notaries and lawyers - in the amount of twenty, for legal entities of small and medium businesses or non-profit organizations - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty percent of the amount of unsettled tax obligation, but not less than two hundred fifty monthly calculation indices.

      3. Failure of the taxpayer to provide the obligation to import (export) of refined products to the tax authority, as well as the obligations of the subsequent export from the territory of the Republic of Kazakhstan of temporarily imported goods, vehicles and their non-performance, provided by the tax legislation of the Republic of Kazakhstan - entail a fine for individuals and officials - in the amount of fifty, individual entrepreneurs and legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred fifty monthly calculation indices.

      4. Violation of the laws of the Republic of Kazakhstan for processing raw materials, exported from the territory of the Republic of Kazakhstan to the state - the customs union, as well as imported into the territory of the Republic of Kazakhstan with the State - a member of the customs union - entails a fine for individual entrepreneurs and legal entities of small and medium-sized businesses - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty percent of the assessed tax.

      5. Failure to notify or untimely notification organizer of exhibitions and trade fairs on a trade - entails a fine for individual entrepreneurs and legal entities of small and medium enterprises - in the amount of two hundred and fifty, and on legal entities of large enterprises - in the amount of five hundred monthly calculation indices.

      6. Violation of the order organizer for organizing exhibitions and trade fairs - entails a fine for individual entrepreneurs and legal entities of small and medium enterprises - in the amount of two hundred and fifty, and on legal entities of large enterprises - in the amount of five hundred monthly calculation indices.

      7. Excluded by law of the Republic of Kazakhstan of 09.01.2012 No. 535-IV (coming into force after 10 calendar days after its first official publication)

      8. Failure to file the tax bodies at the location (address) of the date of receipt of excise goods imported from the territory of a Member State - persons of the customs union obliged under the laws of the Republic of Kazakhstan to provide such notice - entails a fine for individuals, officials of one hundred, individual entrepreneurs and legal entities of small and medium enterprises - in the amount of three hundred, on legal entities of large enterprises - in the amount of five hundred monthly calculation indices.

      Note. For the purposes of the first and second paragraph of this Article, if the person entails an administrative responsibility for the failure to register the goods imported into the territory of the Republic of Kazakhstan from the territory of the Member States of the customs union, under Article 207 of this Code, such person entails an administrative liability under parts one and two of this article.

      Footnote. Chapter 16 is supplemented by Article 218-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010) as amended by the Law of the Republic of Kazakhstan dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 219. Failure to comply with the legal requirements of tax bodies and their officials

      1. Failure to comply with legal requirements of the taxpayer of tax bodies and their officials - entails a fine for individuals of eight, on officials - in the amount of fifteen monthly calculation indices.

      2. Actions (inaction), provided by the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of fifteen, on officials - in the amount of thirty monthly calculation indices.

      3. Unlawfully obstructing access of official tax authority by conducting a tax audit on the grounds or premises used by a taxpayer (other than residential) for business - entails a fine for individual entrepreneurs and officials in the amount of forty-five monthly calculation indices.

      4. Actions (inaction) by part three of this article, committed repeatedly within one year after the imposition of an administrative penalty - entails a fine for the officials and entrepreneurs in the amount of sixty monthly calculation indices.

      Footnote. Article 219 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Chapter 16-1. Administrative offences in the field of energy conservation and energy efficiency

      Footnote. The Code is supplemented by Chapter 16-1 in accordance with the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced from 26.07.2012).

Article 219-1. Failure to comply with the normative values of power factor in electrical networks and exceeding the standards for energy consumption

      1. Failure to comply with the normative values ??of power factor in electrical networks - entails a fine for individual entrepreneurs and legal entities of small and medium-sized businesses - in the amount of ten, for legal entities of large enterprises - in the amount of two hundred monthly calculation indices.

      2. Exceeding power - entails a fine for the individual entrepreneurs and legal entities of small and medium enterprises - in the amount of five, for legal entities of a large enterprise - in the amount of fifteen percent of the energy used in excess of the approved standards for the period in which there was an offence, but not more than one year.

      3. The act, provided by the first paragraph, if repeated within a year after the imposition of an administrative penalty - entails a fine for individual entrepreneurs and legal entities of small and medium enterprises - in the amount of twenty, for legal entities of large enterprises - in the amount of four hundred monthly calculation indices.

      4. Action envisaged in part two of this article committed repeatedly within one year after the imposition of an administrative penalty, shall result in a penalty to the individual entrepreneurs and legal entities of small and medium-sized businesses - in the amount of ten, for legal entities of large enterprises - at the rate of thirty percent of the energy used in excess of the approved standards in the period in which the offence occurred, but no more than one year.

      Note. The cost for energy resource is based on the market price at the time of detection of the offence.

Article 219-2. Malfunctioning equipment, fixtures, pipes without insulation or breaking operation of energy consuming equipment

      1. Malfunctioning equipment, fixtures, pipes without insulation or misuse of energy-consuming equipment, caused by direct losses of energy in their production and transmission, as well as water in the transfer - entails a fine for individual entrepreneurs and legal entities of small and medium businesses - in the amount of twenty, for legal entities of large enterprises - in the amount of two hundred and monthly calculation indices.

      2. The act, provided by the first paragraph, if repeated within one year after the imposition of administrative penalties - entails a fine for individual entrepreneurs and legal entities of small and medium-sized businesses - in the amount of forty, for legal entities of a large enterprise - in the amount of four hundred monthly calculation indices.

      Note of the RCLI!
      Chapter 16-1 is supplemented by Article 219-3 in accordance with the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced from 01.01.2013).
      Note of the RCLI!
      Chapter 16-1 is supplemented by Articles 219-4, 219-5 in accordance with the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced from 01.01.2015).
      Note of the RCLI!
      The order of enforcement of Article 219-6 see Art. 2.

Article 219-6. The illegal sale and manufacture of electric light bulbs

      Sales and production of electric lamps incandescent by the power of 25W and above, which can be used in AC circuits for lighting, entails a fine for individuals - in the amount of ten, individual entrepreneurs and legal entities of small and medium enterprises - in the amount of forty, for legal entities of large enterprises - of one hundred monthly calculation indices, with confiscation of electric incandescent lamps by the power of 25W and above, which can be used in AC circuits for lighting.

      Note of the RCLI!
      Chapter 16-1 is supplemented by Article 219-7 in accordance with the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced from 01.01.2014).

Article 219-8. Failure to comply with the order of the energy audit, the order of the examination of energy conservation and energy efficiency, provided by the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency

      1. Failure to comply with the order of the audit, the order of the examination of energy conservation and energy efficiency, the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency, - entails a fine for legal entities of small and medium enterprises - in the amount of twenty, for legal entities of large businesses - in the amount of one hundred monthly calculation indices.

      2. The act, provided by the first paragraph, if repeated within one year after the imposition of administrative penalties - entails a fine for legal entities of small and medium-sized businesses - in the amount of forty, for legal entities of large enterprises - in the amount of two hundred with the certificate suspension of accreditation.

      3. The same act committed repeatedly within one year after the expiration of an administrative penalty under part two of this article - entails a fine for legal entities of small and medium-sized businesses - in the amount of sixty, for legal entities of large enterprises - in the amount of three hundred monthly calculation indices with the deprivation of the accreditation certificate.

Article 219-9. Production and (or) implementation of energy-using devices that do not contain the technical documentation and the label information about the and characteristics of energy efficiency in accordance with the technical regulations of the Customs Union

      1. Production and (or) the implementation of energy-consuming devices, not contained in the technical documentation and information on the labels of the and characteristics of energy efficiency in accordance with the technical regulations of the Customs Union - entails a fine for individual entrepreneurs and legal entities of small and medium enterprises - in the amount of six, for legal entities of large enterprises - one hundred monthly calculation indices.

      2. The act, provided by the first paragraph, if repeated within one year after the imposition of administrative penalties - entails a fine for individual entrepreneurs and legal entities of small and medium-sized businesses - in the amount of twelve, for legal entities of large enterprises - two hundred monthly calculation indices.

Article 219-10. Failure to comply with the authorized body in the field of energy conservation and energy efficiency, about the disposal of violations of the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency, or its running not in total volume

      1. Failure to comply with the authorized body in the field of energy conservation and energy efficiency to address violations of the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency, or not doing it in full - entails a fine for individuals - in the amount of ten to individual entrepreneurs and legal entities of small or medium-sized business - in the amount of twenty, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      2. The act, provided in the first paragraph, if repeated within one year after the imposition of administrative penalties - entails a fine for individuals in the amount of twenty, for legal entities of small and medium-sized businesses - in the amount of forty, for legal entities of large enterprises - one hundred monthly calculation indices.

Chapter 17. Administrative offences in the field of industry, consumption of heat, electric and nuclear power

      Footnote. Title of Chapter 17 as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 220. Violation of the rules for handling explosive materials, radioactive and other environmentally hazardous substances

      1. Violation of the rules for production, storage, disposal, destruction, use, utilization, transportation or other handling of explosives, pyrotechnics, radioactive, biological, chemical and other environmentally hazardous materials and wastes in industries and facilities, controlled by the supervisors, except the cases provided by Article 317-1 of this Code, in the absence of a crime -

      entails a fine for individuals of up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from seventy to one hundred monthly calculation indices.

      2. Violation of the established rules for production, storage, disposal, use, utilization, transportation or other handling of nuclear materials, radioactive materials, special non-nuclear materials and dual-use items, related to nuclear activities, except the cases provided by Article 317-1 of this Code - entails a fine for individuals in the amount from ten to twenty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to one hundred, on legal entities of large enterprises - in the amount of one hundred to two hundred monthly calculation indices.

      Footnote. Article 220 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 221. Violation of the rules on safe operation

      Violation of the rules on safe operation in the sectors of industry, mining and construction work or in facilities, controlled by the authorized body in the field of emergency and other state supervisory agencies, if it is not caused carelessly the infliction of serious or moderate harm to human health - entails a fine for individuals of up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from sixty to one hundred monthly calculation indices.

      Footnote. Article 221 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 222. Violation of the set works and rules for nuclear, radiation and technical safety

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

      1. Violation of the set norms and rules for nuclear, radiation and technical safety in the handling of nuclear materials, radioactive substances, ionizing radiation sources, non-compliance with the placement of nuclear energy use facilities, the acceptance of a nuclear energy use facility, without the introduction into operation of all the facilities provided in the draft of this object; violation of the requirements of supply, installation, testing, putting into operation and putting out of service of equipment and nuclear energy use facilities, if such acts did not result in death or contaminate the environment - entails a fine for individuals in the amount of five ten, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount from ten to fifty, for legal entities of a large enterprise - in the amount of fifty to one hundred monthly calculation indices with deprivation of license, a special permit for a certain of activity in the field of nuclear energy.

      2. Carrying out the work at nuclear energy use facilities, and handling of nuclear materials, radioactive substances and ionizing radiation sources without special permits, licenses, if these actions do not contain elements of crime - entails a fine for individuals of up to twenty, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount from thirty to one hundred, on legal entities of a large enterprise - in the amount of three to four hundred monthly calculation indices with deprivation of the license, a special permit for a certain of activity in the field of nuclear energy.

      Footnote. Article 222 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 15.07.2011 No. 461-IV (shall be enforced within thirty calendar days after its first official publication).

Article 223. Violation of the approved rules for technical operation of power plants and networks, safety on operation of thermal and mechanical equipment of power plants and heating systems, technical operation of electric installation of consumers and also a violation of the power consumption regime

      Violation of the approved rules for technical operation of power plants and networks, safety on operation of thermal and mechanical equipment of power plants and heating systems, technical operation of electric installation of consumers, which led to the state of threatening the accident, pollution, fire or dangerous to human beings, as well as a violation of established energy consumption regime, resulting limitations, and (or) cutting-off other consumers of energy - entails a fine for individuals in the amount of fifteen, to officials - in the amount of twenty-five, to individual entrepreneurs in the amount of seventy-five, and on legal entities of small and medium enterprises - in the amount of one hundred, on legal entities of large businesses - in the amount of two hundred monthly calculation indices.

      Footnote. Article 223 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 223-1. Violation of time to obtain a passport of readiness

      1. Violation by the energy-producing, power transmission organization of the term to obtain a passport of readiness for work in autumn-winter conditions - entails a fine for individual entrepreneurs of fifty, for legal entities of small and medium enterprises - in the amount of one hundred and fifty, for legal entities of large enterprises - in the amount of three hundred monthly calculation indices.

      2. The act, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for individual entrepreneurs of one hundred, for legal entities of small and medium enterprises - in the amount of two hundred, for legal entities of large enterprises - in the amount of five hundred monthly calculation indices.

      Footnote. Chapter 17 is supplemented by Article 223-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 224. Damage to electrical networks

      1. Damage to the electrical networks of up to 1,000 volts (overhead power lines, underground and underwater cable lines, transformer and converter substations, switchgear and switching points) - entails a fine for individuals of eight, for officials - in the amount of fifteen, for entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty-five, for legal entities of large enterprises - in the amount of fifty monthly calculation indices.

      2. Damage to the electric networks of over 1000 volts (overhead power lines, underground and underwater cable lines, transformer and converter substations, switchgear and switching points) - entails a fine for individuals in the amount of fifteen, for officials - in the amount of twenty-five, for entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty, for legal entities of large enterprises - in the amount of seventy-five monthly calculation indices.

      3. Action, provided by first part of this Article, which caused a break in providing the consumers with electric power and cause damage, as well as committed repeatedly during the year - entails a fine for individuals in the amount of fifteen, for officials - in the amount of thirty, for entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of seventy-five, for legal entities of large enterprises - in the amount of one hundred and fifty monthly calculation indices.

      4. Action, provided by second part of this Article, which caused a break in providing the consumers with electric power and cause damage, as well as committed repeatedly during the year - entails a fine for individuals of thirty, for officials - in the amount of forty, to entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of large enterprises - in the amount of two hundred and fifty monthly calculation indices.

      Footnote. Article 224 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 224-1. Violation of the legislation of the Republic of Kazakhstan in support for harnessing of renewable resources

      1. Failure to perform, and (or) improper performance, established by legislation of the Republic of Kazakhstan in the field of support for harnessing of renewable resources, of the obligations to buy electricity, producing by the respective qualified energy organizations - entails a fine for legal entities of small and medium enterprises - in the amount of two hundred, for legal entities of a large enterprise - in the amount of one thousand five hundred monthly calculation indices.

      2. Violation of the legislation of the Republic of Kazakhstan in the field of support for harnessing of renewable resources, committed in the form of violation of the order and terms of definition of the closest point of connection to the electrical and thermal networks and connection facilities for harnessing of renewable resources - entails a fine for legal entities of small and medium enterprises - in the amount of two hundred, for legal entities of a large enterprise - in the amount of one thousand five hundred monthly calculation indices.

      3. Actions, provided by first and second parts of this Article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine for legal entities of small and medium enterprises - in the amount of three hundred and fifty, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      Footnote. The Code is supplemented by Article 224-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2009 No. 166-IV.

Article 225. Damage to the heating system

      Damage to heating systems (pipelines and their structures, channels, heat chambers, pumping stations), if the act did not result in a real threat of harm to human health and the environment - entails a fine for individuals ranging from two to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from ten to twenty, and for legal entities of large enterprises - in the amount from fifty to one hundred monthly calculation indices.

      Footnote. Article 225 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 225-1. Performance of work in the protected areas of electrical and heating system lines and facilities of gas supply systems

      Production of construction, installation, excavation, loading and unloading operations, prospecting works, associated with the installation of wells and boreholes, sites buildup, parking of lots of road transport, markets location, storage of materials, fencing and fence, spilling and discharge of acid corrosive substances and fuel materials in the protected areas of electric and heating systems, objects of gas supply systems, without the consent of the organization under the supervision of which are the electrical and heating systems or objects of gas supply systems -entails a fine for individuals ranging from two to ten, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount from ten to twenty, and for legal entities of a large enterprise - in the amount of fifty to one hundred monthly calculation indices.

      Footnote. Article 225-1 is in the wording of the Law of the Republic of Kazakhstan dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 226. Violation of the requirements for using of gas, safe operation of gas supply system

      1. Violation of the requirements for the safe operation of gas consuming systems and gas device system of household and household consumers, established by the legislation of the Republic of Kazakhstan on gas and gas supply - entails a fine for individuals in the amount from five to seven, for entrepreneurs, legal entities - in the amount from fifteen to twenty monthly calculation indices.

      2. The actions specified in part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount from seven to ten, for entrepreneurs, legal entities - in the amount from twenty to thirty monthly calculation indices.

      3. Unauthorized restoring the supply of commercial or liquefied petroleum gas in the gas consuming system - entails a fine for individuals of ten, the entrepreneurs, legal entities of small and medium-sized businesses - in the amount of thirty, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices.

      4. Violation of the requirements for the safe operation of gas supply systems, with the exception of gas consuming systems and gas device system of household and household consumers, established by the legislation of the Republic of Kazakhstan on gas and gas supply - entails a fine for entrepreneurs, legal entities of small and medium-sized enterprises, in the amount of fifty, for legal entities of large enterprises - in the amount of two hundred monthly calculation indices.

      5. The actions, specified in part four of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for entrepreneurs, legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of four hundred monthly calculation indices.

      Footnote. Article 226 is in the wording of the Law of the Republic of Kazakhstan dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 227. Operation of gas-consumed installations, excluded the cost of gas

      Footnote. Article 227 is excluded by the Law of the Republic of Kazakhstan dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 228. Failure to take actions to ensure the readiness of the reserve fuel faculty

      Failure to take action to ensure the preparedness for the work, provided for industrial and (or) household consumers of reserve fuel facility or unpreparedness of gas consuming systems of industrial and (or) household consumers for work on the established reserve fuels - entails a warning or a fine for officials in the amount from ten to twenty monthly calculation indices.

      Footnote. Article 228 as amended by the Law of the Republic of Kazakhstan dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 229. Damage to the oil and gas pipelines and their equipment

      1. Damage to the oil and gas pipelines and their equipment, or illegal installation, relocation, network connection of devices, and other violations of the rules of their operation, which could be the cause of the accident, do not contain signs of a criminal offence - entails a fine for individuals in the amount of ten to fifteen, for officials - in the amount of twenty to thirty monthly calculation indices.

      2. Acts, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for individuals in the amount from fifteen to twenty-five, for officials - in the amount of thirty to fifty monthly calculation indices.

      Footnote. Article 229 is in the wording of the Law of the Republic of Kazakhstan dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 230. Damage to the areas in the production of construction and repair work

      Excavation without permission of courtyards, streets and squares, blocking them by building materials, the failure to take measures to put in order the digging sites, and the construction site after construction and repair - entails a fine or penalty for individuals in the amount up to ten, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount up to twenty-five, and for legal entities of a large enterprise - in the amount of fifty to one hundred monthly calculation indices.

      Footnote. Article 230 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Chapter 17-1. Administrative offences in the field of space activities

      Footnote. The Code is supplemented by Chapter 17-1 in accordance with the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication).

Article 230-1. Violations of the legislation of the Republic of Kazakhstan in the field of space activities

      1. Violation of the legislation of the Republic of Kazakhstan in the field of space activities, committed as follows:

      1) realization of the project in the field of space activities, for which not a positive conclusion of the industry expertise in the field of space activities;

      2) the launch of a space object from the territory of the Republic of Kazakhstan, as well as outside in the event of implementation by national exhibitors of space activities without a positive decision of the Government of the Republic of Kazakhstan on the launch of a space object;

      3) avoidance of state registration of a space object - entails a fine for individuals in the amount from thirty to fifty, for legal entities and individual entrepreneurs - in the amount of fifty to one hundred, for legal entities of small and medium-sized business - in the amount of one hundred to three hundred, for legal entities of a large enterprise - in the amount of three hundred to five hundred monthly calculation indices with the suspension of the license to carry out activities in the field of space application for six months or without it.

      2. Action (inaction), specified by first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a withdrawal of the license.

Article 230-2. Violation of the rules for safety in space activities

      1. Violation of the rules of safety in space activities, if the action does not contain elements of a criminal offence, - entails a fine for individuals in the amount from ten to thirty, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from thirty to fifty, for legal entities of a large enterprise - in the amount of fifty to one hundred monthly indication indices with the suspension of the license to carry out activities in the field of space application for six months or without it.

      2. Failure to remedy violations, resulted in administrative liability under the first part of this Article, after a period of suspension of the license to carry out activities in the field of space application - entails a withdrawal of the license.

Chapter 18. Administrative offences in the field of architectural and construction activity

Article 231. Performing pre-drafting, prospecting, design, construction and installation works, the production and use of building materials, components and structure in violation of the legal requirements and government standards in the field of architecture and construction activities

      1. Performing pre-drafting, prospecting, design, construction and installation works, production and use of building materials, components and structures in violation of the legal requirements in the field of architecture and construction activities - entails a fine for officials, entrepreneurs in the amount from twenty to forty, and for legal entities of small and medium-sized business - in the amount of one hundred to three hundred, for legal entities of a large enterprise - in the amount of three hundred to five hundred monthly calculation indices.

      2. The actions, specified by first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for officials, entrepreneurs in the amount from fifty to seventy, for legal entities of small and medium-sized business - in the amount of three hundred to four hundred, and for legal entities of a large enterprise - in the amount of seven hundred to nine hundred monthly calculation indices with deprivation of the license for a specific activity, or without it.

      Footnote. Article 231 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 232. Violation of the requirements of the approved construction standards and design documents in the production of construction and repair work

      1. Violation of the requirements of the approved construction standards and design documents in the production of construction and repair work, resulted in deterioration of serviceability, strength reduction, building sustainability, of the buildings, their parts or individual components - entails a fine for the officials, entrepreneurs in the amount from fifteen to twenty, and for legal entities of small and medium-sized business - in the amount of one hundred to three hundred, for legal entities of a large enterprise - in the amount of three hundred to five hundred monthly calculation indices with the suspension of a license or without it.

      2. Commission of acts, specified in the first part of this Article, which led to a loss of strength, building sustainability, of the buildings, their parts or individual components - entails a fine for the officials, entrepreneurs in the amount from twenty to twenty-five, for legal entities of small and medium-sized business - in the amount of three hundred to four hundred, and for legal entities of a large enterprise - in the amount of five hundred to eight hundred monthly calculation indices with deprivation of the license for a specific activity, or without it.

      Footnote. Article 232 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 233. Production of building, construction and installation, repair and restoration work in the construction and reconstruction of facilities without duly approved project documentation

      1. Production of building, construction and installation, repair and restoration works in the construction and reconstruction of facilities without duly approved project documentation - entails a fine for the officials, entrepreneurs in the amount from five to ten, and for legal entities of small and medium-sized business - in the amount of one hundred to three hundred, for legal entities of a large enterprise - in the amount of three hundred to five hundred monthly calculation indices with the suspension of the work performed.

      2. Action, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for the officials, entrepreneurs in the amount from fifteen to twenty, and for legal entities of small and medium-sized enterprise, in the amount of three hundred to four hundred, and for legal entities of a large enterprise - in the amount of five hundred to six hundred monthly calculation indices with the deprivation of a license or without it and suspension of the work performed.

      Footnote. Article 233 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 234. Violation of the rules for registration of the executive technical documentation, provided by regulations in the production of construction and installation, repair and restoration works on the construction and reconstruction of facilities, manufacturing of building materials, products and structures

      Violation of the rules for registration of the executive technical documentation, provided by regulations in the production of construction and installation, repair and restoration works on the construction and reconstruction of facilities, manufacturing of building materials, products and structures - entails a warning or a fine for the officials, entrepreneurs in the amount from five to seven, and for legal entities of small and medium enterprise - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from fifty to one hundred monthly calculation indices.

      Footnote. Article 234 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 234-1. Violation of safety rules during the construction, operation or repair of main pipelines

      Violation of safety rules during the construction, operation or repair of main pipelines, if committed by carelessness, causing moderate bodily harm to human health - entails a fine of three hundred to five hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Footnote. The Code is supplemented by Article 234-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 235. Construction (reconstruction, restoration, expansion, technical re-equipping, modernization and capital repair) of facilities and their complexes without the project (design estimate) documentation or on the project (design estimate) documentation, which does not held in due course examination

      1. Construction (reconstruction, restoration, expansion, technical re-equipping, modernization, capital repair) of facilities and their complexes without the project (design and estimate) documentation or on the project (design and estimate) documentation, which does not held in due course examination, for which necessary its construction - entails a fine for individuals in the amount of sixty, and for legal entities and individual entrepreneurs - in the amount of eighty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and ninety, for legal entities of large enterprises - in the amount from two hundred and eighty monthly calculation indices.

      2. Action, provided by first part of this Article, if repeated within a year after the imposition of an administrative penalty, as well as failure to remedy violations under part one of this article, which caused to administrative responsibilities -

      entails a fine for individuals in the amount of one hundred, and for legal entities and individual entrepreneurs - in the amount of one hundred and fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of three hundred, for legal entities of large enterprise - the amount of five hundred monthly calculation indices, with the suspension of the work.

      Footnote. Article 235 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 235-1. Violation of the legislation of the Republic of Kazakhstan in the implementation of expert work and engineering services

      1. Unconformity of executed (execute) construction and installation works to the approved design solutions - entails a fine for individuals in the amount of one hundred monthly calculation indices.

      2. Issuance of a positive expert conclusion (expert judgment) on the project (design and estimate) documentation, which does not provide the stability, reliability and durability of constructed or built objects - entails a fine for individuals in the amount of one hundred monthly calculation indices.

      3. Assumption of violations in the implementation phase of the project, including the quality, timing, acceptance of executed works and commissioning - entails a fine for individuals in the amount of one hundred monthly calculation indices.

      4. Actions (inaction), stipulated by the first, second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of two hundred monthly calculation indices with the deprivation of the expert’s certificate to carry out expert works and engineering services.

      Footnote. Chapter 17-1 is supplemented by Article 235-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 236. Violation of the rules for putting into operation the facilities and complexes

      Violation of the rules for putting into operation the facilities and complexes in violation of government regulations in the field of architectural and urban planning - entails a fine for officials - members of the State Acceptance Commission, for entrepreneurs in the amount from ten to fifteen, for legal entities of small or medium-sized business or non-profit organizations - in the amount from fifty to one hundred, for legal entities of large business - in the amount from two hundred to three hundred monthly calculation indices.

      Footnote. Article 236 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 237. Illegal construction

      Illegal construction of industrial, residential, commercial, hydraulic (water) or household facilities without the corresponding right to the ground - entails a fine for individuals in the amount of ten to fifteen, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from ten to fifty, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices with forced demolition of illegally constructed or erected buildings or without it.

      Footnote. Article 237 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 237-1. Violation of the requirements of the legislative act of the Republic of Kazakhstan on share participation in housing construction

      1. Violation by the builder, the project company the requirements of the legislative acts of the Republic of Kazakhstan on the share participation in housing construction to the content of information on the builder, the project company and the construction object, and the order of its distribution or dissemination by the builder, the project company the inaccurate, incomplete, or misleading information - entails a fine for legal entities in the amount of two hundred to three hundred monthly calculation indices.

      2. Failure to provide by the builder, the project company to the local executive body of the area (city of republican status, capital) with the information and accounts provided by the Laws of the Republic of Kazakhstan, or submission of false information and reporting - entails a fine for legal entities in the amount of two hundred to three hundred monthly calculation indices.

      3. Actions (inaction) provided by first and second parts of this Article, committed by the builder repeatedly during year after the imposition of an administrative penalty - entails a fine for legal entities in the amount of three hundred fifty to four hundred monthly calculation indices.

      4. Actions (inaction), provided by first and second parts of this Article, committed by the project company repeatedly within a year after the imposition of an administrative penalty, as well as failure to remedy violations provided by first and second parts of this Article that led to administrative responsibility - entails suspension of the license for the organization of the construction of residential buildings by raising money of shareholders for up to three months.

      Footnote. Article 237-1 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2009 No. 183 (the order of enforcement see Art. 2).

Article 237-2. Implementation of construction without technical and designer supervision

      Implementation of construction without technical and designer supervision - entails a fine for individuals in the amount of twenty, for officials, entrepreneurs - in the amount of eighty, for legal entities of small or medium-sized business or non-profit organizations - one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred and fifty monthly calculation indices.

      Footnote. Chapter 17.1 is supplemented by Article 237-2 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 238. Illegal reconstruction and alterations to residence

      1. Illegal reconstruction and alterations to residential and non-residential premises in a residence building without architectural and construction design and permission of the authorized body for architecture and urban planning - entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from fifty to one hundred monthly calculation indices.

      2. The same actions that caused or could cause a complete loss of strength and sustainability (destruction) of the building - entails a fine for individuals in the amount from twenty to twenty-five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from fifty to one hundred, for legal entities of a large enterprise, - in the amount of one hundred to two hundred monthly calculation indices.

      Notes.

      1. Under an administrative offence in the field of construction means the non-conformity of the essential requirements, building regulations, with the exception of technical regulations, projects, other regulations for the town-planning development areas, design, construction, reconstruction, restoration, modernization, overhaul and improvement of facilities and complexes, entailing degradation and loss of strength, stability and reliability of buildings, structures, their parts or individual components, deterioration of functional performance of the work, the negative impact on the environment, as well as actions that violate the established organizational and legal procedure for the construction of facilities and their acceptance into service.

      2. Under strength means the ability of the material, design, making, node points of their conjugation, soil of buildings and constructions to perceive without being destroyed the calculation value of loads and effects.

      3. The stability is the ability of buildings, constructions to save the state of stable equilibrium under the action of the calculation value of loads and effects.

      4. The reliability is the ability of buildings, constructions, its engineering systems, supporting and enclosing structures to perform the functions, defined by values ??of normalized parameters.

      5. Under the project work means the work on the preliminary design (investment in construction, feasibility studies) and project documentation (design, detail design and other projects) for construction, expansion, reconstruction, technical re-equipping, overhaul and others of buildings and structures.

      Footnote. Article 238 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 239. Operation of facilities and complexes, which are not placed into operation in the prescribed manner

      Operation (accommodation, services, production for profit) of completed by construction, but not entered in the prescribed manner into operation the facilities, complexes or their parts - entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from ten to fifty, for legal entities of large enterprise - from fifty to one hundred monthly calculation indices.

      Footnote. Article 239 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Chapter 19. Administrative offences in the field of environmental protection, use of natural resources

Article 240. Violation of the sanitary-epidemiological and ecological requirements for environmental protection

      1. Violation of the norms of sanitary-epidemiological and environmental requirements, and health standards for environmental protection, except the cases provided by Article 317-1 of this Code - entails a warning or fine for individuals of up to ten, and for legal entities and individual entrepreneurs - of up to twenty monthly calculation indices, for legal entities - in the amount of harm caused to the environment.

      2. Giving for officials instructions or permission for exceeding or understatement of enforceable standard of sanitary-epidemiological and environmental requirements for the protection of the environment - entails a fine of up to twenty-five monthly calculation indices.

      Footnote. Article 240 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 240-1. Violation of the requirements of industrial environmental control

      Violation of the requirements of industrial environmental control - entails a fine for individuals in the amount of twenty-five, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount of one hundred, for legal entities of large enterprise - in the amount of two hundred monthly calculation indices.

      Footnote. Law is supplemented by Article 240-1 in accordance with the Law of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 240-2. Failure to comply with the conditions of nature management, specified in the environmental permit

      1. Failure to comply with the conditions of nature management, specified in the environmental permit - entails a fine for officials, entrepreneurs in the amount from twenty to thirty, for legal entities of small and medium-sized business - in the amount from thirty to fifty, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, and (or) associated with the application of very heavy damage to the environment, endangering the life and health of the population - entails a fine for officials, entrepreneurs in the amount from forty to fifty, for legal entities of small and medium-sized business - in the amount from fifty to one hundred, for legal entities of a large enterprise - in the amount of two hundred to five hundred monthly calculation indices with the suspension of an environmental permit or without it.

      3. Failure to remove violations by individual

      and legal entity s at a stated time, for which the effect of environmental permit is suspended, entails a deprivation of an environmental permit.

      Note. If the environmental permit issued for nature user for several industrial facilities, the effect of the environmental permit is suspended on the object, for which the nature user allows non-fulfillment of conditions of nature.

      Footnote. The Code is supplemented by Article 240-2 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 241. Avoidance of measures to eliminate effects of environmental pollution

      Avoidance of conducting or improper conducting of decontamination or other remedial actions in the contaminated areas, by persons who are responsible for conducting such activities, if these actions did not result in serious consequences to humans or the environment - entails a fine for individuals in the amount of twenty-five, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount of one hundred, for legal entities of large enterprise - in the amount of two hundred monthly calculation indices.

      Footnote. Article 241 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 242. Failure to report on industrial excessive discharges and pollution emissions, waste disposal

      Failure to report or report corrupted information to the bodies, exercising state control and supervision over the protection of the environment and implementation of environmental and sanitary-epidemiological legislation on industrial discharges and excessive pollutant emissions, waste disposal, and other harmful effects of emergency on the environment - entails a fine for officials in the amount of twenty-five monthly calculation indices.

      Footnote. Article 242 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 243. Exceeding the normative standard of emissions into the environment, specified in the environmental permit, or the lack of an environmental permit

      Exceeding the normative standard of emissions into the environment, specified in the environmental permit, or the lack of an environmental permit, if these actions have no signs of a criminal offence - entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount from twenty to fifty monthly calculation indices, for legal entities of large enterprise - in the amount of one thousand per cent rate for the emission in the environment for the exceeded amount of emissions.

      Footnote. Article 243 is in the wording of the Law of the Republic of Kazakhstan dated January 9, 2007 No. 213 (the order of enforcement see Art. 2).
      Note of the RCLI!
      The Code is supplemented by Article 243-1 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced from 01.01.2013).

Article 243-2. Submission of incorrect data on the inventory of greenhouse gases, verification and validation (determination) by the independent accredited organizations

      Submission of incorrect data on the inventory of greenhouse gases, verification and validation (determination) by the independent accredited organizations - entails a fine for officials in the amount of fifty to one hundred monthly calculation indices, for legal entities of small and medium-sized business - in the amount of two hundred to three hundred monthly calculation indices with the suspension of the certificate of accreditation, for legal entities of a large enterprise - in the amount of four hundred to five hundred monthly calculation indices with the suspension of the certificate of accreditation.

      Footnote. The Code is supplemented by Article 243-2 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 244. Inappropriate use and non-use of equipment for cleaning of air emissions and wastewater discharges

      Inappropriate use and non-use of equipment for cleaning of air emissions and wastewater discharges - entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to seventy, for legal entities of large enterprise - in the amount from two hundred to two hundred and fifty monthly calculation indices.

      Footnote. Article 244 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 03.12.2011 No. 505 -IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 245. Failure to comply with the requirements of legislation on mandatory implementation of the state environmental review

      Failure to comply with the requirements of law on mandatory state environmental review and the requirements, contained in the ecological expert conclusion, as well as funding the projects and programs, that have not passed state environmental review - entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from three hundred and fifty to five hundred monthly calculation indices.

      Footnote. Article 245 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 246. Release for operation of the transport and other mobile means in excess of standards of pollutants in emissions

      1. Release for operation of cars, planes, ships and other mobile means and systems, for which content of pollutants in emission and the level of noise, produced by them in their work, exceed the established norms - entails a fine for the officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations in the amount from twenty to forty, for legal entities of a large enterprise - in the amount from fifty to one hundred monthly calculation indices.

      2. Action, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for the officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations, in the amount from sixty to eighty, for legal entities of a large enterprise - in the amount from two hundred and fifty to five hundred monthly calculation indices with the suspension and prohibition of activities or without it.

      Footnote. Article 246 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 247. Operation of motor and other mobile means in excess of standard of the content of polluting substances in emissions

      1. Operation by individuals of motor and other mobile means and systems, IN which the content of pollutants in emissions and the level of noise, produced by them in their work, exceed the established norms - entails a warning or a fine for individuals in the amount of two monthly calculation indices.

      2. The actions, specified by first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of five monthly calculation indices.

      Footnote. Article 247 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 248. Violation of the legislation on the air protection

      1. Acceptance of new and reconstructed enterprises, buildings and other facilities that do not meet the requirements for the protection of ambient air - entails a fine for officials in the amount from ten to thirty monthly calculation indices.

      2. Exploitation of new and reconstructed enterprises, buildings and other facilities that do not meet the requirements for the protection of ambient air - entails a fine for the officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations, in the amount of fifty to sixty, and for legal entities of a large enterprise - in the amount from seventy to one hundred monthly calculation indices.

      Footnote. Article 248 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 03.12.2011 No. 505 -IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 249. Failure to meet the requirements for the protection of ambient air and fire safety during storage and incineration of industrial and domestic waste

      Violation of rules of storage of industrial and domestic waste, noncompliance with the requirements on the protection of ambient air and fire safety in the incineration of waste - entails a warning or a fine for individuals of up to three, and for legal entities and individual entrepreneurs - in the amount from thirty to forty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to seventy, for legal entities of a large enterprise - in the amount of one hundred to one hundred and twenty monthly calculation indices.

      Footnote. Article 249 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 250. Damage to land

      1. Destruction or unlawful removal of topsoil for sale or transfer it to others, except when such removal is necessary to prevent irretrievable loss of topsoil - entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from thirty to fifty monthly calculation indices, for legal entities of a large enterprise - in the amount of damage done to the environment.

      2. Poisoning, pollution or other damage the land by harmful products of economic or other activities due to mismanagement of pesticides, fertilizers, plant growth stimulants and other dangerous chemical, biological and radioactive substances during their storage, handling or transportation, as well as bacterial and parasitic infections, or characteristic pests, but not caused harm to human health or the environment - entails a fine for individuals in the amount from ten to fifteen, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty-five to forty, for legal entities of a large enterprise, - in the amount from one hundred and fifty to two hundred monthly calculation indices.

      Footnote. Article 250 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 251. Irrational use or non-use of agricultural land

      Irrational use or non-use of agricultural land - entails a warning or penalty for individuals in the amount up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount up to seventy, for legal entities of a large enterprise - in the amount from one hundred to two hundred monthly calculation indices.

      Footnote. Article 251 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 252. Failure to comply with the requirements of environmental protection regime of land use

      1. Failure to comply with the requirements of environmental protection regime of land use - entails a warning or penalty for individuals in the amount up to five, for officials - in the amount up to ten monthly calculation indices.

      2. Action (inaction), specified in first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for individuals in the amount from five to ten, for officials - in the amount from ten to twenty monthly calculation indices.

      Footnote. Article 252 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 253. Non-designated use of land

      Non-designated use of land - entails a warning or penalty for individuals of up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from ten to thirty, for legal entities of large enterprises - in the amount from fifty to one hundred and twenty monthly calculation indices.

      Footnote. Article 253 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 254. Failure to perform duties for arrangement of temporary occupied land in a condition suitable for further use for its intended purpose

      Failure to perform duties for arrangement of temporary occupied land in a condition suitable for further use for its intended purpose - entails a warning or fine for individuals of up to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from ten to twenty, and for legal entities of a large enterprise - in the amount from fifty to one hundred and ten monthly calculation indices.

      Footnote. Article 254 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 255. Conducting the survey work without permission to use the land plot

      Conducting the survey work without permission to use the land plot - entails a fine for individuals in the amount from five to ten, and for legal entities and individual entrepreneurs - in the amount from ten to twenty-five, for legal entities of small or medium-sized business or non-profit organizations - in the amount from fifty to seventy, for legal entities of a large enterprise - in the amount from one hundred to one hundred and fifty monthly calculation indices.

      Footnote. Article 255 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 256. Violation of the terms for consideration of applications for providing by land plots

      Violation of the terms for consideration of applications (applications) of individuals and legal entities for provision of land plots to them or re-registration of documents for property titles or land use - entails a fine for officials in the amount of thirty monthly calculation indices.

      Footnote. Article 256 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 257. Concealment of information on the availability of land plot for house construction and special land fund

      Concealment of information on the availability of land plot for home construction activity, special land fund, its distortion, unreasonable refusal on the assignment of land plot - entails a fine for officials of local executive bodies in the amount up to ten monthly calculation indices.

      Footnote. Article 257 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 258. Misrepresentation of the state registration, accounting and valuation of land

      Deliberate misrepresentation of the state registration, accounting and valuation of land - entails a fine for officials in the amount of twenty monthly calculation indices.

      Footnote. Article 258 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 N 123 (shall be enforced from January 1, 2006).

Article 258-1. Violation of the legislation of the Republic of Kazakhstan in the field of geodesy and cartography

      1. Implementation of geodesic and cartographic work in the absence of:

      Own or leased set of devices, equipment and tools to carry out geodesic and (or) the cartographic work, or contract for services with the organization, which has the set of devices, equipment and tools, indicating the serial number; the staff of specialists with higher or post-secondary education in the field of geodesy and (or) cartography - entails a fine for individuals in the amount of twenty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred, for legal entities of a large enterprise - in the amount of two hundred monthly calculation indices.

      2. Action, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for individuals of forty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of large enterprises - in the amount of three hundred monthly calculation indices.

      Footnote. Chapter 17.1 is supplemented by Article 258-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 259. Conducting geological exploration of mineral resources without a contract

      Conducting geological exploration of mineral resources without a contract - entails a fine for the officials, entrepreneurs, legal entities of small and medium-sized enterprise - in the amount of thirty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      Footnote. Article 259 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 260. Violation of the right for geological exploration of mineral resources

      Unjustified refusal to accept documents for participation in the competition for the right of geological exploration of mineral resources - entails a fine for officials in the amount of up to twenty monthly calculation indices.

Article 261. Violation of the requirements for waste management of production and consumption, as well as the discharge of wastewater

      Violation of the requirements for waste management of production and consumption, as well as the discharge of waste water - entails a warning or penalty for individuals in the amount of ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty monthly calculation indices, for legal entities of a large enterprise - in the amount of harm caused to the environment.

      Footnote. Article 261 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated January 9, 2007 No. 213 (the order of enforcement see Art. 2).

Article 262. Violation of the rules in the development of projects of organizations in mining and mineral processing

      Violation of the rules in the development of projects of organizations in mining and mineral processing - entails a warning or a fine for the officials, entrepreneurs in the amount from ten to twenty-five, for legal entities of small and medium enterprise - in the amount from forty to seventy, for legal entities of a large enterprise - in the amount from one hundred to one hundred and fifty monthly calculation indices.

      Footnote. Article 262 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 263. Failure to comply with the rules for protection of mineral resources in construction and commissioning of organizations in mining and mineral processing

      Failure to comply with the rules for protection of mineral resources in construction and commissioning of organizations in mining and mineral processing - entails a fine for the officials, entrepreneurs, legal entities of small and medium-sized enterprise, in the amount of fifty, for legal entities of large enterprises - in the amount of one hundred and fifty monthly calculation indices.

      Footnote. Article 263 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 264. Failure to comply with the design decisions for the mining and mineral processing

      Failure to comply with the design decisions for the mining and mineral processing in the completeness of extraction and comprehensive utilization of mineral resources and components, separate storage and preservation of industrial waste entails a fine for the officials, entrepreneurs, legal entities of small and medium-sized enterprise - in the amount of fifty, for legal entities of a large enterprise - in the amount of two hundred monthly calculation indices.

      Footnote. Article 264 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 265. Violation of the environmental rules and regulations in the use of mineral resources and mineral processing

      Violation of environmental rules and regulations when using mineral resources and mineral processing, if the act did not cause significant harm - entails a warning or a fine for individuals in the amount of fifteen, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount of fifty monthly calculation indices, for legal entities of a large enterprise - in the amount of harm caused to the environment.

      Footnote. Article 265 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 266. Violation of the rules for the rational and comprehensive utilization of mineral fossil

      Is excluded -by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 267. Violation of the regulations on the accounting of mineral resources and the availability of mineral resources

      Violation of the regulations on the accounting of mineral resources and the availability of mineral resources - entails a fine for officials in the amount from ten to twenty monthly calculation indices.

      Footnote. Article 267 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 268. The distortion of the primary and the state reporting on account of mining and mineral processing

      The distortion of the primary and the state reporting on account of mining and mineral processing - entails a fine for officials in the amount from ten to twenty monthly calculation indices.

      Footnote. Article 268 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 269. Violation of the rules of reliable determination the quantity and quality of mineral resources during their mining and processing

      Violation of the rules of reliable determination the quantity and quality of mineral resources during their mining and processing - entails a fine for officials in the amount of twenty-five monthly calculation indices.

Article 270. Violation of the rules for accounting, utilization and neutralization of industrial and consumption waste

      Violation of the rules of accounting, utilization and neutralization of industrial and consumption waste - entails a fine for officials, entrepreneurs in the amount from fifteen to twenty, for legal entities - in the amount of one hundred to two hundred monthly calculation indices.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 271. Violation of the rules for bringing the mountain workings and drill holes in the state, ensuring their and public safety

      Loss of surveying documents, violation of the rules for bringing conserved or liquidated mine workings and drill holes in the state, ensuring public safety, as well as the rules for saving of mine workings and drill holes at the time of conservation, entails a fine for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount from twenty to thirty, for legal entities of a large enterprise - in the amount of seventy to one hundred monthly calculation indices.

      Footnote. Article 271 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 272. Violation of the rules on liquidation and conservation of facilities of mineral resources use

      Violation of the rules on liquidation and conservation of facilities of mineral resource use - entails a fine for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred and fifty monthly calculation indices.

      Footnote. Article 272 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 273. Refusal or deviation from presentation to the bodies of state control over protection of mineral resources the information on usage of minerals

      Refusal or deviation from presentation to the bodies of state control over protection of mineral resources the timely, complete and reliable information on the state of usage of sob-soil, of mined and processed minerals - entails a fine for officials, entrepreneurs, legal entities of small and medium-sized enterprise - in the amount of ten, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      Footnote. Article 273 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 274. Giving by officials the instructions or permits that entail violation of the legislation on mineral resources and mineral processing

      Giving by officials the instructions or permits that entail violation of the legislation on mineral resources and mineral processing - entails a fine in the amount of twenty-five monthly calculation indices.

      Footnote. Article 274 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006)

Article 275. Violation of the rules for conducting operations on the subsoil use

      1. Violation of the rules of subsoil operations and the conditions of subsoil use contracts - entails a fine for officials, entrepreneurs in the amount from thirty to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount from eighty to one hundred, for legal entities of a large enterprise - in the amount from one hundred and twenty to one hundred and fifty monthly calculation indices.

      2. Failure to comply with the environmental requirements and conditions of the subsoil use contract for the protection of the environment - entails a fine for officials, entrepreneurs in the amount from thirty to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount from eighty to one hundred, for legal entities of a large enterprise - in the amount of hundred and twenty to one hundred and fifty monthly calculation indices.

      Footnote. Article 275 is in the wording of the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 275-1. Registration of the illegal transactions on environmental management

      Registration of the obviously illegal transactions on the environment management, misrepresentation of the state accounting and the state natural resource inventories, as well as deliberate underestimation of fees for the use of natural resources, pollution, protection and restoration of natural resources if such acts are committed lucratively or other personal interest by officials with the use of his (her) official position, - entails a fine in the amount from three hundred to five hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Footnote. The Code is supplemented by Article 275-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 276. Violation of the rules on protection of water resources

      1. Pollution and clogging, depletion of surface and subterranean waters, sources of drinking water supply, violation of water protection regime in the catchment of water, causing their pollution, water erosion of soil and other adverse effects, if these actions have not signs of a criminal offence, and the implementation of prohibited by water legislation of the Republic of Kazakhstan activities within the boundaries of water protection zones - entails a fine for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      2. Commissioning of companies, municipal and other objects without structures and devices to prevent pollution and contamination of water or their harmful effects - entails a fine for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      3. Failure to perform hydraulic, process, forest improvement, sanitary and other measures to ensure the protection of water from pollution, clogging and depletion, as well as the improvement of the water regime - entails a fine for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of seventy, for legal entities of a large enterprise - in the amount of one hundred and fifty monthly calculation indices.

      Footnote. Article 276 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 10.07.2009 No. 180-IV.

Article 277. Damage to water facilities, equipment and fire protection systems of water, violation of the rules of their operation

      1. Damage to water facilities, equipment and fire water systems of water - entails a fine for individuals in the amount of up to ten, for officials - in the amount of up to twenty-five monthly calculation indices.

      2. Violation of the rules of operation of water facilities and devices - entails a fine for officials in the amount of up to twenty monthly calculation indices.

      Footnote. Article 277 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006)

Article 278. Illegal construction, affecting on the state of water bodies

      1. Illegal construction of buildings and other facilities that affect the state of rivers and other water bodies - entails a warning or penalty for individuals of up to twenty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to seventy, for legal entities of a large enterprise - in the amount of one hundred and fifty to two hundred and fifty monthly calculation indices, forced demolitions of illegal buildings.

      2. Illegal water drilling and construction of underground water intakes - entails a warning or penalty for individuals in the amount of up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to seventy, for legal entities of a large enterprise - in the amount from one hundred to one hundred and fifty monthly calculation indices.

      Footnote. Article 278 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 279. Violation of the rules of the primary accounting of water and its use

      Violation of the rules of the primary accounting of water and its use - entails a fine for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from ten to fifty, for legal entities of a large enterprise - in the amount from seventy to one hundred monthly calculation indices.

      Footnote. Article 279 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 280. Distortion of the data of accounting and reporting of water resource

      Distortion of the data of accounting and reporting of the water inventory, water resources assessment, as well as their failure to provide within the time limit prescribed by the legislation of the Republic of Kazakhstan - entails a fine for officials, entrepreneurs, legal entities of small and medium-sized enterprises - in the amount of thirty, for legal entities of a large enterprise- one hundred monthly calculation indices.

      Footnote. Article 280 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 10.07.2009 No. 180-IV.

Article 281. Obstruction of the water resources regulation

      Obstruction of the water resources regulation for the benefit of their integrated use, ecology and water apportioning - entails a warning or penalty for individuals of up to ten, and for officials - in the amount of up to twenty monthly calculation indices.

      Footnote. Article 281 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 281-1. Violation of the rules of general water use

      1. Violation of the rules of general water use, perfected as: swimming, water drawing for drinking and domestic needs, livestock watering, riding on small size vessels and on other floating structures in the prohibited areas; limitation by individual and legal entity s of access to water bodies in general water use by establishing barriers, protective items, prohibition signs - entails a warning to individuals and legal entities.

      2. The actions, specified in part one of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount from one to two, and for legal entities and individual entrepreneurs - in the amount of ten to fifteen, for legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty to twenty-five, for legal entities of a large enterprise - in the amount from fifty to sixty monthly calculation indices.

      Footnote. The Code is supplemented by Article 281-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV.

Article 281-2. Violation of the water servitudes

      1. Violation of the water servitudes- entails a warning to individuals and legal entities.

      2. The actions, specified in part one of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount from one to two, and for legal entities and individual entrepreneurs - in the amount of ten to fifteen, for legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty to twenty-five, for legal entities of a large enterprise - in the amount from fifty to sixty monthly calculation indices.

      Footnote. The Code is supplemented by Article 281-2 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV.

Article 282. Illegal use of the plots of forest fund

      Illegal use of the plots of forest areas for grubbing, construction of buildings, milling, storage devices, and other purposes without permission - entails a warning or penalty for individuals of up to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of ten to fifteen, for legal entities of a large enterprise - in the amount from one hundred to one hundred and fifty monthly calculation indices.

      Footnote. Article 282 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 283. Illegal felling and damage to trees and shrubs

      1. Illegal felling and damage to trees and shrubs, as well as trees and shrubs, which are not included in the forest fund and banned felling, containing no signs of a criminal offence - entails a warning or fine for individuals in the amount from ten to fifteen, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from thirty to forty, for legal entities of a large business - in the amount of one hundred to one hundred and fifty monthly calculation indices with confiscation of illegally felled trees and shrubs, vehicles and other items of offending, which were the instruments of committing such violations.

      2. Destruction or damage of forest crops, seedlings or saplings in tree nurseries and plantations, as well as young stands of natural origin, young growth and self-seeding on areas intended for reforestation - entails a warning or fine for individuals in the amount from ten to fifteen, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from thirty to forty, for legal entities of a large business - in the amount of one hundred to one hundred and fifty monthly calculation indices.

      3. Actions, specified in parts one and two of this Article, committed in protected natural areas, and do not contain signs of a criminal offence - entails a fine for individuals in the amount from twenty to twenty-five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to seventy, for legal entities of a large enterprise, - in the amount from five hundred to one thousand five hundred monthly calculation indices with confiscation of illegally felled trees and shrubs, vehicles and other items of offending, which were the instruments of committing such violations.

      Footnote. Article 283 is in the wording of the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506; as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 284. Violation of the requirements of fire safety and sanitary forest regulations

      1. Violation of the requirements of fire safety and sanitary forest regulations -

      entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from one hundred to one hundred and fifty monthly calculation indices.

      2. The same acts that caused a fire, damage to human health and the environment,

      with no signs of a criminal offence - entails a fine for individuals in the amount from ten to twenty-five, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount from fifty to seventy, for legal entities of a large enterprise - in the amount from two hundred to two hundred and fifty monthly calculation indices.

      3. Actions, provided by parts one and two of this Article, committed in protected natural areas and do not contain signs of a criminal offence - entails a fine for individuals in the amount of one hundred, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of one thousand five hundred monthly calculation indices.

      Footnote. Article 284 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 285. Violation of the rules for use of forest cutting, harvesting and transporting of wood, extraction of resin and tree sap, secondary forest materials

      1. Violation of the rules of use of forest cutting, harvesting and transporting of wood, extraction of resin and tree sap, secondary forest materials - entails a fine for individuals - in the amount from five to ten, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from thirty to fifty, for legal entities of a large enterprise - in the amount from seventy to one hundred monthly calculation indices.

      2. The same act, committed in the protected natural areas - entails a warning or a fine for individuals - in the amount from ten to twenty, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from fifty to seventy, for legal entities of a large enterprise - in the amount from one hundred and fifty to two hundred and fifty monthly calculation indices.

      Footnote. Article 285 is in the wording of the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; as amended dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 286. Violation of the terms of return the temporarily occupied forest areas and specially protected natural areas

      1. Violation of the terms of return the temporarily occupied lands of the state forest fund or neglect of duty for putting them in a state, suitable for use for purpose -

      entails a warning or penalty for individuals of up to three, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty-five, for legal entities of a large enterprise - in the amount from fifty to one hundred monthly calculation indices.

      2. The same actions committed in the specially protected natural areas -

      entails a fine for individuals - in the amount from three to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from forty to fifty, for legal entities of a large enterprise- in the amount from two hundred to two hundred and fifty monthly calculation indices.

      Footnote. Article 286 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 287. Damage to hayfield and pasture, and illegal grazing and haying cattle, collection of medicinal plants and industrial crops on forest land

      1. Damage to hayfield and pasture on the forest land - entails a fine for individuals of up to two, for officials - in the amount up to twenty monthly calculation indices.

      2. Illegal haying and grazing of livestock in forests and forest lands - entails a fine for individuals in the amount of up to three, for officials - in the amount of up to ten monthly calculation indices.

      3. Illegal collection of medicinal plants and industrial crops in areas, where it is prohibited or allowed only with forest permits - entails a fine for individuals in the amount of up to three, for officials - in the amount of up to ten monthly calculation indices.

      4. Actions, provided in the first-third parts of this Article committed in the specially protected natural areas - entails a fine for individuals in the amount of up to twenty, for officials - in the amount of up to fifty monthly calculation indices.

      Footnote. Article 287 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 288. Violation of the order and terms of afforestation and other categories of forest lands, intended for forest restoration and reforestation

      Violation of the order and terms of afforestation and other categories of forest lands, intended for forest restoration and reforestation - entails a fine for officials in the amount of up to ten monthly calculation indices.

Article 289. Destruction of forest useful fauna and damage, infestation of forest by waste, chemicals and other impairment of the forest land

      1. Destruction of forest useful fauna - entails a fine for individuals of up to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of up to twenty, for legal entities of a large enterprise - in the amount from two hundred to two hundred fifty monthly calculation indices.

      2. Damage to forests by sewage, chemicals, industrial and domestic effluents, waste and garbage, entailing its drying or disease, or clogging of the forest -entails a fine for individuals in the amount of five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of seventy, for legal entities of a large enterprise - in the amount of four hundred monthly calculation indices.

      3. Destruction or damage of forest drainage ditches, drainage systems and roads on the forest land - entails a fine for individuals in the amount of up to five, for officials - in the amount of up to twenty monthly calculation indices.

      4. Actions, provided by first - three parts of this Article, committed in the specially protected natural areas - entails a fine for individuals in the amount from seven to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from eighty to one hundred, for legal entities of a large enterprise - in the amount from four hundred to five hundred monthly calculation indices.

      Footnote. Article 289 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 290. Implementation of forest uses out of accordance with the objectives or requirements, provided by consent documents

      1. Implementation of forest uses out of accordance with the objectives or requirements, provided by consent documents - entails a fine for individuals in the amount of three, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of ten, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      2. The same actions, committed in the specially protected natural areas - entails a fine for individuals in the amount of ten, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of thirty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      Footnote. Article 290 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 291. Construction and operation of facilities, leading to harmful effects on the condition and reproduction of forests

      1. Construction and operation of facilities, leading to harmful effects on the condition and reproduction of forests - entails a fine for individuals in the amount of five, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of fifteen, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      2. The same actions committed in the specially protected natural areas - entails a fine for individuals in the amount of twenty, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of four hundred monthly calculation indices.

      Footnote. Article 291 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 292. Violation of the rules of off-bearing and taxation of cutting areas

      Violation of the rules of off-bearing and taxation of cutting areas - entails a fine for officials in the amount of up to ten monthly calculation indices.

Article 293. Assumption of logging in size, exceeding the allowable cut

      Assumption of logging in excess of the allowable cut - entails a fine for officials in the amount of three hundred monthly calculation indices.

      Footnote. Article 293 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 294. Violation of the rules of transportation, storage and use of plant-protecting agents and other drugs

      1. Violation of the rules of transportation, storage and use of plant-protecting agents, growth stimulators, fertilizers and other chemicals that have caused or could cause pollution or damage to wildlife, except as provided in Article 317-1 of this Code - entails a warning or penalty for individuals of up to five, for officials, entrepreneurs - in the amount of ten to twenty, for legal entities of small or medium-sized business or non-profit organizations - in the amount from thirty to fifty, for legal entities of a large enterprise - in the amount of eighty to one hundred monthly calculation indices.

      2. The same actions committed in the specially protected natural areas - entails a fine for individuals in the amount from ten to fifteen, and for legal entities and individual entrepreneurs - in the amount from twenty-five to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount from seventy to one hundred, for legal entities of a large enterprise - in the amount from one hundred and fifty to two hundred monthly calculation indices.

      Footnote. Article 294 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 295. Violation of the rules for protection the habitats of plants and animal habitats, the rules of creation, storage, account and use the zoological collections, as well as illegal migration, acclimatization, re-acclimatization and crossbreeding of animals

      1. Violation of the rules of protection the habitats of plants and animal habitats, breeding conditions, migration routes and places for concentrations of animals, rules for creating, storing, keeping and use of zoological and botanical collections, as well as illegal migration, acclimatization, re-acclimatization and crossbreeding of animals - entails a warning or a fine for individuals of up to eight, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of up to twenty, for legal entities of a large enterprise - in the amount from twenty to sixty monthly calculation indices.

      2. The same actions committed in the specially protected natural areas - entails a warning or a fine for individuals in the amount from eight to fifteen, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from thirty to fifty, for legal entities of a large business - in the amount of sixty to one hundred monthly calculation indices.

      Footnote. Article 295 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 296. Violation of the rules for protection the plants and animals during the placement, design and construction of settlements, enterprises and other facilities, the implementation of manufacturing processes and vehicles operation, use of plant-protecting agents, fertilizers and other drugs

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Violation of the rules for protection of plants and animals at the placement, design and construction of settlements, enterprises and other facilities, the implementation of manufacturing processes and vehicles operation, use of plant-protecting agents, fertilizers and other drugs, with the exception of the cases provided in Article 317-1 of this Code - entails a warning or fine for individuals of up to eight, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from ten to twenty, and for legal entities of a large enterprise - in the amount from fifty to seventy monthly calculation indices.

      Footnote. Article 296 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 25.01.2012 No. 548 - IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 296-1. Violation of the order for stay of individuals in the certains of specially protected natural areas

      Stay of individuals without permission and outside the designated places to visit on the territories of the state natural reserves, national Natural Park, nature reserves, national parks - entails a warning or a fine in the amount of up to two monthly calculation indices.

      Footnote. Chapter is supplemented by Article 296-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 297. Damage or destruction of the objects of selective-genetic destination

      Damage or destruction of the objects of selective-genetic destination: plus trees, archival clones of plus trees, geographical cultures, test crops of populations and hybrids - entails a warning or fine for individuals in the amount of ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of seventy, for legal entities of a large enterprise - in the amount of three hundred monthly calculation indices.

      Footnote. Article 297 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 298. Illegal hunting and wildlife use

      1. Violation of hunting regulations, as well as rules for others of wildlife use, that does not contain signs of a criminal offence, and the violation of hunting regulations provided by the second and third parts of this Article - entails a warning or a fine for individuals in the amount of five, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount of fifty, for legal entities of a large enterprise - in the amount one hundred monthly calculation indices.

      2. Illegal hunting with the use of explosive devices, air, auto, motor vehicles, including snowmobiles, as well as violation of the rules of hunting, if repeated within one year after the imposition of an administrative penalty - entails a fine for individuals in the amount from seven to fifteen, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from fifty to one hundred, for legal entities of a large enterprise - in the amount from one to two hundred monthly calculation indices or deprivation of the right to hunt for up to two years with confiscation of guns getting animals, vehicles and other items, which were the instruments of committing such violations.

      2-1. Illegal hunting, if the offence is committed with the causing of considerable damage - entails a fine in the amount from three hundred to five hundred monthly calculation indices or administrative arrest in the amount of up to forty-five days.

      3. Actions, provided by parts one and two of this Article committed in the specially protected natural areas - entails a fine for individuals in the amount from forty to seventy, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount from three hundred to one thousand monthly calculation indices or deprivation of the right to hunt for up to two years with the confiscation of items and (or) implements of an administrative offence.

      Note. As a significant damage in this article is recognized the size of the damage exceeding a hundred or more times the monthly calculation index, established by the legislation of the Republic of Kazakhstan at the time of the offence.

      Footnote. Article 298 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 18.01.2011 No. 393 -IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 298-1. Violation of fishing regulations and protection of fishery resources and other aquatic animals

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

      1. Violation of fishing regulations, as well as the rules for others of use of fish resources and other aquatic animals, which does not contain signs of a criminal offence - entails a fine for individuals in the amount from three to ten, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount from twenty to fifty, for legal entities of a large enterprise - in the amount from fifty to one hundred monthly calculation indices.

      2. Gross violation of fishing regulations (fishing, except for amateur (sports) fishery, in illegal terms, by prohibited tools or methods, and in prohibited areas), as well as the rules for others of use of fish resources and other aquatic animals, which does not contain signs of a criminal offence - entails a fine for individuals - in the amount from ten to twenty, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount from fifty to one hundred, for legal entities of a large enterprise - in the amount from one hundred to two hundred and fifty monthly calculation indices with confiscation of objects and (or) the instruments of an administrative offence, or without it.

      3. Water abstraction from fishery waters without installing fish protection system -entails a fine for individuals in the amount from five to ten, for officials, entrepreneurs, legal entities of small and medium enterprise - in the amount from forty to seventy, for legal entities of a large enterprise - in the amount from one hundred to one hundred and fifty monthly calculation indices.

      Footnote. The Code is supplemented by Article 298-1 in accordance with the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2), dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 299. Violation of the order of fixing, use and protection of hunting grounds and fishery waters and (or) plots

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

      Violation of the order of fixing, use and protection of hunting grounds and fishery waters and (or) plots - entails a fine for individuals of up to three, for officials - up to twenty monthly calculation indices.

      Footnote. Article 299 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

Article 300. Violation of the rules for keeping and protecting green space

      Violation of established by local representative bodies of regions, the republican importance city and the capital the rules for keeping and protecting green space -entails a warning or a fine for individuals ranging from ten to twenty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - ranging from forty to seventy, for legal entities of a large business - in the amount from one hundred to two hundred monthly calculation indices.

      Footnote. Article 300 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 301. Illegal change of the terms of the license, as well as violation of the approved procedure for conducting oil operations at sea

      Illegal change of the terms of the license, as well as violation of the approved procedure for conducting oil operations at sea - entails a fine for officials, entrepreneurs in the amount of fifty, for legal entities - in the amount of one hundred and fifty monthly calculation indices.

      Footnote. Article 301 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 302. Violation of the license terms, regulating the permitted activity on the continental shelf of the Republic of Kazakhstan

      1. Violation of the license terms, regulating the permitted activity on the continental shelf of the Republic of Kazakhstan, if those actions do not have signs of a criminal offence - entails a fine for officials, entrepreneurs of up to twenty, for legal entities - in the amount of one hundred to one hundred and fifty monthly calculation indices.

      2. Violation of the rules of leading of submarine cables or pipelines on the territory of the Republic of Kazakhstan or their laying on the continental shelf of the Republic of Kazakhstan, which could result in damage to mineral resources, harm to life or health of people, harm living resources and marine life, or interfere with other legitimate activities on the continental shelf of the Republic of Kazakhstan, if those actions do not have signs of a criminal offence entails a fine for officials, entrepreneurs of up to twenty, for legal entities - in the amount of one hundred to one hundred and fifty monthly calculation indices.

      3. The actions, provided by the first or second parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for officials in the amount of twenty-five, for legal entities - in the amount of one hundred and fifty to two hundred monthly calculation with confiscation of the vessel and the guns of the offence, or without it.

      Footnote. Article 302 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated December 19, 2007 No.11-IV (the order of enforcement see Art. 2).

Article 303. Violation of the rules of the sea scientific research on the continental shelf of the Republic of Kazakhstan

      1. Violation of the rules of conduct of marine scientific research provided by permission or international treaties of the Republic of Kazakhstan, which has created or could interfere with the legitimate activities on the continental shelf of the Republic of Kazakhstan, or illegal change of the marine scientific research program on the continental shelf of the Republic of Kazakhstan -entails a fine for individuals in the amount of ten, for officials - in the amount of twenty, for legal entities - in the amount of one hundred monthly calculation indices.

      2. The actions, specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of fifteen, for officials - in the amount of up to twenty-five, for legal entities - in the amount of one hundred and fifty to two hundred monthly calculation with confiscation of the vessel and the guns of the offence, as well as the results of research or without it.

      Footnote. Article 303 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 304. Violation of the rules of waste disposal and other materials, as well as the rules for conservation and dismantling on the continental shelf of the Republic of Kazakhstan

      1. Violation of the rules of burial of vessels and other floating craft, aircraft, artificial islands, installations and structures, waste and other materials, as well as the rules for conservation and dismantling provided by international treaties ratified by the Republic of Kazakhstan, which could result in damage to mineral resources, harm life or health, harm living resources and marine flora and fauna, or interfere with other legitimate activities on the continental shelf of the Republic of Kazakhstan - entails a fine for individuals in the amount of five, and for legal entities and individual entrepreneurs - in the amount of twenty, for legal entities - in the amount of one hundred monthly calculation indices.

      2. The actions, specified in part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of ten, and for legal entities and individual entrepreneurs - in the amount of twenty-five monthly calculation indices, for legal entities - in the amount of harm caused to the environment with the confiscation of the vessel and the instruments of the offence or without it.

      Footnote. Article 304 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 19.12.2007 No. 11-IV (the order of enforcement see Art. 2), dated 21.01.2010 No. 242 -IV (the order of enforcement see Art. 2).

Article 305. Failure to comply with the legal requirements of the officials of the protection agency of continental shelf of the Republic of Kazakhstan

      1. Failure to comply with the legal requirements of the officials on the continental shelf of the Republic of Kazakhstan to stop the ship and interfering with execution of these officials their authority, including inspection of the vessel - entails a fine for officials in the amount of up to twenty, for legal entities - up to seventy monthly calculation indices.

      2. The actions, specified in part one of this article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for officials in the amount of twenty-five, for legal entities - in the amount of one hundred to one hundred and fifty monthly calculation indices with the confiscation of the vessel and the instruments of the offence, as well as the results of research or without it.

      Footnote. Article 305 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 306. Illegal transfer of mineral and biological resources of the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

      1. Illegal transfer of mineral and biological resources of the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan to foreigners, legal entities established under the legislation of another state or foreign countries - entails a fine for individuals of up to ten, and for legal entities and individual entrepreneurs - of up to twenty monthly calculation indices, for legal entities - in the amount of one hundred percent of the cost of the illegally transferred mineral and biological resources.

      2. The actions, specified in part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals of up to fifteen, and for legal entities and individual entrepreneurs - in the amount of twenty-five monthly calculation indices, for legal entities - in the amount of two hundred percent of the cost of the illegally transferred mineral and biological resources with the confiscation of the vessel and the guns of the offence, as well as the results of research or without it.

      Footnote. Article 306 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 19.12.2007 No. 11 -IV (the order of enforcement see Art. 2), dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

Article 306-1. Violation of the legislation on Environmental audits

      1. Failure to comply with the law on mandatory environmental audit - entails a fine for individuals in the amount from three to five, and for legal entities and individual entrepreneurs - in the amount from ten to thirty, for legal entities - in the amount of one hundred to two hundred monthly calculation indices.

      2. Making by environmental auditors (environmental audit firms) the deliberately false environmental audit report - entails a fine for environmental auditors in the amount from fifty to seventy, for the environmental audit firms which are units of medium-sized business - in the amount of two hundred to two hundred and fifty, for the environmental audit firms which are subject to a large-scale enterprise - in the amount of five hundred to seven hundred monthly calculation indices.

      3. Action, specified in part two of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for environmental auditors in the amount from eighty to one hundred, for the environmental audit firms which are units of medium-sized business - in the amount of three hundred to four hundred, for the environmental audit firms which are subject to a large-scale enterprise - in the amount of eight hundred to one thousand monthly calculation indices with the deprivation the license to engage in environmental auditing.

      4. The provision by the audited person during an environmental audit the deliberately false or incomplete information, which led to compiling the incomplete environmental audit report - entails a fine for officials, entrepreneurs in the amount of two hundred to three hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of three hundred to four hundred, and for legal entities of a large enterprise - in the amount of six hundred to seven hundred monthly calculation indices.

      Footnote. Chapter is supplemented by Article 306-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 306-2. Realization of the caviar, marked with the violation of labeling or unmarked caviar of sturgeon fish species

      1. Realization of the caviar, marked with the violation of labeling or unmarked caviar of sturgeon fish species - entails a fine for individuals in the amount from thirty to thirty-five, and for legal entities and individual entrepreneurs - in the amount of fifty to sixty, and for legal entities of small and medium enterprise - in the amount from seventy to ninety, for legal entity s which are subject to a large-scale enterprise - in the amount of one hundred to one hundred and twenty monthly calculation indices with confiscation of caviar, marked with the violation of labeling, or roe, sold without labeling.

      2. The actions, specified in part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of sixty to seventy, for officials, entrepreneurs - in the amount of one hundred and ten to one hundred and twenty, for legal entities of small and medium enterprises - in the amount of one hundred and forty to one hundred and sixty, for legal entities of a large enterprise - in the amount of two hundred to two hundred and twenty monthly calculation indices with confiscation of caviar, marked with the violation of labeling, or roe, sold without labeling.

      Footnote. The Code is supplemented by Article 306-2 in accordance with the Law of the Republic of Kazakhstan dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

Article 306-3. Representation the inaccurate data by individual and legal entities, who perform the work and providing services in the field of environmental protection

      1. Representation by individuals and legal entities, who perform the work and providing services in the field of environmental protection, the unreliable data in developing of emission standards and environmental measures, the program of industrial ecological control and reporting on them -entails a fine for officials, entrepreneurs in the amount of thirty to fifty, for legal entities - in the amount of one hundred to two hundred monthly calculation indices.

      2. Action, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty, - entails a fine for officials, entrepreneurs in the amount of seventy to one hundred monthly calculation indices with the suspension of the license, for legal entities - in the amount of two hundred and fifty to three hundred monthly calculation indices with the suspension of the license or without it.

      3. Committing an offence, provided by parts one and two of this article, which caused heavy damage to the environment, or committed more than three times, and if the act does not contain signs of a criminal offence, - entails a fine for officials, entrepreneurs in the amount of one hundred to one hundred and twenty monthly calculation indices with the deprivation of the license, for legal entities - in the amount of three hundred and fifty monthly calculation indices with the deprivation of the license.

      Footnote. The Code is supplemented by Article 306-3 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 20. Administrative offences in the field of quarantine regulations, grain market and the storage of grain, cotton industry, seed farming, state veterinary and sanitary control and supervision, and livestock breeding, as well as the formation and use of regional stabilization funds for food

      Footnote. The title of Chapter 20 is in the wording of the Law of the Republic of Kazakhstan dated 21.07.2007 No. 299; as amended by the Law of the Republic of Kazakhstan dated 24.07.2009 No. 190-IV (the order of enforcement see Art. 2), dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 12.01.2012 No. 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07.2012 No. 33-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 307. Violation of the rules against quarantine pests, diseases and weeds

      Violation of the rules for protection of the territory of the Republic of Kazakhstan from quarantine facilities, - entails a fine for individuals in the amount from two to five, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of twenty to forty, and for legal entities of a large enterprise - in the amount of fifty to one hundred monthly calculation indices.

      Footnote. Article 307 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 308. Import and export of materials that have not been in quarantine inspection and proper processing

      Import and export from border crossing points and checkpoints on the border for plant quarantine of the imported and exported plant materials that have not been in quarantine inspection and proper processing, and transportation of these goods without permissive quarantine documents, - entails a fine for individuals in the amount of two to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount from twenty to forty, for legal entities of a large enterprise- in the amount of sixty to one hundred monthly calculation indices with confiscation of regulated products or without it.

      Footnote. Article 308 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 309. Violation of the rules for pest control, plant diseases and weeds

      Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 309-1. Violation of the legislation of the Republic of Kazakhstan on grain

      1. Is excluded by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Art. 2).

      2. Sale of grain for export and import without proper passports for grain quality -entails a fine for individuals in the amount of five, for entrepreneurs, legal entities of small and medium enterprise - in the amount of fifteen, for legal entities of a large enterprise -in the amount of one hundred and fifty monthly calculation indices.

      3. Shipment by cereal receiving points, that store grain of public resources, any number of grains and (or) export of grain by transportation organizations without advance approval of the competent authority, - entails a fine for legal entities of medium-sized enterprise - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of one hundred and fifty to two hundred monthly calculation indices.

      4. Violation by cereal receiving points the rules of grain quantitative and qualitative accounting, issue, circulation and redemption of grain receipts -entails a fine for legal entities of medium-sized enterprise - in the amount of one hundred and fifty to two hundred, for legal entities of a large enterprise - in the amount of two hundred and fifty to three hundred monthly calculation indices.

      5. Implementation by the cereal receiving points of the activity which is not related to the provision of services on warehouse operations with the issuance of grain receipts, other than those permitted by law of the Republic of Kazakhstan "On Grain", issuing guarantees and (or) distribution of its assets as collateral under the commitments of third parties - entails a fine for legal entities of medium-sized business - in the amount of one hundred to one hundred and twenty, for legal entities of a large enterprise - in the amount of two hundred and fifty to three hundred monthly calculation indices with the suspension of the license.

      6. Systematic (two or more times during the six consecutive calendar months) distortion by the cereal receiving points of the number and quality of the grain, subject to documentary evidence - entails a fine for legal entities of medium-sized enterprise - in the amount of one hundred and fifty to two hundred, for legal entities of a large enterprise - in the amount of four hundred and fifty to five hundred monthly calculation indices with the suspension of the license.

      7. Alienation by cereal receiving points of basic assets, without which the implementation of the provision of services for warehousing activities with the issuance of grain receipts becomes completely impossible or significantly worsen - entails a fine for legal entities of medium-sized enterprise - in the amount of one hundred to one hundred and twenty, for legal entities of a large enterprise - in the amount of two hundred and fifty to three hundred monthly calculation indices with the suspension of the license.

      8. Failure to remedy violations that led to administrative liability under the fifth, sixth, seventh parts of this Article, after a period of suspension of the license - entails a fine for legal entities of medium-sized enterprise - in the amount of two hundred to two hundred and fifty, for legal entities of a large enterprise - in the amount of five hundred to five hundred and fifty monthly calculation indices with the deprivation of the license.

      9. Improper use by grain processing organizations the grain of the state realizable and state stabilizing grain resources, realized to them by agent in order to regulate the internal market - entails a fine for legal entities of small and medium enterprise - in the amount of one hundred, for legal entities of a large enterprise - in the amount of two hundred and fifty monthly calculation indices.

      10. Non-fulfillment by domestic grain producers the obligation on the formation of public resources of grain - entails a fine for entrepreneurs, legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of five hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 309-1 in accordance with the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, in the wording of the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); as amended by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229 -IV (the order of enforcement see Art. 2), dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 309-2. Violations in the implementation of business activities in the field of seed

      1. The work on the production, sale and use of seeds for sowing in breach of the laws of the Republic of Kazakhstan - entails a warning or a fine for individuals - in the amount of five to ten, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of ten to twenty-five, for legal entities of a large enterprise - in the amount of twenty-five to fifty monthly calculation indices.

      2. Violation the requirements of the regulations on examination of the quality of seeds by the qualified individual and legal entity s, who provide services to determine the variety and sowing qualities of seeds - entails a warning or a fine for individuals - in the amount of five to ten, for entrepreneurs, legal entities of small and medium enterprises - in the amount of twenty to fifty, for legal entities of a large enterprise - in the amount of one hundred to five hundred monthly calculation indices.

      3. Violation of the established by law qualifications, required to work in the field of seed by the qualified individual and legal entity s - entails a warning or a fine for individuals - in the amount of ten to twenty, for entrepreneurs, legal entities of small and medium enterprises - in the amount of twenty-five to fifty, for legal entities of a large enterprise - in the amount of one to two hundred monthly calculation indices.

      4. Actions, specified in the third part of this article, committed repeatedly within a year after the imposition of an administrative penalty - entails the deprivation of the certificate of attestation, certifying the subjects’ rights for activities in the field of seed production.

      Footnote. Supplemented by Article 309-2 in accordance the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 309-3. Violation of the procedure for phytosanitary accounting

      Failure to submit, as well as the late submission of phytosanitary accounting - entails a fine for individuals in the amount of five, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of fifteen, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 309-3 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 309-4. Violation of the legislation of the Republic of Kazakhstan on the development of cotton industry

      1. Violation by the cotton organizations of the established procedure for registration and storage of documents, reflecting transactions made ??with cotton - entails a fine for legal entities of small and medium-sized enterprises - in the amount of ten to fifteen, for legal entities of a large enterprise - in the amount of fifty to seventy monthly calculation indices.

      2. Realization of the cleaned cotton without a corresponding passport for quality of the cleaned cotton - entails a fine for individuals in the amount of five, for individual entrepreneurs - in the amount of ten, for legal entities of small and medium enterprises - in the amount of fifteen, for legal entities of a large enterprise- in the amount of one hundred monthly calculation indices.

      3. Non-performance or improper performance of the written orders of the authorized body on the violation of the requirements, established by the legislation of the Republic of Kazakhstan on the development of the cotton industry - entails a fine for individuals in the amount of ten to twenty, for legal entities of small and medium-sized business - in the amount of thirty to fifty, for legal entities of a large enterprise - in the amount of one hundred to one hundred and twenty monthly calculation indices.

      4. Avoidance of participation in the system of guaranteeing the performance of obligations by the cotton receipts, - entails a fine for legal entities of small and medium-sized business - in the amount from thirty to fifty, for legal entities of a large enterprise - in the amount of one hundred to one hundred and twenty monthly calculation indices with the suspension of the license.

      5. Implementation by a cotton organization the business activity forbidden by the law of the Republic of Kazakhstan on the development of the cotton industry sector, issuing guarantees and (or) provision of its assets as collateral for the obligations of third parties in violation of the law of the Republic of Kazakhstan on the development of the cotton industry, and the cotton organization’s alienation of the property, without which the implementation of the provision of services by warehousing activity with issuance of cotton receipts becomes completely impossible or significantly worsen, - entails a fine for legal entities of small and medium-sized business - in the amount of one hundred to one hundred and twenty, for legal entities of a large enterprise - in the amount of two hundred and fifty to three hundred monthly calculation indices with the suspension of the license.

      6. Systematic (two or more times during the six calendar months) distortions of the quantity and quality of cotton upon the applications of the holders of the cotton receipts, providing their documentary evidence, - entails a fine for legal entities of small and medium-sized business - in the amount of fifty to eighty, and for legal entities of a large enterprise - in the amount of one hundred to one hundred and fifty monthly calculation indices with the suspension of the license.

      7. Licensees false information to obtain a license, - entails a fine for legal entities of small and medium-sized business - in the amount of twenty to thirty, for legal entities of a large enterprise - in the amount of fifty to seventy monthly calculation indices with the suspension of the license.

      8. Violation of the law of the Republic of Kazakhstan on the development of the cotton industry by the members of the commission for the temporary management or temporary administration during the temporary management by the cotton organization, - entails a fine for individuals and officials in the amount of fifty to eighty, and for legal entities of small and medium enterprises - in the amount of eighty to one hundred, for legal entities of a large enterprise - in the amount of one hundred and fifty to two hundred monthly calculation indices.

      9. Failure to remedy violations that led to an administrative liability provided by the fourth, fifth, sixth, seventh parts of this Article, after a period of suspension of the license, entails a revocation of the license.

      Footnote. Chapter 20 is supplemented by Article 309-4 in accordance with the Law of the Republic of Kazakhstan dated July 21, 2007 No. 299 as amended by the Law of the Republic Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication) .

Article 309-5. Violation of the legislation of the Republic of Kazakhstan in the formation and use of regional stabilization food funds

      1. Improper use of regional stabilization food funds, exercising the commodity interventions on crop production during the harvest season, and failure to observe the formation and use of regional stabilization funds for food products, - entails a fine for officials - in the amount of fifty to one hundred, for legal entities - in the amount of one hundred to two hundred monthly calculation indices.

      2. Failure to comply with fixed prices during the purchase of food to the regional stabilization food funds and their realization from the regional stabilization funds for food products, - entails a fine for legal entities - in the amount of one hundred and fifty to two hundred and fifty monthly calculation indices.

      Footnote. Chapter 20 is supplemented by Article 309-5 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 33-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 310. Violation of the legislation on veterinary

      Violation of the legislation on veterinary, committed as follows:

      1) failure to conduct mandatory veterinary and sanitary arrangements and violation of the terms of their performance;

      2) non-compliance with the conditions and requirements of the quarantine and restrictive measures;

      3) untimely or incomplete conducting of veterinary and sanitary measures on liquidation of the infectious animals;

      4) the spread of infectious animals;

      5) non-compliance with veterinary and sanitary rules during the reproduction of animals;

      6) failure to comply with regulations on the protection of the Republic from the importation of infectious animal diseases;

      7) violation of the veterinary and sanitary rules during the transportation (stretch) of the animals;

      8) non-compliance with veterinary (veterinary and sanitary) rules and veterinary standards on the objects of internal trade, on the objects in production, performing the raising of animals, harvesting (slaughter), storage, processing and marketing of animals, products and raw materials of animal origin, as well as in organizations for production, storage and sale of veterinary medicines, feed and feed additives, warehouses, quarantine bases, loading and unloading areas and vehicles;

      8-1) the use of new, advanced veterinary drugs without a conclusion of the authorized state body in the field of veterinary medicine;

      8-2) failure to build and maintain the veterinary and sanitary facilities;

      9) violation of other regulations in the field of veterinary medicine, which is not entailing epizootic or other grave consequences, and decisions of local executive bodies and representative bodies of regions, the republican importance city and the capital on the fight against animal diseases -

      entail a fine for individuals of up to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations -in the amount of up to fifty, for legal entities of a large enterprise - in the amount of up to one hundred monthly calculation indices.

      Footnote. Article 310 as amended by the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 24.07. 2009 No. 190-IV (the order of enforcement see Art. 2), dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 310-1. Violation of the legislation of the Republic of Kazakhstan on livestock breeding

      1. Violation of the legislation of the Republic of Kazakhstan on livestock breeding, committed as follows:

      1) realization by the subjects in the field of breeding the livestock breeding production (material), which has not passed appraisal;

      2) realization by the subjects in the field of livestock breeding the pedigree production (material) without issuing a certificate of pedigree;

      3) the failure of subjects in the field of livestock breeding for accounting data and reporting;

      4) non-performance of the acts of state inspectors on livestock breeding by the subjects in the field of livestock breeding;

      5) the use by subjects in the field of livestock breeding the semen and embryos, obtained from breeding animals, which are not registered in accordance with the legislation of the Republic of Kazakhstan on livestock breeding;

      6) the use by subjects in the field of livestock breeding for reproductive purposes of breeding animals, that have not undergone appraisal;

      7) falsification by the subjects in livestock breeding the appraisal results of breeding animals;

      8) excluded by Law of the Republic of Kazakhstan of 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      9) excluded by Law of the Republic of Kazakhstan of 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      10) failure of individuals and legal entities from reporting on breeding animals, purchased at the cost of the budget through the development programs for livestock breeding for their registration in the state register of breeding animals.

      11) violation by individuals and legal entities of the using order of breeding animals, purchased for breeding at the cost of the budget through the development programs for livestock breeding, - entails a fine for individuals - in the amount of ten, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices.

      1-1. Failure to comply by the individual and legal entity s, operating in the field of livestock breeding with the obligations, subject to notification, established by the Law of the Republic of Kazakhstan "On livestock breeding",- entails a fine for individuals in the amount of ten, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices with the suspension of activities of the legal entities in the field of livestock breeding or without it.

      2. Actions (inaction), provided by the first and 1-1 parts of this Article, if repeated within a year after the imposition of an administrative penalty, as well as failure to remedy violations provided by the first and 1-1 parts of this Article, bringing to administrative responsibility, - entail the prohibition of activities in the field of livestock breeding.

      Footnote. Chapter 20 is supplemented by Article 310-1 in accordance with the Law of the Republic of Kazakhstan dated 12.01.2012 No. 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication) as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 311. Violation of the rules for keeping dogs and cats

      1. Violation by the local representative bodies of regions, the republican importance city and the capital of the rules for keeping dogs in cities and other areas, - entails a warning or a fine in the amount of up to three monthly calculation indices.

      2. Violation by the local representative bodies of the rules for keeping cats in cities and other areas, - entails a warning or a fine in the amount of up to one monthly calculation index.

      3. The same actions that caused damage to health or property of individuals, - entails a fine in the amount of up to ten monthly calculation indices.

      Footnote. Article 311 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 20-1. Administrative offences in the field of Education

      Footnote. The Code is supplemented by Chapter 20-1 in accordance with the Law of the Republic of Kazakhstan dated July 27, 2007 No. 320 (shall be enforced from August 9, 2007).

Article 311-1. Violation of the legislation of the Republic of Kazakhstan in the field of education

      1. Non-performance or improper performance of duties and standards of the pedagogical ethics by a teaching employer, - entails a fine for individuals in the amount of three to five, for officials in the amount of five to ten monthly calculation indices.

      2. Non-performance or improper performance of duties under the legislation of the Republic of Kazakhstan in the field of education, by parents or other legal representatives, - entails a fine for individuals in the amount of three to ten monthly calculation indices.

      3. Non-performance or improper performance of duties by manager or other officers of the educational organizations due to negligent or dishonest attitude to them, if this caused bodily harm to the pupils, students and employees of educational institutions during the educational process, - entails a fine for officials in the amount of twenty to fifty monthly calculation indices.

      4. Violation by the licensee of the requirements of model rules for admission to educational organizations, standard rules of educational organizations, translation and restoration of students - entails a fine for officials in the amount of twenty to fifty, and for legal entities in the amount of seventy to one hundred monthly calculation indices with the suspension of the license.

      5. Establishment and activity of the organizational structures of political parties in the educational institutions, - entails a fine for officials in the amount of twenty to fifty, and for legal entities in the amount of fifty to one hundred monthly calculation indices.

      6. Nonconformity of educational services to the requirements of state educational standards, and other violations of the state compulsory education standards, - entails a fine for officials in the amount of twenty to fifty, and for legal entities in the amount of fifty to one hundred monthly calculation indices with the suspension of the license.

      7. Actions (inaction), specified in the first - the sixth parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individuals in the amount of ten to fifteen, for officials in the amount of fifty to one hundred, for legal entities in the amount of one hundred to two hundred monthly calculation indices with the deprivation of the license.

      Footnote. Article 311-1 as amended by the Law of the Republic of Kazakhstan dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 21. Administrative offences entrenching on public safety and public health

Article 312. Violation or failure to comply with the regulation of fire Safety

      1. Violation or non-performance in organizations, public places, warehouses, dormitories and residential area of the fire protection requirements, provided by fire regulations, building codes and regulations for the design and construction of buildings and structures, national standards and rules for the use and maintenance of firefighting equipment, fire inventory, equipment, automatic detection and suppression of fires, fire automation, - entails a warning or a fine for individuals of up to three, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of up to twenty-five, and for legal entities of a large enterprise - in the amount of up to fifty monthly calculation indices.

      2. Violation of the fire safety rules, committed by a person responsible for implementing it, if it causes a fire, caused harm to human health or serious damage, in the absence of the corpus delicti - entails a fine in the amount of up to fifty monthly calculation indices.

      Note. For the purpose of this article, a considerable amount of damage shall be the amount exceeds fifty monthly calculation indices at the time of committing an administrative offence.

      Footnote. Article 312 as amended by the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 312-1. Violation of the legislation of the Republic of Kazakhstan in the field of fire safety during the independent evaluation of the risks

      1. Failure to submit or late submission to the territorial division of the authorized body in the field of fire safety the copy of the results of an independent risk evaluation - entails a fine for the expert organization in the amount of twenty to thirty monthly calculation indices.

      2. Submission of the conclusion on the results of an independent evaluation of risks in the field of fire safety, containing false information on compliance (non-compliance) of the object with fire safety - entails a fine for the expert organization in the amount of forty to fifty monthly calculation indices.

      3. Actions (inaction), provided in the first and second parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty, and submission of a false conclusion on the results of an independent evaluation of risk in the field of fire safety - entails a fine for expert organizations in the amount of one hundred to one hundred and fifty monthly calculation indices with the deprivation of accreditation certificate.

      Footnote. The Code is supplemented by Article 312-1 in accordance with the Law of the Republic of Kazakhstan dated 28.06.2010 No. 295-IV (shall be enforced upon expiry of six months after its first official publication).

Article 313. Manufacture and sale of products not conforming the fire safety requirements

      Manufacture and sale of products not conforming to the requirements of explosion and fire safety, except for the requirements of technical regulations, or failure to comply with regulations of the state fire service on the suspension or prohibition of the organization, the production site, the unit, if they did not cause injury or major property damage - entails a fine for officials, entrepreneurs, legal entities of small and medium enterprises, in the amount of thirty to fifty, for legal entities of a large enterprise - in the amount of seventy to one hundred monthly calculation indices.

      Note. For the purpose of this Article of this Code, large amount shall be the amount exceeding one hundred monthly calculation indices at the time of committing of an administrative offence.

      Footnote. Article 313 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 26.05.2008 No. 34-IV (the order of enforcement see Art. 2).

Article 314. Violation or non-fulfillment of the safety rules in reservoirs

      Violation or non-fulfillment of the safety rules in reservoirs, by a person responsible for their compliance, if this caused harm to human health or serious damage in the absence of essential elements of a crime - entails a fine for individuals in the amount of five to ten, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of ten to twenty, and for legal entities of a large enterprise - in the amount of forty to sixty monthly calculation indices.

      Footnote. Article 314 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 315. Violation of the requirements of the radiation safety when using Atomic Energy

      Illegitimate or deliberate release of radioactive substances into the air, water and mineral resources that exceed the levels established by the authorized government agencies; drawing into the commercial circulation for use and consumption by people the products and materials, irradiated or containing radioactive substances, without the permission of the authorized government agencies; permit to work on a nuclear facility of persons, who are not properly trained or have no documents proving their qualifications, and the persons under eighteen years of age or who have medical conditions, contrary to the requirements to accounting and control of radioactive materials and sources of ionizing radiation, if these actions do not contain evidence of a crime -

      entail a fine for individuals in the amount of up to ten, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of fifty to seventy, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices or revocation of the license for a certain of activity in the field of nuclear energy.

      Footnote. Article 315 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 316. Violation of the requirements of the nuclear nonproliferation regime

      Violation of the established rules for nuclear exports and imports, violation of the requirements for the physical protection of nuclear materials, nuclear facilities, violation of the requirements to nuclear materials accounting and control, if these actions do not contain evidence of a crime - entails a fine for individuals in the amount of up to ten, for officials, entrepreneurs, legal entities of small and medium-sized business - in the amount of fifty to seventy, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices or revocation of the license for a certain of activity in the field of nuclear energy.

      Footnote. Article 316 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 317. Violation of the legislation of the Republic of Kazakhstan in the field of technical regulation

      1. Violation of the legislation of the Republic of Kazakhstan in the field of technical regulation, committed as follows:

      1) production and sale of products, inconsistent with the requirements of technical regulations;

      2) release in the wholesale and retail trade to the markets the products, which are not meeting the requirements of the normative document on standardization;

      3) import and (or) sales of products, which are subject to mandatory conformity, without a certificate of conformity, a mark of conformity or a declaration of conformity, as well as in the event of their forgery, termination or suspension of the validity period;

      4) violation of the order of performance of the work on conformity assessment and accreditation;

      5) unwarranted issuing or confirmation of the certificate of conformity, as well as the unjustified adoption or registration of the declaration of conformity, the statements of the declaration;

      6) performance of the works in the field of conformity in the state system of technical regulation without accreditation - entails a fine for individuals in the amount of thirty, and for legal entities and individual entrepreneurs - in the amount of fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred, for legal entities of a large enterprise - in the amount of two hundred monthly calculation indices with the suspension of accreditation certificate, certificates of expert auditors on conformity, accreditation for a period of six months.

      2. Non-performance or improper performance of the requirements of the agencies, exercising the state control over the compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation, except the cases provided by Article 317-1 of this Code - entails a fine for individuals in the amount of thirty, and for legal entities and individual entrepreneurs - in the amount of sixty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of a large enterprise - in the amount of three hundred monthly calculation indices with the deprivation of the accreditation certificate, certificates of expert auditors on conformity, accreditation.

      3. Actions (inaction), specified in the first and second parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of forty-five, and for legal entities and individual entrepreneurs - in the amount of one hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, for legal entities of a large enterprises - in the amount of four hundred monthly calculation indices with the deprivation of the accreditation certificate, certificates of expert auditors on conformity, accreditation.

      Footnote. Article 317 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 317-1. Violation of the legislation in the field of safety of certains of product

      Non-sease by the person of fulfilling the processes of life cycle of the product from the discovery of non-compliance with the safety regulations set by the legislative acts on the safety of food products, chemicals, machinery and equipment, toys and technical regulations, as well as non- performance of the government regulations on security - entails a fine for individuals in the amount of one hundred and fifty to one hundred and sixty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of three hundred to three hundred and ten, and for legal entities of a large business - in the amount of one thousand five hundred to one thousand six hundred monthly calculation indices with the suspension of the activity or without it with the confiscation of goods or without it.

      Note.

      For the purpose of this article, under the subjects are recognized the persons responsible for the safety of the product in accordance with the laws of the safety of food products, chemicals, machinery and equipment and toys.

      Footnote. Article 317-1 is supplemented by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 317-2. Violation of the order of issuance of the certificate on the origin of the product and form conclusions of the Customs Union product or a foreign product

      1. Drafting by audit experts to determine the country of origin of the goods, status of the goods of the Customs Union or foreign goods and the issuance by the expert organization acts of examination of the origin of the goods to determine the status of the goods of the Customs Union or foreign goods, where the data on product falsified and (or) unreliable - entails a fine for expert auditors to determine the country of origin, status of the goods of the Customs Union or foreign goods in the amount of ten monthly calculation indices with the suspension of certificates of expert auditors to determine the country of origin, status of the goods of the Customs Union or foreign goods for a period of six months, for expert organizations - in the amount of thirty monthly calculation indices with the suspension of activity for a period of six months.

      2. Refusal to issue a certificate of origin of the goods in case of submission of the duly executed act of the examination of the origin of the goods and documents, proving the origin of the goods on the list, approved by the authorized body in the field of technical regulations, documents confirming the origin of the goods for domestic circulation, or refusal to issue of the conclusion forms of the goods of the Customs Union or foreign goods, when presented a valid act of expertise to determine the status of the goods of the Customs Union or foreign goods and the information, documents confirming the status of the goods of the Customs Union or foreign goods - entails a fine for the territorial Chambers of Commerce and Industry, the agencies (organizations), authorized to issue a certificate of origin for domestic circulation, conclusions forms of the goods of the Customs Union or foreign goods in the amount of fifty monthly calculation indices.

      3. Issuance by the territorial Chamber of Commerce and Industry of the certificate of origin, by the agencies (organizations) authorized to issue a certificate of origin for domestic circulation the conclusions form of the goods of the Customs Union or foreign goods, a certificate of origin for domestic circulation, conclusions form of the goods of the Customs Union or foreign goods, where data on product falsified and (or) ill-founded - entails a fine for territorial Chamber of Commerce and Industry, for the agencies (organizations), authorized to issue a certificate of origin for domestic circulation, conclusions form of the goods of the Customs Union or foreign goods in the amount of thirty monthly calculation indices.

      4. Violation by the territorial Chamber of Commerce and Industry, the agencies (organizations) authorized to issue a certificate of origin for domestic circulation, conclusions form of the goods of the Customs Union or foreign goods, of the period of issue of the certificate of origin, certificate of origin for domestic circulation, the conclusions form of the goods of the Customs Union or foreign goods, as well as the written reasoned decision on refusal of their issuance - entails a fine for territorial Chamber of Commerce and Industry, the bodies (organizations), authorized to issue a certificate of origin for domestic circulation, conclusions form of the goods of the Customs Union or foreign goods in the amount of thirty monthly calculation indices.

      5. Presentation of the falsified and (or) ill-founded documents, confirming the origin of the goods on the list, approved by the authorized body in the field of technical regulation, to obtain a certificate of origin, the documents confirming the origin of goods for domestic circulation, to obtain a certificate of origin for domestic circulation, as well as the data, documents confirming the status of the goods of the Customs Union or foreign goods, to obtain conclusions form of the goods of the Customs Union or foreign goods - entails a fine for individual entrepreneurs in the amount of ten, for legal entities of small and medium enterprises - in the amount of twenty, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      6. Actions (inaction), stipulated in the first, second, third and fourth parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for expert auditors to determine the country of origin, status of the goods of the Customs Union or foreign goods in the amount of forty monthly calculation indices with the deprivation of passports of the audit experts to determine the country of origin of the goods, status of the goods of the Customs Union or foreign goods, for territorial Chambers of Commerce and Industry, the agencies (organizations), authorized to issue a certificate of origin for domestic circulation, conclusions form of the goods of the Customs Union or foreign goods - in the amount of one hundred monthly calculation indices, for the expert organizations - in the amount of one hundred monthly calculation indices with the suspension of activity for a period of six months.

      Footnote. The Code is supplemented by Article 317-2 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2009 No. 184 (the order of enforcement see Art. 2), as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 317-3. Violation of the national standards for producing the Flag of the Republic of Kazakhstan and the State Emblem of the Republic of Kazakhstan and material objects with their image

      1. Producing the National Flag of the Republic of Kazakhstan and the National Emblem of the Republic of Kazakhstan, as well as material objects with their images not meeting with national standards, - entails a fine for individuals in the amount of fifty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of a large enterprise - in the amount of four hundred monthly calculation indices.

      2. Action, specified in the first part of this Article, if repeated within one year after the imposition of an administrative penalty, - entails a fine for individuals in the amount of eighty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, for legal entities of a large enterprise - in the amount of five hundred monthly calculation indices.

      Footnote. Chapter 21 is supplemented by Article 317-3 in accordance with the Law of the Republic of Kazakhstan dated 28.06.2012 No. 24-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 317-4. Violation of the legislation of the Republic of Kazakhstan on the measurement assurance

      1. Violation of the legislation of the Republic of Kazakhstan on the measurement assurance, committed as follows:

      1) assumption the inconsistency of the quantity of packaged goods, contained in packages of any kind at their packaging, sale and import, the value indicated on the packaging;

      2) assumptions of inconsistency in determining the mass, volume, flow or other quantities, characterizing the number of goods, alienated when fulfilling trading operations, to the quantity of goods specified in the control (commercial) check or other document, proving the purchase of the goods inspected;

      3) calibration of measuring instruments and metrological certification of procedure of measurement without accreditation;

      4) issuance, use, sale and advertising of the measuring instruments and standard samples, subject to state metrological control, failed the test for the purpose of the approval or metrological certification and calibration of not including in the register of the state system for ensuring uniform measurement;

      5) application of the procedure of measurements, subject to state metrological control and not passed the metrological certification and registration in the register of the state of the system for ensuring the uniform measurement - entails a fine for individuals in the amount of thirty, and for legal entities and individual entrepreneurs - in the amount of fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred, for legal entities of a large enterprise - in the amount of two hundred monthly calculation indices with the suspension of accreditation certificate, a certificate of a technical expert in the area of ??measurement assurance, a certificate of a verification officer for a period of six months.

      2. Non-performance or improper performance of the requirements of the agencies, exercising the state control over observance of the legislation of the Republic of Kazakhstan on the assurance of measurement - entails a fine for individuals in the amount of thirty, and for legal entities and individual entrepreneurs - in the amount of sixty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty, for legal entities of a large enterprise - in the amount of three hundred monthly calculation indices with the deprivation of accreditation certificate, a certificate of a technical expert in the area of ??measurement assurance, a certificate of a verification officer.

      3. Actions (inaction), specified in the first and second parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of forty-five, and for legal entities and individual entrepreneurs - in the amount of one hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, for legal entities of a large enterprise - in the amount of four hundred monthly calculation indices with the deprivation of accreditation certificate, a certificate of a technical expert in the area of ??measurement assurance, a certificate of a verification officer.

      Footnote. Chapter 21 is supplemented by Article 317-4 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 318. Failure to take action for the destruction of wild cannabis

      Failure to take action for the destruction of wild cannabis in agricultural crops, gardens, vineyards, nurseries and parks, roadside fields, irrigative and irrigation and ameliorative networks, on the waysides of roads and railways, in the territory of organizations, in the land of inhabitants of cities, towns and other communities, as well as in the lands of the state forest and water reserves of the national reserve and assigned to the organizations after the regulations - entails a fine for individuals of up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to seventy, for legal entities of a large enterprise - in the amount of seventy to one hundred monthly calculation indices.

      Footnote. Article 318 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 319. Failure to take measures to ensure the safety of the narcotic crops

      Failure to take actions to ensure the established regime of protection of the crops of hemp, poppy or other plants containing narcotic substances, the places of storage and processing of the harvest of these crops, as well as the failure to the destruction of crop residues and wastes, containing narcotic substances - entails a fine for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of one hundred, for legal entities of a large enterprise - in the amount of two hundred monthly calculation indices.

      Footnote. Article 319 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 319-1. Failure to take measures to suppression of the sale and (or) non-medical use of narcotic drugs, psychotropic substances and precursor

      1. Failure of an official and (or) the owner of an entertainment place, and educational organization to take measures to suppression of the sale and (or) non-medical use of narcotic drugs, psychotropic substances and precursors - entails a fine for officials, and (or) individual entrepreneurs in the amount of fifty to one hundred and fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred to three hundred, for legal entities of a large enterprise, - in the amount of seven hundred to one thousand monthly calculation indices with the suspension of the activity.

      2. Actions (inaction), provided in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty -entail a fine for officials and (or) individual entrepreneurs in the amount of two hundred to three hundred monthly calculation indices with the prohibition of the individual entrepreneur activity, for legal entities of small or medium-sized business or non-profit organizations - in the amount of three hundred fifty to four hundred monthly calculation indices with the prohibition of the legal entity activity, for legal entities of a large enterprise - in the amount of one thousand five hundred to two thousand monthly calculation indices with the prohibition of the legal entity.

      Note. Entertainment places specified in the Code include casinos, night clubs, cafes, bars, restaurants, internet cafes, computer, pool, bowling clubs, cinemas, theater and entertainment facilities and other purpose buildings, premises, facilities, providing services of entertainment and leisure, theater and entertainment, sporting, cultural and leisure destination.

      Footnote. Article 319-1 is in the wording of the Law of the Republic of Kazakhstan dated 27.06.2008 No. 50-IV (the order of enforcement see Art. 2).

Article 320. Illegal treatment with narcotic drugs, psychotropic substances and precursors without the purpose of their sale

      1. Illegal manufacture, processing, purchase, storage, transportation or transfer without the purpose of sale of narcotic drugs, psychotropic substances and precursors, having no evidence of a crime-entails a fine for individuals in the amount of five to ten or administrative arrest for up to ten days, and for legal entities and individual entrepreneurs - in the amount of fifteen to twenty monthly calculation indices or administrative arrest for up to fifteen days, for legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty-five to thirty, for legal entities of a large enterprise - in the amount of forty to fifty monthly calculation indices.

      1-1. Illegal purchase, transportation or storage of narcotic drugs or psychotropic substances in large amount without a purpose of selling -entails a fine for individuals of up to two hundred monthly calculation indices or administrative arrest for up to forty-five days.

      2. The actions, specified in the first part of this article, committed by juveniles under the age of 16 years - entails a fine for parents or guardians, up to two monthly calculation indices.

      Note. The person who had voluntarily delivered his (her) narcotic drugs, psychotropic substances and precursors, what he (she) manufactured, processed, acquired, stored, transported or mailed without the purpose of sale, shall be exempt from liability.

      Footnote. Article 320 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.06.2008 No. 50-IV (the order of enforcement see Art. 2 ), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 321. Propaganda and illegal advertising of narcotic drugs, psychotropic substances and precursors

      1. Propaganda of narcotic drugs, psychotropic substances and precursors, as well as their illegal advertising - entail a fine for officials, entrepreneurs in the amount of twenty to forty, and for legal entities of small and medium-sized business - in the amount of one hundred to three hundred, for legal entities of a large enterprise - in the amount of three hundred to five hundred monthly calculation indices.

      2. Advertising of drugs and psychotropic substances, included in the list of narcotic drugs, psychotropic substances and precursors, subject to control in the Republic of Kazakhstan, in unspecialized print publications, intended for medical and pharmaceutical workers, as well as distribution for advertising the samples of medicinal products, containing narcotic drugs and psychotropic substances - entails a fine for officials, entrepreneurs in the amount of twenty to twenty-five, for legal entities of small and medium-sized business - in the amount of two hundred to four hundred, and for legal entities of a large enterprise - in the amount of five hundred to seven hundred monthly calculation indices with the deprivation of a license for a specific activity, or without it.

      Note.

      1. Under the propaganda of drugs, psychotropic substances and precursors in this article should be understood the activity of individual and legal entity s, aimed to dissemination of information on the means, methods of design, producing and use, the places of purchase of narcotic drugs, psychotropic substances and precursors, as well as the production and distribution of books products, media products, the spread in the computer networks of the information or other actions to this end.

      2. Under the illegal advertising of drugs, psychotropic substances and precursors in this article should be understood the activity of individuals and legal entities on the distribution and placement in any form, by any means any information which has impact on the unconscious perception and instincts, creates or maintains his (her) interest of narcotic drugs, psychotropic substances and precursors.

      Footnote. Article 321 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 322. Illegal medical and (or) pharmaceutical activities

      1. Exercising the illegal medical and (or) pharmaceutical activities by a person without a certificate and (or) licenses for this of activity - entails a fine for individuals in the amount of one to five, for officials - in the amount of five to fifteen, for legal entities of a small and medium enterprise - in the amount of twenty to fifty, for legal entities of a large business - in the amount of fifty to seventy monthly calculation indices.

      2. Provision for a fee of the guaranteed free medical care in health care organizations, providing it - entails a fine for individuals in the amount from five to ten, for officials - in the amount of twenty to thirty, for legal entities of small and medium-sized business - in the amount of thirty to fifty, for legal entities of a large business - in the amount of three hundred to four hundred monthly calculation indices.

      3. Repeated commitment of the offence, provided by first and second parts of this article within a year after the imposition of an administrative penalty,- entails a fine for individuals in the amount of twenty to thirty with the deprivation of the specialist certificate, for officials - in the amount of sixty to seventy, for legal entities of small and medium enterprises - in the amount of eighty to one hundred, for legal entity s of a large-scale enterprise - in the amount of six hundred to seven hundred monthly calculation indices with the confiscation of proceeds obtained as a result of an administrative offence.

      4. Conducting the mass healing sessions (two or more persons), including the use of mass media - entails a fine in the amount of one hundred and fifty monthly calculation indices.

      5. Participation of medical workers, qualified to prescribe medicinal products, in advertising of medicines, sales of medicines by medical workers in the workplace, except the cases, provided by law, and also the direction in certain pharmacies or others of organizations, and other forms of cooperation with them in order to obtain compensation - entails a fine for individuals in the amount of fifty to one hundred with the deprivation of the specialist certificate, for officials - in the amount of one hundred to three hundred monthly calculation indices.

      Footnote. Article 322 is in the wording of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV; dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 323. Violation of the legislation in the field of sanitary and epidemiological welfare of the population and hygienic standards

      1. Violation of the regulations in the field of sanitary and epidemiological welfare of the population and hygienic standards, except the cases provided by Article 317-1 of this Code and not causing carelessly the mass disease or poisoning of the people, or death of a person - entails a fine for individuals in the amount of up to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of up to thirty, for legal entities of a large enterprise - in the amount of up to one hundred monthly calculation indices.

      2. Action (inaction), provided by first part of this article, which can cause harm to human health, if the action does not contain evidence of a crime - entails a fine for individuals in the amount of two hundred, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices with the suspension of the activity or without it.

      Footnote. Article 323 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 324. Violation of the rules of pharmaceutical activities

      1. Violation of the rules of registration and re-registration, production and quality control, testing (research), procurement, transportation, storage, labeling, sale, use, maintenance, destruction, advertising of medicines, health products and medical equipment, if it did not cause damage to human health - entails a fine for individuals in the amount of seventy, for officials and entrepreneurs - in the amount of one hundred, for legal entities of small and medium enterprises - in the amount of two hundred, for legal entities of a large enterprise - in the amount of one thousand monthly calculation indices with the suspension of the pharmaceutical activity.

      2. Production, purchase, transportation, storage, sale, advertising of unregistered, fake, forbidden to use medicines, health products and medical equipment, if they did not cause harm to human health - entails a fine for individuals in the amount of one hundred, and for legal entities and individual entrepreneurs - in the amount of one hundred and fifty, for legal entities of small and medium enterprises - in the amount of three hundred, for legal entities of a large enterprise - in the amount of one thousand fifteen hundred monthly calculation indices with the suspension of the activity and confiscation of the medical and similar means, healthful and dietary meals products and nutritional supplements, and cosmetics, which are the direct subjects of an administrative offence and income, received as a result of an administrative offence.

      3. Acts, stipulated in the first or second parts of this article, caused harm to human health if they do not contain evidence of a crime- entails a fine for individuals in the amount of two hundred, and for legal entities and individual entrepreneurs - in the amount of three hundred, for legal entities of small and medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices with confiscation of medicines, health products and medical equipment, healthful and dietary meals products and nutritional supplements, and cosmetics, which are the direct subjects of an administrative offence and income, received as a result of an administrative offence, and the prohibition of their activities.

      Footnote. Article 324 is in the wording of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2). Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 16.07.2009 No. 186-IV.

Article 324-1. Illegal medical activities and unlawful issuance or forgery of prescriptions or other documents, granting the right to obtain narcotic drugs or psychotropic substances

      Exercising the medical or pharmaceutical activity by a person without a certificate and (or) licenses for this activity, if it caused by negligence the moderate damage to human health - entails a fine in the amount of one hundred to five hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Footnote. The Code is supplemented by Article 324-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 324-2. Violation of the requirements of the technical strengthening of facilities and buildings in the area of traffic of Narcotic Drugs and Psychotropic substances and precursors

      1. Violation of the requirements of the technical strengthening of facilities and buildings in the area of traffic of narcotic drugs, psychotropic substances, precursors - entails a fine for legal entities of medium-sized enterprise - in the amount of fifty, for legal entities of a large enterprise - in the amount of one hundred monthly calculation indices with the suspension of the legal entity.

      2. Action (inaction), specified in the first part of this article, if repeated within one year after the imposition of an administrative penalty - entails a fine for legal entities of medium-sized business - in the amount of three hundred and fifty, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices with the prohibition of the activity of the legal entity.

      Footnote. Chapter 21 is supplemented by Article 324-2 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 325. Inaccurate advertising in the Healthcare Service

      Footnote. Title of Article 325 is in the wording of the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

      Dissemination by advertiser of the advertising of medical services, methods and techniques for prevention, diagnosis, treatment and rehabilitation, without a license to carry out the relevant activity, and advertising of dietary supplements without their state registration, if the action does not contain evidence of a crime, - entails a fine for individuals in the amount of up to ten, for officials - in the amount of up to twenty-five, for legal entity s - in the amount of up to two hundred monthly calculation indices.

      Footnote. Article 325 is in the wording of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV; dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 326. Avoidance of the medical examination and treatment of the persons who are in contact with HIV-infected, people with AIDS, venereal diseases, tuberculosis, and people who use narcotics or psychotropic substances without prescription

      1. Avoidance of the medical examination and treatment of the persons, who are in contact with people with HIV, AIDS, venereal diseases, tuberculosis, continued after the written warning, made ??by health institutions - entails a fine in the amount of up to five monthly calculation indices.

      2. Avoidance of the medical examination and treatment of the persons, who recognized as diseased with alcoholism, drug addiction and toxicomania or in respect to whom there is sufficient evidence that they without a medical prescription use narcotic drugs or psychotropic substances - entails a fine in the amount of up to ten monthly calculation indices.

      Footnote. Article 326 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 327. Avoidance of treatment of the persons with illnesses dangerous to others

      1. Rejection of medicines and other avoidance of treating of the people with diseases dangerous to others, the list of which is determined by the Government of the Republic of Kazakhstan, as well as those who were in contact with them, and in need of preventive treatment, continued after the written warning made ??by public health agencies, - entails a fine in the amount of up to five monthly calculation indices.

      2. Evasion of parents or persons replacing them, from the treatment of minor children with diseases, dangerous to others, the list of which is determined by the Government of the Republic of Kazakhstan - entails a fine for individuals in the amount of up to ten monthly calculation indices.

      Footnote. Article 327 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 328. Concealment by people with diseases, dangerous to others, the source of infection and those who were in contact with them

      Concealment by people with diseases, dangerous to others, the source of infection and those who were in contact with them, creating a risk of infection with these diseases to others - entails a fine in the amount of up to five monthly calculation indices.

Article 328-1. The provision by subjects of healthcare service the false facts and information in obtaining consent documents to engage in medical activities

      1. The provision by subjects of healthcare service the false facts and information in obtaining consent documents to engage in medical activities, including the falsification of the documents, if this does not contain evidence of a crime- entails a fine for individuals in the amount of five to ten monthly calculation indices, for officials - in the amount of ten to twenty monthly calculation indices.

      2. The same act, committed repeatedly within one year after the imposition of an administrative penalty - entails a fine for individuals in the amount of ten to twenty monthly calculation indices, for officials - in the amount of twenty to fifty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 328-1 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2).

Article 329. Issue or sale of goods, works or services, not meeting the safety requirements

      Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Chapter 22. Administrative offences entrenching on public order and morality

Article 330. Disorderly conduct

      1. Disorderly conduct, that is, swearing in public place, humiliating harassment to individuals, the desecration of premises, pollution of public spaces, parks, squares, including the release of municipal waste in unauthorized places, and other similar actions, expressing contempt to others, violating the public order and tranquility of individuals -entails a fine in the amount of three to ten monthly calculation indices or administrative arrest for up to ten days.

      2. The actions, specified in the first part of this article committed repeatedly within a year after the imposition of an administrative penalty - entails administrative arrest for up to fifteen days.

      Footnote. Article 330 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 22.07.2011 No. 479-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 330-1. Disobedience to the lawful request of a person, involved in ensuring public order

      1. Disobedience to the lawful request of a person, involved in ensuring public order, - entails a fine in the amount of up to five monthly calculation indices.

      2. Action (inaction), specified in the first part of this article, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of five to ten monthly calculation indices or administrative arrest for up to five days.

      Footnote. Article 330-1 as amended by the Laws of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 331. Hooliganism committed by minors

      Disorderly conduct or hooliganism, provided by first part of Article 257 of the Criminal Code of the Republic of Kazakhstan, committed by a minor under the age of fourteen to sixteen years old - entails a fine for parents or guardians, in the amount of two to five monthly calculation indices.

      Footnote. Article 331 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2).

Article 332. Gunfire, explosion of pyrotechnics in settlements

      1. Shooting from gas weapons, homemade weapons or adapted weapons in populated areas and in non-designated areas, disturbing the individuals and the established order - entails a fine in the amount of up to three monthly calculation indices with the confiscation of weapons or without it.

      2. The explosion of special and homemade pyrotechnics in populated areas and in non-designated areas, disturbing the individuals, the established order and resulted in major property damage - entails a fine in the amount of up to three monthly calculation indices with the confiscation of fireworks and devices.

      3. The same actions committed by juveniles under the age of sixteen, - entails a warning or a fine on parents or guardians - in the amount of up to two monthly calculation indices with the confiscation of pyrotechnic devices.

      4. Actions, specified in the first and second parts of this article, committed repeatedly within a year after the imposition of an administrative penalty, and by a person who was liable during a year for an administrative offence under Article 333 of this Code, - entails a fine in the amount of up to ten monthly calculation indices or administrative arrest for a term of ten to fifteen days.

      Footnote. Article 332 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 333. Violation of quietness

      1. Violation of quietness at night time (from 23 to 6 am), including the holding in a residential area and out of them the work accompanied by the noise, not related to the urgent necessity that prevents the normal rest and tranquility of individuals - entails a warning or a fine for individuals in the amount of two, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of ten, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      2. The same action, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty, for legal entities of a large enterprise - in the amount of eighty monthly calculation indices.

      Footnote. Article 333 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 334. Deliberately false call of the special services

      1. Deliberately false call of the state fire service, police, ambulance, emergency services - entails a fine of up to twenty monthly calculation indices.

      2. The actions, specified in the first part of this Article committed repeatedly within a year after the imposition of an administrative penalty or committed during the liquidation of the accident, fires, natural disasters - entails a fine in the amount of up to fifty monthly calculation indices.

      3. Actions, specified in the first and second parts of this article committed by juveniles under the age of fourteen to sixteen - entails a warning or a fine on parents or guardians in the amount of up to ten monthly calculation indices.

      Footnote. Article 334 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated 26.05.2008 No. 34-IV (the order of enforcement see Art. 2).

Article 334-1. Deliberately false information about the fact of corruption

      Informing deliberately false information about the fact of corruption to the anti-corruption agency, - entails a fine in the amount of one hundred to two hundred monthly calculation indices or administrative arrest for up to thirty days.

      Footnote. The Code is supplemented by Article 334-1 in accordance with Law of the Republic of Kazakhstan dated July 21, 2007 No. 308.

Article 335. Manufacture and sale of the home production alcoholic drinks

      Footnote. Title of Article 335 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2).

      Illegal manufacture in order to distribute samogon, chacha, mulberry vodka, home brew and other alcoholic beverages, as well as sale of these alcoholic beverages - entails a fine in the amount of thirty monthly calculation indices with the confiscation of alcoholic beverages, devices, raw materials and equipment for their production, as well as obtained from the sale of money and other valuables.

      Footnote. Article 335 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 336. Drinking alcohol or appearance in public places in a drunken state

      Footnote. Title of Article 336 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2).

      1. Drinking alcohol in the streets and other public places, except for organizations of trade and catering, where the sale of alcoholic beverages by the glass allowed by the local executive body, or appearance in public in a drunken state, offending human dignity and public morality - entails a fine in the amount of two monthly calculation indices.

      1-1. The appearance in public in a drunken state of persons, under eighteen years of age, as well as the drinking of them alcoholic beverages - entails a fine for parents or guardians in the amount of one monthly calculation index.

      2. Actions, specified in the first and 1-1 parts of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine in the amount of five monthly calculation indices.

      3. Actions, specified in the first and 1-1 parts of this Article, if committed by a person, who twice during the year is subject to administrative punishment for drinking alcohol or appearance in public in a drunken state, - entails an administrative arrest for up to fifteen days.

      Footnote. Article 336 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2), dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 336-1. Violation of the prohibition to smoke in certain public places

      1. Smoking in certain public places, where it is banned by the legislation of the Republic of Kazakhstan- entails a fine in the amount of one monthly calculation index.

      2. Action, specified in the first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine in the amount of two to five monthly calculation indices.

      3. Violation by the employer of the legislation of the Republic of Kazakhstan providing for the allocation of special smoking areas, as well as the failure to take measures to smokers, who do not smoke in special places for this - entails a fine for an official up to ten, for legal entities - up to forty monthly calculation indices.

      Footnote. Supplemented by Article 336-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 336-2. Non-medical use of narcotic drugs, psychotropic substances and precursor in public places

      1. Non-medical use of narcotic drugs, psychotropic substances and precursors in public places - entails a fine in the amount of five monthly calculation indices.

      2. Action, set forth in the first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine in the amount of ten monthly calculation indices.

      3. Action, set forth in the first part of this Article, committed by a person, who twice during the year is subject to an administrative penalty for non-medical use of narcotic drugs, psychotropic substances and precursors in public places - entails an administrative arrest for fifteen days.

      Footnote. Chapter is supplemented by Article 336-2 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 336-3. Staying of Minors in the Entertainment Places at Night

      1. Staying of minors in the entertainment places at night unaccompanied by legal representatives (from 22 to 6 am) - entails warning for the legal representatives.

      2. Action, set forth in the first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for the legal representatives in the amount of five to ten monthly calculation indices.

      Footnote. Chapter 22 is supplemented by Article 336-3 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2).

Article 336-4. Staying of minors unaccompanied by legal representatives outside the home

      1. Staying of minors unaccompanied by legal representatives outside the home, from 23 to 6:00 am - entails warning for legal representatives.

      2. Action, set forth in the first part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for legal representatives in the amount of five monthly calculation indices.

      Footnote. Chapter is supplemented by Article 336-4 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 337. Appearance of minors in a drunken state in the public places

      Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 338. Games of chance

      1. Gambling (for money, clothes and other valuables) in non-designated areas, as well as acceptance of bets on sporting and other competitions by persons without special permission - entails a fine in the amount of two hundred monthly calculation indices or an administrative arrest for up to ten days with the confiscation of playing accessories, money, possessions and other valuables.

      2. Involvement and admission of the citizens of the Republic of Kazakhstan under the age of twenty-one in the gambling and (or) betting on the money, clothes and other valuables - entail a fine in the amount of three hundred monthly calculation indices.

      Footnote. Article 338 as amended by the Law of the Republic of Kazakhstan dated January 12, 2007 No. 220 (the order of enforcement see Art. 2).

Article 338-1. Violation of the legislation of the Republic of Kazakhstan on gambling

      1. Failure to meet the requirement on the location of gambling venue, betting offices or bookmaker’s offices in the nonresidential buildings and their placement in the buildings of industrial companies and their complexes, and other industrial, municipal and warehouse facilities, religious buildings (structures), the buildings of state bodies and institutions, educational organizations, health, culture, airports, stations, and stations and stops of all public transport and urban commuter - entails a fine for individuals in the amount of one hundred, for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the suspension of the license.

      2. Organization and conducting of gambling in sites are not established by the legislation of the Republic of Kazakhstan on gambling, or the implementation of activities in the gambling business without a license - entail a fine for individuals in the amount of one hundred, for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the confiscation gaming equipment, regardless of affiliation, legitimizing signs, money and other income received as a result of an administrative offence.

      3. Failure to meet the requirements on the percentage of winning, technologically embedded in the gaming machine - entails a fine for individuals in the amount of one hundred, for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the confiscation of income received as a result of an administrative offence, and with the suspension of a license or without it.

      4. Non-fulfillment by the organizer of gaming activity the conditions to build, ensure the placement of required reserves and their use on the terms and conditions determined by the Laws of the Republic of Kazakhstan - entails a fine for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the suspension of the license.

      5. Installation of gaming machines or their parts to the walls, windows and doors - entails a fine for individuals in the amount of one hundred, for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the suspension of the license.

      6. Implementation by the organizer of gambling industry the activities in the gaming business, not provided by the legislation, and the organization and conducting of online casinos in the Republic of Kazakhstan or organization of gambling and (or) betting, involving the property other than money - entails a fine for individuals in the amount of one hundred, for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the confiscation of gaming equipment, legitimizing marks, money and other income received as a result of an administrative offence.

      7. Non-compliance by the organizer of gambling industry the requirements for equipment funds and gaming seats of gambling establishments with video recording system or violation of the terms of storage the recorded information or fixation conditions - entails a fine for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the suspension of the license.

      8. Failure to establish in a casino at least twenty table games, in the gaming machines hall at least fifty gaming machines - entails a fine for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the suspension of the license.

      9. The use of organizer of gambling industry the gaming machines in violation of the laws of the Republic of Kazakhstan on technical regulation - entails a fine for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business in the amount of three hundred, for legal entities of a large-scale enterprise in the amount of one thousand monthly calculation indices with the suspension of the license.

      9-1. Breach of duty to implement and ensure through the hardware-software complex and other gaming equipment the reception, unified registration of total sum, made rates, processing rates of participants and payment of winning bets or breach of duty to establish gaming equipment that allows participants to observe the development of betting and outcome of the event, to the result of which their rates were made - entails a fine for officials in the amount of two hundred, for individual entrepreneurs and legal entities of medium-sized business - in amount of three hundred, for legal entities of a large enterprise - in the amount of one thousand monthly calculation indices with the suspension of the license or without it.

      10. Committing the acts, specified in the first, fourth, fifth, seventh, eighth, ninth, 9-1 parts of this Article, repeatedly during the year after the imposition of an administrative penalty - entails a fine for individuals in the amount of two hundred, for officials in the amount of three hundred, for individual entrepreneurs and legal entities of medium-sized enterprise in the amount of four hundred, for legal entities of a large-scale enterprise in the amount of two thousand monthly calculation indices with the deprivation of the license.

      11. Committing the acts, specified in the second and six parts of this Article, repeatedly during the year after the imposition of an administrative penalty - entails a fine for individuals in the amount of two hundred, for officials - in the amount of three hundred, for individual entrepreneurs and legal entities of medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices with the confiscation of gambling equipment, legitimizing marks, money and other income received as a result of an administrative offence.

      12. Committing the acts, specified in the third part of this Article, repeatedly within one year after the imposition of an administrative penalty - entails a fine for individuals in the amount of two hundred, for officials - in the amount of three hundred, for individual entrepreneurs and legal entities of medium-sized business - in the amount of four hundred, for legal entities of a large enterprise - in the amount of two thousand monthly calculation indices with the confiscation of income obtained as a result of an administrative offence, and with the revocation of the license or without it.

      Footnote. The Code is supplemented by Article 338-1 in accordance with Law of the Republic of Kazakhstan dated 12.01.2007 No. 220 (the order of enforcement see Art. 2) as amended by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 339. Advertising the products of erotic content

      Sale, distribution or advertising of the products of erotic in non-designated places - entails a fine up to twenty monthly calculation indices with the confiscation of the products of erotic content.

Article 340. Violation of the rules for protection and use of historical and cultural monuments

      Violation of rules for protection and use of historical and cultural monuments protected by the State - entails a fine for individuals - up to five, for officials - up to ten monthly calculation indices.

      Footnote. Article 340 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 341. Desecration of historical and cultural monuments or natural site

      1. Desecration of historical and cultural monuments and natural sites, protected by the state, if the action does not have elements of a criminal offence - entails a fine in the amount of five to ten monthly calculation indices.

      2. The same actions, as well as the desecration of burial places of people committed by juveniles under the age of sixteen, - entails a fine for parents or guardians - up to ten monthly calculation indices.

Chapter 23. Administrative offences in the field of press and information

Article 342. Violation of the legislation of the Republic of Kazakhstan on mass media

      1. Dissemination of the media products, as well as communications and materials of the news agency without registration or after the decision on the suspension of their issue (broadcast) or the recognition of the certificate of registration as invalid - entails a fine for officials in the amount of five to ten, for the owners of the media, legal entities of small and medium-sized business - in the amount of ten to fifty, for legal entities of a large enterprise - in the amount of two hundred to three hundred monthly calculation indices with the confiscation of mass media products.

      2. Dissemination of programs on broadcasters channels in the official language of the time less than the total volume of transfers in other languages ??- entails a fine for officials in the amount of five to ten, for the owners of the media, legal entities of small and medium-sized business - in the amount of ten to fifty, for legal entities of a large enterprise - in the amount of two hundred to three hundred monthly calculation indices with the confiscation of printed or other products and with the suspension of the issue (broadcast) of the media for up to three months.

      3. Action, provided by second part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for officials in the amount of twenty to fifty, for the owners of the media, legal entities of small and medium-sized business - in the amount of one hundred and fifty to two hundred and fifty, for legal entities of a large enterprise - in the amount of five hundred to a thousand monthly calculation indices with the deprivation of the license for television and (or) radio and the prohibition of the issue (broadcast) of the media.

      4. Production, manufacturing, printing and (or) distribution of the media products, as well as communications and materials of the news agency without reassessment in the cases of change of the ownership or its legal form, the name and the name of the media, change the language of publication or broadcast, the distribution territory, the main thematic focus, frequency of issue - entail a fine for officials in the amount of twenty to forty, for the owners of the media, legal entities of small and medium-sized business - in the amount of one hundred to two hundred, for legal entities of a large enterprise - in the amount of eight hundred to a thousand monthly calculation indices with the suspension of issue (broadcast) of the media for up to three months.

      5. The actions, specified by fourth part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails the prohibition of the issue (broadcast) of the media.

      6. Rebroadcast of the television and radio programs of foreign media in violation of legislation - entails a fine for officials in the amount of forty to fifty, for the owners of the media, legal entities - in the amount of seventy to one hundred monthly calculation indices.

      7. Action, provided by sixth part of this Article, if repeated within one year after the imposition of an administrative penalty - entails a fine for officials in the amount of seventy to one hundred, for the owners of the media, legal entities - in the amount of one hundred and fifty to two hundred monthly calculation indices with the suspension the issue of (broadcast) the media for up to three months.

      Footnote. Article 342 is in the wording of the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 5, 2006 No. 156 (the order of enforcement see Art. 2), dated June 19, 2007 No. 264 (the order of enforcement see Art. 2 of the Law), dated 06.02.2009 No. 123-IV (the order of enforcement see Art. 2).

Article 342-1. Violation of the legislation of the Republic of Kazakhstan on broadcasting

      1. Violations of the legislation of the Republic of Kazakhstan on broadcasting by TV and radio companies, committed as follows: Broadcasting by the national TV and radio channels the domestic radio and television programs less than the established norm;

      Broadcasting on TV channel the news program, without providing sign language interpretation or translations as subtitles;

      Broadcasting on the channel additional information, exceeding fifteen per cent of the frame - entails a fine for individual entrepreneurs, officials - in the amount of twenty to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred to three hundred monthly calculation indices.

      2. Actions, provided by first part of this Article, if repeated within one year after the imposition of an administrative penalty - entail a fine for individual entrepreneurs and officials - in the amount of fifty to one hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty to two hundred, for legal entities of a large enterprise - in the amount of three hundred to four hundred monthly calculation indices.

      3. Violations of the legislation of the Republic of Kazakhstan on broadcasting by the broadcasting operators, committed as follows: organization of the system of collective reception without the written consent of the owners of the building and (or) buildings;

      non-dissemination by broadcasting operators the mandatory television and radio channels;

      violation of the conditions of rebroadcast of TV and radio channels by the broadcasting operators - entails a fine for individual entrepreneurs, officials - in the amount of twenty to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred to three hundred monthly calculation indices.

      4. Actions, specified in the third part of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individual entrepreneurs and officials - in the amount of fifty to one hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty to two hundred, for legal entities of a large enterprise - in the amount of three hundred to four hundred monthly calculation indices.

      5. Violation of the legislation of the Republic of Kazakhstan on broadcasting by TV and radio broadcasters and operators, committed as follows:

      distribution of TV programs, which are likely to impair the physical, mental, healthy, moral and spiritual development of children and adolescents, as well as movies, indexed in accordance with the law of the Republic of Kazakhstan "On Culture" by index "E 18", in the period from 06.00 to 22.00 local time;

      late distribution within fifteen minutes by the broadcasting operators and TV and radio companies the public alert about the threat to the life, health and the operating procedures in the current circumstances in natural and man-made emergency situations, as well as in the interests of defense, national security and law enforcement;

      using the technical means of broadcasting, which have not undergone conformity assessment procedures;

      interfering the radio transmitter and (or) radio receiving communications through individual ground satellite receiving equipment;

      distribution by broadcasting operators of foreign TV and radio channels, which are not registered in the authorized agency - entails a fine for individual entrepreneurs, officials - in the amount of twenty to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred to three hundred monthly calculation indices.

      6. Actions, specified in the fifth part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individual entrepreneurs and officials - in the amount of fifty to one hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred and fifty to two hundred, for legal entities of a large enterprise - in the amount of three hundred to four hundred monthly calculation indices.

      Footnote. Chapter 23 is supplemented by Article 342-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 343. Giving the permit for publication in the media the materials, aimed to incitement of national hatred

      Giving the permit to publish in print and other media the information and materials aimed at inciting racial, ethnic, social and religious hatred, advocatinges exclusivity, war, calling for the violent overthrow of the constitutional order and the violation of the territorial integrity of the Republic - entails a fine for officials in the media in the amount of one hundred to four hundred monthly calculation indices or an administrative arrest for up to fifteen days with the confiscation of printed materials.

      Footnote. Article 343 as amended by the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Art. 2).

Article 344. Manufacture, storage, import, transport, spread on the territory of the Republic of Kazakhstan the products of the media and other products

      1. Manufacture, storage, import, transport in the Republic of Kazakhstan of the media products, containing information and materials aimed at propaganda or agitation to change the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, incitement of social, racial, national, religious, and tribal strife, the cult of cruelty, violence and pornography - entails a fine for individuals of up to twenty, for officers, entrepreneurs - in the amount of up to twenty-five, and for legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to one hundred, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices with the confiscation of the media products.

      2. Spread in the territory of the Republic of Kazakhstan of media products that contains information and materials aimed at propaganda or agitation to change the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, incitement of social, racial, national, religious, and tribal strife, propaganda and justification of extremism and terrorism, as well as revealing the techniques and tactics of anti-terrorist operations in the period of their execution, if these actions do not contain elements of a criminal offence - entails a fine for individuals in the amount of up to twenty, for officers, entrepreneurs - in the amount of up to twenty-five, and for legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to one hundred, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices with the confiscation of the media products.

      3. Actions, specified in the first and second parts of this Article, committed repeatedly within one year after the imposition of an administrative penalty - entail a fine for individuals in the amount of fifty to one hundred, and for legal entities and individual entrepreneurs - in the amount of one hundred to two hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred to three hundred, for legal entities of a large enterprise - in the amount of one thousand to one thousand five hundred monthly calculation indices with the deprivation of the license for the organization of television programs and (or) radio, and prohibition of the activity of the legal entity.

      4. Manufacture, storage, import, transport, distribution in the territory of the Republic of Kazakhstan other products, which are not related to the media, containing the information and materials aimed at propaganda or agitation to change the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, incitement social, racial, national, religious, and tribal strife, the cult of cruelty, violence and pornography, if these actions do not contain elements of a criminal offence - entail a fine for individuals - in the amount of fifty to two hundred monthly calculation indices, for officials - in the amount of one hundred to two hundred monthly calculation indices or an administrative arrest for up to fifteen days, and for legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred to three hundred, for legal entities of a large enterprise - in the amount of one thousand to one thousand five hundred monthly calculation indices with the confiscation of products.

      5. Actions, specified in the third and fourth parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individuals in the amount of two hundred to two hundred and fifty monthly calculation indices, for officials - in the amount of two hundred to three hundred, for legal entities of small or medium-sized business or non-profit organizations - in the amount of three hundred to four hundred, for legal entities of a large enterprise - in the amount of one thousand five hundred to two thousand monthly calculation indices with the deprivation of the license for television and (or) radio, and prohibition of the activity of the legal entity.

      Footnote. Article 344 is in the wording of the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 08.04.2010 No. 266-IV (the order of enforcement see Article 2), dated 12.01.2012 No. 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 345. Violation of the right to refute the information and to publish a response by mass media

      Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 346. The impact on the court by the media

      Prejudging in the mass media of the results of the trial on any case or impact to the court prior to the entry into force of a judicial act - entails a fine for officials - in the amount of up to twenty-five monthly calculation indices.

      Footnote. Article 346 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 347. Giving false information and materials to the media

      Giving the false information and materials to the media - entails a fine for individuals in the amount of up to fifteen, for officials - in the amount of up to twenty-five monthly calculation indices.

      Footnote. Article 347 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 348. Violation of the order of granting the compulsory free copies of the periodic printed publications, recording, storage of the materials of TV and radio programs

      1. Violation of the order of granting the compulsory free copies of periodicals, as well as recording and storing of the materials of television and radio programs -entails a fine of up to ten monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine in the amount of up to fifteen monthly calculation indices and the suspension of the production (broadcast) of media for up to three months.

      Footnote. Article 348 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 349. Violation of the legislation of the Republic of Kazakhstan on advertising

      1. Production, distribution, placement and use of advertising of the products (works and services), banned to advertising by laws of the Republic of Kazakhstan - entail a fine for individuals in the amount of fifty to one hundred, for individual entrepreneurs, officials - in the amount of seventy to one hundred, for legal entities of small and medium business or non-profit organizations - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred to four hundred monthly calculation indices.

      2. Violation of the requirements of laws of the Republic of Kazakhstan for languages of advertising - entails a fine for individuals in the amount from ten to twenty, for individual entrepreneurs, officials - in the amount of fifty to seventy, for legal entities of small and medium-sized business or non-profit organizations - in the amount of one hundred to two hundred, for legal entities of a large enterprise - in the amount of two hundred to four hundred monthly calculation indices.

      3. The same actions, committed with the use of the mass media - entail a fine for individuals - in the amount of seventy to one hundred, for individual entrepreneurs and officials - in the amount of one hundred to one hundred and fifty, for legal entities of small and medium-sized business or non-profit organizations - in the amount of one hundred and fifty to two hundred, for legal entities of a large enterprise - in the amount of three hundred to five hundred monthly calculation indices.

      4. The actions, specified in the first, second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals - in the amount of one hundred to one hundred and fifty, for individual entrepreneurs and officials - in the amount of one hundred and fifty to one hundred and seventy, for legal entities of small and medium business or non-profit organizations - in the amount of two hundred to three hundred , for legal entities of a large enterprise - in the amount of four hundred to six hundred monthly calculation indices with the suspension of production (broadcast) of the media for up to three months.

      Footnote. Article is in the new wording of the Law of the Republic of Kazakhstan dated June 19, 2007 No. 264 (the order of enforcement see Art. 2 of the Law).

Article 349-1.

      Footnote. Article 349-1 is excluded in accordance with the Law of the Republic of Kazakhstan dated June 19, 2007 No. 264 (the order of enforcement see Art. 2 of the Law).

Article 350. Violation of the order of announcement of date-line

      1. Issue of the periodical without installed date-line, broadcasting of television and radio programs of electronic media without announcing on the air its name, as well as with unclear or obviously false imprint - entail a fine in the amount of up to twenty monthly calculation indices with the confiscation of circulation of the media products, or without it.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine in the amount of up to fifty monthly calculation indices with the confiscation of circulation of the products and equipment, used for the production and distribution of media products or without it, or the suspension of the issue (broadcast) of the media for up to three months.

      Footnote. Article 350 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated 06.02.2009 No. 123-IV (the order of enforcement see Art. 2).

Article 351. Violation of privacy of authorship and source of information

      Disclosure the secrets of authorship and source of information by the official of media, who in writing obligated to hold it confidential - entails a fine in the amount of up to fifty monthly calculation indices.

      Footnote. Article 351 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 352. Impeding to legal professional activity of a journalist

      1. The creation of conditions, preventing the fulfillment by a journalist the legal professional activity or completely deprives him (her) of this opportunity - entails a fine for up to fifty monthly calculation indices.

      2. Unjustified refusal or failure to submit within the terms the information requested by the journalist - entails a fine for officials in the amount of up to fifty monthly calculation indices.

      Footnote. Article 352 is in the wording of the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Chapter 24. Administrative offences against the established order of administration

Article 353. Promulgation and application of illegal normative legal act

      1. Promulgation by official of the government body of illegal normative legal act affecting the rights, freedom and responsibilities of individuals and the legitimate interests of business entities and state, contrary to the Constitution or other legislative acts - entails a fine in the amount of up to fifteen monthly calculation indices.

      2. Deliberate illegal application by officials of the central executive and other government agencies, as well as by local representative and executive agencies the normative legal acts, expired according to the established procedure and found incompetent by the court, officially unpublished in the prescribed manner, or the effect of which is suspended by the authorized bodies, and failed to pass the state registration in the justice agency - entails a fine in the amount of up to twenty monthly calculation indices.

      Footnote. Article 353 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 354. Violation of the rules for state registration of normative legal acts

      1. Violation by officials of the rules, established by legislation on the state registration of normative legal acts, affecting to the rights, freedom and duties of citizens - entails a fine in the amount of up to twenty monthly calculation indices.

      2. Action, specified in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine - in the amount of twenty to twenty-five monthly calculation indices.

      Footnote. Article 354 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 354-1. Violation of the order of using of National Flag of the Republic of Kazakhstan, National Emblem of the Republic of Kazakhstan and use and execution of the National Anthem of the Republic of Kazakhstan

      1. Illegal use of the National Flag of the Republic of Kazakhstan, the National Emblem of the Republic of Kazakhstan and their images, as well as the use and execution of the National Anthem of the Republic of Kazakhstan in violation of the requirements of laws of the Republic of Kazakhstan - entails a fine - in the amount of two hundred monthly calculation indices.

      2. Failure to use the national symbols, in the cases where their use is mandatory - entails a fine for officials in the amount of two hundred monthly calculation indices.

      3. Actions, specified in the first and second parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of four hundred monthly calculation indices.

      Footnote. Chapter 24 is supplemented by Article 354-1 in accordance with the Law dated 05.12.2003 No. 506, in the wording of the Law of the Republic of Kazakhstan dated 28.06.2012 No. 24-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 354-2. Violation of the order of subsequent official publication of the texts of normative legal acts

      Violation of the order of subsequent official publication of the texts of normative legal acts - entails a fine for individual entrepreneurs in the amount of twenty to thirty, and for legal entities - in the amount of fifty to one hundred monthly calculation indices with the confiscation of the circulation of the products or without it.

      Footnote. Chapter is supplemented by Article 354-2 in accordance with the Law of the Republic of Kazakhstan dated October 21, 2005 No. 80.

Article 354-3. Violation of the deadline for state registration of rights on real estate

      Footnote. Title of Article 354-3 as amended by the Law of the Republic of Kazakhstan dated 25.03.2011 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Violation of the deadline for the state registration of rights to real estate, established by the Law of the Republic of Kazakhstan "On the state registration of rights on real estate"- entails a fine for individuals in the amount of ten, for legal entities - in the amount of twenty monthly calculation indices.

      Footnote. The Code is supplemented by Article 354-3 in accordance with the Law of the Republic of Kazakhstan dated 26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after the official publication) as amended by the Law of the Republic of Kazakhstan dated 25.03.2011 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 355. Non-fulfillment of the regulations or malignant disobeying to a lawful order or demand of an official of the Prosecution, Interior affairs (police), National security, Security service of the President of the Republic of Kazakhstan, Financial and Military police, the Customs body, the Border service of the National Security Committee of the Republic of Kazakhstan, the State Fire Service and the Authorized body in the field of industrial safety

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Failure to comply with the regulations and other legal requirements of an official of the Prosecution, the Interior Affairs (Police), National Security, Security Service of the President of the Republic of Kazakhstan, financial and military Police, Customs body, the Border Service of the National Security Committee of the Republic of Kazakhstan, the State Fire Service and the authorized in the field of industrial safety - entails a fine for officials, entrepreneurs - in the amount of up to fifty, for legal entities of small and medium-sized business - in the amount of one hundred to two hundred, for legal entities of a large enterprise - in the amount of two hundred to five hundred monthly calculation indices.

      2. Malignant disobedience of a lawful order or demand, as well as an insult or threat of violence against an official of the prosecution, the Interior Affairs (police), National Security, financial and military Police, Security Service of the President of the Republic of Kazakhstan, the Customs body, the Border Service of the National Security Committee of the Republic of Kazakhstan, the State Fire Service and the authorized body in the field of industrial safety in the performance of their official duties - entails a fine in the amount of up to fifty monthly calculation indices or an administrative arrest for up to fifteen days.

      Footnote. Article 355 as amended by the Law of the Republic of Kazakhstan dated 12.07.2001 No. 240, dated 09.08.2002 No. 346, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 26.05.2008 No. 34-IV (the order of enforcement see Art. 2), dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 355-1. Violation of the protective order

      Violation of a protective order, passed by Internal Affairs body - entails a fine in the amount of up to five monthly calculation indices.

      Footnote. Chapter 24 is supplemented by Article 355-1 in accordance with the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Article 356. Impeding to officers of the state inspections and agencies of the state control and supervision in the performance of their duties, non-fulfillment the regulations, instructions and other requirements

      Footnote. Title of Article 356 is in the wording of the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced from 26.07.2012).

      1. Impeding to officers of the State inspections and Agencies of the State control and supervision in the performance of their duties in accordance with their competence, expressed in refusal to submit the required documents, records, statistics (except for the basic statistics) and other information, information about the activities, income, fitting with metered energy resources, the amount of consumption and loss of energy resources, water, on calculation and payment of insurance premiums, the use of nuclear energy, in refusing for admission for conducting by the decision of the authorized body the audit, inspection, inventory, expertise and other actions under legislation, or the creation of other obstacles to their implementation, or submission of false information - entails a fine for individuals in the amount of three, for officials - in the amount of two hundred monthly calculation indices.

      2. The actions, specified in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individuals in the amount of seven, for officials - in the amount of four hundred monthly calculation indices.

      Note of the RCLI!
      There are changes to paragraph 3 of the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2017).

      3. Non-performance or improper performance of the legal requirements or orders, reports, regulations issued by the Agencies of State control and supervision (officials), public officials within their competence, except the cases provided in Articles 130, 147-9, 172-1, 172 2, 216, 219, 219-10, 305, 313, 317, 317-1, 317-4, and Articles 317-1, 362, 381, 474, 486, 522, 528 of this Code - entails a fine for individuals in the amount of up to five, for officials and entrepreneurs -in the amount of up to fifteen monthly calculation indices.

      4. Disruption of the stamp (seal), imposed by an official of the authorized body, except the cases specified in the second part of Article 481, the first part of Article 482 of this Code - entails a fine for individuals in the amount of up to five, for officials -in the amount of up to ten monthly calculation indices.

      Footnote. Article 356 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 09.12.2004 No. 10, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009), dated 19.03.2010 No. 258-IV; dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after the first official publication), dated 13.01.2012 No. 542-IV (shall be enforced from 26.07.2012), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07. 2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 356-1. Illegal transfer of control and supervision functions

      Illegal transfer of control and supervision functions by public officials to unauthorized persons - entails a fine in the amount of twenty to fifty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 356-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 356-2. Unwarranted appropriation of title of a representative of the authority or an official of the public office

      1. Unwarranted appropriation of title of a representative of the authority or an official of the public office, in order to obtain power, if the act does not contain the elements of a criminal offence - entails a fine for individuals in the amount of thirty to fifty monthly calculation indices.

      2. Action, specified in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of fifty to one hundred monthly calculation indices.

      Footnote. Chapter is supplemented by Article 356-2 in accordance with the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 357. Arbitrariness

      Arbitrariness that is illegal, contrary to order established by law any act, commitment by a person, the validity of which is disputed by another person or organization, if such action has no sign of a criminal offence - entails a warning or penalty for individuals of up to five, for officials - up to twenty monthly calculation indices.

      Footnote. Article 357 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 357-1. Engagement in Business or Other Activities, and the Implementation of Actions (Operations) without Registration or License, Special Permit, Qualification Certificate (certificate), Another Resolution, Notice

      Footnote. Title of Article is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Out business or other activities, and the implementation of actions (operations) without registration or license, special permit, qualification certificate (certificate), another permit, notification in cases where authorization, license, qualification certificate (certificate), the notice required if these acts do not contain elements of a criminal offence, - entails a fine on individuals for up to twenty, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount of thirty to forty, for legal entities agents of big business - in the amount of one hundred to two hundred monthly calculation indices with confiscation of objects and (or) the instrumentalities of administrative offences or without it, and entrepreneurial or other activity without a license in addition results in confiscation of income (dividends), money, securities, obtained as a result of an administrative offence.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individuals for up to fifty, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount of fifty to one hundred, on legal entities of a large enterprise - in the amount of three hundred to seven hundred monthly calculation indices with confiscation of objects and (or) the instruments of an administrative offence, and engaging in entrepreneurial activities without a license in addition results in confiscation of income (dividends), money, securities received as a result of an administrative offence.

      Note. Liability under this section is not subject to the notification of currency transactions carried out in accordance with the Law of the Republic of Kazakhstan "On Currency Regulation and Currency Control", as well as the notification made in accordance with the Law of the Republic of Kazakhstan "On natural monopolies and regulated markets."

      Footnote. Chapter is supplemented by Article 357-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 357-2. Violation of the rules for licensing

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

      1. Violation of the laws of the Republic of Kazakhstan licensing standards, including inconsistency qualification requirements to licensed activities - entails a fine for individuals in the amount of ten to twenty, to entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty to one hundred, on legal entities of a large enterprise - in the amount of one to two hundred monthly calculation indices to suspend the license for a particular activity or not.

      2. Licensees knowingly false information to obtain a license, and actions (inaction), provided the first part of this Article committed repeatedly within a year after the imposition of an administrative penalty, as well as failure to eliminate violations of licensing that led to administrative responsibility, upon the expiration of the suspension of license - entails a fine for individuals in the amount of twenty to forty, to entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred to three hundred monthly calculation indices, deprivation of license for a certain of activity.

      Footnote. Chapter is supplemented by Article 357-2 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006) as amended by the Laws of the Republic of Kazakhstan dated July 27, 2007 No. 320 (shall be enforced from August 9, 2007), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 357-3. Violation of the order and term of issuance of license, special permit, qualification certificate (certificate) for business activity

      1. Breach of the term license, special permit, qualification certificate (certificate) to engage in a certain of business - entails a fine on officials in the amount of up to fifty monthly calculation indices.

      2. Issuance of a license, a special permit, qualification certificate (certificate) in violation of the procedure established by law - entails a fine on officials in the amount of up to fifty monthly calculation indices.

      3. Actions described in paragraphs one and two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine on officials in the amount of sixty to seventy monthly calculation indices.

      Footnote. Chapter is supplemented by Article 357-3 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended by the Law of the Republic of Kazakhstan dated January 12, 2007 No. 222 (shall be enforced upon expiry of six months from the date of its publication).

Article 357-4. Violation of Kazakhstan’ legislation on state registration of legal entities and registration of branches and representative offices

      Footnote. Title of Article 357-4 is in the wording of the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Activity without re-registration of legal entity, branch or representative office in the cases stipulated by law - entails a fine for legal entities of small or medium-sized business or non-profit organizations, in the amount of twenty, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      2. Late notification of the registering authority to change the location of the legal entity - entails a fine for legal entities of small or medium-sized business or non-profit organizations, in the amount of ten, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 357-4 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 357-5. Failure to return the license and (or) the application for license, the licensor

      Failure to return the license and (or) the application for a license to the licensor by the licensee within ten working days of the termination of the license and (or) the application for a license - entails a fine for individuals in the amount of up to ten, for officials -in the amount of up to twenty, for legal entities - for up to two hundred and monthly calculation indices.

      Footnote. Chapter is supplemented by Article 357-5 in accordance with the Law of the Republic of Kazakhstan dated January 12, 2007 No. 222 (shall be enforced upon expiry of six months from the date of its publication).

Article 357-6. Violation of the legislation of the Republic of Kazakhstan on the national registers of identification numbers

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008).

      1. Disclosure of information contained in the national registers of identification numbers that cannot be disclosed, as well as a violation of the laws of the Republic of Kazakhstan on the national registry identification numbers - entail a fine on officials in the amount of ten to twenty monthly calculation indices.

      2. Actions envisaged in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on officials in the amount of twenty to thirty monthly calculation indices.

      Footnote. The Code is supplemented by Article 357-6 in accordance with the Law of the Republic of Kazakhstan dated 12.01.2007 No. 224 (shall be enforced from 01.01.2012), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008).

Article 357-7. Violation of the requirements for the activities of the installation, adjustment and maintenance of intruder alarm

      1. Violation by individuals or legal entities of requirements of Law of the Republic of Kazakhstan "On the security activity" to the activities of the installation, commissioning and maintenance of intruder alarms, - entails a fine for individuals in the amount of ten, the entrepreneurs, legal entities of small or medium enterprises - in the amount of one hundred, on legal entities of large enterprises - in the amount of one hundred and fifty monthly calculation indices.

      2. Action set forth in the first paragraph, if repeated within a year after the imposition of an administrative penalty, as well as failure to remedy violations under part one of this Article, which caused to administrative responsibilities - entail a fine for individuals in the amount of forty, entrepreneurs, legal entity s who are the subjects of small and medium enterprises - in the amount of one hundred and fifty, for legal entities of large enterprises -in the amount of three hundred monthly calculation indices to prohibited activities.

      Footnote. Chapter 24 is supplemented by Article 357-7 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 358. Failure to comply with local bodies and other competent bodies of responsibilities established by the tax legislation

      1. Non-transfer, untimely or incomplete transfer of local bodies or authorized agencies of taxes and other obligatory payments to the budget, to be transferred to the budget in accordance with the tax law bodies referred to in this part - entails a fine on officials in the amount of thirty monthly calculation indices.

      2. Failure to submit, untimely, misleading or incomplete view of local bodies and other competent bodies with information specific tax legislation for submission to the tax bodies - entails a fine on officials in the amount of thirty monthly calculation indices.

      3. Failure to issue and (or) the issuance of once-only coupon below the cost of local bodies or authorized agencies, as well as failure to comply with tax requirements imposed on the organization of work on the issue of one-off coupons - entails a fine on officials in the amount of thirty monthly calculation indices.

      4. Actions (inaction), stipulated in the first, second and third paragraphs of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on officials in the amount of sixty monthly calculation indices.

      Footnote. Article 358 is in the wording of the Law of the Republic of Kazakhstan dated December 13, 2004 No. 11 (shall be enforced from January 1, 2005); as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 358-1. Violation of the rules for recording and further use of the property, received to the state on separate grounds, in cases of legislation

      1. Incomplete and (or) late transfer to the authority of the property, received to the state on separate grounds, in the cases stipulated by legislative acts, - entails a fine for individuals in the amount of eight, on officials - in the amount of fifteen, for legal entities - in the amount of forty-five monthly calculation indices.

      2. Failure to comply with the treatment, storage, evaluation and sale of property, received to the state on separate grounds, in the cases stipulated by legislative acts and late transfer to the state budget amounts from the sale of such property - entails a fine on officials in the amount of fifteen, for legal entity s - in the amount of forty-five monthly calculation indices.

      Footnote. Supplemented by Article 358-1in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506. As amended dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007).

Article 359. Disclosure of information constituting tax secret

      Disclosure of information constituting tax secret, without professional or official duty by persons who become aware of such information in accordance with the laws of the Republic of Kazakhstan, - entails a fine in the amount of twenty to forty monthly calculation indices.

      Footnote. Article 359 as amended by the Laws of the Republic of Kazakhstan dated July 12, 2001 No. 240, dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009).

Article 360. Implementation bodies (organizations) authorized by the government, an action without the collection of taxes and other obligatory payments to the budget, as well as without the statements of such payment

      1. Implementation bodies (organizations) authorized by the government, legal actions under the legislation of the Republic of Kazakhstan without levying taxes and other obligatory payments to the budget - entails a fine on officials in the amount of thirty monthly calculation indices.

      2. Implementation bodies (organizations) authorized by the government, legal actions under the legislation of the Republic of Kazakhstan, without the document confirming the payment of taxes and other obligatory payments to the budget, in cases where the receipt of the document confirming the legislative acts, - entails a fine on officials in the amount of thirty monthly calculation indices.

      3. Actions described in paragraphs one and two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine on officials in the amount of seventy monthly calculation indices.

      Footnote. Article 360, as ??amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007).

Article 361. Denial of tax registration or violation of the terms of tax registration

      1. Denial of the taxpayer for registration or registration of the taxpayer as a payer of value added tax, as well as violation by the tax authority the tax legislation timing of such registration (registration) - entails a fine on the head of the tax authority in the amount of from ten to twenty monthly calculation indices.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails fine on the head of the tax authority in the amount of twenty to forty monthly calculation indices.

      Footnote. Article 361 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 362. Violation of a state of emergency

      Violation of or failure to comply with established public authority in connection with the declaration of a state of emergency, in part:

      1) special regime of entry and exit;

      2) prohibition for certain individuals to leave for a fixed period certain region, the apartment (house), and the regulations on expelling troublemakers who are not residents of the area, at their own expense to the place of permanent residence or outside the localities where a state of emergency;

      3) a ban on holding meetings, rallies, marches and demonstrations, as well as entertainment, sports and other public events;

      4) the prohibition of the right to strike;

      5) restrictions or prohibitions on arms, strong chemical and toxic substances, as well as alcohol and alcohol-containing substances;

      6) of the quarantine and other mandatory anti-epidemic measures;

      7) restricting or prohibiting the use of copying equipment, as well as radio and television broadcasting equipment, audio and video recording equipment, orders seizure sound-amplifying equipment, measures to ensure the control of the media;

      8) special rules of usage;

      9) limit the movement of vehicles and of their search;

      10) The prohibition of finding individuals during the curfew without specially issued passes and documents certifying their identity, on the streets or in other public places, or stay out of their homes without identity documents - entail a warning or a fine in the amount of up to ten monthly calculation indices or administrative arrest for up to fifteen days.

      Footnote. Article 362 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2).

Article 362-1. Violation of the legal regime in the area of anti-terrorist operations

      Breach or non-fulfillment of the legal regime of the requirements established in connection with the announcement of the anti-terrorist operation, in part:

      1) special regime of entry and exit;

      2) prohibition of finding individuals to particular areas of land and facilities, as well as obstruction of towing vehicles;

      3) obstruction of verification of identity documents of individuals, conduct a personal inspection and examination of the luggage of the individual, inspecting vehicles;

      4) special rules of usage;

      5) removal of obstruction of vehicles delivered to those in need of urgent medical treatment in hospitals, transportation to the place of an act of terrorism and for the prosecution and detention of persons suspected of having committed an act of terrorism, if the delay could jeopardize the life or health people;

      6) suspension of hazardous production facilities;

      7) obstruction to temporary resettlement of individuals residing in the territory where the state of the legal regime of anti-terrorist operations;

      8) quarantine, the sanitary-epidemiological, veterinary measures and activities on plant quarantine;

      9) impeding the penetration of residential and other premises owned by or in the possession and use of individual and legal entity s, and on the land belonging to them by right of private property or land use rights;

      10) restrictions or prohibitions on arms, ammunition, explosives, strong chemical and toxic substances, establish a special regime trafficking of drugs, narcotics, psychotropic substances and precursors, ethyl alcohol and alcoholic beverages -entails a fine for individuals in the amount of ten to twenty monthly calculation indices or administrative arrest for up to fifteen days, for officials, entrepreneurs - a fine in the amount of thirty to fifty, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to one hundred and fifty, for legal entities of a large enterprise - in the amount of two hundred to two hundred and fifty monthly calculation indices with the suspension of the hazardous production facilities.

      Footnote. Chapter 24 is supplemented by Article 362-1 in accordance with the Law of the Republic of Kazakhstan dated 08.04.2010 No. 266-IV (the order of enforcement see Art. 2).

Article 363. Actions that provoke breach of law and order in a state of emergency

      Actions which cause violation of law and order or incite ethnic and religious strife, active obstruction of individuals and officials of their legal rights and responsibilities, as well as willful disobedience of a lawful order or demand of the bodies of internal affairs, national security, military, government officials, or the public, perform employment or social duty to protect public order, or actions that violate public order and tranquility of individuals, as well as a violation of the law on administrative supervision, committed in areas where a state of emergency - entails a fine in the amount of up to ten monthly calculation indices or administrative detention for up to thirty days.

      Footnote. Article 363 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 364. Violation of the rules for recording, storage or use of color copying, improper opening of stamp-engraving business

      1. Violation of the rules for recording, storage, or use of color copying (quick printers, copiers, drip-jet, laser printers, and scanners) - entails a fine for legal entities of small or medium-sized business or non-profit organizations in the amount of ten to twenty, for legal entities of a large enterprise - in the amount of thirty to forty monthly calculation indices.

      2. Violation of legal rules and officials open stamp-engraving business -

      entails a fine in the amount of ten to twenty monthly calculation indices.

      Footnote. Article 364 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 365. Failure of the action taken and (or) the failure to eliminate the causes and conditions which led to the commission of the offence

      Footnote. Title of Article 365 as amended by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

      Failure of an authorized person and the other officers of the measures taken, as well as taking measures to eliminate the causes and conditions that led to the commission of crimes or administrative offences, according to representations of bodies (officials) that examined the case - entails a fine on officials in the amount of up to ten monthly calculation indices.

      Footnote. Article 365 as amended by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Article 366. Violation of legislation on administrative supervision

      1. Violation of legislation on administrative supervision by the person to whom surveillance was installed - entails a warning or a fine in the amount of one and two monthly calculation indices.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of two to five monthly calculation indices, and in cases where the circumstances of the case and taking into account the individual offender application of these measures will be inadequate - administrative arrest of up to fifteen days.

      Footnote. Article 366 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 367. Transfer to persons detained in the criminal-executive system, pre-trial detention, illegal substances and items

      1. Hidden from inspection of transfer or attempt to transfer any way to those in the criminal-executive system, detention centers, alcohol, drugs and other substances with a narcotic effect, money, food, goods and other items prohibited for storage and use in these institutions - entails a warning or a fine in the amount of up to two monthly calculation indices with confiscation of the object, which appeared instrument or subject of an administrative offence.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine calculation indices of five to ten monthly calculation indices or administrative arrest for up to thirty days.

      Footnote. Article 367 as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 15.02.2012 No. 556-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 368. Violation of the order of acquisition, storage, carrying, sale or transfer of weapons by individuals civil

      1. The purchase, possession, carrying, transfer to other persons or individuals selling civilian weapons without permission of the Interior - entails a fine in the amount of one to five monthly calculation indices and confiscation of weapons or without it.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of five to ten monthly calculation indices and confiscation of weapons or without.

      Note. A person who voluntarily surrendered civilian weapons, released from liability if his actions do not make it an offence otherwise.

      Footnote. Article 368 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 368-1. Violation of the order of storage, keeping, use, transportation, destruction, import, export, civil pyrotechnic substances and products with their application

      1. Violation of the order of storage, keeping, use, transportation, destruction, import, export, civil pyrotechnic substances and products with their use of individual and legal entity s having a license to trade, exhibiting them - entails a fine for individuals in the amount of up to one, for legal entities of small or medium-sized business or non-profit organizations - in the amount of five to seven, and on legal entities of a large enterprise - in the amount of twenty to twenty-five monthly calculation indices with forfeiture civil pyrotechnic substances and products with their application .

      2. Action (inaction), referred to in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of two to three, and on legal entities of small or medium-sized business or non-profit organizations - in the amount of ten to fifteen, for legal entities of a large enterprise - in the amount of thirty to thirty-five monthly calculation indices with confiscation civil pyrotechnic substances and products with their application.

      Footnote. Article 368-1 is supplemented by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 369. Violation of the rules of acquisition, storage, use or transportation of civil and service weapons, ammunition

      1. Violation of the rules of acquisition, storage, use or transportation of civilian weapons, ammunition by individuals who have permission from the Interior to keep, carry weapons - entails a fine in the amount of one to five monthly calculation indices.

      2. Violation of the rules of acquisition, storage, or transportation service weapons, ammunition workers organizations responsible for their safety, as well as use their service weapons and ammunition for other purposes - entails a fine in the amount of five to fifteen monthly calculation indices with compensated seizure of civil weapons or not.

      Footnote. Article 369 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 370. Misuse of the gas weapon

      1. Illegal use of gas weapons - entails a fine in the amount of five to ten monthly calculation indices.

      2. Action set forth in the first paragraph, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of ten to fifteen monthly calculation indices and confiscation of weapons or without.

      Footnote. Article 370 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 371. Violation of the order of registration (re-registration) of civilian and service weapons or order of its registration statement

      1. Violation of the order of registration (re-registration) of civilian and service weapons or the rules for its registration, expressed in violation of the terms:

      1) register and obtain an individual permit for storage and (or) to carry weapons after purchase;

      2) treatment of the individual to the authority of the Interior to extend the permit for storage and (or) the wearing of civilian weapons;

      3) notice of the wielder of internal affairs body of the loss or theft of weapons belonging to him;

      4) treatment of the individual in the Internal Affairs for the production of weapons registered a change of residence;

      5) registration in the police service and the entity (or) civilian weapons after purchase - entails a fine for individuals of five, for officials, legal entities of small business - in the amount of ten, for legal entities being subject to medium-sized businesses - in the amount of twenty, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails fine on individuals of ten with compensated seizure of the weapons, the officials, legal entities of small business - in the amount of fifteen, for legal entities of medium-sized businesses - in the amount of thirty, for legal entities of a large enterprise - in the amount of seventy monthly calculation indices.

      Footnote. Article 371 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 372. Evading to implement civilian weapons, ammunition

      Evading to implement civilian weapons, ammunition by individuals who have the internal affairs bodies canceled permission for their storage, - entails a fine in the amount of three to five monthly calculation indices with compensated seizure of the weapons.

      Footnote. Article 372 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 373. Violation of the legislation on the organization and holding of peaceful assemblies, meetings, demonstrations, pickets and demonstrations

      1. Violation of the laws of the Republic of Kazakhstan on the order of organization or holding meetings, rallies, marches, pickets, demonstrations or other public event, or hindering their organization or conduct of, or participation in illegal gatherings, meetings, rallies, demonstrations or other public event, if these actions no signs of a criminal offence - entails a warning or a fine for individuals of up to twenty monthly calculation indices, on officials - a fine of up to fifty monthly calculation indices.

      2. Providing by top-officials and other officials of the organizations to participating unauthorized meeting, rally, picketing, demonstrations or other public event premises or other property (communication, copy machines, equipment, vehicles) or creating other conditions for the organization and conduct of such activities - entails fine in the amount of twenty monthly calculation indices.

      3. The same actions, if repeated within a year of application of administrative punishment or organizer of meetings, rallies, marches, demonstrations, - entails a fine in the amount of up to fifty monthly calculation indices or administrative arrest for up to fifteen days.

      Footnote. Article 373 as amended by the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Art. 2), dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 374. Violation of the legislation on associations

      1. Commission by the leaders, members of associations or voluntary association of action beyond the goals and objectives defined by the charter of the associations - entail a warning or fine on the head of a public association in the amount of up to fifty monthly calculation indices, members of associations - a fine in the amount of up to twenty monthly calculation indices on public union - in the amount of up to two hundred and monthly calculation indices.

      2. Commission by the leaders, members of associations or voluntary association acts that violate the law of the Republic of Kazakhstan, - entails a fine by the leaders of the public association in the amount of up to one hundred monthly calculation indices, members of the public association - a fine in the amount of up to fifty monthly calculation indices with the suspension of the public association for period of three to six months.

      3. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine by the leaders of the public association in the amount of up to one hundred and fifty monthly calculation indices, members of associations - a fine in the amount of up to one hundred monthly calculation indices to suspend activities public association for a period of three to six months.

      4. Actions envisaged in part two of this Article committed repeatedly within one year after the imposition of an administrative penalty, as well as failure to eliminate violations specified in part three of this Article - entails fine on the head of a public association in the amount of two hundred to four hundred monthly calculation indices, members of associations - a fine in the amount of one hundred to two hundred monthly calculation indices with the prohibition of the public association.

      5. The funding of political parties by foreign legal entities and international organizations, legal entities with foreign participation, public bodies and organizations, charitable organizations - entails a fine on officials in the amount of four hundred monthly calculation indices and confiscation of illegal donations to foreign legal entities - in the amount of two thousand monthly settlement with confiscation of illegal donations.

      6. The funding of political parties by foreigners and stateless persons - entails a fine in the amount of two hundred monthly calculation indices, with confiscation of illegal donations and administrative deportation from the Republic of Kazakhstan.

      7. The adoption of a political party illegal donations - entails a fine on the head of a political party in the amount of four hundred monthly calculation indices and confiscation of illegal donations and administrative arrest for up to fifteen days or without with a prohibition of political parties.

      8. Failure to publish an annual report on the financial activities of a political party within the period and to the extent established by the legislation of the Republic of Kazakhstan, - entails a fine on the head of the party in the amount of one hundred to two hundred monthly calculation indices with the suspension of the political party for up to six months.

      9. Implementation of the activities of a political party and its structural subdivisions (branches and representative offices) without re-registration in the cases stipulated by the legislation of the Republic of Kazakhstan, - entails a fine to the head of the party in the amount of one hundred to two hundred monthly calculation indices with prohibition of political parties.

      Footnote. Article 374 is in the wording of the Law of the Republic of Kazakhstan dated 08.07.2005 No. 67 (the order of enforcement see Art. 2); as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 N 123 (shall be enforced from January 1, 2006), dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 374-1. Leading, participating in the activity of not registered according to the laws of the Republic of Kazakhstan of social, religious associations and in financing of their activities

      1. Managing of activity of not registered according to the laws of the Republic of Kazakhstan of social, religious associations, as well as in the activities which have been suspended or banned - entails a fine in the amount of one hundred and monthly calculation indices.

      2. Participation in the activities of not registered according to the laws of the Republic of Kazakhstan of social, religious associations, as well as in the activities which have been suspended or banned - entails a fine in the amount of fifty monthly calculation indices.

      3. Financing activities of non-registered according to the legislation of the Republic of Kazakhstan of public order, religious associations, as well as the activities have been suspended or banned - entails a fine in the amount of two hundred and monthly calculation indices.

      Footnote. Supplemented by Article 374-1 in accordance with the Law of the Republic of Kazakhstan dated July 8, 2005 No. 67 (the order of enforcement see Art. 2).

Article 375. Violation of legislation on religious activities and religious associations

      1. Violation of the laws of the Republic Kazakhstan concerning requirements to:

      the performance of religious rites, ceremonies, and (or) assembly;

      charitable activities;

      import, production, publication, and (or) distribution of religious literature and other religious materials (destination), religious items;

      construction of religious buildings (structures), conversion (changing functionality) buildings (structures) religious buildings (structures)- entails a fine on individuals in the amount of fifty monthly calculation indices, for officials and leaders of religious groups - in the amount of one hundred monthly calculation indices for legal entity s - two hundred monthly calculation indices to suspend operations for a period of three months.

      2. Obstruction of lawful religious activities, as well as violating the civil rights of individuals based on religion or insult their religious feelings or desecration esteemed followers of a particular religion objects, buildings or places, if all the above steps do not contain elements of a criminal offence, - entails a fine for individuals in the amount of fifty monthly calculation indices, on officials - of one hundred and monthly calculation indices, for legal entities - in the amount of two hundred and monthly calculation indices.

      3. Implementation by the citizens of the Republic of Kazakhstan, foreigners and stateless persons missionary activity without registration (re-registration), as well as the use by the missionaries of religious literature, informational materials of religious content and religious items without a positive conclusion religious expertise - entails a fine of citizens of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices for foreigners and stateless persons - in the amount of one hundred monthly calculation indices to administrative deportation from the Republic of Kazakhstan.

      4. Implementation by the religious union of activities not specified in its charter (regulations), - entails a fine on the officials and heads of religious associations in the amount of two hundred and monthly calculation indices, for legal entities - in the amount of three hundred and monthly calculation indices to suspension of activity for a period of three months.

      5. Lesson religious union political activities, as well as participation in political parties and (or) provide them with financial support, intervention in the government or the assignment of functions of state bodies or their officials, members of religious groups - entails a fine on individuals of one hundred monthly calculation indicators on the heads of religious associations - in the amount of two hundred monthly calculation indices, for legal entities - in the amount of three hundred and monthly calculation indices to suspension of activity for a period of three months.

      6. Institution-building of religious organizations in state bodies, organizations and institutions, educational institutions and health care - entails a fine on officials in the amount of one hundred and monthly calculation indices, the heads of state agencies, organizations and institutions - of two hundred and monthly calculation indices.

      7. Leadership of the religious organization by the person appointed by foreign religious centers without agreement with the competent authority, as well as the failure to take by the head of a religious association measures to prevent involvement and (or) the involvement of minors in the activities of religious associations, with the objection of a parent of a minor or another of its legal representatives - entails a fine on the citizens of the Republic of Kazakhstan in the amount of fifty monthly calculation indices, on foreigners and stateless persons - in the amount of fifty monthly calculation indices to administrative deportation from the Republic.

      8. Implementation of the religious organization in any activity prohibited by the legislative acts of the Republic of Kazakhstan, as well as failure to remove the religious association in due time violations that led to the suspension of its activities - entails a fine of officials and for leaders of religious organizations in the amount of three hundred monthly calculation indices, for legal entities - in the amount of five hundred monthly calculation indices with the prohibition of their activities.

      9. Actions (inaction), stipulated in the first, second, third, fourth, fifth and seventh of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on individuals in the amount of two hundred and monthly calculation indices, for the leaders of religious communities - in the amount of three hundred and monthly calculation indices, for legal entities - in the amount of five hundred monthly calculation indices with the prohibition of their activities.

      Footnote. Article 375 is in the wording of the Law of the Republic of Kazakhstan dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 376. Violation of the rules of civil status

      Hiding circumstances preventing marriage, or false statements of the civil status - entails a warning or a fine in the amount of two to five monthly calculation indices.

Article 377. Residence in the Republic of Kazakhstan without registration or without identity documents

      1. Residence of nationals of the Republic of Kazakhstan without identification card or with an invalid identification card or without residence registration, except for the cases established by law of the Republic of Kazakhstan "On Migration" - entails a fine in the amount of five monthly calculation indices.

      2. The act provided the first paragraph, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of ten monthly calculation indices.

      3. Permanent residence in the Republic of Kazakhstan of the foreigners and stateless persons without a residence permit or without identification card or with invalid residence permit, a certificate of a stateless person for a period exceeding ten days, as well as untimely notice of internal affairs on the loss of passport, residence permit or of identification card of a stateless person - entails a fine in the amount of twenty monthly calculation indices.

      4. Actions envisaged in part three of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Article 377 is in the wording of the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 378. Violation by the owner of the dwelling or other persons in charge of housing, building and (or) premises of registration rules for internal migrants

      1. Assumption owner of the dwelling, or other persons in charge of housing, building and (or) the premises and registration of individuals who do not actually live in the homes, buildings, and (or) the premises belonging to the owner or under the authority of others, - entails a fine for individuals in the amount of five, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifteen, for legal entities of a large enterprise - in the amount of twenty monthly calculation indices.

      2. The act provided the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails fine for individuals of ten, on the entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty-five , for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      3. The failure of the owner of the dwelling, or other persons in charge of housing, building and (or) premises to remove from the register of individuals registered and living in homes, buildings, and (or) the premises belonging to the owner or under the authority of others - entails a fine on officials in the amount of ten, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      4. Action envisaged in part three of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on officials in the amount of twenty, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of forty, the legal entities of a large enterprise - in the amount of eighty monthly calculation indices.

      Footnote. Article 378 is in the wording of the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 379. Unlawful withholding of passports, identity cards or taking them to pledge

      1. Illegal removal of citizens passports, identity cards or taking them to the pledge - entails a warning or a fine in the amount of five monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty -entail a fine in the amount of ten monthly calculation indices.

      Footnote. Article 379 is in the wording of the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 380. Submission of deliberate false information to the bodies of the Republic of Kazakhstan in obtaining identity documents or when applying for a permit for permanent residence in the Republic of Kazakhstan or the granting of citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan

      1. Submission of false information to the bodies of the Republic of Kazakhstan in obtaining identity documents, - entails a fine for individuals of five, on officials - in the amount of ten monthly calculation indices.

      2. Submission of a foreigner or a stateless person of false information to the bodies of the Republic of Kazakhstan to apply for a permit for permanent residence in the Republic of Kazakhstan or the granting of citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan - entails administrative deportation from the Republic of Kazakhstan.

      Footnote. Article 380 is in the wording of the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 380-1. Illegal receipt of sheet and (or) the certificate of temporary disability

      1. Illegal receipt of sheet and (or) the certificate of temporary incapacity due to illness simulation - entails a fine for individuals in the amount of five to ten monthly calculation indices.

      2. The same act committed repeatedly within one year after the imposition of an administrative penalty - entails a fine for individuals in the amount of ten to twenty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 380-1 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2).

Article 380-2. Violation of the law on citizenship of the Republic of Kazakhstan

      1. Use of passport and (or) the identity of a citizen of the Republic of Kazakhstan person who lost citizenship of Kazakhstan, - entails a fine for individuals in the amount of fifty monthly calculation indices.

      2. The same acts committed by persons in the public service, as well as persons exercising functions of a power or perform management or administrative functions in state bodies - entails a fine in the amount of two hundred and monthly calculation indices or administrative deportation from the Republic of Kazakhstan.

      Footnote. The Code is supplemented by Article 380-2 in accordance with the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 381. Violation of the order of presentation of primary statistical data

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

      1. Late submission, submission of incorrect basic statistics to the relevant bodies of the state statistics - punishable by a warning to individuals and businesses.

      2. Failure to provide basic statistics to the relevant bodies of state statistics and the actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on individuals of five, on entrepreneurs, legal entities of small or medium-sized business - in the amount of ten, for legal entities of a large enterprise - in the amount of forty monthly calculation indices.

      Footnote. Article 381 is in the wording of the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008) as amended by the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 381-1. Failure, non-representation, late presentation, concealment and other distortion of registry data of legal statistics and special accounts

      1. Failure, failure to transfer to the state agency working in the field of legal statistics and special accounts, data, legal statistics and special accounts, presenting them with the required deadline, concealment, registration, other intentional misrepresentation of legal statistics and special accounts, as well as hindering in any -obtaining some form of legal statistics and special accounting information - entail a fine on officials in the amount of up to twenty monthly calculation indices.

      2. The same acts committed in the field of health care - entails a fine on officials in the amount of fifty to two hundred and monthly calculation indices.

      Footnote. Chapter is supplemented by Article 381-1 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006) as amended by the Law of the Republic of Kazakhstan dated 07.07.2006 No. 171 (the order of enforcement see Art. 2).

Article 381-2. Violation of the order of presentation of administrative data

      1. Late submission, submission of incorrect administrative data to the authorized body in the field of statistics - entail a warning on officials of administrative sources.

      2. Failure to provide administrative data to the authorized body in the field of statistics, and the actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on the officials of administrative records in the amount of seven monthly calculation indices.

      Footnote. Chapter is supplemented by Article 381-2 in accordance with the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 382. Rejection of statistical surveys

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

      Refusal of the officials from fulfilling their public responsibilities for statistical surveys or delay their implementation - entails a warning or a fine in the amount of up to ten monthly calculation indices.

Article 383. Loss, sale, transfer or other sale, transfer or other unlawful disclosure of primary statistical data, statistical information and (or) databases by the official

      Loss, sale, transfer or other unlawful disclosure of primary statistical data, statistical information and (or) database for the identification of the respondent, by the official of state statistics bodies, if these actions do not contain signs of criminal offence - entails a fine in the amount of up to ten monthly calculation indices.

      Footnote. Article 383 is in the wording of the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 384. Collection of primary statistical data on unapproved statistical form

      Collection of primary statistical data on unapproved statistical form - entails a warning or a fine on officials in the amount of up to ten monthly calculation indices.

      Footnote. Article 384 is in the wording of the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 384-1. Administrative data collection on outstanding form

      Administrative data collection on outstanding form - entails a warning or a fine on officials in the amount of five monthly calculation indices.

      Footnote. Chapter is supplemented by Article 384-1 in accordance with the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 385. Violation of rules for determining and establishing the degree of secrecy of information

      1. Violation of rules for determining and establishing the degree of secrecy of the information, if these actions do not contain evidence of a crime, - entails a fine on officials in the amount of up to twenty monthly calculation indices.

      2. The same acts committed in order to conceal violations of law - entail a fine on officials in the amount of ten to fifty monthly calculation indices.

Article 386. Violation of the rules to ensure the secrecy

      1. Violation of the rules of access to state secrets - entails a fine in the amount of five to twenty monthly calculation indices.

      2. Violation of the rules to ensure the secrecy officials when dealing with information secrecy and their carriers, if these actions do not contain evidence of a crime, - entails a fine in the amount of five to twenty monthly calculation indices.

      3. The same actions that caused the disclosure of secret information, or loss of confidential information and its carriers, but not containing state secrets - entail a fine in the amount of ten to twenty-five monthly calculation indices deprivation of a special permit for a certain activity, or without it.

      Footnote. Article 386 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 387. Violation of the rules of territorial development of cities and towns and the destruction of infrastructure, the destruction and damage of green spaces of cities and towns

      1. Violation of rules of territorial development of cities and towns, and the destruction of infrastructure, the destruction and damage of green spaces of cities and towns - entails a warning or a fine on individuals in the amount of up to twenty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty to forty, and on legal entities of a large enterprise - in the amount of fifty to one hundred monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine for individuals in the amount of twenty to thirty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty to fifty, for legal entities of large enterprises - in the amount of one hundred to three hundred monthly calculation indices.

      Footnote. Article 387 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008); dated 10.07.2009 No. 180-IV.

Article 388. Trespassing on protected objects

      Trespassing on objects protected under the laws of the Republic of Kazakhstan Presidential Security Service, the Republican Guard, the bodies and organs of the Committee of National Security, Ministry of Interior, Ministry of Defense, - entails a fine in the amount of ten to fifteen monthly calculation indices or administrative arrest for to fifteen days.

Chapter 25. Administrative offences against the established order of the state border of the Republic of Kazakhstan and the order of stay on the territory of the Republic of Kazakhstan

Article 389. Violation of the border regime in the border zone and the order of stay in some areas

      1. Violation of the rules of entry (passage), temporary residence or movement in the border area - entails a warning or a fine in the amount of three to five monthly calculation indices.

      2. Running a business, commercial or other activity, content, or grazing, mass socio-political, cultural and other activities in the border area without the permission of the authorized state body, or in violation of the established order - entail a fine on individuals in the amount of three to five, on officials - in the amount of five to ten monthly calculation indices.

      3. Violation of the order of stay in certain areas defined by law - entails a fine of up to ten monthly calculation indices.

      Footnote. Article 389 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), by the Law of the Republic of Kazakhstan dated December 19, 2007 No. 11-IV (the order of enforcement see Art. 2).

Article 389-1. Violation of the restrictions established in the forbidden Zone at the arsenals, bases and warehouses of the armed forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan and the forbidden area in the arsenals, bases and warehouses of the armed forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan

      1. Finding individuals in the forbidden zone at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan - entails a fine in the amount of three to five monthly calculation indices.

      2. Construction and carrying out any work, except for work carried out in order to ensure anti-sabotage and fire safety in the forbidden zone at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan - entail a fine for individuals in the amount of five to ten, and on legal entities and individual entrepreneurs, legal entities of small and medium-sized businesses - in the amount of ten to twenty, and on legal entities of a large enterprise - in the amount of thirty to fifty monthly calculation indices.

      3. Gunfire, the use of fireworks, as well as device shooting ranges, stands and shooting in a forbidden area with arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan - entails a fine on individuals in the amount of five ten, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount of ten to twenty, and on legal entities of a large enterprise - in the amount of thirty to fifty monthly calculation indices.

      Footnote. The Code is supplemented by Article 389-1 in accordance with the Law of the Republic of Kazakhstan dated18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 390. Violations of the territorial sea (the sea) and internal waters rules of the Republic of Kazakhstan

      1. Violation of the territorial waters (sea) and internal waters rules of the Republic of Kazakhstan, the Kazakh part of border rivers, lakes and other bodies of water accounting rules, the content, the output of the items home and return to the outstations, stay on the water Kazakh small size self-propelled and non-self (surface and submerged) ships (assets) and vessels (means) movement on the ice - entails a fine for individuals in the amount of five to ten, for officials - in the amount of ten to twenty monthly calculation indices.

      2. Keeping in territorial waters (sea) and internal waters of the Republic of Kazakhstan, the Kazakh part of border rivers, lakes and other bodies of water harvesting, research, survey or other activity without the permission of the authorized state body in breach of the laws of the Republic of Kazakhstan - entails a fine for individuals in the amount of five to ten, on officials - in the amount of ten to twenty-five monthly calculation indices and confiscation of vehicles and other items which are direct objects of the administrative offence, or without it.

      Footnote. Article 390 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), Title of Article and Article as amended by the Law of the Republic of Kazakhstan dated December 19, 2007 No. 11-IV (the order of enforcement see Art. 2).

Article 391. Violation of the checkpoints across the state border of the Republic of Kazakhstan

      1. Violation by a citizen of the Republic of Kazakhstan of the regime checkpoints across the state border of the Republic of Kazakhstan - entails a fine in the amount of three to five monthly calculation indices.

      2. The same actions committed by a foreigner or a stateless person - entails a fine in the amount of three to five monthly calculation indices with administrative deportation from the Republic of Kazakhstan or not.

Article 391-1. Violation of the state border of the Republic of Kazakhstan

      1. Violation of the state border of the Republic of Kazakhstan, except as specified in part two of this Article - entails a fine for individuals ranging from five to ten, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of ten to twenty, for legal entities of a large enterprise - in the amount of thirty to fifty monthly calculation indices.

      2. Keeping on the state border of the Republic of Kazakhstan commercial, research, survey or other activity without the permission of the authorized body - entails a fine for individuals in the amount of five to ten, for officials, entrepreneurs, legal entities of small and medium enterprises -in the amount of one hundred to three hundred, on legal entities of a large enterprise - in the amount of five hundred to one thousand monthly calculation indices with the confiscation of vehicles and other objects that are the immediate subject of an administrative offence, or without it.

      3. Actions described in paragraphs one and two of this Article committed by a foreigner or a stateless person - entail a fine in the amount of up to one hundred forty monthly calculation indices or administrative arrest for up to ten days with an administrative deportation from the Republic of Kazakhstan with the confiscation of vehicles and other commodities being direct objects of the administrative offence, or without it.

      Footnote. Supplemented by Article 391-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; is amended dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 392. Smuggling across the state border of the Republic of Kazakhstan

      1. The failure of transportation or other organization engaged in international transport, measures to prevent the unauthorized entry of persons in the vehicle and use it for illegal crossing of the state border of the Republic of Kazakhstan, which has involved illegal crossing or attempting to illegally cross the state border of the Republic of Kazakhstan one or more offenders, - entails a fine in the amount of two hundred to five hundred monthly calculation indices.

      2. The failure of an employee of an organization of transport in international traffic within his/her duty measures to prevent the unauthorized entry of persons in the vehicle and use it for illegal crossing of the state border of the Republic of Kazakhstan, which has involved the illegal crossing of the state border of the Republic of Kazakhstan, if that act does not constitute aiding of a crime or an attempt to illegally cross the state border of the Republic of Kazakhstan one or more offenders - entails a fine in the amount of ten to twenty-five monthly calculation indices.

      3. The failure of a person crossing on private business, the state border of the Republic of Kazakhstan, measures to prevent the use of their vehicle managed by another person for the illegal crossing of the state border of the Republic of Kazakhstan, which has involved illegal crossing or attempting to illegally cross the state border of the Republic of Kazakhstan one or more offenders, - entails a fine in the amount of five to ten monthly calculation indices.

Article 393. Disobeying a lawful order or requirement of a military man in connection with the performance of his duties for the protection of the state border of the Republic of Kazakhstan

      Disobeying a lawful order or requirement of a military man in connection with the performance of his duties for the protection of the state border of the Republic of Kazakhstan - entails a fine in the amount of five to ten monthly calculation indices or administrative arrest for up to fifteen days.

Article 394. Violation by a foreigner or a stateless person of the rules of stay in the Republic of Kazakhstan

      1. Violation by a foreigner or a stateless person, of the rules of stay in the Republic of Kazakhstan, expressed in non-compliance with the legislation of the Republic of Kazakhstan or the registration of the order of movement or choice of residence - entails a fine in the amount of ten monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails an administrative arrest for up to ten days.

      3. Violation by a foreigner or a stateless person, of the rules of stay in the Republic of Kazakhstan, as expressed in the illegal entry into the Republic of Kazakhstan, the failure to depart on time, the purpose of entry discrepancy purposes specified in the visa either at check-in migration card, as well as non-compliance of the actual residence address, specified during registration, as well as non-compliance with the rules of transit through the territory of the Republic of Kazakhstan, - entails a fine in the amount of forty monthly calculation indices or administrative arrest for up to ten days.

      4. Actions envisaged in part three of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail an administrative arrest of up to fifteen days with administrative deportation from the Republic of Kazakhstan.

      Footnote. Article 394 is in the wording of the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 394-1. Failure to comply with the decision on expulsion

      Failure to foreigners and stateless persons to fulfill the taken in respect of the decisions on their expulsion from the territory of the Republic of Kazakhstan - entails a fine in the amount of one hundred to five hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Footnote. The Code is supplemented by Article 394-1 in accordance with the Law of the Republic of Kazakhstan dated18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 395. Violation of individuals or legal entities of the rules of stay of foreigners in the Republic of Kazakhstan

      1. The failure of a citizen of the Republic of Kazakhstan, a foreigner or a stateless person, the Republic of Kazakhstan to invite foreigners or stateless persons on private business, of the measures to timely registration, registration of documents for their stay in the Republic of Kazakhstan, the movement around the country and exit from the Republic of Kazakhstan at the end of certain period of stay - entails a fine in the amount of five monthly calculation indices.

      2. The failure of an individual entrepreneur, officer or legal entity receiving in Kazakhstan foreigners or stateless persons, to take measures to timely registration, registration of documents for their entry into Kazakhstan, stay and movement within the territory and departure from the Republic of Kazakhstan, after a certain period of stay - entails a fine on officials in the amount of ten, on the entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      3. Providing home to a foreigner or a stateless person who has arrived in the Republic of Kazakhstan in violation of the rules of stay of foreigners in the Republic of Kazakhstan, expressed in an illegal entry into the Republic of Kazakhstan, the movement on its territory, failure to depart from the Republic of Kazakhstan on time, inconsistency actual residence address, stated in the registration - entails a fine for individuals warning for officials - a fine in the amount of ten, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of thirty, for legal entities of large businesses - in the amount of fifty monthly calculation indices.

      4. The actions referred to in the first, second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty -entail a fine on individuals in the amount of ten, for officials - entails a fine in the amount of fifteen, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifty, for legal entities of a large enterprise - in the amount of eighty monthly calculation indices.

      5. Commission by the official of deals with a foreigner or a stateless person, who came illegally to the territory of the Republic of Kazakhstan - entails a fine on officials in the amount of ten monthly calculation indices.

      6. The actions specified in part five of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on officials in the amount of fifteen monthly calculation indices.

      Footnote. Article 395 is in the wording of the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 396. Violation of the rules to attract foreign labor and unlawful exercise of a foreigner or a stateless person work in the Republic of Kazakhstan

      1. Attracting foreign labor force without the permission of the local executive body or the employment of foreigners and stateless persons who do not have a work permit, - entails a fine for individuals of thirty, on officials - in the amount of fifty, to entrepreneurs, legal entity s being subject to a small or medium-sized business or non-profit organizations - in the amount of two hundred, on legal entities of large business-in the amount of one thousand monthly calculation indices.

      2. Attracting foreign employee to the position (profession or specialty), not related positions (vocational), specified in the resolution of the local executive body for foreign labor force - entails a fine on officials in the amount of fifty, on entrepreneurs, legal entity s being subject to a small or medium-sized business or non-profit organizations - in the amount of two hundred, on legal entities of large business - amounting thousands monthly calculation indices.

      3. Actions described in parts one and two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine on individuals in the amount of fifty, on the officials - one hundred, to entrepreneurs, legal entities of small or medium business or non-profit organizations - in the amount of three hundred, on legal entities of a large enterprise - in the amount of fifteen hundred monthly calculation indices.

      4. Implementation of a foreigner or a stateless person work in Kazakhstan without a work permit, when such permission is a prerequisite for the implementation of the work, staying in the territory of the Republic of Kazakhstan is illegal - entails a fine in the amount of twenty-five monthly calculation indices with administrative expulsion from the Republic of Kazakhstan.

      Footnote. Article 396 is in the wording of the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 397. (Is excluded by the Law of the Republic of Kazakhstan dated July 6, 2007 No. 276).

Article 398. Violation of refugee housing rules

      Footnote. Article 398 is excluded by the Law of the Republic of Kazakhstan dated 04.12.2009 No. 217-IV (shall be enforced from 01.01.2010).

Article 399. Illegal activities of employment of citizens of the Republic of Kazakhstan

      To work on the employment of citizens of the Republic of Kazakhstan abroad with inappropriate advertising or providing incomplete or incorrect information - entails a warning or a fine on individuals in the amount of up to twenty, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of twenty to one hundred, on legal entities of a large enterprise - in the amount of three hundred to five hundred monthly estimates.

      Footnote. Article 399 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 02.03.2006 No. 131, dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Chapter 26. Administrative offences in the field of customs

Article 400. Violation of the customs control zone

      Movement of goods, vehicles and people, including government officials (except for customs), cross-border and customs control zone within it, and the implementation in the area of production and other commercial activities without the permission of the customs body of the Republic of Kazakhstan, except in cases the legislation of the Republic of Kazakhstan, or other actions violating the regime of customs control, in the absence of evidence of a crime - entail a warning or a fine for individuals, officials, entrepreneurs in the amount of five to ten, and on legal entities of small or medium businesses - in the amount of ten to fifteen, for legal entities of a large enterprise - in the amount of twenty to twenty-five monthly calculation indices.

      Footnote. Article 400 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 400-1. Violation of the order of activities in the field of customs

      Failure to comply with customs agents or owners of the place of temporary storage, free or bonded warehouse, duty free shop conditions and obligations of such activities in accordance with the Code of the Republic of Kazakhstan "On Customs Affairs in the Republic of Kazakhstan" or failing to rooms or areas designated for the establishment of a place or temporary storage, customs or free warehouse, duty free shop, the requirements established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, entails a fine in the amount of one hundred and monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 400-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 400-2. Violation of the order of activities by customs carrier

      Failure to comply with customs carrier conditions and obligations under the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan to carry out such activities, including the absence or failure of technical equipment in the vehicle, enabling the customs body to determine the location of the vehicle, - entails a fine in the amount of one hundred monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 400-2 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 401. Failure to notify the customs body of the Republic of Kazakhstan on the entry of goods and vehicles to check-point after crossing the customs border of the customs union

      Failure to notify the customs bodies of the Republic of Kazakhstan to the import of goods and means of transport to the customs territory of the Customs Union on crossing the border of the Customs Union, including failure when crossing the border customs documents in accordance with the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, the presentation of which is mandatory, except for the movement of goods and vehicles by individuals in a simplified or preferential order - entails a warning or a fine on individuals of five, on entrepreneurs, legal entities of small and medium enterprises -in the amount of fifteen, for legal entities of a large enterprise - in the amount of twenty-five monthly calculation indices.

      Footnote. Article 401 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 402. Departure of goods and means of transport outside the customs territory of the customs union without the permission of the customs body of the Republic of Kazakhstan at the check-point

      1. Failure to notify the customs bodies of the Republic of Kazakhstan to the point of crossing the customs border of the intention to export goods and means of transport out of the customs territory of the Customs Union, if the goods and vehicles under customs control or export of goods and vehicles suggests their placement under customs control, including failure on leaving the customs territory of the customs union customs documents in accordance with the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, the presentation of which is optional, except for the movement of goods and vehicles by individuals in a simplified or preferential order - entails a warning or a fine individuals of five, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of fifteen, for legal entities of a large enterprise - in the amount of twenty-five monthly calculation indices.

      Footnote. Article 402 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 403. Failure to take action in the event of an accident or force majeure

      The failure in the event of an accident or force majeure steps to safeguard accepted for delivery to certain customs body of the Republic of Kazakhstan place or moved in transit of goods and means of transport, the assumption of any unauthorized use, failure to the nearest customs body of the Republic of Kazakhstan on the circumstances, location of such goods and means of transport or failure of their transportation to the nearest customs body of the Republic of Kazakhstan or the delivery of the body of officials to the location of the goods and vehicles - entails a fine for individuals ranging from five to ten, the individual entrepreneurs, legal entities by small and medium-sized businesses - in the amount of ten to fifteen, for legal entities of a large enterprise - in the amount of twenty to twenty-five monthly calculation indices.

      Footnote. Article 403 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 404. Failure to provide the goods and transport means in the place of delivery

      Failure in the delivery of goods and transport means and failure to hand documents to the customs body of the Republic of Kazakhstan - entails a fine for individuals ranging from five to ten, on entrepreneurs, legal entities of small and medium enterprises - the amount of ten to fifteen, for legal entities of a large enterprise - in the amount of twenty to twenty-five monthly calculation indices.

      Footnote. Article 404 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 405. Release without permission of the customs body of the Republic of Kazakhstan, the loss or non-delivery of the customs body of the Republic of Kazakhstan goods vehicles and accompanying documents

      1. Release without permission of the customs body of the Republic of Kazakhstan, the loss or non-delivery to a specific place of goods and vehicles under customs control, indicated by customs body of the Republic of Kazakhstan, - entail a fine in the amount of forty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      2. The loss or non-delivery made to present to the customs body of the Republic of Kazakhstan customs and other documents for the goods and means of transport subject to customs control - entails a warning or a fine in the amount of ten to twenty monthly calculation indices.

      3. Failure to adhere to the customs body of the Republic of Kazakhstan for the delivery of goods, vehicles and documents to them - entails a warning or a fine in the amount of ten to twenty monthly calculation indices.

      Footnote. Article 405 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 406. Not stopping of the vehicle

      Not stopping of a vehicle crossing the customs border of the Customs Union, as well as means of transport conveyed across the customs border of the Customs Union as a commodity, in places defined by the customs body of the Republic of Kazakhstan, except for cases when such not stopping due to a technical malfunction of the vehicle or acts of force majeure - entails a fine in the amount of ten monthly calculation indices.

      Footnote. Article 406 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 407. Departure of a vehicle without the permission of the customs body of the Republic of Kazakhstan

      Departure under customs control of the vehicle or vehicles moving across the customs border of the Customs Union as a commodity from its parking place without the permission of the customs body of the Republic of Kazakhstan, - entails a fine in the amount of ten monthly calculation indices.

      Footnote. Article 407 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 408. Berthing the vessel and other floating under customs control

      Footnote. Article 408 is excluded by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 409. Violation of the order of customs operations involving the placement of goods under the customs procedure and clearance of goods

      Violation of the order of customs operations involving the placement of goods under the customs procedure, and clearance of goods, that is, non-compliance of the requirements, specified by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan on the placement of goods under the customs procedure, place and time of customs operations, as well as terms of priority areas of certain categories of goods under the customs procedure, except in cases specified in other Articles of this chapter, - entails a fine in the amount of twenty-five monthly calculation indices.

      Footnote. Article 409 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 409-1. The violation of order of customs operations

      1. The violation of order of customs operations established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, except as specified in other Articles of this chapter, - entails a fine in the amount of twenty-five monthly calculation indices.

      2. According to the first paragraph, repeated within one year after the imposition of administrative penalties-entails a fine in the amount of fifty monthly calculation indices with the exception of a roster of persons working in the field of customs.

      Footnote. Chapter 26 is supplemented by Article409-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No.297-IV (shall be enforced from 12.07.2010).

Article 410. Illegal operations, changes in condition, use and (or) disposal of goods in respect of which clearance is not completed

      1. Conduct of operations, changes in condition, use and (or) disposal of goods in respect of which clearance is not completed, in violation of the terms and conditions established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, except as specified in other Articles of this chapter, - entails a fine in the amount of twenty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence or without it.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty-five monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      Footnote. Article 410 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 411. Cargo and other operations conducted without the permission of the customs body of the Republic of Kazakhstan

      Transportation, loading, unloading, handling, repair damage to the packaging, packing, repacking or adoption for the transport of goods and means of transport subject to customs control, taking samples and specimens of goods, opening spaces, containers and other places where there may be the supplies and vehicles without the permission of the customs body of the Republic of Kazakhstan - entail a fine in the amount of five to twenty-five monthly calculation indices.

      Footnote. Article 411 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 412. Change, deletion, destruction, damage or loss of identification

      Change, deletion, destruction, damage, or loss of identification, the customs bodies of the Republic of Kazakhstan, - entail a fine in the amount of five to ten monthly calculation indices.

Article 413. Violation of the order of the customs declaration of goods

      Violation by the declarant and (or) customs agents of order of the customs declaration of goods, that is, non-compliance with the requirements of the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan on the order of any customs duties and customs declaration, including preliminary, partial, periodical and temporary customs declaration of goods for the place of the customs declaration of goods, except as specified in other Articles of this Chapter, - entails a fine in the amount of twenty-five monthly calculation indices.

      Footnote. Article 413 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 413-1. Violation of the order of activities in the field of customs by customs agent

      1. Implementation of the customs agent in the field of customs in the interests of a third party without a civil contract with a third party or by the expiration of the contract or after its dissolution - entails a fine in the amount of thirty monthly calculation indices.

      2. Action set forth in the first part of this Article, committed by the customs agents repeatedly during the year - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 413-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 413-2. Violation of the order of activities in the field of customs by authorized economic operator

      Failure to comply with the authorized economic operator requirements of the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan to carry out such activities, - entails a fine in the amount of one hundred and monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 413-2 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 414. Violation of the terms of the customs declaration, documents and information

      Failure to submit the declarant to the customs body of the Republic of Kazakhstan on time customs declarations, documents and information submitted in the customs declaration of goods, except as specified in other Articles of this chapter, in the absence of evidence of a crime - entails a fine in the amount of twenty monthly calculation indices.

      Footnote. Article 414 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 415. Failure to submit to the customs body of the Republic of Kazakhstan and the failure to report on procedures for conduct of accounting

      Failure to submit to the customs body of the Republic of Kazakhstan by customs carrier, customs agents or owners of the place of temporary storage, customs or free warehouse, duty free shop, the declarants in the manner and time as defined by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, the reporting of imported, exported, declared received, stored, processed, manufactured, purchased and sold goods under customs control or in free customs zones, as well as failure to follow the procedure of accounting for such goods - entails a fine in the amount of twenty-five monthly calculation indices.

      Footnote. Article 415 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 416. Violation of the terms of temporary storage (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 417. Violation of the order of placement of goods for storage, and the order of their storage and operations with them

      Violation of the order of placing goods in storage and the order of their storage, established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, the shelf life of a bonded warehouse, order of movement of goods from one warehouse to another, as well as operations with goods in customs warehouses, temporary warehouses storage and free warehouses, - entail a fine in the amount of twenty-five monthly calculation indices.

      Footnote. Article 417 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 417-1. Violation of the terms of temporary storage of goods

      Violation of terms of temporary storage of goods established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, - entails a fine for individuals of twenty-five, to on entrepreneurs, legal entity s - in the amount of fifty monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 417-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 418. Violation of the procedure for processing and replacement of refined products

      1. Violation of the procedure for processing, that is, non-compliance with the customs legislation requirements, restrictions and conditions of the obligations of the conditions for processing the order and timing of their processing, the number of output of processed products of their processing of such goods - entails a fine in the amount of ten to fifty monthly specified rates.

      2. Violation of the rules on change the products of domestic goods in other goods - entails a fine of ten to twenty monthly calculation indices.

      Footnote. Article 418 as amended by the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 419. Violation of the order of business in free customs zones and free warehouses (Is excluded- by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 420. Violation of the order of construction of buildings, structures and facilities in free customs zones (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 421. Not exported outside the customs territory of the customs union or failure to return to the area of goods and vehicles

      1. Not exported outside the customs territory of the Customs Union earlier imported goods and means of transport, and (or) placed under a customs procedure, at the end of which is provided for export in a timely manner, as well as in cases where such export is required, or not returning to the customs territory of the Customs Union previously exported goods and vehicles, and (or) placed under a customs procedure, at the end of which is provided for re-importation in time, and also in cases where such importation is mandatory - entail a fine for individuals of fifteen, on the individual entrepreneurs, legal entities of small and medium-sized businesses - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      2. Submitting to the customs bodies of the Republic of Kazakhstan invalid documents, documents, illegally obtained, or documents relating to other goods and transport, as evidence of re-exportation or importation, or failing that, for reasons of destruction or loss of the goods and vehicles by accident or force majeure, normal wear and tear or disposal of their possessions due to the illegal actions of bodies and officials of a foreign state - entails a fine on individuals in the amount of fifteen, to entrepreneurs, legal entities of small and medium-sized businesses - in the amount of thirty, to legal entities of a large enterprise - in the amount of fifty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      Footnote. Article 421 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 422. Violation of the order of destruction of goods

      Footnote. Article 422 is excluded by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 423. Illegal operations, changes in condition, use and (or) disposal of goods and means of transportation placed under a customs procedure

      Conduct of operations, changes in condition, use and (or) disposal of goods and means of transport in accordance with their customs procedures, as well as failure to comply with procedures relating to accounting and reporting and other limitations, requirements and conditions of the customs procedure established by the customs legislation of the Customs Union ( or) of the Republic of Kazakhstan, except in cases specified in other Articles of this Chapter - entail a fine of twenty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      Footnote. Article 423 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 424. Failure to comply with the application of the prohibitions and restrictions on the movement of goods and vehicles across the customs border of the customs union

      Transportation through the customs border of the Customs Union of the goods and vehicles in violation of the order of application of prohibitions and restrictions established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, in the absence of evidence of a crime - entails a fine for individuals of fifteen, on entrepreneurs, legal entity s being subject to a small or medium business - in the amount of thirty, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence or without it.

      Footnote. Article 424 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 425. Movement of goods across the customs border of the customs union by individuals in violation of simplified or preferential order

      Movement of goods across the customs border of the Customs Union by individuals in violation of simplified or preferential order determined by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, including non-compliance with the Code of the Republic of Kazakhstan "On Customs Affairs in the Republic of Kazakhstan" by writing declaration of goods and vehicles crossing the customs border of the simplified or preferential procedures, and procedures for the movement of goods in unaccompanied baggage, except as specified in other Articles of this Chapter, - entails a fine in the amount of ten monthly calculation indices.

      Footnote. Article 425 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 425-1. The violation of the order of movement of goods by international mail

      The violation of the order of movement of goods by international mail, established by the customs legislation of the Customs Union and(or) of the Republic of Kazakhstan,- entails a fine on individuals, officials in the amount of ten, on individual entrepreneurs - in the amount of twenty, for legal entities -in the amount of fifty monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article425-1in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No.297-IV (shall be enforced from 12.07.2010).

Article 426. Movement of goods and vehicles across the customs border of the customs union without customs control

      Footnote. Title of Article 426 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

      1. Movement of goods and vehicles across the customs border of the Customs Union without customs control, that is, outside of certain customs bodies of the Republic of Kazakhstan in the field of movement of goods across the customs border of the Customs Union or outside the set time of customs bodies of the Republic of Kazakhstan in the area shown in the absence of evidence of a crime - entails a fine for individuals in the amount of ten to twenty, and on legal entities and individual entrepreneurs - in the amount of thirty to forty monthly calculation indices, for legal entities of small and medium enterprises - in the amount of one hundred, on legal entities of a large enterprises - in the amount of two hundred percent of the unsettled tax obligation.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on individuals in the amount of twenty to twenty-five, and on legal entities and individual entrepreneurs - in the amount of forty to fifty monthly calculation indices on legal entities of small and medium enterprises - in the amount of two hundred, on legal entities of large enterprises - in the amount of three hundred percent of the amount of unsettled tax obligations with the confiscation of the goods and vehicles, which are the immediate subject of an administrative offence, or without such.

      Footnote. Article 426 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 427. Hiding from the customs control of goods, transferred across the customs border of the customs union

      Footnote. Title of Article 427 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

      Hiding from the customs control of goods or transferred across the customs border of the Customs Union, including the use of caches or other ways difficult to detect products, or making one kind of goods, in the absence of other evidence of a crime - entails a fine in the amount of ten to twenty-five monthly calculation indices with confiscation of goods, which were the direct object of the offence, or without it, as well as the confiscation of the goods and vehicles with special hiding places used to move through the customs border of the Customs Union with the concealment of goods and items that are the immediate subject of an administrative offence or without .

      Footnote. Article as amended by the Laws of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 428. Transportation of goods and vehicles across the customs border of the customs union with the fraudulent use of documents or means of identification

      Footnote. Title of Article 428 as amended by the Law of the Republic of Kazakhstan of 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

      Transportation through the customs border of the Customs Union of goods and vehicles with representation of the documents to the customs bodies of the Republic of Kazakhstan as required for customs purposes, invalid documents, documents illegally obtained documents containing false information or documents relating to other goods and vehicles and the use of fraudulent means of identification, or a genuine means of identification belonging to other goods and vehicles, except as specified in other Articles of this chapter, in the absence of evidence of a crime - entail a fine in the amount of ten to twenty monthly calculation indices and confiscation of goods and vehicles, which are direct objects of an administrative offence, or without it.

      Footnote. Article 428 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 429. Failure to declare or unreliable customs declaration of goods

      1. Failure to declare or unreliable customs declaration of goods transported or transferred across the customs border of the Customs Union, that is undeclared in the prescribed form or statement of the declarant, customs agents authorized economic operator in the customs declaration and other documents required for customs purposes, false information on goods, selected customs procedure, customs value or country of origin of the goods or a statement of other false information, giving the basis for exemption from payment of customs duties and taxes or reduction of their size, and undeclared other information required for customs purposes, except as specified in other Articles of this chapter - entail a fine for individuals in the amount of forty, on individual entrepreneurs and legal entities of small and medium enterprises - in the amount of one hundred, on legal entities of large enterprises - in the amount of two hundred monthly calculation indices.

      2. Actions envisaged in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty, entail a fine for individuals in the amount of one hundred, on individual entrepreneurs and legal entities of small and medium enterprises - in the amount of two hundred, on legal entities being subject to large-scale enterprises - in the amount of four hundred monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      Footnote. Article 429 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 430. Transportation, storage, acquisitions, use or disposal of the goods and vehicles imported into the customs territory of the customs union in violation of customs rules

      Footnote. Title of Article 430 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

      1. Transportation, storage, acquisition, use or disposal of the goods and vehicles imported into the customs territory of the Customs Union without customs control or with concealment of such control, or with fraudulent use of documents or means of identification, or undeclared or declared unreliable, as well as transportation, storage and the purchase of goods and means of transport, which enjoy preferential customs treatment in terms of customs duties and taxes that are used or disposed of without the permission of the customs body of the Republic of Kazakhstan for purposes other than those for which such benefits were provided - entails a fine for individuals in the amount of five to ten, to entrepreneurs, legal entities of small and medium-sized business - in the amount of fifteen to twenty-five, for legal entities of a large enterprise - in the amount of twenty-five to thirty-five monthly specified rates.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty to fifty monthly calculation indices and confiscation of goods and vehicles, which are the immediate subject of an administrative offence, or without it.

      Footnote. Article 430 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 431. Violation of rules for the use and disposal of conditionally released goods and means of transport and (or) which enjoy customs privileges in terms of customs duties and taxes

      Footnote. Title of Article 431 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

      Use and disposal of conditionally released goods and means of transport, and (or) which enjoy customs privileges in terms of customs duties and taxes for purposes other than those for which such benefits were provided, without the permission of the customs body - entail a fine and on legal entities and individual entrepreneurs in the amount of twenty to twenty-five, for legal entities of small or medium-sized business or non-profit organizations - in the amount of one hundred to four hundred, and on legal entities of a large enterprise - in the amount of five hundred to one thousand monthly calculation indices.

      Footnote. Article 431 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 432. Actions aimed at the illegal exemption from duties and taxes or underreporting

      Footnote. Article 432 is excluded by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 433. Actions directed to return without cause paid customs duties and taxes, repayments and other compensation or their return

      The customs bodies of the Republic of Kazakhstan of documents containing false information, giving the right to refund of customs payments, repayments and other benefit or their return or the return is not in full without cause, in the absence of evidence of a crime - entails a fine on officials in the amount of up to twenty-five, for legal entity s - in the amount of up to two hundred fifty monthly calculation indices.

      Footnote. Article 433 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 434. Violation of the terms of payment of customs duties and taxes

      Non-payment by payers, including persons who have the status of customs representative authorized economic operator, of the customs duties and taxes in a timely manner, as well as failure to pay in case of violation of the customs declaration when using conditionally released goods for purposes other than those in connection with which was granted exemption from payment of customs duties for the basic customs declaration, customs duties and taxes, as well as a statement of goods under the customs procedures, provide for periodic payment of customs duties and taxes - entails a fine for individuals, entrepreneurs, officials in the amount of thirty , for legal entities of small or medium-sized business or non-profit organizations - in the amount of forty, for legal entities of a large enterprise - in the amount of fifty percent of the amount of unsettled tax obligation, but not less than two hundred fifty monthly calculation indices with except from the register of customs representatives.

      Footnote. Article 434 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 434-1. Failure to comply with the customs body of the Republic of Kazakhstan on the payment of customs duties, taxes and interest on time

      Non-performance by the bank, insurance company, surety of the customs body of the Republic of Kazakhstan requirements on the payment of the outstanding amounts of customs duties, taxes and interest on time in the event of default by the payer obligation to pay customs duties and taxes in the application of methods of payment of customs payments and taxes - entails a fine on the individual businessmen, officials in the amount of thirty monthly calculation indices, for legal entities of small or medium-sized business or non-profit organizations - in the amount of forty, for legal entities of a large enterprise - in the amount of fifty percent of the amount of default, but not less than two hundred fifty monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 434-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 435. Non-performance by banks and organizations engaged in certains of banking operations, making the customs bodies of the Republic of Kazakhstan

      Non-enforcement of the customs bodies of the Republic of Kazakhstan on the collection of customs duties, taxes and penalties or the suspension of withdrawals from the account of the payer of customs duties, taxes and penalties due to the fault of banks and organizations engaged in certains of banking operations - entails a fine on officials in the amount of up to twenty-five, for legal entity s - up to two hundred fifty monthly calculation indices.

      Footnote. Article 435 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 436. Illegal activity as a customs broker, a specialist, or violation of the terms of such activities (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 437. Illegal activity as a customs carrier or violation of the terms of such activities (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 438. Failure to comply with the customs bodies of the Republic of Kazakhstan

      Failure by persons operating in the field of customs, and other persons established by the customs legislation of the Customs Union and (or) the requirements of the Republic of Kazakhstan customs bodies of the Republic of Kazakhstan and their officials in the customs declaration, customs clearance, customs declaration, the customs check, the loading and other operations with goods and vehicles, and other requirements necessary for customs control - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Article 438 is in the wording of the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 438-1. Failure to comply with the customs body of the Republic of Kazakhstan to eliminate the violations identified by the results of customs inspection

      Failure to fulfill the requirements of the customs body officials of Kazakhstan to eliminate the violations identified by the results of customs inspection in the terms established by the customs legislation of the Customs Union and (or) of the Republic of Kazakhstan, - entails a fine in the amount of fifty monthly calculation indices.

      Footnote. Chapter 26 is supplemented by Article 438-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Chapter 27. Administrative offences in transport, road facilities, communications and information

      Footnote. The title of Chapter 27 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 439. Violation of rules, ensuring the safety on railways

      1. Violation of rules of passing carting and driving cattle across railroad tracks, grazing rights of way of railways - entails a warning or a fine for individuals in the amount of up to two, for officials - in the amount of up to ten monthly calculation indices.

      2. Damage to railway, protective forests, snow barriers and other travel sites, structures and signaling and communications - entails a fine for individuals in the amount of up to five, for officials - up to ten monthly calculation indices.

      3. Failure to comply with the established dimensions of loading and unloading of goods - entails a fine on officials in the amount of five to seven monthly calculation indices.

      4. Giving, dropping on a railway track or leaving them on items that may cause a disruption of train - entails a fine in the amount of up to five monthly calculation indices.

      5. Pass on the railroad tracks in unknown locations - entails a warning or a fine of one-tenth of monthly index.

      6. Violation of the requirements of operating rules of railway transport - entails a fine for individuals in the amount of up to three, for officials - in the amount of five to seven, for legal entities of small and medium enterprises - in the amount of eight to ten, for legal entities of a large enterprise - in the amount of twenty to thirty monthly calculation indices.

      Footnote. Article 439 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 440. Violation of the rules of use of rail transport

      1. Illegal travel on freight trains, boarding and alighting on the train, how to get on the bandwagon and the roofs of cars, illegal without the need to stop the train - entails a fine in the amount of up to a monthly calculation index.

      2. Dispose of garbage and other objects out of the windows and doors of a train illegally opening front doors of a moving train - entails a warning or a fine in the amount of up to one fifth of a monthly calculation index.

      Footnote. Article 440 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 440-1. Operation of rolling stock without state registration or re-registration

      1. Operation of rolling stock without registration or re-registration in the authorized body - entails a fine on individuals of the two, for officials, entrepreneurs, legal entities of small and medium enterprises - the amount of five, for legal entities of large enterprise - in the amount of twenty monthly calculation indices.

      2. Action (inaction), referred to in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine for individuals in the amount of five, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of ten, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      Footnote. Article 440-1 is supplemented by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 441. Damage to public transport vehicles and their internal equipment

      Damage to public transport vehicles, namely, passenger cars and locomotives in rail transport, ships at sea and river transport, buses, trolleybuses, trams, as well as damage to their internal equipment - entail a fine in the amount of three to ten monthly calculation indices.

Article 442. Violation of the order of air space of the Republic of Kazakhstan

      1. Violation of the order of using the air space of the Republic of Kazakhstan to the flight of aircraft, missile launches, in alls of shooting, blasting or other activities associated with the raising, lowering or movements in the airspace of the Republic of Kazakhstan of material objects - entails a fine for individuals in the amount of one to ten, for officials - in the amount of ten to twenty monthly calculation indices with compensated seized items which appeared weapon offence or without it.

      2. The actions specified in paragraph one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine on individuals in the amount of ten to fifteen, on officials - in the amount of twenty to twenty-five monthly calculation indices and confiscation of the object, which appeared instrument of the offence or without it.

      Footnote. Article 442 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 443. Violation of safety regulations

      1. Accommodation at the aerodrome any signs and devices, similar to the marks, and the devices adopted for the identification of aerodromes, or burning of fireworks without the permission of the airport authority, airport, or a device object, contributed to large flocks of birds hazardous to aircraft operations - entails a fine for individuals in the amount of up to three, for officials - up to ten monthly calculation indices.

      2. Failure to comply with the rules on the placement of night and day marks or devices on buildings and facilities - entails a fine for individuals in the amount of up to three, for officials - up to ten monthly calculation indices.

      3. Damage to airport equipment, airport signs, aircraft and their equipment - entails a fine in the amount of ten to fifty monthly calculation indices.

      4. Pass or travel without permission through the airport (except for air terminals), airfields, facilities and radio light flight support - entails a fine in the amount of up to a monthly calculation index.

      5. Violation of safety regulations by the passenger of the aircraft, if the act created a situation that threatens the safety of the flight, - entails a fine in the amount of one hundred to two hundred monthly calculation indices or administrative arrest for up to fifteen days.

      Footnote. Article 443 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 15.07.2010 No. 340-IV (the order of enforcement see Art. 2).

Article 444. Improper site preparation and clearance work of aviation personnel

      1. Improper site preparation and clearance work of aviation personnel - entails a fine on officials in the amount of five to ten monthly calculation indices.

      2. Admission to the control of the aircraft while intoxicated persons - entails a fine on officials in the amount of ten to twenty monthly calculation indices.

Article 445. Control of the aircraft by a person in a state of intoxication

      1. Control of the aircraft by a person in a state of alcoholic, narcotic or toxic intoxication, - entails a fine in the amount of five to fifteen monthly calculation indices or removal of aircraft handling up to one year.

      2. The same actions that caused a threat to flight safety - entail a fine in the amount of ten to twenty-five monthly calculation indices or deprivation of the right to operate the aircraft for up to two years.

Article 446. Misconduct on the aircraft

      1. Failure by a person on an aircraft to fulfill the order of the captain of the vessel,

      if the actions of the person does not pose a threat to flight safety - entails a warning or a fine in the amount of up to two monthly calculation indices.

      2. Violation of rules of photography, film and video, as well as the use of radio communications from the aircraft - entails a warning or a fine in the amount of up to a monthly calculation index with the confiscation of the film and cassettes, radio communications or without it.

Article 446-1. Falsification of information and (or) a statement of false information in an official assessment of the fitness for the operation of civil aircraft

      1. Compiling by the inspector of organization, which is in the competence of an authorized body in the field of civil aviation, and issuing by the organization, which is run by the authorized body in the field of civil aviation, of the act of assessment of fitness for use of civil aircraft in which an assessment of the operation of civil aircraft falsified, and (or) is doubtful, - entails fine on the inspector organization, which is in the competence of an authorized body in the field of civil aviation, in the amount of twenty to fifty monthly calculation indices, for the organization, which is run by the authorized body in the field of civil aviation - in the amount of one hundred to one hundred fifty monthly calculation indices.

      2. Committing of acts specified in part one of this Article, repeated within a year after the imposition of an administrative penalty - entails a fine on the inspector organization, which is in the competence of an authorized body in the field of civil aviation, in the amount of one hundred to one hundred and fifty monthly calculation indices, for the organization, which is run by the authorized body in the field of civil aviation - in the amount of two hundred to three hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 446-1 in accordance with the Law of the Republic of Kazakhstan dated 15.07.2010 No. 340-IV (the order of enforcement see Art. 2).

Article 447. Violation of rules of transport of passengers, baggage and cargo

      1. Violation of the rules of international transport of passengers, baggage and cargo, except for road transport, - entails a fine in the amount of ten to fifty monthly calculation indices.

      2. Violation of rules of transport of passengers, baggage and cargo by road - entails a fine for entrepreneurs, legal entities of small and medium enterprises, in the amount of ten to fifteen, for legal entities of a large enterprise - in the amount of twenty to twenty-five monthly calculation indices.

      3. Actions envisaged in part two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entails a fine on entrepreneurs, legal entities of small and medium-sized enterprises, in the amount of fifteen to twenty, and on legal entities of large businesses - in the amount of twenty-five to fifty monthly calculation indices.

      Footnote. Article 447 is in the wording of the Law of the Republic of Kazakhstan dated July 3, 2003 No. 464; as amended dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 447-1. Violation of labor and rest of drivers in road transport of passengers, baggage or cargo

      1. Operating a motor vehicle without a control device registration of work and leisure drivers (tachograph) or turned off by such devices or with blank discs diagrammatic or without the use of electronic cards in the case of electronic (digital) tachograph, as well as free of the daily record sheets of work and leisure drivers for the implementation of:

      1) the transport of dangerous goods;

      2) the international transport of passengers, baggage and cargo;

      3) long-distance of inter-regional, inter-district (intraregional long-distance) and intra-road transport of passengers, baggage, - entails a fine for entrepreneurs, legal entities of small and medium-sized businesses, in the amount of ten to twenty, for legal entities of a large enterprise, - in the amount of twenty to fifty monthly calculation indices.

      2. Violation of work and leisure vehicle drivers in road transport of passengers, baggage or cargo - entails a fine of five to ten monthly calculation indices.

      Footnote. The Code is supplemented by Article 447-1 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2003 No. 464 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 447-2. Implementation of the international transport of passengers, baggage or cargo without permits or special permits

      Implementation of vehicle drivers, foreign-owned or foreign legal entities, international road transport in the Republic of Kazakhstan without permits or special permits in the cases stipulated by the legislation of the Republic of Kazakhstan on road transport, - entails a fine in the amount of ten to twenty-five monthly calculation indices.

      Footnote. The Code is supplemented by Article 447-2 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2003 No. 464 as amended by the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008).

Article 447-3. Lack of passenger lists for drivers of motor vehicles in the implementation of non-scheduled international passenger and luggage

      Lack of passenger lists for drivers of motor vehicles in the implementation of non-scheduled international passenger and luggage - entails a fine in the amount of three to five monthly calculation indices.

      Footnote. The Code is supplemented by Article 447-3 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2003 No. 464.

Article 447-4. Implementation of road transportation in the Republic of Kazakhstan by vehicles registered in a foreign country

      Carriage of passengers, baggage or cargo by the vehicles registered in a foreign country, including temporarily imported into the territory of the Republic of Kazakhstan, the property of a carrier of a foreign country, between points in the territory of the Republic of Kazakhstan, - entails a fine for individuals in the amount of five to ten, for entrepreneurs, legal entities of small and medium-sized businesses - in the amount of ten to twenty, and on legal entities of a large enterprise - in the amount of twenty-five to forty monthly calculation indices.

      Footnote. The Code is supplemented by Article 447-4 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2003 No. 464 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006).

Article 447-5. The lack of motor vehicle drivers in the contract of carriage of occasional transport of passengers and baggage in intra republican movement

      The lack of motor vehicle drivers in the contract of carriage of occasional transport of passengers and baggage in intra republican movement - entails a fine in the amount of five to ten monthly calculation indices.

      Footnote. The Code is supplemented by Article 447-5 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 448. Violation of rules to ensure traffic safety in maritime transport

      1. Violation of maritime transport rules for entry and exit of vessels from the port, movement and anchorage in the port waters - entails a fine in the amount of up to seven monthly calculation indices.

      2. Carrying without a permit diving works in port waters or irregularity signaling in these works - entails a fine on officials in the amount of five to ten monthly calculation indices.

Article 449. Damage to the marine transport facilities and signaling and communication

      Damage to the marine transport facilities and signaling and communications - entails a fine for individuals of up to three, for officials - up to ten monthly calculation indices.

      Footnote. Article 449 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 450. Violation of rules to ensure the safety of passengers on board of sea and river transport, and also of the small-sized vessels

      Violation of rules to ensure the safety of passengers when boarding the ships, in the route and landing from ships sea and river transport, and also of the small-sized small boats - entails a fine for individuals in the amount of up to two, for officials - up to ten monthly calculation indices.

      Note. Under the small-sized boat in Articles 450-453, 457 of this Code should be understood self-propelled vessels with the main engine capacity of less than 75 hp and self-propelled vessels with a gross tonnage of less than 80 gross tons, belonging to individuals motor boats (regardless of engine power), sailing ships, as well as self-propelled vessels (rowing boats carrying capacity of 100 kilograms and more, kayaking - 150 and more kilograms and inflatable vessels - 225 and more kilograms).

      Footnote. Article 450 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 451. Violation of the rules of the issuance of vessel or the admission to conning people without an advanced degree (certificates, licenses)

      1. Issue (direction) of the vessel (except small size) to sea without documents proving identity of the vessel, its suitability for swimming, with understaffed crew, by the non-technical condition of the vessel available documents, in violation of the loading rules, norms, passenger capacity, constraints on area and navigation conditions as well as the right to drive a ship or its machinery and equipment people without an advanced degree (certificates, licenses) - entails a fine on officials in the amount of ten to twenty monthly calculation indices.

      2. Release in the swimming small vessels not registered in the prescribed manner or without technical inspection (inspection), or having a problem, which is prohibited operation, or unmanned equipment, or converted without authorization, as well as admission to the management of small vessels of persons not having the right to operate these vessels - entail a fine on the officials responsible for the operation of small vessels in the amount of the twenty-five to fifty monthly calculation indices.

      Footnote. Article 451 as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 452. Inappropriate use of vessels as well as management of the vessel by a person without the right to drive

      1. Control of the vessel (including the small size) is not registered in the prescribed manner or not passed inspection (examination), or not carrying a flight numbers and symbols or reconstructed without a permit, or having defect with which its operation is prohibited, or in violation loading rules standards of passenger capacity, restrictions and conditions of the swimming area - entails a warning or a fine in the amount of up to five monthly calculation indices.

      2. Control of the vessel (including the small-sized) by a person who is not allowed to drive the vessel, or the transfer of control over such a boat to a person who does not have the right to drive, - entail a fine in the amount of up to three monthly calculation indices.

Article 453. Violation of rules of the road, loading and unloading ships

      1. Violation by the skippers of vessels (except small-sized) of traffic rules and give audio and visual signals, incurring ship lights and shapes, rules of loading and unloading, as well as damage of the port and hydraulic structures and equipment - entail a fine in the amount of three to five monthly calculation indices.

      2. Excess by the craft navigators of small-sized vessels of the set speed, breach of navigational signs, intentional stopping or parking in prohibited areas of the vessel, damage of hydraulic structures or facilities and signs of navigational, improper maneuvering, service of alarm sounds, incurring side lights and signs - entail a warning or a fine of up to two monthly calculation indices or deprivation of the right to drive small-sized boat for up to one year.

      3. Violation of small craft navigators other rules for using small vessels - entail a warning or a fine in the amount of up to a monthly calculation index.

Article 454. Driving of the vessel by the skipper or other person in a state of intoxication

      1. Driving of the vessel by the skipper in a state of alcohol, drugs or toxic intoxication, as well as the transfer of driving over such a vessel by the skipper in a state of alcohol, drugs or toxic intoxication, - entail a fine in the amount of five to fifteen monthly calculation indices or removal of right to drive the vessel for a period of up to one year.

      2. The same actions that caused a security risk passengers - entail a fine of ten to twenty-five monthly calculation indices or removal right to drive the vessel for a period of two years.

      3. Evasion of the skippers from trainee in accordance with the established procedure for certification of alcohol, drugs and toxic substances - entails a fine in the amount of three to ten monthly calculation indices or removal of right to drive the vessel up to one year.

      4. Driving of the vessel on inland waterways by the person who is not allowed to drive the ship or in a state of alcoholic, narcotic or toxic intoxication, - entails a fine in the amount of ten to fifteen monthly calculation indices.

      5. Admission to driving of the vessel by the persons in a state of alcoholic, narcotic or toxic intoxication, - entail a fine on the officials responsible for the operation of vessels, in the amount of ten to fifty monthly calculation indices.

      Footnote. Article 454 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 455. Violation of rules to ensure the safe operation of vessels on inland waterways

      1. Conducting without proper authorization diving or irregularity signaling during this work, the violation of the installation and equipment of holding grounds and forest harbors, equipment of stake nets and other devices for fishing in undesignated for this purpose without the consent of the relevant bodies - entail a fine for individuals in the amount of up to three, for officials - up to ten monthly calculation indices.

      2. Destruction, damage, failure, illegal displacement floating and coastal navigation aids, communication and alarm systems, improper maintenance, operation and adjusted mode of navigation equipment on bridges, dams and other hydraulic structures, the installation without proper authorization (approval) of signs, structures, sources of sound and light signals, interfering in recognition of navigation signs and signals - entail a fine on individuals in the amount of up to three, for officials - up to ten monthly calculation indices.

      3. Emission overboard garbage and other items - entails a warning or a fine of up to one-third of a monthly calculation index.

      Footnote. Article 455 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 456. Violation of the rules of loading, unloading and storage of cargo in the river ports and harbors

      Violation of the rules of loading, unloading and storage of cargo in the river ports and harbors - entails a fine in the amount of up to two monthly calculation indices.

Article 457. Violation of rules on use of bases (facilities) for parking of small-sized vessels

      Operation bases (facilities) for parking of small-sized vessels without the permission of the bodies or violation of the standards on basing of small-sized vessels, conditions and technical requirements for the safe operation of the bases (structures), as well as the maintenance on these bases (structures) not registered in the prescribed manner of small-sized vessels - entail a fine for officials, entrepreneurs, legal entities of small and medium-sized business, in the amount of ten to twenty, for legal entities of a large enterprise - in the amount of twenty to thirty monthly calculation indices.

      Footnote. Article 457 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 458. Violation of Rules on Registration and Recording the Vessels and the Rules of Construction, Technical Operation of Vessels

      1. Violation of rules on registration and recording the vessels - entails a warning or a fine on individuals in the amount of up to two, for officials - in the amount of up to ten monthly calculation indices.

      2. Violation of the rules of construction, technical operation of vessels - entails a fine for individuals of up to ten, on the entrepreneurs, legal entities of small and medium enterprises - in the amount up to twenty, for legal entities of a large enterprise - in the amount of up to thirty monthly calculation indices.

      Footnote. Article 458 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 459. Smoking in undesignated places on transport

      Smoking in unauthorized places, in the trains of local and long-distance movement, on ships of the air, sea and river transport, and in the salons of the city coaches, taxis and city transport - entails a warning or a fine of in the amount of up to one-third of the monthly calculation index.

Article 460. Violation of fire safety in transport

      1. Violation of the transport of fire safety regulations - entails a fine for individuals in the amount of up to two, for officials - in the amount of up to five monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on individuals in the amount of up to three, for officials - in the amount of up to ten monthly calculation indices.

      Footnote. Article 460 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006).

Article 461. Violation of the Rules on Operation of transport Means

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

      1. Driving of registered vehicles with non-readable or established in violation of the standards of the state registration number signs (sign) - entails a fine in the amount of five monthly calculation indices.

      2. Driving a vehicle without state registration plates (sign) or after banning its use, or not registered in the prescribed manner, - entails a fine in the amount of ten monthly calculation indices.

      3. Installation on the vehicle knowingly false or counterfeit state registration plates (sign) - entails a fine for individuals of fifteen, for officials responsible for the operation of vehicles - in the amount of fifty, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of two hundred, on legal entities of a large enterprise - in the amount of one thousand monthly calculation indices.

      3-1. Driving a vehicle with fake or counterfeit state registration number signs (sign) - entails a fine in the amount of twenty monthly calculation indices or removal of driving for one year.

      4. Driving the vehicles that do not meet the rules of road safety, except as provided in part five of this Article - entails a fine in the amount of five monthly calculation indices.

      5. Driving of the having defect in the braking system, steering, trailer hitch, - entails a fine in the amount of fifteen monthly calculation indices.

      6. Driving of the transport, reconstructed without permission - entails a fine in the amount of fifteen monthly calculation indices.

      Note. Under the vehicle in this Chapter of the Code must be understood all kinds of cars, tractors and other self-propelled cars, trams, trolley buses and motorcycles and other motor vehicles.

      6-1. Driving of the bus, microbus, do not pass inspection before the voyage, in the implementation of regular or irregular transportation of passengers and baggage -entails a fine individual entrepreneurs in the amount of five to ten, on officials in the amount of ten to twenty-five monthly calculation indices.

      7. Driving of the transport, not having passed a state or compulsory technical inspection, - entails a fine in the amount of three monthly calculation indices.

      8. The actions referred to in the first, fourth and fifth parts of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty monthly calculation indices.

      Footnote. Article 461 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2003 No. 464, dated 09.12.2004 No. 10, dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2), dated 24.01.2011 No. 399-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 461-1. Use in a driving of a vehicle of the telephone or radio by the driver

      1. Use in a driving a vehicle of the telephone or radio station by the driver -entails a fine in the amount of five monthly calculation indices.

      2. Action set forth in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of seven monthly calculation indices.

      Note. While driving a vehicle is allowed to use the telephone or radio through the use of headphones or speakerphone.

      Footnote. Chapter 27 is supplemented by Article 461-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 462. Exceeding of installed speed by vehicle drivers

      1. Exceeding of installed speed by vehicle drivers from ten to twenty miles an hour - entails a fine in the amount of five monthly calculation indices.

      2. Exceeding the established speed of the vehicle by the set from twenty to forty miles an hour - entails a fine in the amount of ten monthly calculation indices.

      3. Exceeding the established speed of the vehicle by the set of more than forty miles an hour - entails a fine in the amount of fifteen monthly calculation indices.

      4. The actions referred to in the second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty monthly calculation indices.

      Footnote. Article 462 as amended by the Laws of the Republic of Kazakhstan dated 09.12.2004 No. 10, dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463. Failure to comply with the rules by drivers of vehicles stopping route vehicles, traffic in residential areas, transportation of passengers and cargo and other serious traffic violations

      1. Failure to comply with the rules by drivers of vehicles stopping route vehicles, traffic in residential areas, transportation of passengers and cargo, using safety belts when driving on a vehicle equipped with them, when a motorcycle crash helmets and transporting them passengers, towing vehicles, use of lighting in the at night or in poor visibility conditions - entails a fine in the amount of five monthly calculation indices.

      1-1. (Deleted - by the Law of the Republic of Kazakhstan of 04.07.2008 N 55-IV (order of entry into force see Art. 2).

      2. Transportation of dangerous goods by vehicles or specialized vehicles in violation of the rules, as well as without a special permit for the transportation of dangerous goods ofes 1, 6 and 7 - entails a fine for individuals in the amount of five to ten, on the individual entrepreneurs, legal entities by small and medium-sized businesses - in the amount of ten to thirty, for legal entities of a large enterprise - in the amount of thirty to fifty monthly calculation indices.

      3. Passage of large-overall and (or) heavyweight vehicles, as well as transportation of indivisible large-overall and (or) heavyweight goods by specialized vehicles with the breach of the rules, as well as without a special permit - entails a fine on individuals in the amount of five to ten, on the individual entrepreneurs and legal entities of small and medium-sized businesses - in the amount of ten to thirty, for legal entities of a large enterprise - in the amount of thirty to fifty monthly calculation indices.

      4. Action set forth in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of ten monthly calculation indices.

      Footnote. Article 463 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2003 No. 464, dated 09.12.2004 No. 10, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2), dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 463-1. Violation of rules of passage of crossroads or crossing the roadway

      1. Driving to crossroads or crossing the roadway when foul that led to the creation of obstacles (mash) for the traffic in the transverse direction, - entails a fine in the amount of five monthly calculation indices.

      2. Failure to observe requirements of the traffic to give way to vehicles using the right of crossing of crossroads, - entails a fine in the amount of five monthly calculation indices.

      3. Actions described in parts one and two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entail a fine in the amount of fifteen monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-2. Violation of the rules of maneuvering

      1. Failure to submit a traffic signal before moving, readjustment, turning, turning or stopping - entails a fine in the amount of three monthly calculation indices.

      2. Turn or backing up in places where such maneuvers are prohibited, - entails a fine in the amount of five monthly calculation indices.

      3. Failure to observe requirements of the traffic to give way to the vehicle, a preferential right to movement, except as specified in paragraph two of Article 463-1 and Article 463-5 of the Code - entails a fine in the amount of five monthly calculation indices.

      4. The actions referred to in the second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entail a fine in the amount of fifteen monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-3. Violation of a rule of the vehicle on the roadway, passing oncoming traffic or overtaking

      1. Movement on pedestrian paths, sidewalks or roadsides in violation of the rules of the traffic - entails a fine in the amount of seven monthly calculation indices.

      2. Violation of a rules on placing of the vehicle on the roadway, passing oncoming traffic or overtaking without going to the side of the roadway designated for oncoming traffic, as well as the crossing of an organized transport or walking columns or occupation of the place in it - entails a fine in the amount of seven monthly calculation indices.

      3. Driving to the side of the roadway designated for oncoming traffic, in cases where it is prohibited by the rules of the traffic, - entails a fine in the amount of fifteen monthly calculation indices.

      4. Actions described in parts one and two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entail a fine in the amount of fifteen monthly calculation indices.

      5. Action set forth in the third part of this Article, if repeated within one year after the imposition of administrative penalties - entails disqualification for driving the vehicles for six months.

      Footnote. Chapter 27 is supplemented by Article 463-3 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-4. Violation of rules of stopping off or parking of vehicles

      1. Violation of rules of stopping off or parking of vehicles, except as provided in part one of Article 463, Article 466 of this Code and parts of the second - the third of this Article - entails a fine in the amount of five monthly calculation indices.

      2. Violation of rules of stopping off or parking of vehicles on the sidewalk, as well as stopping or parking of vehicles on beds, nursery or playground - entails a fine in the amount of six monthly calculation indices.

      3. Violation of rules of stopping off or parking of vehicles on the roadway, which caused obstruction of the movement for other vehicles - entails a fine in the amount of seven monthly calculation indices.

      4. The actions referred to in the first, second and third parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entails a fine in the amount of fifteen monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-4 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-5. Non-providing the Benefits in Moving to the Vehicles of operation and Special Services with the included special light and sound signals

      1. Non-providing the benefits of in moving to the vehicles of operation and special services while integrating a special flashing light and sound signal - entails a fine in the amount of seven monthly calculation indices.

      2. Non-providing the benefits of in moving to the vehicles of operation and special services having applied to the outer surface of the special color flowcharts, signs and symbols, both included with flashing light and a special sound signal - entails a fine in the amount of ten monthly calculation indices.

      3. Actions described in parts one and two of this Article committed repeatedly within one year after the imposition of an administrative penalty - entail a fine in the amount of fifteen monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-5 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-6. Crossing the road to the red light or to prohibiting movement of the traffic controller

      1. Crossing the road to the red light or to prohibiting movement of the traffic controller, except as provided in part one of Article 466 of this Code, - entails a fine in the amount of ten monthly calculation indices.

      2. Action set forth in the first paragraph, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-6 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-7. Non-providing the benefits in the moving for pedestrians or other road users

      1. Failure to comply with rules of the road to give way to pedestrians or other road users, with the exception of motor vehicle drivers that take advantage of the move - entails a fine in the amount of ten monthly calculation indices.

      2. Action set forth in the first part, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-7 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 463-8. Failure to comply with the requirements prescribed traffic signs or road markings

      1. Failure to comply with the requirements prescribed traffic signs or road markings, except as specified in other Articles of this chapter, - entails a fine in the amount of five monthly calculation indices.

      2. Action set forth in the first part of this Article if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of ten monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 463-8 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 464. Violation of the rules by drivers of vehicles of driving lessons, use of external light devices and (or) the sound signals of alarm

      Footnote. Title of Article as amended by the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

      1. Violation of the rules by drivers of vehicles of driving lessons, use of external light devices and (or) the sound signals of alarm and warning triangle - entails a fine in the amount of five monthly calculation indices.

      2. Action set forth in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine of seven monthly calculation indices.

      Footnote. Article 464 as amended by the Law of the Republic of Kazakhstan dated 04.07.2008 N 55-IV (the order of enforcement see Art. 2).

Article 464-1. Violation of the rules on installation on the vehicle equipment for supply special light and (or) sound signals or illegal application of special color graphic schemes of operating vehicles and special services

      1. Installation on the front of the vehicle lighting system with lights of red color or light returning fixtures of red color , as well as lights, color and mode of operation of which not complied with the requirements for admission of vehicles to operate - entails a fine for individuals of fifteen, on officials, the persons responsible for the operation of vehicles, entrepreneurs, legal entities of small and medium-sized business, non-profit organizations - in the amount of one hundred and fifty, for legal entities of a large enterprise - in the amount of one thousand and a half monthly calculation indices with confiscation of instruments and devices.

      2. Installation on the vehicle without a permit of devices to supply special light and (or) audio signals (except alarm) - entails a fine for individuals in the amount of twenty-five, on the officials responsible for the operation of vehicles, entrepreneurs, legal entity s being subject to a small or medium-sized business, non-profit organizations - in the amount of two hundred, on legal entities of a large enterprise - in the amount of two thousand monthly calculation indices and confiscation of such equipment.

      3. Illegal application on the outer surface of the vehicle specific color graphic schemes of the operating vehicles and special services - entails a fine for individuals in the amount of twenty-five, on the officials responsible for the operation of vehicles, entrepreneurs, legal entities of small and medium enterprises, non-profit organizations - in the amount of two hundred, on legal entities of a large enterprise - in the amount of two thousand monthly calculation indices.

      Footnote. Chapter 27 is supplemented by Article 464-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 465. Violation by the road user of the rules of traffic, caused the creation of emergency

      1. Violation by the road user of the rules of traffic, caused the creation of an emergency situation, that is, will force other traffic participants dramatically change the speed, direction of movement, - entails a fine in the amount of ten monthly calculation indices.

      2. Action set forth in the first part of this Article, if repeated within one year after the imposition of administrative penalties - entails disqualification from driving a vehicle for a period of six months.

      Footnote. Article 465 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 466. Violation of rules of railway crossings passage

      1. The crossing of the railway outside the railway crossing, exit at a railway crossing in the closed or closing barrier or in prohibiting traffic light or person on duty, as well as stopping or parking on a railway crossing - entails a fine in the amount of ten monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail deprivation of the right to drive vehicles for a period of six months.

      Footnote. Article 466 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 467. Driving a vehicle by a driver in a state of alcohol, drugs and (or) toxic intoxication, as well as the transfer of driving of the vehicle to the person being in a state of alcohol, drug, and (or) toxic intoxication

      1. Driving a vehicle by a driver in a state of alcohol, drugs and (or) toxic intoxication or the transfer of driving of the vehicle to the person being in a state of alcohol, drug, and (or) toxic intoxication - entails disqualification from driving a vehicle for a period of two years.

      2. The same actions that caused the creation of an emergency situation - entail deprivation of the right to drive a vehicle for a period of three years.

      3. The actions specified in part one of this Article that has caused harm to the victim, no signs of a criminal offence, or damage to vehicles, cargo, road and other facilities or other property - entail deprivation of the right to drive a vehicle for a period of four years.

      4. The actions referred to part of the first, second and third parts of this Article, if repeated within one year after the expiration of an administrative penalty - entails administrative detention for ten days and deprivation of the right to drive vehicles for a period of five years.

      5. The same actions, if repeated within one year after the expiration of an administrative penalty under part four of this Article - entail administrative detention for fifteen days and deprivation of the right to drive vehicles for ten years.

      6. The actions referred to the first, second and third parts of this Article, committed by a person deprived of the right to drive a vehicle - entail administrative detention for ten days.

      7. The same actions, if repeated within one year after the expiration of an administrative penalty under part six of this Article - entail administrative detention for fifteen days.

      8. The actions referred to in the first, second and third parts of this Article committed by persons who have no right to drive vehicles - entail administrative detention for ten days.

      9. The same actions, if repeated within one year after the expiration of an administrative penalty under part eight of this Article - entail administrative detention for fifteen days.

      10. Actions described in parts six, seven, eight and nine of this Article, committed by persons to whom administrative detention in accordance with the third part of Article 55 of this Code shall not applied - entail a fine in the amount of one hundred monthly calculation indices.

      Note. Being of the driver in a state of intoxication (alcohol, drugs, toxic) is installed in the order determined by the third part of Article 629 of this Code.

      Footnote. Article 467 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 467-1. Fulfillment of regular transportation of passengers and luggage without a certificate confirming the right to service the routes of these transportations

      1. Fulfillment of regular transportation of passengers and luggage without a certificate confirming the right to service the routes of these transportations, - entail fine for individuals in the amount of three to five, on entrepreneurs, legal entities of small and medium enterprises - in the amount of five to fifteen, for legal entities of a large enterprise - in the amount of fifteen to twenty-five monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on individuals in the amount of five to ten, on to entrepreneurs, legal entities of small and medium-sized enterprises, in the amount of fifteen thirty, and on legal entities of a large enterprise - in the amount of twenty-five to fifty monthly calculation indices.

      Footnote. Supplemented by Article 467-1 by the Law of the Republic of Kazakhstan dated July 3, 2003 No. 464; as amended - dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 468. Violation by vehicle drivers of the rules of road safety, which caused harm to human health, damage to vehicles or other property

      1. Violation by vehicle drivers of the rules of road safety, which caused damage to vehicles, cargo, road, road and other facilities or other property, causing material damage - entails a fine in the amount of ten monthly calculation indices or deprivation of the right to drive a vehicle for a period of nine months.

      2. The same actions that involved the infliction of bodily harm to the victim - entail a fine in the amount of fifteen monthly calculation indices and deprivation of the right to drive vehicles for a period of one year.

      3. Actions described in parts one and two of this Article committed by a person without the right to drive vehicles - entail a fine in the amount of twenty monthly calculation indices.

      Footnote. Article 468 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 09.12.2004 No. 10, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 468-1. Violation of traffic rules and operation of vehicles by persons driving vehicles

      Violation by a person driving a car, trolley, tram or other motor vehicle traffic or operation of vehicles, which negligently causing moderate damage to human health, - entails a fine in the amount of two hundred to five hundred monthly calculation indices or administrative arrest for up to forty five days and the deprivation of the right to drive vehicles for a period of one to two years.

      Footnote. The Code is supplemented by Article 468-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication) as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 468-2. Violation of the rules on the transport

      Violation of the rules on the transport of the order and safety of persons who perform management functions in the road, construction and other organizations, and responsible for the operation of roads and road facilities, their equipment, as well as traffic management, where it caused:

      a) causing major damage;

      b) causing bodily injury of medium gravity, - entail a fine in the amount of two hundred to five hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Note. Major damage in this Article recognizes as the damage caused to an individual in an amount of more than one hundred monthly calculation indices, or damage caused to the organization or the state in the amount of five hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 468-2 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 469. Leaving the scene of a traffic accident

      Leaving by a person driving a vehicle in violation of the rules of the road scene of a traffic accident, to which he was not having characteristics of a criminal offence - entails deprivation of right to drive a vehicle for a period of one year.

      Note. The person who left the place of accident in connection with the provision of medical care to the victim, shall be exempt from liability under this Article.

      Footnote. Article 469 as amended by the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 470. Driving a vehicle by a person undocumented and not having the right to drive

      1. Driving a vehicle by a driver who has no a driving license or a temporary permit issued instead of driver's license for the right of driving, registration and other documents on the vehicle, stipulated by legislation, - entails a fine in the amount of five monthly calculation indices.

      2. Driving a vehicle by a person not having the right to drive (other than driving lessons), as well as driving of the vehicle by the driver not having the right to drive the corresponding category of vehicles, or the transfer of driving of the vehicle by a person not having the right to drive (except in an individual driver training order in accordance with the rules), - entail a fine in the amount of fifteen monthly calculation indices.

      3. Driving a vehicle by a person not having insurance policy on compulsory insurance of civil liability of vehicle owners and (or) the compulsory insurance of civil liability of the carrier to passengers - entail a fine in the amount of one monthly calculation index.

      4. Driving a vehicle by the driver, deprived of the right to drive vehicles, or the transfer of driving of the vehicle to the person deprived of the right to drive a vehicle - entails a fine in the amount of ten monthly calculation indices.

      5. Actions described in parts two, three and four of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine in the amount of thirty monthly calculation indices.

      Footnote. Article 470 as amended by the Laws of the Republic of Kazakhstan dated 03.06.2003 No. 428, dated 05.12.2003 No. 506, dated 09.12.2004 No. 10, dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 471. Failure to comply with law enforcement officers (police) vehicle control at checkpoints of vehicles across the state border of the Republic of Kazakhstan and the positions of the transport control in the territory of the Republic of Kazakhstan to stop the vehicle, failure to pass the state examination for alcohol, drug, and (or) toxic intoxication

      Footnote. Title of Article as amended by the Law of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

      1. Failure to comply with legal requirements of the bodies of internal affairs (police) to stop the vehicle - entails a fine in the amount of ten monthly calculation indices.

      1-1. Failure to comply with legal requirements of the transport control bodies at the checkpoints of vehicles across the state border of the Republic of Kazakhstan and the positions of the transport control in the territory of the Republic of Kazakhstan to stop the vehicle - entails a fine of five to ten monthly calculation indices or disqualification from driving for a period of six months to one year.

      1-2. Action set forth in the first part of this Article, if repeated within one year after the imposition of administrative penalties - entails disqualification from driving for six months.

      2. Failure to comply with legal requirements of the bodies of internal affairs (police) on the passage in accordance with the established procedure for certification of alcohol, drugs and (or) intoxication - entails disqualification from driving for a period of two years.

      Note. Requirement of internal affairs (police), vehicle control in uniform to stop the vehicle is expressed by a signal or gesture hand while a signal whistle or by loudspeaker device. The signals should be clear to the driver and served in a timely manner, so that their performance does not create an emergency situation.

      Footnote. Article 471 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 472. Impeding the traffic of vehicles

      Willfully impeding the traffic of vehicles, as well as failure to comply with the officials authorized to monitor compliance with the rules of traffic, to eliminate such obstacles - entails a fine on individuals of up to three, for officials - in the amount of up to ten monthly calculation indices.

      Footnote. Article 472 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006).

Article 473. Violation of traffic rules by pedestrians and other road users

      1. Failure of pedestrians and other road users to fulfill the traffic requirements of the rules of road safety - entails a fine in the amount of five monthly calculation indices.

      2. The same action that has caused harm to the victim, not having the evidence of a criminal act or having caused the damage - entail a fine in the amount of ten monthly calculation indices.

      3. The systematic violation by pedestrians and other road users of the requirements of the rules of road safety - entails a fine in the amount of fifteen monthly calculation indices or administrative arrest for three days.

      Note. By other road users in this Article should be understood the people driving mopeds, bicycles and horse-drawn wagons, drovers, leading the pack on the road, riding animals or a herd, as well as passenger of vehicles.

      Footnote. Article 473 as amended by the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 473-1. Violation of the legislation of the Republic of Kazakhstan in the sphere of the compulsory technical inspection of motor vehicles and their trailers

      1. Violation of the legislation of the Republic of Kazakhstan in the sphere of the compulsory technical inspection of motor vehicles and their trailers, committed as follows:

      issuance of a diagnostic inspection card indicating the parameters not meeting the technical conditions of motor vehicles and trailers, established during the audit of the operator's inspection;

      issuance by operator of inspection certificate on getting compulsory technical inspection to the owner technically defected the motor vehicle and trailers to it;

      unjustified refusal of the mandatory technical inspection;

      failure to provide data to a single information system of mandatory technical inspection of motor vehicles and trailers;

      non notification or late notification of changing the location of the center of inspection;

      non informing the public about the schedule for mandatory inspection activities in the region;

      violations of the timetable for the mandatory inspection, - entails a fine for individual entrepreneurs and legal entities of small and medium-sized enterprises, in the amount of twenty, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      2. The combination of services for the mandatory inspection and repair, maintenance of motor vehicles and trailers - entails fine on the individual entrepreneurs and legal entities of small and medium-sized enterprises, in the amount of forty, for legal entities of a large enterprise, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices, with the exception from the registry operators of technical inspection.

      3. The provision of services by individuals, individual entrepreneurs and legal entities for repair and maintenance of motor vehicles and trailers in the center of inspection - entails a fine for individuals of fifteen, individual entrepreneurs and legal entities of small and medium enterprises - in the amount of forty, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices.

      4. Provision of deliberately false information for inclusion in the register of operators inspection - entails a fine for individual entrepreneurs and legal entities of small and medium-sized enterprises in the amount of forty, for legal entities of a large enterprise - in the amount of fifty monthly calculation indices with exception from to the registry operator inspection.

      5. Actions envisaged in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on individual entrepreneurs and legal entities of small and medium-sized enterprises in the amount of forty, for legal entities of large enterprises - of fifty monthly calculation indices, with the exception from the registry operator inspection.

      Footnote. The Code is supplemented by Article 473-1 in accordance with the Law of the Republic of Kazakhstan dated 24.01.2011 No. 399-IV (shall be enforced upon expiry of ten calendar days after its first official publication) as amended by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 474. Putting into operation of vehicles with technical defects and other violations of the rules of operation

      1. Failure to comply with the officials responsible for the condition and operation of the vehicle, the requirements of the rules of road safety, except in cases provided for in Article 475 of this Code - entails a fine on the officials, entrepreneurs, legal entities of small and medium businesses in the amount of ten to twenty, for legal entities of a large enterprise - in the amount of thirty to forty monthly calculation indices.

      2. The same actions that involved the infliction of bodily harm to the victim or damage to vehicles, cargo, road or other structures or other property, as well as failure to comply with the authorized state body, relating to technical or other use of the vehicle or road safety, - entail a fine on officials, entrepreneurs, legal entities of small and medium-sized enterprises, in the amount of twenty to forty, and on legal entities of a large enterprise - in the amount of forty to fifty monthly calculation indices.

      Footnote. Article 474 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 474-1. Faulty repair of vehicles and putting them into operation with Technical Defects

      Faulty repair of vehicles, roads, signaling or communications or other transport equipment, as well as putting to operation technically faulty vehicles by a person responsible for the condition of the technical state of the vehicles if these actions entailed by negligence the infliction of moderate bodily harm - entail a fine on individuals in the amount of up to two hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Footnote. The Code is supplemented by Article 474-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 475. Admission of a driver to driving a vehicle who is in a state of intoxication or a person who has no the right to drive

      1. Admission by the official responsible for the condition and operation of the vehicle to the driver's control of a vehicle of the driver who is in a state of alcoholic, narcotic or toxic substances, or the person who is not entitled to a vehicle, as well as the appropriate category - entails a fine in the amount of ten to fifty monthly calculation indices.

      2. The same actions that involved the infliction of bodily harm to the victim or damage to vehicles, cargo, road or other structures or other property - entail a fine on the officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations in the amount of hundred, on legal entities of large enterprises - in the amount of one hundred and fifty monthly calculation indices.

      3. Admission to driving a vehicle of a person who is in a state of alcoholic, narcotic or other intoxication, done by the owner or the owner of the vehicle, if it caused by negligence the infliction of moderate bodily harm, - entails a fine in the amount of three hundred to five hundred monthly calculation indices or administrative arrest to forty-five days.

      Footnote. Article 475 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 476. Violation of other requirements for road users

      Violation of other requirements for road users set by the rules of road safety, not listed in this Chapter of the Code, - entails a warning or a fine equal to half of the monthly calculation index.

      Note. In drawing up the protocol is specified what kind of standard of rules of road safety is violated.

Article 477. Violation of the Rules on Transportation of dangerous substances or objects in transport

      1. Violation in the railway transport system of the rules on transportation of dangerous substances or objects of hand luggage, - entails a warning or a fine of up to a monthly calculation index.

      2. Violation in the maritime and river transport system of the rules on transportation of the dangerous substances and objects, as well as the failure by officials to register obligations in the relevant operations with hazardous substances or objects, making false entries or illegal refusal to present such documents to the appropriate officials - entail a warning or a fine for individuals equal to one, for officials - in the amount of up to ten monthly calculation indices.

      3. Violation in the aircrafts of the rules on transportation of the dangerous substances or objects - entails a fine for individuals of up to one, for officials - in the amount of up to ten monthly calculation indices and confiscation of these substances and items or without it.

      4. Carriage in the of the bus, tram, trolley, route taxi of the explosive substances and objects, as well as putting them in luggage or luggage lockers in the auto transport - entail a fine in the amount of up to three monthly calculation indices.

      Footnote. Article 477 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 478. Violation of the rules of use of public urban and suburban transport

      Violation of usage rules by tram, trolley buses and commuter trains or taxis, perfect as a passage on the pegs and other protruding parts of the vehicle, the input and output while driving, obstruction of opening and closing doors, carriage of cutting items without appropriate packaging and items and things that pollute the area and clothing of passengers, - entails a fine in the amount of one-fifth to one monthly calculation index.

Article 479. Ticketless passenger transportation

      Ticketless transportation of passengers:

      1) in the aircrafts operating at international air routes - entails a fine in the amount of ten monthly calculation indices.

      2) in the aircrafts operating at internal air routes - entails a fine in the amount of eight monthly calculation indices;

      3) in the trains of international traffic - entails a fine in the amount of seven monthly calculation indices;

      4) in the intercity trains - entails a fine in the amount of five monthly calculation indices;

      5) in the ships of international traffic - entails a fine in the amount of seven monthly calculation indices;

      6) in marine vehicles of intra republican navigation - entails a fine in the amount of six monthly calculation indices;

      7) in the river ships of international traffic - entails a fine in the amount of six monthly calculation indices;

      8) in riverboats of international traffic - entails a fine in the amount of five monthly calculation indices;

      9) in the tram, bus, buses and commuter trains and route taxis - entails a fine in the amount of five monthly calculation indices;

      10) in the bus of international, long-distance inter-regional, inter-regional (intra-intercity) and intra-communication traffic - entails a fine in the amount of seven monthly calculation indices.

      Footnote. Article 479 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 480. Hand luggage, baggage and cargo luggage without charge

      1. Carriage of the hand baggage in excess of the norms of the unpaid luggage by rail, sea and river transport - entails a fine in the amount of half the a monthly calculation index.

      2. Evasion of weighing, concealment of the weight of hand baggage and carry-on of baggage transportation in excess of the standards for air transport - entails a fine in the amount of one-tenth of a monthly calculation index per kilogram over established norms.

      3. Unpaid luggage in the trolley, trolley, buses and commuter trains and route taxis - entails a fine in the amount of one-tenth of a monthly calculation index for each piece of luggage.

      4. Unpaid luggage in the bus Intercity - entails a fine in the amount of one fifth monthly index for each piece of luggage.

      5. Unpaid baggage or cargo luggage at the railway, sea, river, air transport - entails a fine in the amount of up to twenty monthly calculation indices.

      Footnote. Article 480 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 480-1. Violation of rules of sale, renewal of travel documents (tickets) and ticket counters of the railway transport

      Violation of rules of sale, renewal of travel documents (tickets) and the work of the ticket office at the railway - entails a fine for legal entities of small and medium-sized enterprises, in the amount of five to ten, and on legal entities of a large enterprise, - in the amount of twenty to thirty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 480-1 in accordance with the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 481. Violation of rules on the safety of goods delivered by rail, sea, river and road transport

      1. Damage to rolling stock, containers, floating and other vehicles for the transport of goods as well as transportation devices - entails a fine in the amount of up to five monthly calculation indices.

      2. Damage to seals and locking devices wagons, cars, trailers, containers, cargo holds and other spaces craft, tearing off their seals, damage to individual packages and packaging, packages, freight yards fences, railway stations, freight stations, container points (sites), ports (marinas) and warehouses, which are used to perform operations associated with freight transportation, as well as staying without authorization in the freight yards, container points (sites), commercial areas (sites), ports (marinas), gateways and above stores - entails a fine in the amount of up to ten monthly calculation indices.

Article 482. Violation of rules to ensure the safety of goods in air transport

      1. Damage of seals and closures containers, failure to seal them, the damage of individual packages and their packaging, packages, and fences warehouses, which are used to perform operations associated with the carriage of goods by air transport - entail a fine in the amount of up to ten monthly calculation indices.

      2. Damage of the containers and vehicles for the transport of goods by air transport, - entails a fine in the amount of up to ten monthly calculation indices.

Article 483. Violation of rules on use of tractors and other self-propelled machinery

      Violation of rules on use of tractors and other self-propelled machinery and equipment, except as provided for in Articles 246, 247, 461, 468, 470, 474, 475 of this Code - entails a fine for individuals in the amount of one to three, on officials responsible for the operation of tractors and other self-propelled machinery and equipment - in the amount of up to ten monthly calculation indices.

      Footnote. Article 483 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 484. The systematic violation of the rules of operation and traffic by individuals driving vehicles

      1. The systematic violation of the rules of operation of vehicles, that is committed within three years or more offences under Articles 246, 247, 461, 474, 475 and 483 of this Code - entails disqualification of individuals from driving for six months and the imposition of a fine on the officials responsible for the operation of vehicles - in the amount of thirty monthly calculation indices.

      2. The systematic violation of traffic rules by individuals, driving a vehicle that is the commission within a year three and more offences under Articles 461, 461-1, 462, 463, 463-1, 463-2, 463-3, 463-4 , 463-5, 463-6, 463-7, 463-8, 464, 465, 466 and 471 (by the first, second parts) of this Code - entails disqualification of individuals from driving for six months.

      Footnote. Article 484 is in the wording of the Law of the Republic of Kazakhstan dated 09.12.2004 No. 10; as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 485. Damage to roads, crossings and other road structures

      1. Damage to roads, crossings and other structures or technical regulation of traffic, including by pollution of road surface or run out of animals in designated areas and on roads with improved surface and the lack of visibility of traffic control as a result of the installation of various structures or land green spaces, or untimely pruning them - entails a fine on individuals in the amount of one to two, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of twenty, for legal entities of a large businesses - in the amount of twenty to thirty monthly calculation indices.

      2. Violations under the first part of this Article, which caused a traffic accident with causing bodily harm to the victim, damage to vehicles, cargo or other property - entail a fine on individuals in the amount of three to five, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of up to fifty, for legal entities of a large enterprise - in the amount of forty to one hundred monthly calculation indices.

      Footnote. Article 485 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 486. Violation of rules of road crossings and other road structures

      1. Failure to comply with the requirements of the officials for the production of works on roads, maintenance of roads, railway crossings and road facilities, and other requirements of the rules of road safety, - entails a fine on the officials responsible for the condition of the roads, railway crossings, technical means of traffic control and other road structures for entrepreneurs, legal entities of small and medium-sized businesses, in the amount of seven to fifteen, for legal entities of a large enterprise - in the amount of twenty to thirty monthly calculation indices.

      2. Violations under the first part of this Article, which caused a traffic accident with causing minor injury to the victim's health, damage to vehicles, cargo, road, road and other facilities or other property, as well as failure to comply with the authorized state body, on the organization of traffic or security of road safety - entail a fine on the officials responsible for the condition of roads, railway crossings, technical means to control traffic and other road structures for entrepreneurs, legal entities of small and medium-sized enterprises, in the amount of ten to twenty, on legal entities of a large enterprise - in the amount of thirty to fifty monthly calculation indices.

      Footnote. Article 486 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 487. Violation of rules of observing wells of underground utilities, creating a threat to road safety

      1. Violation of rules of maintenance of observing wells of underground utilities located on the roadway, as well as the failure to remove the defects of underground utilities, leading of the water to the exit on the road surface, technical liquids, steam and creating by this the cause the destruction of the roadway, frazil, reduced visibility and other obstacles - entails a fine on the officials responsible for the maintenance of underground utilities, on entrepreneurs, legal entities of small or medium-sized business or non-profit organizations, in the amount of up to twenty, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      2. The same violations that caused a traffic accident with light damage to human health, damage to vehicles, cargo and other assets - entail a fine on the officials responsible for the maintenance of underground utilities, to entrepreneurs, legal entities of small or medium business or non-profit organizations, in the amount of thirty, for legal entities of a large enterprise - of forty monthly calculation indices.

      Footnote. Article 487 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 488. Violation of rules of protection and use of the allotment of roads

      1. Plowing of land reserves, cutting, stubbing and damage of crops, turf removal and excavation, storage of materials and goods, the conduct of topographic and other works, installing of crossroads and driveways, construction of buildings, underground and surface structures or connections, installing advertising and other information in the allotment way of highways without consent to the established order, and also laying a fire, grazing, dumping trash and snow, trading beyond an established places within allotment way of roads, the discharge of sewage, industrial, irrigation and sewage system of road drainage or the use of road ditches as sprinklers - entail a fine on individuals in the amount of one to three, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of up to thirty, for legal entities of large enterprises - in the amount of up to fifty monthly calculation indices.

      2. Violations under the first part of this Article, which caused accidents with bodily harm to people, damage to vehicles or other property, or committed repeatedly within a year after the imposition of an administrative penalty under the first part of this Article - entail a fine on individuals of five, for officials, entrepreneurs, legal entities of small and medium-sized businesses - in the amount of forty, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices.

      Footnote. Article 488 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 489. Violation of the rules of operation and protection of roads and road structures by land users

      Failure to fulfill responsibilities on manufacturing, maintenance and regular cleaning of footpaths and transition (for crossings) bridges, irrigation systems, allowing roads and swamping of-way located on land users assigned to areas adjacent to the allotment way to the road, as well as the obligation to maintain a technical condition and cleanliness of exits assigned to these users sites or access roads on the public highway, including bridges for crossings, - entails a fine for individuals in the amount of one to three, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of up to twenty, for legal entities of large enterprises - in the amount of up to thirty monthly calculation indices.

      Footnote. Article 489 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 490. Violation of the rules on protection of main pipelines

      Violation of the rules on protection of main pipelines - entails a warning or a fine for individuals, legal entities of small and medium enterprises -in the amount of forty, for legal entities of a large enterprise - in the amount of thirty monthly calculation indices.

      Footnote. Article 490 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 491. Unauthorized installation or use of radio transmission unit (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 492. Illegal connection of terminals (the equipment) to electricity networks

      1. Illegal connection of terminals (the equipment) to electricity networks - entails a warning or a fine on individuals of up to five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of forty, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on individuals in the amount of up to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of up to sixty, and on legal entities of large enterprises - in the amount of up to three hundred monthly calculation indices with confiscation of terminal devices (equipment) or without it.

      Note. Under the terminal devices (equipment) are understood the connected to the lines and are in use customer hardware of formation of signals generating electricity and radio - for the transmission and reception of a given subscriber information through communication channels (radio broadcasting points, telephones, fax machines, devices, data terminals to set different phonic TV services, cable television equipment, extension cords, telephone channel, radio, etc.).

      Footnote. Article 492 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 493. Manufacturing, importing from abroad, acquisition, design, construction, installation, operation, and sale or transfer to a permanent or temporary use of electronic means or high-frequency applications, the use of radio frequencies without special permission (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 494. Violation of the rules on use of electronic means or high frequency devices, and the use of radio frequencies and the importation from abroad of electronic means or frequency devices without special permission

      Footnote. Title of Article as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Violation of the rules on use of electronic means or high frequency devices, and the use of radio frequencies and the importation from abroad of electronic means or frequency devices without special permission - entails a warning or a fine on individuals in the amount of five, for officials, entrepreneurs, legal entity s being subject to a small or medium-sized business or non-profit organizations - in the amount of twenty, for legal entities of a large enterprise - in the amount of eighty monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on individuals in the amount of five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of forty, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices, with confiscation of electronic devices or high or no reason.

      Notes.

      1. Under the electronic devices in the Code refers to hardware, consisting of one or more radio transmitters or receivers or a combination thereof and auxiliary equipment for transmitting and receiving radio waves.

      2. Under the high-frequency devices in the Code refers to equipment or appliances designed to generate and use locally radio frequency energy for industrial, scientific, medical and industrial purposes, excluding applications in the field of electricity networks.

      Footnote. Article 494 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 494-1. Violation of the legislation of the Republic of Kazakhstan in the field of communication

      1. Unjustified refusal of the dominant operator from the accession of telecommunication networks to the public telecommunication network, as well as a violation of the order of traffic - entails a fine of legal entities of small and medium-sized enterprises, in the amount of forty, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices.

      2. Violation of the terms of accession of telecommunication networks to the public telecommunication network, stipulated by the legislation of the Republic of Kazakhstan in the field of communication, - entails a fine for legal entities of small and medium-sized enterprises in the amount of forty, for legal entities of large enterprises - in the amount of one hundred monthly calculation indices.

      3. Actions (inaction), envisaged in the first and second parts of this Article, if committed repeatedly within a year after the imposition of an administrative penalty - entail a fine on legal entities of small and medium enterprises in the amount of one hundred, on legal entities of a large enterprise, - in the amount of two hundred monthly calculation indices.

      4. Breach of the duty to collect and store information about the subscribers service - entails a fine for legal entities of small and medium enterprise in the amount of one hundred, on legal entities of large enterprises - in the amount of five hundred monthly calculation indices.

      5. Action set forth in part four of this Article committed repeatedly within a year after the imposition of an administrative penalty - entails revocation of the license for the provision of communications services.

      Footnote. The Code is supplemented by Article 494-1 in accordance with the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008) as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 178-IV.

Article 494-2. Unauthorized access to communication network

      Footnote. The Code is supplemented by Article 494-2 in accordance with the Law of the Republic of Kazakhstan dated 07.12.2009 No. 221-IV (the order of enforcement see Art. 2), is excluded by the Law of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 495. Violation of the rules of communication lines and communication facilities

      1. Violation of the rules of communication lines and communication facilities, if such failure did not cause the cessation of communication, - entails a warning or a fine on individuals in the amount of up to ten, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of forty, for legal entities of large enterprises - in the amount of up to one hundred fifty monthly calculation indices.

      2. Violation of the rules of communication lines and communication facilities, the violation has caused cessation of communication, - entails a fine for individuals in the amount of ten to twenty, for officials, entrepreneurs, legal entities of small and medium enterprises - in the amount of up to seventy, for legal entities of a large enterprise - in the amount of one hundred to two hundred monthly calculation indices.

      Footnote. Article 495 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 496. The use of means of communication, which are subject to mandatory conformity, but they did not pass

      1. The use of a single telecommunications network of Kazakhstan communication technologies, as well as the use of electronic means and high-frequency devices, which are a source of electromagnetic radiation, facilities postal services subject to mandatory conformity to technical regulations and did not pass it - entails a warning or a fine for individuals in the amount of three to five, and on legal entities and individual entrepreneurs - in the amount of ten to twenty, and on legal entities of small or medium-sized business or non-profit organizations - in the amount of sixty to one hundred, on legal entities of large enterprise - in the amount of two hundred to two hundred and fifty monthly calculation indices.

      2. Action set forth in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a warning or a fine on individuals in the amount of five to ten, and on legal entities and individual entrepreneurs - in the amount of twenty to thirty, for legal entities being subject to a small or medium-sized business or non-profit organizations - in the amount of one hundred twenty to one hundred and fifty, and on legal entities of a large enterprise - in the amount of two hundred and fifty to three hundred monthly calculation indices, with confiscation of uncertified means or without it.

      Footnote. Article 496 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006). Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 497. Failure to comply with regulations governing the operation of Electronic and Postal Communications (Is excluded - by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 497-1. Violation of requirements for use of information resources protection

      Violation of requirements for use of information resources protection - entails a warning or a fine on individuals in the amount of five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty to thirty, for legal entities of a large enterprise - in the amount of fifty to two hundred monthly calculation indices.

      Footnote. Article 497-1 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 497-2. Violations of the legislation of the Republic of Kazakhstan on electronic document and digital signature

      1. Failure to comply with the certification center duties under legislation of the Republic of Kazakhstan on electronic documents and digital signatures, - entails a fine in the amount of twenty to two hundred monthly calculation indices.

      2. Failure to comply with the owner's certificate of registration duties under legislation of the Republic of Kazakhstan on electronic documents and digital signatures, - entails a fine in the amount of five to fifty monthly calculation indices.

      3. Improperly obtaining a private key and (or) the use of digital signature of another person - entails a warning or a fine on individuals in the amount of five to ten, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty to one hundred, on legal entities of a large enterprise - in the amount of fifty to two hundred monthly calculation indices.

      4. Failure by participants of electronic document duties turnover under legislation of the Republic of Kazakhstan to fulfill the electronic document and digital signature, - entails a fine for individuals in the amount of five to ten, for officials, entrepreneurs, legal entities of small and medium enterprises or non-profit organizations - in the amount of twenty to forty, and on legal entities of a large enterprise - in the amount of fifty to two hundred monthly calculation indices.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated January 7, 2003 No. 372, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 497-3. Violations of the legislation of the Republic of Kazakhstan on information

      Use of information resources that contain sensitive information about individuals and entities with a view to causing them material and moral damage, limiting the rights and freedoms guaranteed by the Laws of the Republic of Kazakhstan, - entails a warning or a fine on individuals in the amount of five to ten, on the officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty to forty, and on legal entities of a large enterprise - in the amount of fifty to two hundred monthly calculation indices.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated January 7, 2003 No. 372, dated January 20, 2006 No. 123 (shall be enforced from January 2006).

Article 498. Manufacture, sale or use of technical means, not corresponding to the national standards or the standards for permissible levels of radio interference

      Footnote. Article 498 is excluded by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 499. Illegal construction of communication facilities

      Construction of communication facilities without special permission - entails a fine on the officials, entrepreneurs in the amount of ten to twenty, for legal entities of small and medium enterprises - in the amount of seventy to one hundred, on legal entities of large business - in the amount of two hundred to two hundred and fifty monthly calculation indices.

      Footnote. Article 499 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 500. Damage of payphones

      1. Deliberate damage of payphones - entails a fine in the amount of up to twenty five monthly calculation indices.

      2. The same actions committed by juveniles under the age of sixteen - entail a fine for parents or guardians, in the amount of up to ten monthly calculation indices.

Article 501. Manufacture or sale of counterfeit state postage stamps

      Manufacturing to distribution or sale of counterfeit state postage stamps - entails a fine for individuals in the amount of fifteen to twenty, and on legal entities and individual entrepreneurs - in the amount of thirty to forty, for legal entities of small and medium enterprises - in the amount of seventy to one hundred, on legal entities of a large enterprise - in the amount of two hundred to two hundred and fifty monthly calculation indices with the confiscation of counterfeit state postage stamps, as well as their means of production.

      Footnote. Article 501 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 502. (Article 502 is excluded by the Law of the Republic of Kazakhstan dated April 13, 2005 No. 40 (shall be enforced from January 1, 2005).

Chapter 28. Administrative offences in the field of universal military service, military service and defense

Article 503. Failure to submit or late submission of the local military bodies the lists of citizens to be original military registration or enrollment in the draft offices

      Failure to submit or late submission of the local military bodies in a timely list of citizens to be original military registration or be a postscript to the draft offices, - entails a fine for officials of organizations, educational institutions, regardless of ownership, as well as officials of organizations operates the homes, and homeowners in the amount of up to ten monthly calculation indices.

Article 504. Non-performance by citizens, public officials and legal entities of civil defense duties

      Implementation of illegal actions (inaction) related to the failure of regulations in the field of civil defense - entails a fine on citizens and officials in the amount of fifty monthly calculation indices.

Article 505. Non-notification of citizens on calling of local military bodies

      Non-notification by the principal or other officer of the organization, regardless of ownership, responsible for military and civil work account, on the call of the local military bodies, as well as failure to provide citizens the opportunity to call for the timely appearance of the local military bodies - entail a fine in the amount of up to ten monthly calculation indices.

Article 506. Late submission of information on changes of living of citizens and must consist in the military registration

      Late submission to the bodies entrusted with the conduct of military registration, information on changes of permanent residence of citizens and must consist in the military registration - entails a fine on the head or other officials responsible for military work in an organization, as well as officials of organizations offering of residential buildings, and homeowners in the amount of up to ten monthly calculation indices.

Article 507. Failure to submit information about military service, draftees and citizens

      1. Failure to submit in a specified time by the official medical-social expert commissions to local military bodies for recognition of citizens and consisting or having to be consisted in military registration, disabled - entails a fine in the amount of up to ten monthly calculation indices.

      2. Failure to communicate in a specified time by official body with granting data on civil status to the local military bodies to amend the civil status of citizens consisting or having to be consisted in the military registration - entails a fine in the amount of up to ten monthly calculation indices.

      3. Failure of the principal or other officer of the organization, regardless of their ownership, the body carrying out the military account of the steps to work (school) citizens, obliged to be, but not consisted in military registration at the place of residence - entails a fine in the amount of up to ten monthly calculation indices.

Article 508. Failure to perform duties of citizens by military registration

      Non-appearance of a citizen, consisting or having to be consisted in the military registration, by on-call of local military bodies within the specified period without reasonable excuse or departure to another district or city (not divided into districts) for permanent or temporary (for more than three months) place of residence (departure abroad for more than six months) without removing the military register, or arrive at a permanent or temporary (for more than three months) residence (returning from abroad) without military registration, and failure to report to the body carrying military records, changes in their marital status, place of residence within the district or city (not divided into districts), education, place of job and position - entails a warning or a fine in the amount of one-half to five monthly calculation indices.

Article 509. Avoidance of medical examinations or muster

      1. Avoidance of medical examination or examinations in the direction of the Commission on the formulation of citizens to military records or draft board - entails a fine in the military service in the amount of one-half to five monthly calculation indices, and the Community - a warning or a fine in the amount of up to three monthly calculation indices.

      2. Evasion of persons liable for military service from the muster- entails a fine in the amount of two to five monthly calculation indices.

      Footnote. Article 509 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177 (the order of enforcement see Art. 2).

Article 510. Intentional damage or loss of military records documents

      Deliberate damage to or destruction of the identity military card or other registration documents of the citizen to be called up for military service, as well as the loss of the identity military card or other registration documents of the citizen to be called up for military service, due to the fault of the owner - entail a warning or a fine in the amount of one-half to five monthly calculation indices.

Article 511. Evasion of preparation for military service

      Evasion of preparation for military service of the draftees for military-technical skills in the direction of the local military command or non-attendance of educational institutions without reasonable excuse - entails a warning or a fine in the amount of up to a monthly calculation index.

      Footnote. Article 511 as amended by the Law of the Republic of Kazakhstan dated May 22, 2007 No. 255 (shall be enforced from the day of its official publication).

Article 512. Unlawful conscription of citizens for military service, giving them illegal delays

      Unlawful conscription of citizens for military service, or the provision of the unlawful delay - entails a fine in the amount of ten to seventeen monthly calculation indices.

Article 512-1. Insult of a military service man

      1. Insult one another in the absence of military subordination relations between the run-time, or in connection with fulfilling of the duties of military service - entails a fine in the amount of ten to twenty-five monthly calculation indices or administrative arrest for up to ten days.

      2. Action set forth in the first part of this Article, if repeated within a year after the imposition of an administrative penalty - entails a fine in the amount of twenty-five to fifty monthly calculation indices or administrative arrest for up to fifteen days.

      Footnote. Chapter 28 is supplemented by Article 512-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177 (the order of enforcement see Art. 2).

Article 512-2. Self-willed abandonment of military department or place of service

      1. Self-willed abandonment of military department or place of service as well as non-appearance without a reasonable excuse on the discharge from the military department, appointment, transfer, from a business trip, vacation or hospital length of more than five days but not more than ten days, committed by servicemen undergoing military service on the call or contract, in time of peace - entail a fine in the amount of ten to twenty-five monthly calculation indices or administrative arrest for up to ten days.

      2. The actions specified in part one of this Article, more than ten days, but not more than one month - entail a fine in the amount of twenty-five to fifty monthly calculation indices or administrative arrest for up to fifteen days.

      Footnote. Chapter 28 is supplemented by Article 512-2 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177 (the order of enforcement see Art. 2).

Article 512-3. Violation of the rules of service on protection of public order and public security

      Violation by a person consisting of a military attire to protect public order and public security, of the rules of service, if this action does not contain elements of a criminal action - entails a fine in the amount of five to ten monthly calculation indices or administrative arrest for up to five days.

      Footnote. Chapter 28 is supplemented by Article 512-3 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177 (the order of enforcement see Art. 2).

Article 512-4. Disobeying and non-fulfilling of an order

      Disobeying, that is an open rejection of the execution of order of the commander, as well as other deliberate failure of the subordinate to fulfill the order of the commander, which was given in due course, not causing significant harm to the interests of the service - entails administrative arrest for up to fifteen days.

      Footnote. Chapter 28 is supplemented by Article 512-4 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177 (the order of enforcement see Art. 2).

Article 512-5. Violation of the rules for driving or operating machinery

      Violation of the rules of driving or operating a combat, special or transport vehicles, which negligently caused moderate damage to human health, - entails a fine in the amount of two hundred to five hundred monthly calculation indices or administrative arrest for up to forty-five days.

      Footnote. The Code is supplemented by Article 512-5 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 29. Administrative offences against the institution of state power

Article 513. Contempt to court

      1. Contempt to court, expressed in evasion without reasonable excuse of the actors of process and other persons from appearance to court on the writ in cases when the further consideration of the case in their absence is regarded by the court to be impossible, disobeying the orders of the presiding judge, violation of order in the court, and other actions (inaction), clearly demonstrating the contempt to court and the rules established by the court - entail a warning or a fine in the amount of ten to twenty monthly calculation indices or administrative arrest for a period of three to five days.

      2. Actions (inaction), provided in the first part of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine in the amount of twenty to thirty monthly calculation indices or administrative arrest for a period of five to ten days.

      Footnote. Article 513 is in the wording of the Law of the Republic of Kazakhstan dated June 29, 2007 No. 270 (shall be enforced upon expiry of ten days from the date of its publication).

Article 514. Responsibility of the participants of the proceedings of an administrative offence

      Refusal or evasion, that is, non-appearance of the participant of the proceedings in the body (to the officer), considering the case of administrative offence, without reasonable excuse for the adjournment of the proceedings, - entails a fine in the amount of up to ten monthly calculation indices.

Article 514-1. Failure to appear in court to serve as a juror

      Non-appearance of a citizen without reasonable excuse on call by the court to serve as a juror - entails a warning or a fine on citizens in the amount of up to ten monthly calculation indices.

      Footnote. Chapter is supplemented by Article 514-1in accordance with the Law of the Republic of Kazakhstan dated January 16, 2006 No. 122 (shall be enforced from January 1, 2007).

Article 514-2. Failure to provide information for the compilation of lists of jurors

      Non-providing information necessary to local agencies to compile lists of jurors, as well as the provision of false information - entail a warning or a fine on individuals in the amount of up to ten monthly calculation indices, on officials in the amount of ten to fifteen monthly calculation indices.

      Footnote. Chapter is supplemented by Article 514-2 in accordance with the Law of the Republic of Kazakhstan dated January 16, 2006 No. 122 (shall be enforced from January 1, 2007).

Article 514-3. Obstruction to the citizen to fulfill obligations of a juror

      Obstructing by the official act to the citizen to fulfill obligations of a juror - entails a warning or a fine on officials in the amount of twenty to thirty monthly calculation indices.

      Footnote. Chapter is supplemented by Article 514-3 in accordance with the Law of the Republic of Kazakhstan dated January 16, 2006 No. 122 (shall be enforced from January 1, 2007).

Article 514-4. Non-observance of limitations in actions of a juror, connected with the proceedings in the trial

      1. Nonobservance of limitations in actions of a juror, connected with the proceedings in the trial, established by the Laws of the Republic of Kazakhstan, - entails a fine on citizens in the amount of up to twenty monthly calculation indices.

      2. The same actions that caused the removal of a juror from further participation in the proceedings - entail a fine on citizens in the amount of up to two hundred monthly calculation indices.

      Footnote. Chapter is supplemented by Article 514-4 in accordance with the Law of the Republic of Kazakhstan dated January 16, 2006 No. 122 (shall be enforced from January 1, 2007).

Article 515. Refusal or evasion of a witness to testify

      Refusal or evasion without reasonable excuse of the person subject to the poll by the body (official) authorized to consider cases on administrative offences, as a witness to testify - entails a fine in the amount of up to two monthly calculation indices.

Article 516. Deliberate false testimony of a witness, victim, expert opinion or incorrect translation

      1. Deliberate false testimony of a witness, victim, expert opinion to the body in a case concerning an administrative offence in the course of the examination of medical practice, as well as obviously wrong translation conducted by an interpreter in same cases - entails a fine on individuals in the amount of five to ten, for officials - in the amount of ten to twenty monthly calculation indices.

      2. The same acts committed by the experts during the examination of medical practice again within a year after the imposition of an administrative penalty - entail a fine on individuals in the amount of ten to twenty, on officials - in the amount of twenty to thirty monthly calculation indices.

      Note. Witness, victim, expert or translator shall be exempted from liability if they voluntarily during the consideration of an administrative case before taking the decision on the case by the authorized body (official) stated their testimony, conclusions as false, or translation as wrong.

      Footnote. Article 516 is in the wording of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2).

Article 516-1. Falsification of evidence in cases on administrative offences

      Falsification of evidence in cases on administrative offences committed by an expert participating in the proceedings, or counselor, if the action did not cause harm to human health or serious damage - entails a fine in the amount of thirty to fifty monthly calculation indices.

      Footnote. The Code is supplemented by Article 516-1 in accordance with the Law of the Republic of Kazakhstan dated 27.07.2007 N 314 (shall be enforced from 01.01.2008) as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 517. Refusal or evasion from the official implementation of the decision or order of the examination or the requirements of the call of the specialist

      Refusal or evasion without reasonable excuse of the official to whom directed a judgment or order of the body of state control and supervision, in the examination of the requirement or invite a specialist to participate in monitoring, conducting paperwork, in the proceedings of an administrative offence, or before it, from their implementation - entails a fine in the amount of up to twenty monthly calculation indices.

Article 518. Breach of personal guarantee on appearance of the accused (suspect)

      Breach or default by the persons of their written guarantee on appearance of the accused (suspect) to the person conducting the inquiry, the prosecutor or the court, caused evasion of the accused (suspect) from the investigation or court - entails a fine in the amount of up to three monthly calculation indices.

Article 519. Breach of the obligation to ensure the attendance of a minor accused (suspect)

      Violation by the parents, guardian, trustee or representative of the administration of the special closed institution of their written commitment of ensuring attendance passed into the care of a minor accused (suspect) to the investigator, the inquirer or the court, which caused evasion to investigation and trial - entails a fine in the amount of up to a monthly calculation index.

Article 520. Failure to take measures on a special ruling, a court order, presentation of the prosecutor, investigator or inquirer

      Leaving by the official without considering the special ruling, court order, presentation of the prosecutor, the investigator or the inquirer or the failure to take measures to eliminate these violations of the law to them, as well as ill-timed response to the special decision, order or presentation - entail a fine in the amount of up to eight monthly calculation indices.

Article 521. Evasion from appear before the prosecutor, the investigator and the investigation body, the bailiff

      Evasion from appear by on-call of the prosecutor, the investigator and the body of inquiry to give evidence to the bailiff, to give explanations on the enforcement of judgments, decrees of bodies (officials) authorized to consider cases on administrative offences, and the refusal to provide or giving deliberate false testimony - entails a fine on individuals in the amount of one to three, for officials - in the amount of five to ten monthly calculation indices.

      Footnote. Article 521 as amended by the Law of the Republic of Kazakhstan dated June 22, 2006 No. 147.

Article 521-1. Non-notification or late notification of prosecutor

      Non-notification or late notification of prosecutor on conducting of actions by the state body that require such notification in accordance with the laws, - entails a fine on officials in the amount of up to two hundred and monthly calculation indices.

      Footnote. Supplemented by Article 521-1 in accordance with the Law of the Republic of Kazakhstan dated August 9, 2002 No. 346.

Article 522. Obstruction of the lawful activity of the prosecutor, investigator, inquirer, officer of justice, bailiff

      1. Obstruction of the lawful activity of the prosecutor, investigator, inquirer, officer of justice, bailiff, expressed in the refusal to the unimpeded with the presentation of the business card access to a building, room or territory government agency, organization, regardless of ownership, as well as the submission of the required documents, materials, statistical and other information, inspections, audits and examinations, - entails a warning or a fine on officials in the amount of up to twenty monthly calculation indices or administrative arrest for up to five days.

      2. Willful failure to comply with the prosecutor, investigator, inquirer, officer of justice, bailiff, presented on the grounds and in the manner prescribed by law - entails a fine for individuals in the amount of one to three, for officials - in the amount of ten to fifty monthly calculation indices or administrative detention for up to ten days.

      Footnote. Article 522 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated June 22, 2006 No. 147.

Article 523. Impeding the lawful activities of a lawyer

      Obstruction by the officer of the legitimate activity of lawyer or of the Bar, legal advice, law firm, expressed in non-submission or refusal of submission to the deadlines set by law at the written request of the necessary documents, materials or information required to carry out their professional duties, if these actions do not have evidence of a crime- entails a fine in the amount of up to twenty monthly calculation indices.

Article 524. Non-execution of court decisions, decisions of bodies (officials) authorized to consider cases on administrative offences

      Evasion of the requirements of judicial decisions, decisions of bodies (officials) authorized to consider cases on administrative offences, if these actions do not contain elements of a criminal offence - entails a fine for individuals in the amount of up to ten, and on the officials - in the amount of up to twenty monthly calculation indices or administrative arrest for up to ten days.

      Footnote. Article 524 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated June 22, 2006 No. 147.

Article 525. Failure to fulfill orders and other legal requirements of officer of justice, bailiff

      Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

      1. Non-performance by officials and individuals without reasonable excuse regulations and legal requirements of a bailiff, related to the performance of the executive document, including the submission of a term designated by the information on the place of the debtor and his or her income, production, according to the decision of the court holding and other organs and sending collected sum to the claimant, the foreclosure of the money and property of the debtor held by other individuals and entities, or non-disclosure of information about the dismissal of the debtor that his new place of work or residence, if he knows about it, - entails a fine for individuals in the amount of five to ten, for officials - in the amount of ten to twenty monthly calculation indices.

      2. Presentation to the officer of justice of deliberately false information, including the income and financial status of the debtor - entails a fine for individuals in the amount of ten to twenty, on officials - in the amount of twenty to fifty monthly calculation indices.

      3. Failure to comply with legal requirements of the bailiff - entails a fine in the amount of ten to fifty monthly calculation indices.

      Footnote. Article 525 as amended by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 22.06.2006 No. 147, dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 526. Non-informing of an officer of justice of a change of employment and residence of the person from whom the child support recovered

      Non-informing without reasonable excuse by the officer of the organization, producing deduction of alimony for the children, for disabled parents, for wife (husband) under the executive document, issued on the grounds of the court decision, within a month to the bailiff and to the person receiving alimony, on dismissal of person paying maintenance, as well as on his new place of work and residence, if he is known, - entails a fine in the amount of up to ten monthly calculation indices.

Article 527. Responsibility of the official for the loss of the executive document

      Loss by the officer of the organization referred to him/her for fulfilling a writ of execution or other enforcement document - entails a fine in the amount of up to thirty monthly calculation indices.

Article 528. Obstruction to officer of justice, bailiff in execution of the decisions of the courts and other bodies

      Obstruction by individuals and officials of the organizations to commit by a bailiff of the actions for foreclosure on the property (inventory, assessment, arrest, bidding) or a failure in the performance in this regard with his claims - entails a fine for individuals of one to five, on officials - in the amount of ten to fifteen monthly calculation indices or administrative arrest for up to ten days.

      Footnote. Article 528 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated June 22, 2006 No. 147.

Article 529. Insulting of the official, threat of committing violence

      1. Insulting of the public official in the performance of his duties, as well as a threat of violence against him, if these actions do not contain evidence of a crime - entail a fine of up to twenty-five monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail a fine of up to fifty monthly calculation indices or administrative arrest for up to fifteen days.

      Footnote. Article 529 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 530. Illegal wearing of state rewards

      1. The wearing of order, medal, honorary badge of rank, insignia of the Republic of Kazakhstan, Kazakh SSR, USSR, or sashes and ribbons of medals on a strap by a person who are not eligible - entails a warning or a fine of one to three monthly calculation indices and confiscation of orders, medals, honorary badge of rank, insignia of the Republic of Kazakhstan, Kazakh SSR, USSR, or sashes and ribbons medals on a strap.

      2. Purchase, sale or other compensated assignment of order, medal, honorary badge of rank, insignia of the Republic of Kazakhstan, Kazakh SSR, USSR - entail a fine of three to five monthly calculation indices with confiscation of signs.

      3. Establishment or making signs with similar name or appearance of state rewards, - entails a fine for individuals in size from three to five, on officials - in the amount of five to ten monthly calculation indices with confiscation of signs.

      Footnote. Article 530 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 531. Illegal wearing of (the use of) clothes with signs and the differences (or) symbols of military uniform, as well as uniform and special clothing

      Footnote. Title as amended by the Laws of the Republic of Kazakhstan dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 06.01.2011 No. 379-IV (shall be enforced upon expiry of ten calendar days after the first official publication).

      1. Illegal wearing of (the use of) clothes with signs and the differences and (or) symbols of military uniforms, as well as uniform and special clothing - entails a fine for individuals of five, for legal entities of small or medium-sized business or non-profit organizations - in of ten, for legal entities of a large enterprise - in the amount of twenty-five monthly calculation indices, with confiscation of clothing with the signs and the differences (or) symbols of military uniform, as well as uniform and special clothing.

      2. The same actions specified in paragraph one of this article, committed by a legal entity licensed to perform security activities, in connection with the implementation of this activity - entail a fine on legal entities of small or medium-sized business or non-profit organizations - in the amount of twenty, to legal entities of a large enterprise - in the amount of thirty monthly calculation indices with confiscation of clothing with the signs and the differences (or) symbols of military uniform, as well as uniform and special clothing.

      Footnote. Article 531 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2008 No. 53-IV (the order of enforcement see Art. 2); as amended by the Laws of the Republic of Kazakhstan dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 06.01.2011 No. 379-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 30. Administrative corruption offences

Article 532. Violation of financial controls measures

      1. Willful failure to submit or to submit of incomplete or inaccurate declarations of income, assets and other information required by the legislation on anti-corruption, persons who are candidates for public office or the position related to the implementation of state or similar functions, as well as of his wife (her husband) - entail a fine of one hundred to one hundred and fifty monthly calculation indices.

      2. Willful failure to submit or to submit of incomplete or inaccurate declarations of income, assets and other information required by the legislation on anti-corruption, persons holding public office, as well as of his wife (her husband) of these persons - entails a fine of one hundred to one hundred and fifty monthly calculation indices.

      3. Repeated commission of acts referred to in the first, second parts of this Article - entails a fine of one hundred and fifty to two hundred monthly calculation indices.

      Note. A person is not subject to administrative liability under this Article, in case of elimination of the violation by providing additional tax reporting, and (or) further on the notification of tax reporting in accordance with the laws of the Republic of Kazakhstan.

      Footnote. Article 532 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2), dated 21.07.2011 No. 467-IV (shall be enforced from 01.01.2012).

Article 533. Providing illegal remuneration by individuals

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

      Providing by individuals to persons authorized to perform public functions or persons equated to them, of illegal remuneration, gifts, benefits or services, if this action does not contain evidence of a crime - entails a fine of fifty to one hundred monthly calculation indices.

      Footnote. Article 533 as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

Article 533-1. Getting illegal remuneration by a person authorized to perform state functions, or equivalent to such person

      1. Getting by a person authorized to perform public functions or equivalent to such person personally or through an intermediary of illegal remuneration, gifts, benefits or services for the actions (inaction) in favor of the persons to contribute, if such actions (inaction) are included in official bodies of the person authorized to perform public functions or an equivalent person, if this action does not contain evidence of a crime - entails a fine in the amount of three hundred monthly calculation indices .

      2. Is excluded by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

      Footnote. The Code is supplemented by Article 533-1 in accordance with the Law of the Republic of Kazakhstan dated 21.07.2007 No. 308 as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

Article 534. Providing illegal remuneration to legal entities

      1. Provision by legal entities to persons authorized to perform public functions or persons equated to them, illegal remuneration, gifts, benefits or services, if this action does not contain evidence of a crime - entails a fine of one hundred to five hundred monthly calculation indices.

      2. The actions specified in part one of this Article committed repeatedly within a year after the imposition of an administrative penalty - entail prohibition the legal entity activities.

      Note. Individuals and legal entities are not subject to the liability who have provided to a person authorized to perform state functions, or a person equated to such person of illegal remuneration, gifts, and other material goods, services, facilities or advantages, if in respect of them there had been extortion from the person authorized to perform state functions, or a person equal to such person, or if these individuals, legal entities voluntarily within ten days report the incident to the competent bodies.

      Footnote. Article 534 as amended by the Laws of the Republic of Kazakhstan dated September 25, 2003 No. 484, dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 535. Implementation of illegal business activities and receipt of illegal income by state bodies and local self-government bodies

      Engaging of state agencies, local self-government bodies in business outside of their assigned functions, provided by the legislation or getting wealth and benefits, in addition to established sources of funding - entails a fine on the leaders of these organizations in the amount of one hundred to three hundred monthly calculation indices.

      Footnote. Article 535 as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

Article 536. Deliberate false information about a corruption offence (Is excluded by the Law of the Republic of Kazakhstan dated July 21, 2007 No. 308).

Article 537. Failure to fight corruption of the heads of governmental bodies

      The failure of top-officials or responsible secretaries or other officials to take measures determined by the President of the Republic of Kazakhstan, of the state bodies within their competence for inferiors who are guilty in committing corruption offences, or taking these measures in violation of the law to combat corruption or failure to provide relevant information to the tax bodies at the place of residence of these guilty persons - entails a fine of fifty to one hundred monthly calculation indices.

      Footnote. Article 537 as amended by the Laws of the Republic of Kazakhstan dated 25.09.2003 No. 484, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006), dated 27.07.2007 No. 315 (shall be enforced from the date of official publication), dated 07.12. 2009 No. 222-IV (the order of enforcement see Art. 2).

Article 537-1. The employment of persons previously committed corruption crimes

      The employment by the top-official of the state bodies, institutions and companies or by the head of the national companies, national managing holdings, national holdings, national development institutions and their subsidiaries of the persons who previously committed a corruption offence, - entails a fine of fifty to one hundred monthly calculation indices.

      Footnote. The Code is supplemented by Article 537-1 in accordance with the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

Section 3. The bodies, authorized to consider cases on administrative offences
Chapter 31. Basic provisions

Article 538. The Bodies (officials) Authorized to Consider Cases on Administrative Offences

      Cases of administrative offences are:

      1) The judges of the specialized administrative courts;

      1-1) judges of the specialized inter-district juvenile courts;

      2) public officials, authorized by this Code.

      Note. If at the territory of the administrative-territorial unit a specialized inter-district administrative court and a specialized inter-district juvenile court were not formed, the cases, related to their jurisdiction can be considered by the regional (municipal) courts.

      Footnote. Article 538 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3).

Article 539. The distribution of powers of the bodies (officials), entitled to consider the cases on administrative offences

      1. The judges consider the cases on administrative offences, falling under their jurisdiction in compliance with this Code.

      2. Public officials, entitled to consider cases on administrative offences, hear the cases and impose administrative penalties for administrative offences, except for the cases specified in Article 541 of this Code.

      3. The cases on administrative offences, for which, an administrative deportation of foreigners or stateless persons from the Republic of Kazakhstan, administrative arrest, a compensated taking of items, that were the subjects or the instrument of an administrative offence, are provided as one of thes of administrative penalties, or confiscation of these items, as well as confiscation of incomes (dividends), cash and securities, received as a result of an administrative offence, deprivation of a special right granted to a particular person (including the right to drive a vehicle), loss of licenses, special permits, certificates (certificate) for a specific activity or certain acts, the forced demolition of illegally erected or constructed buildings, suspension or prohibition of an individual entrepreneur activity or a legal entity shall be considered by a judge.

      4. (The part is excluded by the Law of the Republic of Kazakhstan dated October 21, 2005 No. 80).

      5. In accordance with Article 27 of this Code upon an application of a person against whom the proceedings on an administrative offence are being conducted, the case on any offence, specified by the special part of Section 2 of this Code shall be considered by the judge.

      Footnote. Article 539 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506; dated October 21, 2005 No. 80; dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 540. Procedure for formation of commissions for protection of the rights of the minors (Is excluded by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Chapter 32. Jurisdiction of administrative cases, competence of officers to review cases and imposition of administrative penalties

Article 541. Courts

      Note of the RCLI!
      There are amendments to paragraph 1 of the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      1. The judges of special district and similar administrative courts consider the cases on administrative offences, provided by Articles 79-1, 79-3, 79-4, 79-5, 79-6, 80-84, 85 (part 4 and 5), 85-1 (part two), 85-2 (part 2), 85-3, 86, 86-1, 87-2, 87-3, 87-4, 87-5, 95 - 110-1, 124 (part first), 127, 129, 130, 136 - 136-2, 140 (part 2), 141-1, 143, 143-1, 143-2, 144-1, 145, 146-1, 147, 147-1 (part two), 147-6 (part 2-1), 147-10 (parts 2, 4, 5, 6, 7, 10, 11, 12, 13, 14), 147-11, 147-12, 147 13 (part 3, 5, 6), 151, 151-1, 153, 154, 154-1, 155, 155-1 (part four), 155-2, 156, 157, 157-1, 158, 158 3, 158-4, 158-5, 159, 161 (part 1, 4 and 5), 162, 163 (parts 3, 4, 6, 7, 9), 163-2, 163-3, 163-4 , 163-6, 165, 167-1 (parts two and three), 168-1 (parts one and two), 168-3, 168-5, 168-8, 175 (part two) (in the part of offences committed by private notaries, private bailiffs, auditors and audit companies), 176 (parts 1 and 3), 177-3, 177-4, 177-5, 179 (parts one and two), 179-1, 183, 184, 184 1, 185, 187, 188 (second part), 190, 192, 200, 202, 203, 208-1, 209, 213 (part 4-6), 214, 218-1 (part seven), 219-6 , 219-8 (parts two and three), 222-226, 228-229, 230-1, 230-2, 231 (part 2), 232, 233, 234-1, 235 (second part), 235-1 (part four), 237, 237-1, 240-2, 246 (part 2), 275-1, 278 (first part), 283 (part first, third), 298 (part two, three), 298-1 (second part), 302 (part three), 303 (second part), 304 (second part), 305 (second part), 306 (second part), 306-1 (part three), 306-2, 306-3 (part 2 and 3), 308, 309-1 (part 7, 8) 309-2 (part four), 309-4 (parts 8, 9), 309-5, 310-1 (parts 1-1 and 2 ), 311-1 (part seven), 312-1, 314, 315, 316, 317 (second and third parts), 317-1, 317-2, 317-4 (parts two and three), 318, 319, 319-1, 320 (parts 1 and 1-1), 321, 322 (parts 3, 4, 5), 323 (second part), 324 (second and third parts), 324-1, 324-2, 326, 327 (first part), 328, 330, 330-1 (second part), 332 (parts first, second, fourth), 335, 336 (part three), 336-1 (part three), 336-2 (part three ), 338 (first part), 338-1, 339, 340, 342-344, 346-357, 357-1, 357-2 (part two), 357-3, 357-4, 357-5, 357 - 6, 357-7 (second part), 359, 361, 362, 362-1, 363, 365, 366, 367, 368, 368-1, 369 (second part), 370 (second part), 371 (part two ), 372 - 376, 380 (part two), 380-2, 381-1, 386 (the third part), 388, 389-1, 390 (second part), 391 (second part), 391-1 (part 2 and 3), 393, 394 (parts two, three and four), 394-1, 396 (part four), 400-1, 400-2, 405 (first part), 409, 410, 413, 413-1, 413-2, 414, 415, 417, 417-1, 418, 421, 423, 424, 425-1, 426-430, 433, 442, 443 (part five), 445, 446 (second part), 446 - 1, 453 (second part), 454 (part 1 - 3), 461 (part 3-1), 463-3 (part five), 464-1 (parts one and two), 465 (second part), 466 ( the second part), 467, 468 (part one and two), 468-1, 468-2, 469, 471 (parts 1-1, 1-2, and 2), 473 (part three), 474-1, 477 (the third part), 484, 492 (second part), 494 (second part), 494-1 (parts 3 and 5), 496 (second part), 501, 512-1 - 512-5, 513 - 518, 520 - 537-1 of this Code, except the cases specified in part three of this article.

      1-1. The judges of the specialized inter-district juvenile courts consider the cases:

      1) on administrative offences, committed by minors, defined by Articles 320 (part 2), 331, 332 (part 3), 334 (part three), 341 (second part), 500 (part 2) of this Code;

      2) on administrative offences, defined by in Articles 111, 111-1, 112, 112-1, 114, 115, 115-1, 116, 117, 327 (part 2), 336 (part 1-1), 336-3 ( part two), 336-4 (part 2), 519 of this Code.

      2. In addition to the cases, defined in the first part of this article, the judges consider the cases, regardless of their jurisdiction, the administrative offences as a form of administrative penalty, for which administrative deportation from the Republic of Kazakhstan of foreigners or stateless persons, administrative detention, forfeiture of license, a special permit, qualification certificate (certificate), deprivation of a special right, a compensated seizure or confiscation of items, which were a subject or an instrument of an administrative offence and a forced demolitions, and prohibition to conduct certains of activities.

      3. The judges of the Supreme Court, regional, district and equivalent courts consider the cases, provided by Article 513 of this Code, on contempt of a court by a person, involved in the case and established during the trial.

      Footnote. Article 541 as amended by the Laws of the Republic of Kazakhstan dated 28.03.2003 No. 398; dated 03.06.2003 No. 428; dated 02.07.2003 No. 451; dated 03.07.2003 No. 464; dated 10.07.2003 No. 483 (shall be enforced from January 1, 2004); dated 05.12.2003 No. 506; dated 06.05.2004 No. 551; dated 06.07.2004 No. 572; dated 09.12.2004 No. 10; dated 13.04.2005 No. 40 (shall be enforced from January 1, 2005); dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); dated 07.07.2006 No. 174; dated 07.07.2006 No. 171 (the order of enforcement see Art. 2); dated 07.07.2006 No. 181 (shall be enforced from January 1, 2007); dated 12.01.2007 No. 220 (the order of enforcement see Art. 2); dated 12.01.2007 No. 222 (shall be enforced upon expiry of 6 months after the date of its publication); dated 12.01.2007 No. 224 (shall be enforced from 01.01.2012); dated 19.02.2007 No. 230 (the order of enforcement see Art. 2), dated 28.02.2007 No. 235 (the order of enforcement see Art. 2), dated 29.06. 2007 No. 270, dated 06.07.2007 No. 276, dated 21.07.2007 No. 299, dated 21.07.2007 No. 307 (the order of enforcement see Art. 2 of the Law), dated 21.07.2007 No. 308, dated 27.07.2007 No. 320 (the order of enforcement see Art. 2), dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2), dated 05.07.2008 No. 59-IV (the order of enforcement see Art. 2), dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3), dated 05.07.2008 No. 60-IV (the order of enforcement see Art. 2), dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2); dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009); dated 29.12.2008 No. 115-IV (shall be enforced from 01.01.2009); dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2); dated 10.07.2009 No. 176-IV (the order of enforcement see Art .2), dated 10.07.2009 No. 177 (the order of enforcement see Art. 2); dated 10.07.2009 No. 178-IV; dated 16.07.2009 No. 186-IV; dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2), dated 11.07.2009 No. 184 (the order of enforcement see Art. 2); dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010), dated 09.11.2009 No. 197-IV (the order of enforcement see Art. 3); dated 04.12.2009 No. 215-IV (the order of enforcement see Art. 2); dated 07.12.2009 No. 221-IV (the order of enforcement see Art. 2); dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2); dated 08.12.2009 No. 225-IV (the order of enforcement see Art. 2); dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2); dated 08.04.2010 No. 266-IV (the order of enforcement see Art. 2); dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2); dated 28.06.2010 No. 295-IV (shall be enforced upon expiry of six months after its first official publication), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 15.07. 2010 No. 340-IV (the order of enforcement see Art. 2); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010); dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its first official publication), dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 11.01.2011 No. 385-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 26.01.2011 No. 400-IV (shall be enforced upon expiry of thirty calendar days after its first official publication), dated 28.01.2011 No. 402-IV (shall be enforced from 05.08.2011); dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 22.07.2011 No. 478 -IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of 21 calendar days after its first official publication), dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of 10 calendar days after its first official publication), dated 12.01.2012 No. 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.01.2012 No. 542-IV (shall be enforced from 07.26.2012), dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication ), dated 10.07.2012 No. 31-V (shall be enforced upon expiry ten calendar days after its first official publication), dated 10.07.2012 No. 33-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 542. A commission for protection of the minors’ rights

      Footnote. Is excluded by the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006).

Article 543. Internal Affairs Agencies (Police)

      1. Internal affairs agencies consider the cases on administrative offences, defined by Articles 131, 144, 160 (part one and two), 163-1, 175 (part two) (in terms of offences, committed by the owners of transport vehicles and carriers for motor and municipal transport) , 247, 277, 281-1, 298 (first part), 298-1 (first part), 300, 305 (first part), 306 (first part), 311, 330-1 (part one), 328-1 , 333, 334 (part one and two), 336 (first and second parts), 336-2 (parts one and two), 336-3 (part one), 336-4 (first part), 338 (part two) , 341 (first part), 357-2 (part one), 357-7 (first part), 364, 369 (first part), 370 (first part), 371 (first part), 377, 378, 379, 380 (part one), 380-1, 387, 389, 390 (first part), 391 (first part), 391-1 (first part), 392, 394 (first part), 395, 396 (first and third parts) , 439 (the first, second, fourth and fifth parts), 440, 441, 443 (part four), 446 (first part), 459, 461 (part one - third, fourth - eighth), 461-1, 462, 463 (parts 1 and 4), 463-1, 463-2, 463-3 (Part 1 - 4), 463-8, 464, 464-1 (part three), 465 (first part), 466 (part one) , 468 (part 3), 470, 471 (first part), 472, 473 (part one and two), 474 - 476, 477 (the first, second, fourth parts), 478, 480, 481 (except for violations, committed on auto-transport), 482, 485-487, 500 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties on behalf of the internal affairs’ agencies can be considered and imposed by:

      1) upon all articles of this Code, referred to the jurisdiction of the Interior agencies - by the heads of departments of internal affairs and their deputies;

      2) for administrative offences provided in Articles 131, 160 (part one and two), 163-1, 298 (first part), 298-1 (first part), 300, 305 (first part), 306 (part one) 311, 330-1 (first part), 333, 334 (part one and two), 336 (first and second parts), 336-1 (parts one and two), 336-4 (first part), 338 (part two ), 377, 380 (first part), 389, 390 (first part), 391 (first part), 391-1 (first part), 392, 394 (first part), 395, 396 (first and third parts) of this Code - by the heads of municipal and district departments of the interior affairs’ agencies;

      3) for administrative offences provided by Articles 163-1, 298 (first part), 305 (first part), 306 (first part), 330-1 (first part), 336 (first and second parts), 336-1 ( Parts One and Two), 336-4 (first part), 338 (second part), 389, 391 (part one), 391-1 (first part), 392, 396 (first and third parts), 439 (Part 1, 2, 4, 5), 440, 441, 459, 477 (the first, second, fourth parts), 480, 485 (first part) of this Code, - by the heads of line units, line departments of the internal affairs agencies;

      4) for administrative offences provided in Articles 131, 281-1, 298-1 (first part), 300, 311, 330-1 (first part), 333 (first part), 336 (first and second parts), 336 - 1 (parts one and two), 336-3 (first part), 338 (second part), 377, 387, 463 (first part), 470, 473, 476 of this Code - by police inspectors of the interior agencies;

      5) for administrative offences provided by Articles 330-1 (first part), 333 (first part), 336 (first and second parts), 338 (second part) of this Code - by the heads of patrol units of internal affairs agencies;

      6) for administrative offences, provided by Articles 461 (parts third and eighth), 461-1 (second part), 462 (part four), 463 (part four), 463-1 (part three), 463-2 (part four ), 463-3 (part four), 463-4 (part four), 463-5 (part three), 463-6 (part two), 463-7 (part two), 463-8 (part two) 464 (part two), 464-1 (the third part), 468 (the third part), 470 (parts of the second, fourth and fifth), 471 (first part), 472, 474, 475, 485 - 487 of this Code - by a chairman of a committee, heads of departments, divisions, offices of traffic police enforcement bodies and their deputies;

      7) for administrative offences, provided by Articles 175 (part two) (in terms of offences committed by the owners of transport vehicles and carriers of motor and municipal transport), 247, 461 (the first, second, fourth - seventh parts), 461-1 ( the first part), 462 (Part 1-3), 463 (first part), 463-1 (parts one and two), 463-2 (Part One - third), 463-3 (Part One - third), 463 - 4 (Part One - third), 463-5 (parts one and two), 463-6 (part one), 463-7 (part one), 463-8 (first part), 464 (first part), 466 (the first part), 470 (in the first, third parts), 473 (part one and two), 476, 485 (part one) (for individuals) of this Code - by the traffic police with special titles;

      8) for administrative offences provided by Articles 281-1, 298 (first part), 298-1 (first part), 300, 311, 330-1 (first part), 387 of the Code - by the heads and their deputies of sub-departments of environment protection and veterinary police of internal affairs bodies;

      9) for administrative offences provided by Articles 330-1 (first part), 333 (second part), 336 (first and second parts), 336-3 (first part), 338 (second part) of this Code - by the heads and their deputies of juvenile divisions of the internal agencies;

      10) (is excluded - dated March 26, 2007 No. 240)

      11) for administrative offences provided by Articles 298-1 (first part), 305 (first part), 306 (first part), 330-1 (part one) - by the heads and their deputies of the specialized police departments of internal bodies, combating criminal encroachments on fish stocks;

      12) for administrative offences provided in Articles 377, 380 (first part), 394 (first part), 395, 396 (first and third parts) of this Code, - be the heads of departments, divisions, departments of immigration police bodies and their deputies.

      Footnote. Article 543 as amended by the Law of the Republic of Kazakhstan dated June 3, 2003 No. 428; dated December 5, 2003 No. 506; dated December 9, 2004 No. 10; dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); dated March 26, 2007 No. 240 (the order of enforcement see Art. 2); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008); dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2); dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3); dated 10.07.2009 No. 180-IV; dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2 ); dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2); dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 544. Anti-Fire State Services

      1. Anti Fire State Services consider cases on administrative offences provided by Articles 231 (first part), 249, 277, 284, 312, 313, 334 (part one and two), 460 of this Code.

      2. On behalf of anti-fire state services, the following are entitled to examine and impose administrative penalties:

      a head of municipal, regional, territorial authority of anti-fire state service - can impose fines for individuals - up to three monthly calculation indices, for officials - up to ten monthly calculation indices;

      a head of territorial department of the state anti-fire service of the oblast (a town of republican importance, a capital) and his deputies - a fine for individuals up to ten, for officials - up to twenty-five, and for legal entities - up to a hundred monthly calculation indices;

      a head of public anti-fire service and his deputies - a fine for individuals up to two hundred, for officials - up to four hundred, for legal entity s - up to two thousand monthly calculation index.

      Footnote. Article 544 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Law of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Art. 2); dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3); dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2).

Article 545. (Article 545 is excluded by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506).

Article 546. (Article 546 is excluded by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506).

Article 547. An authorized body for state regulation of civil aviation

      1. The authorized body for state regulation of civil aviation considers the cases on administrative offences, provided by articles 175 (part two) (on the offences, committed by carriers in an air transport), 443 (except for the cases of violations stipulated by the first, third and fourth parts of this article, committed at non-civil aviation airfields, or in the area of such ??aerodromes, by part 5), 444, 446 (first part), 447 (first part), 459, 460, 479 (for violations at air transport), 480 (part two), 482 of this Code.

      2. On behalf of the authorized body for state regulation of civil aviation, the following are entitled to consider cases on administrative offences and impose administrative penalties:

      the entitled officials (Articles 411, 444, 446 (first part), 459, 460 for violations in civil aviation activity).

      Footnote. Article 547 as amended by the Laws of the Republic of Kazakhstan dated 03.06.2003 No. 428; dated 03.07.2003 No. 464; dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 15.07.2010 No. 340-IV (the order of enforcement see Art. 2).

Article 548. The Transport Control Bodies

      1. Traffic Control bodies consider cases on administrative offences provided by Articles 246 (first part), 247, 357-2 (first part), 439, 440, 440-1, 441, 447, 447-1, 447-2, 447-3 , 447-4, 447-5, 448, 449, 450, 451, 452, 453 (in the first, third parts), 454 (in the fourth, fifth parts), 455, 456, 457, 458, 459, 460 (except for violations on air vehicles), 461 (part 6-1), 463 (first part, when these violations are violations of the rules for passenger and cargo transportation, the second and third parts), 467-1, 473-1, 477 (the first, second, fourth parts), 479-481 (except for violations at air transport vehicles), 483, 486 (first part), 490 of this Code.

      2. Cases on administrative offences and administrative penalties on behalf of the transport control bodies may be considered and imposed by:

      on all articles of this Code, referred to jurisdiction of the transport control body, - by a head of the transport control body and his deputies, heads of territorial transport control bodies and their deputies;

      on administrative offences, provided by Articles 247, 357-2 (first part), 440, 440-1, 441, 447, 447-1, 447-2, 447-3, 447-4, 447-5, 452, 454 (part four), 455, 456, 459-460 (except for violations of air transport vehicles), 461 (part 6-1), 463 (first part, when these violations are violations of the rules for passenger and cargo transportation , in the second and third parts) , 467-1, 473-1, 477 (the first, second, fourth parts), 479, 480, 481 (except for violations of air vehicles), 483, 486 (first part), 490 - by the authorized officials of the transport control bodies.

      3. The fines, imposed by the officials, defined in the third item of paragraph 2 of this article may not exceed twenty monthly calculation indices.

      Footnote. Article 548 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 30.12.2009 No. 234 -IV; dated 06.01.2010 No. 238-IV (the order of enforcement see Art. 2); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.01. 2011 No. 399-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 548-1. The bodies of state power supervision and control

      1. The bodies of state power supervision and control consider the cases on administrative offences, provided by Articles 219-1, 219-2, 219-3, 219-4, 219-5, 219-7, 219-8 (Part One), 219-10 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the heads of territorial divisions of the bodies for state power supervision and control.

      Footnote. Chapter 32 is supplemented by Article 548-1 in accordance with the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced from 26.07.2012).

Article 549. The authorized body for transport and communications

      1. The authorized body for transport and communications considers the cases on administrative offences, provided by Articles 175 (part two) (regarding the offences, committed by carriers by rail, sea and inland waterway transport), 357-2 (first part), 441, 443 (parts first, second, third and fourth), 444, 446 (first part), 450, 451 (second part), 452, 453 (first part), 455 (part three), 457 (in terms of small vessels and base structures for their parking, subjected to them), 459, 460, 481 (regarding violations in sea and air transport vehicles), 488, 489 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      a head of the authorized body for transport and communications, and his deputies, heads of the authorized body for transport and communications, its regional offices and their deputies.

      Footnote. Article 549 as amended by the Laws of the Republic of Kazakhstan dated 07.01.2003 No. 372; dated 03.06.2003 No. 428; dated 03.07.2003 No. 464; dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006 ), dated 15.07.2010 No. 340-IV (the order of enforcement see Art. 2).

Article 549-1. The authorized body for information and communication

      1. The authorized body for information and communication considers the cases on administrative offences provided by Articles 357-2 (first part), 492 (first part), 494 (first part), 494-1 (the first, second and fourth parts), 495, 496 (part one), 497-1, 497-2, 497-3 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      1) the head of the authorized body for information and communication, and his deputies;

      2) the heads of territorial department of the authorized body for information and communication.

      Footnote. Chapter is supplemented by Article 549-1 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 N 123 (shall be enforced from 01.01.2006) as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 10.07.2009 No. 178-IV; dated 07.12.2009 No. 221-IV (the order of enforcement see Art. 2); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 550. State labor inspection bodies

      1. The bodies of the state labor inspection consider the cases on administrative offences provided by Articles 87, 87-1, 89-94, 175 (by part two of the offences committed by employers), 396 (the first, second and third parts), 399 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      the state labor inspectors;

      the officials of an authorized body for the Regional Financial Center of Almaty - against the members of the Regional Financial Center of Almaty.

      Footnote. Article 550 is in the wording of the Law of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV; as amended by the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 551. Justice Agencies

      1. Judicial bodies consider the cases on administrative offences provided by Article 128 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body for intellectual property and his deputies, the head of the oblast, Astana and Almaty Justice bodies and his deputies.

      Footnote. Article 551 as amended by the Law of the Republic of Kazakhstan dated November 22, 2005 No. 90 (the order of enforcement see Art. 2), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 551-1. The authorized state body for state registration of legal entities, civil status acts, regulation of assessment activities

      Footnote. Title of Article 551-1 as amended by the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. The authorized state body for state registration of legal entities, civil status acts, regulation of assessment activities consider cases on administrative offences, provided in Article 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      1) for administrative offences, provided by Article 357-2 (first part) of the Code - by the head of the authorized state body for state registration of legal entities, civil status acts, regulation of assessment activities and his deputies;

      2) excluded by the Law of the Republic of Kazakhstan dated 22.07.2011 No. 478-IV.

      Footnote. Chapter is supplemented by Article 551-1 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006) as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 552. Bodies on Migration

      1. Migration bodies consider the cases on administrative offences, provided by Article 399 (within their jurisdiction) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of a migration body of Kazakhstan, head of the regional, Astana and Almaty, and equal to it body on migration.

      Footnote. Article 552 as amended by the Laws of the Republic of Kazakhstan dated 02.03.2006 No. 131, dated 06.07.2007 No. 276, dated 04.12.2009 No. 217-IV (shall be enforced from 01.01.2010).

Article 553. An authorized body for industrial safety

      1. An authorized body for industrial safety consider the cases on administrative offences, provided by Articles 89 and 175 (part two) (in terms of offences committed by the owners of facilities whose activities caused damage to the third parties), 220, 221, 270, 271, 272 (in terms of technical safety), 357-2 (first part), 504 of this Code.

      2. On behalf of the authorized body for industrial safety, the following are entitled to consider cases and impose administrative penalties:

      1) the state inspectors of an authorized body for industrial safety and its regional bodies - a fine for individuals up to five, for officials - up to twenty five monthly calculation indices;

      2) a head of the territorial unit of the authorized body for industrial safety and his deputies - a fine for individuals up to ten, for officials - up to fifty, for legal entities - up to 150 monthly calculation indices;

      3) a head, heads of departments, divisions, and their deputies of an authorized body for industrial safety - a fine for individuals up to fifty, for officials - up to a hundred, on legal entity s - up to 500 monthly calculation indices.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Footnote. Article 553 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 553-1. The authorized body for civil defense

      1. The authorized body for Civil defense considers the cases on administrative offences provided by Article 504 of this Code.

      2. Cases on administrative offences, related to non-performance of legal acts in civil defense area, and administrative penalties may be considered and imposed by:

      1) the state inspectors of the Republic of Kazakhstan on the state control in Civil defense area and the regional bodies;

      2) a head of the territorial unit of the authorized body for civil defense and his deputies.

      Footnote. Chapter 32 is supplemented by Article 553-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 554. An authorized body for environmental protection

      1. An authorized body for environmental protection considers the cases on administrative offences, provided by Articles 122, 123 (second part), 175 (part two in terms of offences committed by the persons engaged in environmentally hazardous business and other activities), 220 (part one) 240, 240-1, 241-246 (Part I), 247-250, 261, 264, 265, 270-272, 275 (second part), 276, 291, 294, 296, 301, 302 (part 1) 303 (first part), 304 (first part), 305 (first part), 306 (first part), 306-1 (the first, second, fourth parts), 306-3 (part one), 357-2 (part one ) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      State environmental inspectors and senior state environmental inspectors of regions, cities of republican status, and the capital - the fine for individuals is up to twenty, for officials - up to fifty, for legal entities - up to 200 monthly calculation indices;

      State environmental inspectors of the Republic of Kazakhstan - the fine for individuals up to twenty, for officials - up to seventy, for legal entities - up to 250 monthly calculation indices;

      senior government environmental inspectors of the Republic of Kazakhstan - the fine for individuals up to forty, for officials - up to 300, for legal entities - up to 500 monthly calculation indices;

      the main state environmental inspectors of oblasts, cities of republican status, the capital - a fine for individuals up to fifty, for officials - up to 150, for legal entities - up to 2 000 monthly calculation index, as well as a fine, defined as a percentage of the transaction amount, conducted with violations of the legislation of the Republic of Kazakhstan, or the amount of damage made to the environment;

      chief environmental inspector of the Republic of Kazakhstan and his deputy - the fine for individuals up to fifty, for officials - up to 150, for legal entities - up to 2 000 monthly calculation index, as well as a fine, defined as a percentage of the transaction amount, conducted with violation of the legislature of the Republic of Kazakhstan, or the amount of damage caused to the environment.

      Footnote. Article 554 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); as amended by the Laws of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Art. 2), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 554-1. The authorized body for subsoil study and use

      1. The authorized body for subsoil study and use considers the cases on administrative offences, provided for by Articles 123 (part one), 259-274, 275 (first part), 301, 302 (the first, second), 303 (first part), 304 (part first), 305 (first part), 306 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      the territorial senior state and territorial state inspectors for study and use of mineral resources - the fine for individuals up to ten, for officials - up to fifteen, for legal entities - up to one hundred and fifty monthly calculation indexes;

      state inspectors of the Republic of Kazakhstan for study and use of mineral resources, deputies of the territorial chief state inspectors for study and use of mineral resources - a fine for individuals up to fifteen, for officials - up to twenty five, and for legal entities - up to two hundred and fifty monthly calculation indexes;

      senior state inspectors of the Republic of Kazakhstan for study and use of mineral resources, territorial chief state inspectors for study and use of mineral resources - the fine for individuals up to twenty-five, for officials - up to fifty, for legal entities - up to five hundred monthly calculation indexes;

      Chief Inspector of the Republic of Kazakhstan for study and use of mineral resources and his deputies - a fine for individuals up to fifty, for officials - up to a hundred, for legal entities - up to a thousand monthly calculation index.

      Footnote. Supplemented by Article 554-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; as amended - dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 555. Customs bodies

      1. Customs bodies shall consider cases on administrative offences, provided by Articles 140 (first part), 141, 357-2 (first part), 400, 401, 402, 403, 404, 405 (second and third parts), 406, 407, 409 - 1, 411, 412, 425, 431, 434, 434-1, 435, 438, 438-1 of this Code.

      2. Customs bodies shall consider cases on administrative offences provided by Articles 175 (second part), 220, 240 (first part), 247, 294 (first part), 323 (first part), 447 (second and third parts), 447-1 ( Part One), 447-2, 447-3, 460 (for administrative offences committed on motor transport), 461 (the parts first, second, fourth, fifth, sixth, 6-1), 463 (second and third parts), 467 - 1, 470 (the third part), 477 (part four) of this Code when the administrative offences, listed in this paragraph are committed in the road checkpoints across the state border of the Republic of Kazakhstan.

      3. Cases on administrative offences and administrative penalties may be considered and imposed by the heads of customs bodies or their deputies.

      Footnote. Article 555 is in the wording of the Law of the Republic of Kazakhstan dated 06.01.2010 No. 238-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 556. The bodies of the Ministry of Defense of the Republic of Kazakhstan

      1. The bodies of the Ministry of Defense of the Republic of Kazakhstan consider the cases on administrative offences, provided by Articles 461 (the first, second, fourth and sixth parts), 462 (first and second parts), 463 (except for the part 1-1), 464 (first part), 467 (in the fourth, sixth parts), 468 (the third part), 470, 472-476, 477 (in the first, second, fourth), 503, 505-512 of this Code.

      2. Cases on administrative offences and administrative penalties on behalf of the Ministry of Defense of the Republic of Kazakhstan may be considered and imposed by:

      1) for administrative offences, provided in Articles 503, 505-512 of the Code - a head of the local military command;

      2) Officials of the military auto-police: the head or deputy head, chairman of the Military Qualification Commission, Chief Inspector and other military personnel, appointed in the prescribed manner as the staff and freelance inspectors of military auto-police - in the form of a warning for administrative offences, provided by articles 461 (part one ), 462 (first part), 463 (first part), 464 (first part), 470 (first part), 473 (first part), 476 of this Code.

      3. Materials on offences, committed by drivers of vehicles of the Armed Forces of the Republic of Kazakhstan - the military and military servicemen called for trainings , for which an administrative fine is prescribed by the Ministry of Defense of the Republic of Kazakhstan, are submitted by the military Automobile Inspectorate to the appropriate commanders (chiefs) to address the issue of bringing the drivers to responsibility in compliance with the Disciplinary regulations of the Armed Forces of the Republic of Kazakhstan.

      Protocols on offences, committed by drivers of vehicles of the Armed Forces of the Republic of Kazakhstan - the military and military servicemen called for training duties, for which an administrative penalty may be imposed in the form of deprivation of the right to drive a vehicle, are submitted by a military auto-inspection in the manner prescribed by the Ministry of Defense and the Ministry of Interior of the Republic of Kazakhstan, to the traffic police bodies to be further forwarded to the court.

      Footnote. Article 556 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated May 22, 2007 No. 255 (shall be enforced from the day of its official publication), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 557. The bodies, performing State sanitary and epidemiological supervision

      1. The bodies for state sanitary and epidemiological supervision consider cases on administrative offences, provided by Articles 89, 140 (first part), 161 (part three), 164, 220, 221, 236, 239, 240, 242, 244, 248, 249 , 261, 270, 272, 275, 276, 277 (part two), 281-1, 294, 304 (first part), 310, 323 (first part), 333, 357-2 (first part), 387, 477 (the first, second), 494 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the chief state sanitary doctor of Kazakhstan and his deputies, chief state sanitary officers of oblasts, towns, districts and their deputies, chief state medical officers for transport and their deputies.

      Footnote. Article 557 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006), dated 10.07.2009 No. 180-IV; dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2).

Article 557-1. A State authority for medicines, medical supplies and medical equipment

      Footnote. Title of Article 557-1 as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

      1. A state authority for medicines, medical supplies and medical equipment, and its territorial subdivisions consider cases on administrative offences, provided by the first part of Article 324, part one of Article 357-2 of this Code, within its competence.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by a head of a state body for medicines turnover, medical supplies and medical equipment, his deputies, heads of territorial units and their deputies.

      Footnote. The Code is supplemented by new Article 557-1 in accordance with the Law of the Republic of Kazakhstan dated May 6, 2004 No. 551; as amended by the Law of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV.

Article 557-2. State control authority for health services provision

      1. A state control authority for control over provision of medical services and its territorial subdivisions consider cases on administrative offences, provided by Articles 85 (the first, second and third parts), 85-1 (first part), 85-2 (first part), 322 (parts 1 and 2), 325 of this Code, within its competence.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by a head of a state body controlling provision of health services and the heads of its territorial units.

      Footnote. Chapter is supplemented by Article 557-2 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 16.07.2009 No. 186-IV.

Article 558. The medical services of the Ministry of Defense, Ministry of Interior and the National Security Committee of Kazakhstan, the Committee of the Correctional System of the Ministry of Internal Affairs of the Republic of Kazakhstan, Conducting Sanitary Supervision

      The medical services of the Ministry of Defense, Ministry of Interior and the National Security Committee, the Committee of the correctional system of the Ministry of Internal Affairs of the Republic of Kazakhstan, carrying out sanitary supervision, consider the cases on administrative offences, provided by Article 323 (first part) of this Code, on violations of sanitary and sanitary-epidemiological rules at the objects, located in the territory of the military towns and military training centers of the Ministry of Defense of the Republic of Kazakhstan, and at the facilities, subordinated to the Ministry of Internal Affairs and the National Security Committee, the Committee of the penal system of the Ministry of Internal Affairs of the Republic of Kazakhstan.

      Footnote. Article 558 is in the wording of the Law of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 559. An authorized body for veterinary medicine

      1. The officials of the authorized body or veterinary consider the cases on administrative offences, provided by Article 310 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      Chief state veterinary and sanitary inspector of the Republic of Kazakhstan and his deputies - a fine for individuals up to five, for officials, entrepreneurs, legal entities of small and medium enterprises - up to fifty, for legal entities of large enterprises - up to a hundred monthly calculation indices;

      State vet-sanitary inspectors of veterinary control points at border and customs checkpoints (border checkpoints of the Republic of Kazakhstan), chief state veterinary and sanitary inspectors of the oblasts, (towns of republican status, the capital) and their deputies, state veterinary and sanitary inspectors of a town of national importance , the capital - the fine for individuals up to five, for officials, entrepreneurs, legal entities of small and medium enterprises - up to forty, for legal entities of large enterprises - up to eighty monthly calculation indices;

      chief state veterinary and sanitary inspectors and state vet-sanitary inspectors of districts (towns of regional importance) - the fine for individuals up to three, for officials, entrepreneurs, legal entities of small and medium enterprises - up to twenty, for legal entities, being a subject of a large-scale enterprise - up to fifty monthly calculation indices.

      3. The officers of the government veterinary departments may levy fine on the spot:

      1) in the point of sale - for violating the veterinary-sanitary rules for sale of animals (including poultry, fish and bees), food and raw materials of animal origin;

      2) on the rail, water and air transport, on highways and dirt roads, on animals drift roads - for violating the sanitary rules for transportation of animals (including poultry, fish and bees), products and raw materials of animal origin, as well as the rules of livestock over landing;

      3) at the state border - for violation of sanitary rules for protection of the territory of the Republic of Kazakhstan from contagious animal diseases (including birds, fish and bees) coming from a foreign country.

      Footnote. Article 559 as amended by the Laws of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008); dated 24.07.2009 No. 190-IV (the order of enforcement see Art. 2).

Article 559-1. An authorized body for livestock breeding

      1. The officials of the body, authorized for livestock breeding consider cases on administrative offences, provided by Article 310-1 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the Chief Inspector for livestock breeding of Kazakhstan, Deputy Chief Inspector for livestock breeding of the Republic of Kazakhstan, chief state inspectors for livestock breeding of oblasts, towns of republican status, the capital, and their deputies, the state inspectors for livestock breeding of rural districts and the towns of regional importance.

      Footnote. Chapter 32 is supplemented by Article 559-1 in accordance with the Law of the Republic of Kazakhstan dated 12.01.2012 No. 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 560. An authorized body for plant quarantine

      1. The authorized body for plant quarantine and its local bodies consider the cases on administrative offences, provided by Article 307 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      Chief Inspector for Plant Quarantine of the Republic of Kazakhstan and his deputy - the fine for individuals up to five, for officials, entrepreneurs, legal entities of small and medium enterprises - up to forty, for legal entities of large enterprises - up to 100 monthly calculation indices;

      chief state inspectors for plant quarantine, state inspectors for plant quarantine of regional and municipal services - the fine for individuals up to five, for officials, entrepreneurs, legal entities of small and medium enterprises - up to thirty-five, for legal entities of large-scale enterprises - up to eighty monthly calculation indices;

      the state inspectors for plant quarantine of municipal, district services, border crossings and checkpoints - the fine for individuals up to five, for officials, entrepreneurs, legal entities of small and medium enterprises - up to thirty, for legal entities of a large enterprise - up to seventy monthly calculation indices.

      Footnote. Article 560 is in the wording of the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 560-1. An authorized body for seed production, development of cotton industry and regulation of grain market

      1. The authorized body for seed production, development of cotton industry and regulation of the grain market and its local agencies consider the cases on administrative offences, provided by Articles 186, 309-1 (parts two, three, four), 309-2 (parts one-third), 309 4 (the first, second, third parts), 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the heads of territorial bodies and their deputies.

      Footnote. The Code is supplemented by Article 560-1 in accordance with the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 21.07.2007 No. 299, dated 27.07. 2007 No. 314 (shall be enforced from 01.01.2008); dated 11.12.2009 No. 229-IV (the order of enforcement see Art. 2).

Article 560-2. An authorized body for plant protection

      1. An authorized body for plant protection and its sub-departments consider cases on administrative offences, provided by Articles 220, 294, 309-3, 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      Chief State Inspector for Plant Protection of the Republic of Kazakhstan - the fine for individuals up to twenty, for officials, entrepreneurs, legal entities of small and medium enterprises - up to a hundred, for legal entities of large enterprises - up to two hundred monthly calculation indices;

      chief state inspectors for plant protection of the corresponding administrative-territorial units - the fine for individuals up to fifteen, for officials, entrepreneurs, legal entities of small and medium enterprises - up to eighty, for legal entities of large enterprises - up to one hundred seventy monthly calculation indices ;

      state inspectors for plant protection - the fine for individuals up to fifteen, for officials, entrepreneurs, legal entities of small and medium enterprises - up to seventy-five, and for legal entities of large enterprises - up to one hundred fifty monthly calculation indices.

      Footnote. Article 560-2 is in the wording of the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 561. The authorized bodies for use and protection of water resources

      1. The authorized bodies for use and protection of water resources consider the cases on administrative offences, provided by Articles 121, 124 (second part), 276, 277, 278 (part two), 279-281, 281-2 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      Chief State Inspector for regulation of use and protection of water and his deputies, the chief state basin (territorial) inspectors, regulating the use and protection of water resources and their deputies - the fine for individuals up to fifteen, for officials, entrepreneurs, legal entities of small or medium-scale business or non-profit organizations - up to seventy, for legal entities of large enterprises - up to three hundred monthly calculation indices;

      senior state inspectors, regulating the use and protection of water - the fine for individuals up to fifteen, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - up to sixty-five, and for legal entities of large businesses - up to two hundred and seventy monthly calculation indices;

      the state inspectors, regulating the use and protection of water - the penalty for individuals up to fifteen, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - up to sixty, and for legal entities of large enterprises - up to two hundred and sixty monthly calculation indices.

      Footnote. Article 561 is in the wording of the Law of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008); as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV.

Article 562. Competent bodies for forestry, fishing and hunting

      1. Competent bodies for forestry, fishing and hunting consider cases on administrative offences, provided by Articles 121, 125, 126, 250, 252, 282, 283 (part two), 284-297, 298 (first part), 298-1 (by the first and third parts), 299, 300, 304 (first part), 305 (first part), 306 (first part), 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties on behalf of the bodies for forestry, fishing and hunting may be considered and imposed by:

      1) for administrative offences, provided by Articles 121, 125, 126, 250, 252, 282, 283 (part two), 284-297, 298 (first part), 298-1 (first and third parts), 299, 300, 304 (first part), 305 (first part), 306 (first part), 357-2 (first part) of this Code, - by the officials of the authorized bodies for forestry, fishing and hunting of the Republic of Kazakhstan and their territorial bodies;

      2) for administrative offences, provided by Articles 121, 250, 252, 282, 283 (part two), 284-291, 294, 296, 297, 298 (first part) of this Code, - by the heads, deputy heads of the state forestry institutions;

      2-1) for administrative offences, provided by Articles 121, 250, 252, 282, 283 (part two), 284-291, 294, 296, 297, 298 (first part) of this Code - by the officials of the structural sub-departments of forestry and hunting management of the oblast executive agencies;

      3) for administrative offences, provided by Articles 121, 126, 250, 252, 283 (second part), 284 (the third part), 285 (second part), 286 (second part), 287 (part four), 289 (part four ), 290 (second part), 291 (second part), 294 (second part), 296-1, 297, 298 (part one), 298-1 (in parts one and three) of this Code, - by the heads, deputy heads, heads of security departments for specially protected areas, established in the legal framework of a public institution.

      Footnote. Article 562 is in the wording of the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; as amended by the Law of the Republic of Kazakhstan dated January 10, 2006 No. 116 (the order of enforcement see Art. 2 of the Law No. 116); dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 563. The bodies for state control over land use and protection

      1. A Central authorized body for management of land resources and its territorial agencies consider the cases on administrative offences, provided by Articles 118, 120, 121, 250-258, 357-2 (first part) of this Code.-

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      Chief State Inspector for land use and protection of the Republic of Kazakhstan - the fine for individuals up to seventy-five, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - up to a hundred and fifty, for legal entities of large-scale enterprises - up to seven hundred monthly calculation indices;

      the chief state inspectors for land use and protection of the respective administrative-territorial units - the fine for individuals up to sixty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - up to 120, for legal entities of large-scale enterprises - up to 550 monthly calculation indices;

      the state inspectors for land use and protection - a fine for individuals up to fifty, for officials, entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - up to a hundred, for legal entities of large enterprises - up to three hundred monthly calculation indices.

      Footnote. Article 563 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 10.07.2009 No. 180-IV.

Article 563-1. The authorized body on investment

      1. An authorized agency for investment considers the cases on administrative offences, provided by Article 134-1 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body on investments and his deputies.

      Footnote. Supplemented by Article 563-1 in accordance with the Law of the Republic of Kazakhstan dated May 4, 2005 No. 48.

Article 563-2. Bodies for state control for geodesy and cartography

      1. A central authorized body for geodesy and cartography and its local agencies consider the cases on administrative offences, provided by Article 258-1 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the central authorized body for geodesy and cartography and his deputies, heads of territorial agencies and their deputies.

      Footnote. Chapter 32 is supplemented by Article 563-2 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 564. (Article 564 is excluded by the Law of the Republic of Kazakhstan of December 5, 2003 No. 506).

Article 565. Antimonopoly authority

      1. The antimonopoly body shall consider the cases on administrative offences, provided by Articles 147-2, 147-3, 147-4,163-5 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of anti-monopoly body and his deputies, the heads of territorial divisions of the antimonopoly body and their deputies.

      Footnote. Article 565 is in the wording of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 174; as amended by the Laws of the Republic of Kazakhstan dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009); dated 26.01.2011 No. 400-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 565-1. The authorized body for managing of natural monopolies and the regulated markets

      Footnote. Title of Article 565-1 as amended by the Law of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009).
      Note of the RCLI!
      There are amendments to paragraph 1 by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2017).

      1. The authorized body, managing natural monopolies and the regulated markets, considers the cases on administrative offences, provided by Articles 147-5, 147-6 (the first, second and third parts), 147-7, 147-8, 147-9, 186, 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body, running the natural monopolies and the regulated markets, and his deputies, the heads of territorial bodies of the authorized body, administering the natural monopolies and the regulated markets, and their deputies.

      Footnote. Chapter is supplemented by Article 565-1 in accordance with the Law of the Republic of Kazakhstan dated July 7, 2006 No. 174 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009); dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 565-2. An authorized body for control and regulation of activities, referred to a state monopoly area

      An authorized body, entitled to control and regulate the activities, referred to the state monopoly area, considers the cases on administrative offences, provided by Article 147-1 (first part) of this Code.

      Cases on administrative offences and administrative penalties may be considered and imposed by a head of an authorized agency, controlling and regulating the activity, referred to the state monopoly area, and his deputies, the heads of territorial bodies of the authorized agency, controlling and regulating the activity, referred to the state monopoly, and their deputies.

      Footnote. Chapter is supplemented by Article 565-2 in accordance with the Law of the Republic of Kazakhstan dated 07.07.2006 No. 174 as amended by the Law of the Republic of Kazakhstan dated 21.01.2010 No. 242-IV (the order of enforcement see Art. 2).

Article 566. Bodies for state control over technical regulations and ensuring measurement traceability

      1. The bodies for state control over technical regulations and provision of measurement traceability, consider the cases on administrative offences, provided by Articles 161 (first part), 164, 219-9, 317 (first part), 317-4 (first part), 357 - 2 (first part), 496 (first part) of this Code.

      2. Chief Inspector of Kazakhstan for state control and supervision and his deputies, and the chief state inspectors of oblasts and cities for the state control and supervision and their deputies are entitled to impose administrative penalties.

      Footnote. Article 566 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 13.01. 2012 No. 542-IV (shall be enforced from 26.07.2012); dated 28.06.2012 No. 24-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 567. The authorized body for registration of agricultural machinery

      1. The authorized body for registration of agricultural machinery considers the cases on administrative offences, provided by Articles 461 (the first, second and fourth parts) (regarding the offences committed by drivers of tractors, self-propelled agricultural, irrigation and road-building machines), 470, 474, 475, 483 of this Code, in the part, related to the bodies for registration of agricultural machinery, tractors and other self-propelled equipment.

      2. Cases on administrative offences and administrative penalties on behalf of the authorized body for registration of agricultural machinery may be considered and imposed by the engineers-inspectors of district and oblast competent bodies for registration of agricultural equipment.

      Footnote. The Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 567-1. The authorized state body for crop growing

      1. The authorized state body for crop considers the cases on administrative offences, provided by Articles 173 (in the second and sixth parts) (regarding the offences, committed by mutual insurance societies for plant growing), 175 (part two) (in terms of the offences, committed by the producers of crop production) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by a head the authorized state body for crop growing and his deputies, the heads of territorial bodies and their deputies.

      Footnote. The Code is supplemented by Article 567-1 in accordance with the Law of the Republic of Kazakhstan dated 03.06.2003 No. 428 as amended by the Laws of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV; dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 568. Bodies for state architectural-building control and supervision over the quality of construction

      Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Art. 2 of the Law No. 116); as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. The bodies for state architectural-building control and supervision over the quality of construction, consider the cases on administrative offences, provided by Articles 230, 231 (first part), 234, 235 (part one), 235-1 (the first, second and third parts), 236, 237-2, 238, 239, 278 (second part), 291, 357-2 (first part), 387, 499 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the Chief State Construction Inspector of the Republic of Kazakhstan and his deputies, as well as the chief state building inspectors of oblasts, cities of republican status, the capital.

      Footnote. Article 568 is in the wording of the Law of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 21.10.2005 No. 80; as amended by the Laws of the Republic of Kazakhstan dated January 10, 2006 No. 116 (the order of enforcement see Art. 2 of the Law No. 116); dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 21, 2007 No. 307 (the order of enforcement see Art. 2 of the Law), dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of 10 calendar days after its first official publication), dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 569. The authorized body for statistics

      1. The authorized body for statistics considers cases on administrative offences, provided for in Articles 381, 381-2, 382, ??383, 384 and 384-1 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the heads of territorial bodies of the authorized body for statistics and their deputies.

      Footnote. Article 569 is in the wording of the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.
      Note of the RCLI!
      There are amendments to Article 570 by the Law of the Republic of Kazakhstan dated 21.06.2012 No. 19-V (shall be enforced from 01.01.2013).

Article 570. Tax Service

      1. The tax bodies consider the cases on administrative offences, provided for by Articles 88 (parts three, four and five), 88-1 (parts second, third), 163 (the first, second, fifth and eighth parts), 166, 205 - 208, 210 - 212, 213 (part one - third), 215-218, 218-1 (part one - sixth, eighth), 219, 357-2 (first part), 358, 358-1, 360 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the heads of tax bodies and their deputies.

      Footnote. Article 570 as amended by the Laws of the Republic of Kazakhstan dated March 13, 2003 No. 394, dated December 5, 2003 No. 506, dated April 8, 2004 No. 542 (shall be enforced from January 1, 2005); dated December 13, 2004 No. 11 (shall be enforced from January 1, 2005), dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007); dated ??July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 570-1. Financial Police

      1. Finance Police considers the cases on administrative offences, provided for by Articles 140 (first part), 141, 161-1, 164, 169-1, 176 (first part), 205 (the first, second, fourth and fifth parts), 206-2, 207, 212, 215, 358-361 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the Finance Police and his deputies, the heads of financial police of oblasts, towns of national significance, the capital of Kazakhstan, interregional, regional, municipal and district departments of special units of financial police and their deputies.

      Footnote. The Code is supplemented by Article 570-1 in accordance with the Law of the Republic of Kazakhstan dated 12.07.2001 No. 240 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 09.12.2004 No. 10, dated 21.10.2005 No. 80, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008), dated 17.07.2009 No.188-IV (the order of enforcement see Art. 2); dated 07.12. 2009 No. 222-IV (the order of enforcement see Art. 2).

Article 571. Bodies of the Ministry of Finance of the Republic of Kazakhstan

      1. Bodies of the Ministry of Finance of the Republic of Kazakhstan consider the cases on administrative offences, provided by Articles 176 (second part), 177, 178, 179-2, 184-2, 186, 204, 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered by:

      1) (is excluded).

      2) for administrative offences, defined by Articles 176 (part two), 177, 178, 179-2, 184-2, 186, 204, 357-2 (first part) of this Code, - by the head of the authorized state body for ??public financial control and public procurement and his deputies, the heads of territorial bodies; the head of the authorized state body, regulating the auditing activity;

      3) (is excluded).

      Footnote. Article 571 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated October 21, 2005 No. 80, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated May 5, 2006 No. 139 (the order of enforcement see Art. 2 of the Law No. 139); dated July 5, 2006 No. 165 (the order of enforcement see Art. 2); dated July 7, 2006 No. 171 (the order of enforcement see Art. 2), dated February 28, 2007 No. 235 (the order of enforcement see Art. 2); dated July 27, 2007 No. 315 (shall be enforced from the date of its publication), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2).

Article 571-1. A central authorized body for internal control

      1. A central authorized body for internal control considers cases on administrative offences, provided by Article 167 of this Code.

      2. Cases on administrative offences and administrative penalties may be considered by the head of the central authorized body for internal control and his deputies, heads of territorial divisions.

      Footnote. Article 571-1 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 No. 304 (shall be enforced from January 1, 2008).

Article 571-2. An authorized body for state regulation in ??bankruptcy

      1. An authorized body and its territorial bodies that perform state regulation of bankruptcy, consider the cases on administrative offences, provided by Article 155-1 (the first, second and third parts) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered by the head of the authorized body, performing the state regulation of ??bankruptcy, and his deputies, the heads of territorial bodies of the authorized body, performing the state regulation in the area of ??bankruptcy, and their deputies.

      Footnote. Chapter 31 is supplemented by Article 571-2 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 60-IV (the order of enforcement see Art. 2).

Article 572. The bodies of the National Bank of the Republic of Kazakhstan

      1. The bodies of the National Bank of Kazakhstan consider the cases on administrative offences, provided by Articles 166-1, 168, 168-2 (the fourth, ninth and tenth parts), 168-6, 168-7, 169, 169-2, 172-2 (parts 1 and 2), 179 (parts three and four), 180, 182, 188 (first and third parts), 188-1, 218, 357-2 (first part) of this Code, and Article 381, regarding the initial statistics data, collected within their competence.

      2. Cases on administrative offences and administrative penalties may be considered by the Chair of the National Bank of Kazakhstan, his deputies, and the heads of regional branches.

      3. The powers of the National Bank of Kazakhstan, as well as its employees who are eligible to make a protocol on administrative offence shall be determined in accordance with the Code.

      Footnote. Article 572 as amended by the Laws of the Republic of Kazakhstan dated 28.03.2003 No. 398, dated 10.07.2003 No. 483 (shall be enforced from 01.01.2004); dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01 .2006), dated 19.02.2007 No. 230 (the order of enforcement see Art. 2), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 04.07.2009 No. 167-IV (the order of enforcement see Art. 2); dated 19.03.2010 No. 258-IV; dated 21.07.2011 No. 466-IV (shall be enforced upon expiry of thirty calendar days after its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 573. The authorized body for control and supervision of financial market and financial organizations

      1. The authorized body for control and supervision of financial institutions and financial organizations consider the cases on administrative offences, provided by Articles 88 (the first, 1-1, 1-2, sixth and seventh parts), 158-1, 158-2, 167-1 (part one ), 168-2 (Part 1 - 3, fifth - eighth, eleventh and twelfth), 168-4, 170, 170-1, 171, 172, 172-1, 172-2 (Part 3 - 6), 173 (the first, third - fifth, seventh - fifteen parts), 174, 175 (the first, third and fourth parts), 175-1, 175-2, 179-3, 191, 193, 194, 194-1, 195, 195 - 1, 196, 196-1, 197-1, 199, 201, 201-1, 218, 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the first head of the authorized body for control and supervision of financial market and financial organizations, and his deputies.

      Footnote. Article 573 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 574. Social security bodies of the Republic of Kazakhstan

      1. Social security bodies of the Republic of Kazakhstan consider the cases on administrative offences, provided for by Articles 88 (second part), 88-1 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered by the heads of Social Protection departments of Kazakhstan and their deputies.

      Footnote. Article 574 as amended by the Laws of the Republic of Kazakhstan dated March 13, 2003 No. 394, dated December 5, 2003 No. 506, dated April 8, 2004 No. 542 (shall be enforced from January 1, 2005); dated July 27, 2007 No. 315 (shall be enforced from the date of publication), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 574-1. The authorized state body, performing regulation and supervision of pension funds, organizations, engaged in investment management of pension funds, custodian banks, insurance companies

      Footnote. Supplemented by Article 574-1, as amended by the Law of the Republic of Kazakhstan dated March 13, 2003 No. 394; Article is excluded by the Law of the Republic of Kazakhstan dated July 10, 2003 No. 483 (shall be enforced from January 1, 2004).

Article 575. Border guard service of the National Security Committee of the Republic of Kazakhstan

      Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Border guard service of the National Security Committee of the Republic of Kazakhstan considers the cases on administrative offences, provided for by Articles 298 (first part), 306 (first part), 389, 390 (first part), 391 (first part), 391-1 (first part), 392 , 394 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties on behalf of the Border guard service of the National Security Committee may be considered and imposed by:

      the Head of the Border guard service of the National Security Committee of Kazakhstan and his deputies, the heads of special groups and their deputies - a warning or a fine for individuals up to ten monthly calculation indices, for officials - up to fifty, for legal entities - up to two thousand monthly calculation indices;

      the heads of border troops, commanders of military units of border control, naval military units and their deputies - a warning or a fine for individuals up to ten monthly calculation indices, for officials - up to twenty five monthly calculation indices.

      3. Cases on administrative offences on the continental shelf of the Republic of Kazakhstan and administrative penalties may be imposed by:

      1) for the illegal transfer of mineral and living resources of the continental shelf of the Republic of Kazakhstan to foreigners or foreign entities or foreign states:

      a Head of the Border Service of the Republic of Kazakhstan and his deputies, the heads of special groups and their deputies - a fine up to two hundred monthly calculation indices , the heads of the border troops, commanders of military units of border control, maritime military units - a fine of up to two hundred monthly calculation indices;

      2) (is excluded).

      Footnote. Article 575 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated March 2, 2006 No. 131, dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008), by the Law of the Republic of Kazakhstan dated December 19, 2007 No. 11-IV (the order of enforcement see Art. 2); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 576. State secret protection bodies

      1. State secret protection bodies consider cases on administrative offences, provided for by Articles 357-2 (first part), 385, 386 (the first, second) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      the head of the authorized body for protection of state secrets, and his deputy, the head of the National Security Committee and his deputy - a fine for officials is up to twenty monthly calculation indices;

      the head of the authorized body for protection of state secrets and his deputies, the Chairman of the National Security Committee of Kazakhstan and his deputies - a fine for officials up to fifty monthly calculation indices , for individuals - up to twenty, for legal entities - up to two hundred monthly calculation indices.

      Footnote. Article 576 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 576-1. The Bodies of state control over production and turnover of excisable products

      1. The bodies of state control over production and turnover of excisable goods consider the cases on administrative offences, provided for by Articles 163 (the first, second, fifth and eighth parts), 213 (Part One - third), 357-2 (part one).

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head (deputy) of the body of state control over production and turnover of excisable goods.

      Footnote. Supplemented by Article 576-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 576-2. The bodies of the correctional system of the Ministry of Justice of the Republic of Kazakhstan

      Footnote. Article 576-2 is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 576-3. The National Security bodies of the Republic of Kazakhstan

      Footnote. Article 576-3 is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 576-4. Local executive bodies

      1. A local executive body of an oblast considers the cases on administrative offences, provided by Articles 309-1 (part fifth, sixth, ninth, tenth), 309-4 (the fourth, fifth, sixth, seventh parts), 357-2 (first part) of this Code.

      2. A local executive body of a town of republican status, the capital considers the cases on administrative offences, provided by Articles 309-1 (part fifth, sixth, ninth), 309-4 (the fourth, fifth, sixth, seventh parts), 357-2 (first part) of this Code.

      3. Cases on administrative offences and administrative penalties may be considered and imposed by a governor of an oblast, a town of republican status, the capital and his deputies.

      Footnote. Chapter 32 is supplemented by Article 576-4 in accordance with the Law of the Republic of Kazakhstan dated 21.07.2007 N 299, in the wording of the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Art. 2).

Article 576-5. The authorized body for education

      1. The authorized body for education considers cases on administrative offences, provided for by Articles 311-1 (parts one - sixth), 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body for education and his deputies, the heads of territorial bodies of the authorized body for education, and their deputies.

      Footnote. Chapter 32 is supplemented by Article 576-5 in accordance with the Law of the Republic of Kazakhstan dated July 27, 2007 No. 320 (shall be enforced from August 9, 2007).

Article 576-6. The authorized body for tourism

      1. The authorized body for tourism activities considers the cases on administrative offences, provided for by Articles 175 (part two) (regarding the offences, committed by tour operators and travel agents), 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body for tourist activity and his deputies.

      Footnote. Chapter 32 is supplemented by Article 576-6 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 576-7. The authorized body for gambling business

      1. The authorized body for gambling business considers cases on administrative offences, provided by Article 357-2 (part one).

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body for gambling business and his deputies.

      Footnote. The Code is supplemented by Article 576-7 in accordance with the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2).

Article 576-8. The authorized body for trade regulation

      1. The authorized body for trade regulation considers the cases on administrative offences, provided by Articles 204-1, 357-2 (first part) of this Code.

      2. Cases on administrative offences and administrative penalties may be considered and imposed by the head of the authorized body for regulation of commercial activity or the person, performing his duties.

      Footnote. The Code is supplemented by Article 576-8 in accordance with the Law of the Republic of Kazakhstan dated 04.05.2009 No. 156-IV (shall be enforced from 08.11.2009).

Article 576-9. The authorized body for biofuel production

      1. The authorized body for bio-fuel production considers the cases on administrative offences, provided by article 147-10 (the first, third, eighth).

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      1) the head of the authorized body for bio-fuel production and his deputies;

      2) the heads of territorial bodies of the authorized body for bio-fuel production and his deputies.

      Footnote. The Code is supplemented by Article 576-9 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its first official publication).

Article 576-10. The authorized body for biofuels turnover

      1. The authorized body for biofuel turnover considers the cases on administrative offences, provided by article 147-10 (part nine).

      2. Cases on administrative offences and administrative penalties may be considered and imposed by:

      1) the head of the authorized body for biofuel turnover and his deputies;

      2) the heads of territorial bodies of the authorized body for biofuel turnover and his deputies.

      Footnote. The Code is supplemented by Article 576-10 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its first official publication).

Section 4. Proceedings on the Cases on Administrative Offences
Chapter 33. Basic provisions

Article 577. Objectives of proceedings on the cases of Administrative offences

      The objectives of proceedings on the cases on administrative offences are the timely, complete, full and objective clarification of the circumstances of each case, its resolution in accordance with this Code, the enforcement of the judgment, and identification of the causes and conditions that contributed to the commission of administrative offences.

Article 578. The order of proceedings in the cases on administrative offences

      1. The order of proceedings in the cases on administrative offences by the judges and bodies (the officials), authorized to consider the cases on administrative offences is defined in this Code.

      2. The order of imposing of administrative penalties by the court in a criminal or civil case is defined by the provisions of this Code and the Criminal Procedure Code of the Republic of Kazakhstan and the Civil Procedure Code of the Republic of Kazakhstan.

Article 579. Petitions

      1. The persons, involved in the proceedings on administrative offence shall have the right to submit petitions, subjected to mandatory consideration by a judge, a body (an official), that is in charge of the case.

      2. The petition is filed in a written form and is subjected to immediate consideration.

      3. The decision to grant or refuse the petition shall be delivered in the form of a resolution.

Article 580. The circumstances, precluding proceedings on administrative offence

      1. A case on administrative offence cannot be initiated, and started one should be completed in the presence of at least one of the following circumstances:

      1) absence of an administrative offence;

      2) absence of an administrative offence, including the failure of an individual at the time of the violation to reach the age, provided by this Code for imposition of administrative liability, or the insanity of an individual, who has committed an unlawful act;

      3) abolition of the law or some of its provisions, establishing administrative responsibility;

      4) if the law or some of its provisions, which establish administrative liability, or other normative legal act to be applied in the case of an administrative offence, on which the qualification of the act as an administrative offence depends, are no longer valid due to the recognition of the law and its provisions unconstitutional by the Constitutional Council of the Republic of Kazakhstan;

      5) the expiration of the limitation period for bringing to administrative responsibility;

      6) presence of the judge's and the body’s (an official) decision for the same fact in regard to the person, brought to administrative responsibility, on imposing of an administrative penalty or an unrevoked order for termination of the case on administrative offence, and the presence of the decision to initiate criminal proceedings on the same fact;

      7) death of the person against whom the proceedings are conducted;

      8) in case of technical errors in the software, verified by an authorized body for ??taxes and other obligatory payments to the budget, which led to the non-fulfillment of tax obligations by a taxpayer for the tax reporting forms, submitted in electronic format within the period, prescribed by the legislation of the Republic of Kazakhstan;

      9) in other cases, provided by the tax legislature of the Republic of Kazakhstan.

      2. A case on an administrative offence is terminated on the grounds, specified in subparagraph 2) of part 1 of this Article, and in case if the harm is lawful or the act was committed under circumstances which exclude administrative responsibility in accordance with Chapter 5 of this Code.

      Footnote. Article 580 as amended by the Laws of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009); dated 10.07.2012 No. 32-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 581. Conditions that allow not attract to administrative responsibility

      A case on an administrative offence may be terminated in the manner, provided in this Code, in the cases, provided by Articles 67, 68, and in case of submission of the material to the prosecutor, the preliminary investigation body or inquiry agency in connection with the presence of the essential element of offence in the act, provided by the criminal legislation.

Article 582. Prosecutor’s supervision

      In accordance with Article 83 of the Constitution of the Republic of Kazakhstan the highest supervision over the strict and uniform application of laws in the proceedings on administrative offences on behalf of the State is carried out by the General Prosecutor of the Republic of Kazakhstan, both directly and through subordinate prosecutors.

Article 583. Power of prosecutor to ensure the legality of proceedings on administrative offences

      1. Due to investigations of the cases of administrative offences the prosecutor may:

      1) Submit his protest against the decision in a case on an administrative offence to the court, agency or other authorized official;

      2) Give written instructions to the authorized officials and bodies (except the court) on additional expert investigation;

      3) Request investigations of state-controlled or subordinate organizations from the authorized bodies;

      4) Discontinue administrative proceedings in the cases, defined by the law;

      5) Suspend execution of the decision on the administrative penalty;

      6) Make a decision on release of a person, illegally subjected to administrative detention;

      7) Make a decision or a request on withdrawal of any prohibitive or restrictive measures, imposed by officials of the authorized state bodies in connection with the execution of their duties in case of violation of the rights and lawful interests of individuals and legal entities and the state;

      8) Make a decision on initiation of a case on an administrative offence.

      2. Prosecutor’s acts specified in subparagraphs 6) and 7) of part 1 of this Article shall be subjected to immediate execution. The officials, responsible for the delay in the execution of the prosecutor’s acts are brought to responsibility, defined by the law.

Chapter 34. The participants of the cases on administrative offences, their rights and responsibilities

Article 584. The person against whom the proceedings are conducted on an administrative offence

      1. The person against whom the proceedings are conducted on an administrative offence shall have the right to get acquainted with the minutes and other records of the case, give explanations, to make comments on the content and design of the protocol, to present evidence, petitions and objections, to use a legal counsel for defense, during the proceedings to speak his native language or the language he speaks, and use a translator if he does not speak the language in which the proceedings are conducted, to challenge the application of measures to ensure the proceedings, the protocol on administrative offence and judgment, to make extracts from it and make copies of the available documents, and to use other procedural rights under this Code.

      2. A case on administrative offence is considered with participation of a person in respect of whom the proceedings are conducted on an administrative offence. In the absence of the mentioned person, the case can be considered only in the cases when there is evidence of proper notice of the time and place of the proceedings and, if he did not submit a petition to postpone consideration of the case.

      3. When considering a case on an administrative offence, committed by a person under eighteen years of age, or the commission of which leads to an administrative penalty in the form of administrative detention, confiscation or fee exemption of a subject, that appeared to be the instrument of an administrative offence, or the confiscation of income (dividends), money and securities received as a result of an administrative offence, as well as the administrative deportation from the Republic of Kazakhstan of a foreigner or a stateless person, or deprivation of a special right (except for the right to drive vehicles), provided to the person, the presence of the person brought to administrative responsibility is obligatory.

      4. In case of failure of the persons, mentioned in the third part of this article, to appear in the court at the judge’s and the body’s (the official) call, considering the case on administrative offence and that is in charge of the administrative proceedings, the person may be subjected to detention.

      The court resolution on the detention is executed by the bailiff or the Interior authority; the decision of a body (an official), considering the case on administrative offence - by the body of internal affairs (police).

      5. A minor, in respect of whom the proceedings are conducted on an administrative offence, may be removed during the case consideration, the discussion of which could affect them.

      Note. An appropriate notice (notice) in the Code is recognized as the notice of a person by a registered letter, telegram that is to be handed over to the person or someone, living together with him, adult family members against the signature on a receipt, which is to be returned to the sender of the receipt. A notification, addressed to the legal entity, shall be handed to the head or employee of the legal entity, who signs the receipt of the notification, indicating their names, initials and position.

      Footnote. Article 584 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 585. The victim

      1. The victim is an individual or a legal entity to whom an administrative offence brought physical, material or moral harm.

      2. The victim has the right to study all records of the case and to give explanations, to present evidence, petitions and objections, to have a representative, to challenge the protocol on administrative offence and judgment in the case of administrative offence, use other procedural rights, defined by this Code.

      3. A case on administrative offence is considered with participation of the victim. In his absence, the case can be considered only in the cases when there is evidence of proper notice of the time and place of the proceedings and, if he did not submit a petition to postpone consideration of the case.

      4. The victim can be questioned as a witness in the manner provided in Article 594 of this Code. If the victim is a legal entity, his representative may be questioned as a witness.

      Footnote. Article 585 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 586. The legal representatives of the individual

      1. Protection of the rights and legitimate interests of an individual, against whom a case on an administrative offence is conducted, or the victim is a minor or under his physical or mental state is not able to use his rights independently, is performed by their legal representatives.

      2. The legal representatives of the individual are their parents, foster parents, guardians or other persons, who have a custody on him.

      3. Kinship or relevant authority of the persons who are the legitimate representatives of the individual, are certified by the documents, defined by the legislation of the Republic of Kazakhstan.

      4. The legal representative of the individual against whom the proceedings are conducted on an administrative offence shall be permitted to participate in the case since the administrative detention of the person, brought to administrative responsibility, or since making the protocol on administrative offence.

      5. The legal representatives of the individual against whom the proceedings are conducted on an administrative offence and the victim have the rights and obligations, provided by this Code in respect of the persons they represent.

      6. When considering a case on an administrative offence, committed by a person under eighteen years of age, the participation of his legal representative is mandatory. In case of failure of the legal representative of a minor to appear in the court, the legal representative may be subjected to detention, carried out by the Interior body (police).

Article 587. Representatives of a legal entity

      1. Protection of rights and legitimate interests of a legal entity, against whom a case on an administrative offence is conducted or who is a victim, is carried out by his representatives.

      2. A legal representative of a legal entity is the head of the executive body of the legal entity that acts on behalf of the legal entity. The powers of the legal representative of a legal entity are supported by the documents, certifying his official position.

      Other persons, representing the interests of the legal entity, are the representatives on behalf of the entity, the powers of whom are determined by the power of attorney, issued by the executive body of the legal entity on behalf of the legal entity and signed by the head of the executive body.

      3. Representatives of a legal entity, against whom an administrative offence is conducted, and of the victim have the rights and obligations, defined by this Code in respect of the persons they represent.

      4. A case on an administrative offence is considered together with the representative of a legal entity, against whom the case on administrative offence is conducted. In the absence of the mentioned person the case can be considered only in case when there is evidence of his proper notice of the time and place of the case consideration, if he did not submit a petition to postpone the case consideration.

      5. When considering the case on an administrative offence, the commission of which brings to an administrative penalty in the form of confiscation or the compensated taking of a subject, that appeared to be the instrument of an administrative offence, or the confiscation of income (dividends), cash and securities received as a result of an administrative offence, the presence of a representative of a legal entity, brought to administrative responsibility, is obligatory.

      6. In case of failure of the legal representative of the person to appear before the judge and the body (the official) on-call, that is in charge of the case, the person may be subjected to detention, conducted by the Interior authority (police) on the basis of a decision of the judge, the body (the official), who’s conducting the proceedings.

      Footnote. Article 587 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 588. A defense attorney

      1. A defense attorney is a person, who, in accordance with the law, protects the rights and interests of the person, brought to administrative responsibility, and provides legal assistance.

      2. Lawyers, a husband (a wife), close relatives or legal representatives of the person, brought to administrative responsibility, may be the defense attorneys. Foreign lawyers are allowed to participate in the case as an attorney, if it is provided by an international treaty of the Republic of Kazakhstan with the corresponding state on a reciprocal basis and in the manner, determined by the legislature.

      3. The lawyer is allowed to participate in administrative detention since the person was brought to administrative responsibility, or since making the protocol on administrative offence.

      4. One and the same person cannot be a lawyer of the two persons, involved in administrative proceedings, if the interests of one of them are contrary to the interests of another.

      5. A lawyer cannot reject from the protection of the person, brought to administrative responsibility.

      Footnote. Article 588 as amended by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 230-IV (shall be enforced from 01.01.2010).

Article 589. Mandatory participation of a lawyer

      1. Participation of a defense counsel in the case on administrative offence is necessary in the following cases:

      1) the person, brought to administrative responsibility, requests about it;

      2) the person brought to administrative responsibility, due to physical or mental disabilities cannot exercise his right for protection ;

      3) the person brought to administrative responsibility, does not speak the language in which the proceedings are conducted;

      4) the case file has evidence, allowing to suggest that the person brought to administrative responsibility may be assigned to compulsory medical measures;

      5) the person, brought to administrative responsibility, is a minor.

      2. If under the circumstances, specified in paragraph one of this article, the attorney is not invited by the person, brought to administrative responsibility, his legal representatives, as well as others on his behalf, the judge, the body (the official) authorized to consider the cases on administrative offences, must ensure the participation of a defense counsel at the appropriate stage of the proceedings; they make a corresponding decision on it, compulsory for professional body of lawyers.

      Footnote. Article 589 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 590. Invitation, appointment, replacement of a defense counsel, remuneration of his work

      1. A defense council is invited by the person, against whom a case on an administrative offence is conducted, his representatives, and others on behalf of or with the consent of the person against whom the proceedings are conducted on an administrative offence. The person against whom the proceedings are conducted on an administrative offence shall have the right to invite several defense councils to protect him.

      2. At the request of the person against whom the proceedings are conducted on an administrative offence, participation of a lawyer is provided by the judge, the body (the official) entitled to consider the cases on administrative offences.

      3. In the cases when the participation of the elected or appointed defense counsel is impossible within twenty-four hours, the judge, the body (the official) authorized to consider the cases on administrative offences, have the right to offer to the person, who is brought to administrative liability, to invite another defense counsel or take actions to appoint a counsel via the board of lawyers or its structural subdivisions. The judge, the body (the official), entitled to consider the cases on administrative offences have not the right to recommend to the person, who is put on the case of an administrative offence, to invite a particular person as an attorney.

      4. In case of administrative detention, if appearance of a defense counsel, chosen by the person who is on an administrative offence, is not possible within three hours, the judge, the body (the official) authorized to consider the cases on administrative offences, offer the person against whom the case on administrative offence is conducted, to invite another defense counsel, and in case of refusal they take measures to appoint a defense counsel through the bar council or its structural subdivisions.

      5. Remuneration of the attorney’s work is made in accordance with the legislature. The judge, the body (the official), entitled to consider the cases on administrative offences, under the presence of appropriate grounds, have the right to release the person, against whom the proceedings on administrative offence are conducted, fully or partially from payment of legal assistance. In this case, the payments are made ??by the state.

      6. Expenses on salaries for lawyers can be attributed to the State and in the case, defined by part two of article 589 of this Code, when a lawyer was involved in the proceedings under the appointment, without signing an agreement with a client in the proceedings.

      7. A lawyer is allowed to participate in the case on administrative offences as a defense counsel after presentation of the certificate and the order, certifying the authority to conduct a particular case. Other persons, defined in the part 2 of Article 588 of this Code, are to present the document confirming their right to participate in the case as a defense counsel (a marriage certificate and the documents, specified in the third part of Article 586 and the third part of Article 587 of this Code).

      Footnote. Article 590 as amended by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 230-IV (shall be enforced from 01.01.2010), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 591. Refusal of defense attorney

      1. The person against whom the proceedings are conducted on an administrative offence shall have the right at any time of the proceedings to refuse from the defense attorney, which means his intention to carry out his protection by himself. The refusal of defense attorney is not admitted on the grounds of lack of funds to pay for legal assistance. A refusal shall be filed in a written form.

      2. A refusal of defense attorney does not deprive the person, against whom the proceedings are conducted on an administrative offence, of the right to continue to apply for the admission of the counsel to participate in the case. The counsel’s involvement in the case does not lead to the repetition of the actions that have been committed by this time during the consideration of the case on administrative offence.

Article 592. The powers of a defense attorney

      1. A defense attorney has the right to: familiarize with the case materials, participate in the proceedings; give evidence; make petitions and objections; with the permission of the judge, body (official), entitled to consider the case, to put questions to the parties during the proceedings, to challenge the appliance of measures to ensure the proceedings and the judgment; use other rights, provided by the law.

      2. A defense attorney is not entitled to: take any actions against the interests of his client and hamper implementation of his rights; despite the position of the defendant to admit his involvement in the administrative offences and his guiltiness; to report on the defendant’s reconciliation with the victim; to revoke complaints and petitions, filed by the defendant; to disclose information, which became known to him in connection with the appeal for legal assistance and its implementation.

Article 593. Representative of a victim

      1. Representatives of the victim may be lawyers and other persons, authorized by the law to represent legitimate interests of the victim during the proceedings on an administrative offence.

      2. Representatives of the victim have the same procedural rights as well as the individuals and entities they represent within the limits, provided herein.

      3. The representative shall not have the right to perform any act contrary to the interests of the represented person.

      4. Personal involvement of the victim in the case does not deprive him of the right to have a representative on the case.

Article 594. Witness

      1. Any person, who may be aware of the circumstances that are relevant to the case, unless otherwise provided by the law, may be summoned to the court as a witness in a case on an administrative offence.

      2. A witness has the right: to refuse to testify against himself, wife (husband) or close relatives, to make statements and comments about the validity of their statements, recorded to the appropriate protocol; when considering the case to speak their native language; to have free assistance of a translator.

      3. A witness must appear when summoned by the judge, the body (the official), who is in charge of the administrative proceedings, truthfully tell all he knows of the case and to answer questions, to verify the correctness of his testimony by signing the protocol.

      4. A witness is warned about the administrative responsibility for failure or refusal to give evidence, for false testimony to the body (the official), authorized to consider the cases on administrative offences and about the criminal liability for these acts in the court.

      5. In case of failure of the witness to appear before a judge, the body (the official) on-call, who is in charge of the administrative proceedings, he may be subjected to detention by the Interior authority (police) on the basis of a resolution of the judge, the body (the official).

      6. When questioning the minor witness who is under 14, participation of a teacher or a psychologist is obligatory. If necessary, a questioning is carried out in the presence of a legal representative of such a witness.

      Footnote. Article 594 as amended by the Law of the Republic of Kazakhstan dated December 28, 2004 No. 24.

Article 595. Attesting Witness

      1. In the cases, provided by this Code, an attesting witness is an adult, who is not interested in the outcome of the case, who can fully and correctly realize the actions, happening around him.

      2. Involvement of a witness in the proceedings on an administrative offence is reflected in the records on personal search, inspection of a vehicle, the things, seizure of documents and things of an individual, inspection of territories, premises and property, owned by a legal entity, confiscation of documents and property, owned by a legal entity.

      3. The witness must appear when summoned by an official, who is in charge of the administrative proceedings, to take part in the proceedings on the case and sign a protocol on the actions, conducted with his participation, their content and results.

      4. The witness has the right to make statements and comments on the conducted actions that are to be recorded to the protocol.

      5. If necessary, the witness may be questioned as a witness in the manner, provided by Article 594 of this Code.

Article 596. A Specialist

      1. Any person disinterested in the outcome of the case, with the special knowledge and skills necessary to assist in the collection, study and evaluation of evidence, and in the application of technology, can be appointed as an expert for participation in the proceedings on an administrative offence.

      2. The specialist has the right: to know the purpose of the summon to appear in the court; to refuse to participate in the proceedings, if he does not have the special knowledge and skills; to study the case materials, related to the procedural act, committed with his participation; upon authorization of the judge, the body (official), who is in charge of the administrative proceedings, to put questions to the persons, involved in the case; in the frames of the legal proceedings to study the case materials, except for the comparative ones, with recording of its progress and results in the minute or the official document, which is a part of the proceedings; to study the protocol of the procedural action, in which he took part, and to make statements and comments, that are to be recorded in the protocol, on completeness and correctness of the recording of the process and results of the actions, carried out with his participation.

      3. The specialist must: appear when summoned by the judge, the body (the official), performing a case on an administrative offence; to participate in the proceedings, using the specific knowledge, skills, and scientific and technological devices; to give explanations about his actions; to certify by his signature the fact on performance of such acts, their content and results.

      Footnote. Article 596 as amended by the Law of the Republic of Kazakhstan dated July 4, 2006 No. 151.

Article 597. Expert

      1. Any person, not interested in the case, with special scientific knowledge can be an expert. A forensic examination can be performed by:

      1) the employees of the judicial examination bodies;

      2) the persons, involved in forensic activities under a license;

      3) other persons in compliance with the law on the one-time-only basis.

      2. The expert has the right: to study the case materials, related to the subject of examination; to make motions on submission of additional materials, required to give an opinion; to participate in the proceedings upon the permission of the body (official), who is in charge of the administrative proceedings, and to put questions to the individuals, involved in the case, on the subject of the examination; to study the minute of the legal procedure, in which he took part, and to make comments on the completeness and correctness of the recording of his actions and statements, that are to be included in the minutes; upon the agreement with the judge, the body (the official), who scheduled the forensic examination, to give his opinion, within his competence, on the circumstances, established during the forensic examination, important for the civil case, beyond the scope of the questions, listed in the resolution on scheduling of a forensic examination: to give opinions and evidence in his native language or in a language he speaks; to have free assistance of a translator; to challenge a translator; to appeal decisions and actions of the court and other persons, involved in the proceedings, that infringe his rights during the expertise; to receive reimbursement of expenses, incurred during the expertise and the remuneration for the work done, if the forensic expertise is not a part of his official duties.

      3. The expert must: to appear in the court on call of a judge, a body (an official), who is in charge of the administrative proceedings; to conduct a comprehensive, full and objective investigation of objects, presented to him; to give an informed written opinion on the questions, put to him; to refuse to give an opinion and write a motivated letter on impossibility to give an opinion and submit it to the body (the official), who scheduled the forensic examination, in the cases, defined by part 13 of Article 611 of this Code; to give testimony on the issues, related to the conducted research and the conclusion; to provide safety of the objects, that are under investigation; not to disclose information about the circumstances of the case and other information, learnt by him during the examination.

      4. For giving a false conclusion in the court, the expert is brought to criminal responsibility, provided by the law.

      5. The expert, who is an employee of a judicial examination body, is considered as familiar with his rights and obligations and warned of the criminal liability for giving knowingly false conclusion in the court.

      Footnote. Article 597 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2010 No. 241-IV.

Article 598. Translator

      1. Any adult person, disinterested in the outcome of the case, is appointed as a translator, speaking the languages (understanding deaf and dumb signs) that are necessary for translation of the proceedings on an administrative offence.

      2. A translator is appointed by the judge, the body (the official), who is in charge of the administrative proceedings.

      3. A translator has the right: to refuse to participate in the proceedings if he does not have the knowledge, required for translation; during the translation to put questions to the persons, involved in the case, to clarify the translation; to study the minute of the legal proceedings, in which he took part, and to make comments on the completeness and correctness of recording of the translation, that are to be included in the protocol.

      4. The translator must: appear when summoned by the judge, the body (the official), who is in charge of the administrative proceedings, and perform a complete and accurate translation and certify the accuracy of the translation by his signature in the corresponding minute.

      5. The translator is warned about the administrative responsibilities for performance of erroneous or false translation, when considering an administrative case by the body (the official), entitled to consider the cases on administrative offences and about the criminal liability for commission of these acts in the court.

      6. The provisions of this Article shall be applied to the person, involved in the case on administrative offence, who understands the signs of the deaf and dumb person.

Article 599. Prosecutor

      1. In order to implement his powers, defined by Article 583 of this Code, the prosecutor has the right to participate in the proceedings on an administrative offence. At that, the prosecutor presents evidence and participates in their examination; tells the court, the body (the official), considering the case, his opinion about the guilt of the person, against whom the proceedings are conducted on an administrative offence, as well as about other issues, raised during the case consideration; offers the court, the body (the official), considering the case, to apply the provisions of the law and impose an administrative penalty or exempt from it.

      2. The prosecutor shall be notified of the time and place of considering the case on an administrative offence, committed by a minor, as well as the offences, resulting in the administrative arrest. In his absence, such case may be considered only if there is evidence of timely notification of the public prosecutor of the place and time of the case consideration and if he did not submit a petition to postpone consideration of the case.

Article 600. Responsibility for non-execution of procedural duties

      1. Failure to fulfill the procedural obligations, provided by Articles 594, 596, 597, 598 of this Code, by a witness, specialist, expert and translator entails administrative liability, established in Articles 515, 516 and 517 of this Code.

      2. In case of committing the actions, defined in the part 1 of this article, when considering a case on administrative offence, a complaint or an appeal against the decision on the case, a corresponding note should be made in the records for considering the complaint or the appeal against the decision on the case.

      3. A decision on imposition of fines is delivered.

Article 601. The Circumstances, excluding the opportunity to participate in the proceedings on an administrative offence

      1. The persons, who work for government agencies, supervising and controlling observance of the rules, the violation of which was the ground for initiation of the case, or if they have previously acted as the other participants in the proceedings, they are not allowed to participate in the proceedings on an administrative offence as an advocate and a representative.

      2. An expert and a translator are not allowed to participate in the proceedings on an administrative offence if: their incompetence was revealed; they are the relatives of the person, brought to administrative responsibility, the victims, their representatives, an advocate, representative, a prosecutor, a judge, a member of the collegial body or an official, who are in charge of the present case, or if they have previously acted as other participants in the proceedings, as well as if there is a ground to believe that these people are interested in the case personally, directly or indirectly.

      3. Previous participation of the person in the case as an expert is the ground to abate him from performance of the examination in the cases when it is scheduled again after the examination, conducted with his participation.

      Footnote. Article 601 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2010 No. 241-IV; dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 602. Recusation of persons whose participation in the proceedings is not allowed

      1. If there are circumstances, defined by Article 601 of this Code, excluding the possibility of participation of a defense counsel, a representative, a prosecutor, an expert and a translator in the proceedings on an administrative offence, the mentioned persons shall be subject to recusation.

      2. An application on recusal or disqualification is submitted to the judge, the body (the official), who is in charge of the administrative proceedings.

      3. An application on recusal or disqualification is considered within three days from the date of the application’s submission.

      4. Having considered the application on recusal or disqualification, the judge, the body (the official) makes a resolution to satisfy the application or refuse to grant the application.

Article 603. Reimbursement of expenses to a victim, a witness, an expert, a specialist, a translator or an attesting witness

      1. The expenses, prescribed by the civil procedure legislation, are reimbursed to the victim, witness, expert, specialist and translator, incurred during appearance before the court, the body (the official), who is in charge of the administrative proceedings, including the travel costs of the persons from the place of residence or stay to the place of proceedings and back, and in the cases when it is due to the stay in another place - the cost of renting accommodation and per diem expenses.

      2. The person, summoned to the court as a victim, witness, expert, specialist and translator, keeps his average wage in the prescribed manner during his absence, related to the appearance before the court, the body (to the official), who is in charge for considering the case on an administrative offence.

      3. The work of an expert, specialist and translator is paid in accordance with the order, defined by the legislature.

Chapter 35. Evidence and proof

Article 604. Evidence

      1. Evidence in a case on an administrative offence is any evidence on the ground of which, established by this Code, the judge or the body (the official), who is in charge of the administrative proceedings, establishes the presence or absence of an administrative offence, the guilt of an individual, brought to the administrative responsibility, and other circumstances, important for proper resolution of the case.

      2. This data is set by: the explanations of the person, brought to administrative responsibility; testimony of the victim, witnesses; expert opinions; material evidence; testimony of the special certified measurement and control devices; other documents; the records on administrative offence and the protocols, defined by this Code.

      When considering the materials on administrative offences, the data of the special certified measurement and control devices can be used as evidence.

      3. Actual data should be declared inadmissible as evidence, if they were obtained in violation of this Code, which, through deprivation of legal rights of the parties or violation of other rules of the process, had influenced and could influence the reliability of the received actual data, including the following:

      1) use of violence, threats, fraud and other illegal activities;

      2) use of error of the person, involved in the process, about his rights and obligations, arising from non-explanation, incomplete or incorrect explanation;

      3) in connection with the legal procedure, conducted by the person who is not entitled to carry out proceedings on the case;

      4) in connection with the participation in the proceedings of the person, subjected to recusation;

      5) violation of the order of the procedural actions;

      6) from an unknown source;

      7) with appliance of the methods that are contrary to modern scientific knowledge.

      3. Inadmissibility of the use of evidence as proof is established by the judge or by the body (the official), who is in charge of the case on an administrative offence, at his own initiative or at the request of the participants.

      4. The evidence, obtained in violation of law, is deemed to have no legal effect and cannot be the ground for the case decision, and cannot be used in proving any circumstances of the case, except for the fact of the relevant violations and the guilt of those, who committed them.

      Footnote. Article 604 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2).

Article 605. Circumstances to be proven in a case on an administrative offence

      In the case on administrative offence the following is subjected to be proved:

      1) the existence of an administrative offence;

      2) the person, who has committed a wrongful act, for which this Code provides for administrative liability;

      3) the culpability of the individual in an administrative offence;

      4) the circumstances, mitigating or aggravating administrative responsibility;

      5) the nature and the size of damage caused by an administrative offence;

      6) the circumstances, providing exemption from administrative liability;

      7) the reasons and conditions that contributed to the commission of an administrative offence, and other circumstances, important for proper resolution of the case.

Article 606. Explanations of a person brought to administrative responsibility, testimony of a victim and a witness

      1. Explanations of the person against whom the proceedings are conducted, the victim and the witness’ testimony are the information, related to the case and given by these persons in oral or written forms.

      2. Explanations of the person against whom the proceedings are conducted, the testimony of the victim and the witness is recorded in the protocol on administrative offence or on appliance of the measures to ensure the proceedings, and if necessary - in the protocol of questioning and is attached to the case.

Article 607. The burden of proof and evidence

      1. Proofs are given by the court participants.

      2. Evidence may be presented by the parties and other participants of the administrative proceedings.

      3. If the evidence is insufficient, the court or the agency, considering the case may ask the participants of the process to provide additional evidence or collect them at their own initiative.

      Footnote. Article 607 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 608. Grounds for exemption from proving

      1. The circumstances, recognized by the court, the body (the official), entitled to consider an administrative offence, as well-known, do not need to be proved.

      2. The circumstances, established by a court judgment in a civil case or a decision of the judge on a case on an administrative offence, do not need to be proved when considering other administrative cases, involving the same persons.

      3. The following circumstances are considered to be established without evidence, if in the frames of the legal procedure the contrary is established:

      1) the correctness of the research methods, generally accepted in modern science, technology, arts, crafts;

      2) knowledge of the law by the person;

      3) knowledge of his or her official and professional duties;

      4) absence of special training or education of a person, who has not presented corresponding documents, proving the skills, and does not mention the school or other institution, where he passed special training or education.

Article 609. Securing of evidence

      1. The parties, who have a reason to fear that submission of evidence, necessary for them, can be impossible or difficult, can ask the judge, the body (official), considering the case on administrative offence, about the security of this evidence.

      2. Security of evidence is provided by the submission of documents, the data and conclusions, performance of an examination, on-site review and other means by the organizations, regardless of their participation in the case.

Article 610. An application for security of evidence

      1. A statement on securing of evidence shall include: the evidence that must be secured; the circumstances, the confirmation of which requires the evidence; the reasons which led the applicant to request a security as well as the case for which this evidence is required.

      2. The application is submitted to the court, the body (official), considering the case on administrative offence.

Article 611. Schedule and execution of an expertise

      1. Examination shall be scheduled by the judge, the body (official), who is in charge of the administrative proceedings, when the circumstances, important for the case, can be received in the result of the study of the case files, made by an expert, taking into account special scientific knowledge.

      2. Presence in the case of the acts of audits, checks, conclusions from departmental inspections and official documents, made upon the results of inspections, conducted by experts during the proceedings, does not exclude the examination on the same issues.

      3. The judge, the body (official), who is in charge of the administrative proceedings, is entitled to schedule an expertise at the petition of the parties or at their own initiative.

      4. The examination can be conducted by the workers of the examination body or other persons, meeting the requirements of Article 597 of this Code. The examination can be entrusted to the person, offered by the parties. Request of the judge, the official on summoning of the person, entrusted to conduct the expertise, is obligatory for the head of the organization where the person works.

      5. The judge, the body (official), who is in charge of the administrative proceedings, delivers a decision on scheduling of an examination, that contains:

      1) the name, initials of the judge, official, the name of the court, the body;

      2) the date, time and place of the examination;

      3) the reasons for scheduling of an examination;

      4) the name, first name or the patronymic of an expert or an examination body, where it must be performed;

      5) the questions put to the expert;

      6) the list of materials available to the expert.

      6. To perform complex expert examinations, a commission examination may be scheduled, which is carried out by at least two experts of one specialty.

      7. If the establishment of the facts, important for the case, requires investigations in different branches of knowledge, a complex examination is scheduled to be conducted by experts from various fields within their competence.

      8. Prior to forwarding the decision on scheduling an examination, the body (the official), who scheduled a forensic examination must submit it to the person, against whom the proceedings are conducted on an administrative offence, and to the victim, and explain them their rights:

      to challenge the expert, or make a petition for dismissal of the judicial body to perform the examination;

      apply for appointment of the persons, stated by them, as the experts or employees of specific legal expertise bodies, as well as on conduction of an examination by the commission of experts;

      apply for putting of additional questions to the expert or about clarifying of the put ones;

      under the permission of the body (the official), who scheduled a forensic examination, to be present during the examination, to give explanations to the expert, except for the cases, hampering the examination;

      get acquainted with the expert’s conclusion or with the message about impossibility to give a conclusion after its submission to the body (the official), who scheduled a forensic examination, to submit their comments and make petitions on scheduling of an additional or re-examination, and scheduling of new examinations.

      Examination of the victims is made ??only with their written consent. If they have not reached the age of majority or found incompetent by a court, the written consent for the examination is given by their legal representatives.

      9. Upon the results of the examination, the expert (s) on his behalf gives a conclusion, drawn up in accordance with the requirements of Article 612 of this Code, and forwards it to the judge, the body (official), who has scheduled the examination.

      10. The lack of clarity or completeness of the conclusions, and the need to handle additional issues, related to the previous examination, the additional examination can be scheduled and entrusted to the same or another expert (s).

      11. If the expert’s conclusion is unreasonable or his findings are questionable or the procedural rules were violated considerably in scheduling and conducting the examination, the follow-up examination can be scheduled to study the same objects and the same issues. The examination is entrusted to the commission of experts, which does not include an expert (the experts), who conducted the previous examination.

      12. A judge’s, a body’s (official) decision on scheduling of an additional examination and re-examination must be motivated. With the instruction to perform the additional and re-examination, the expert (s) should be provided with the conclusions, drawn up upon the results of the previous examinations.

      13. If the examiner before the study makes sure that the questions put to him are beyond his knowledge or the materials, submitted to him, are unsuitable or insufficient to give an opinion and cannot be filled, or the state of science and expert practice does not allow to answer these questions, he makes a motivated letter on impossibility to give an opinion and sends it to the judge, the body (the official).

      Footnote. Article 611 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506; dated 20.01.2010 No. 241-IV.

Article 612. Expert’s conclusion

      1. Expert’s conclusion is the conclusions, submitted in a written form, on the questions put to him by the judge, the body (the official), who is in charge of the administrative proceedings, based on the findings of the study of the case files, including the evidence and the samples, taken with the use of scientific knowledge. The conclusion contains the methods applied by the expert in the study, the explanation of the answers, given to the put questions and the circumstances, important for the case, established at the initiative of the expert.

      2. The conclusion is drawn by the expert on his own behalf (the experts) after inspections, taking into account its results, and is certified by his (their) signature and personal seal. In case of performing the examination by the examination body, the expert’s signature is confirmed by the seal of that body.

      3. The expert’s conclusion must contain: the date of its registration, the time and place of the examination; the grounds for a forensic examination; the data on the judge, the body (the official), who are in charge of the administrative proceedings; the information about the forensic examination body and (or ) an expert (the experts), responsible for examination (first name, middle name, education, specialty, professional experience, academic degree and academic rank, position); the note, certified by the signature of the expert about the fact that he is warned about criminal responsibility for giving a false conclusion in the court; the questions put to the expert (s); the information about the participants of the process, who were present during the examination, and the explanations; given by them; the objects; the content and the results of inspection with the methods applied; the evaluation of the results of the inspections, explanation and formation of findings to the questions, put to the expert (s).

      4. The conclusion should contain the grounds for failure to answer some or all of the put questions, if the circumstances, specified in the part 13 of article 611 of this Code, were established during the examination.

      5. The materials illustrating the expert’s conclusion (photo tables, charts, graphs, tables, and other materials), certified in the order, specified in the part 2 of this Article, shall be applied to the conclusion and are its integral part. The conclusion must also be attached with the rest of the objects, left after the examination, including the samples.

      6. The expert's conclusion is not obligatory for the court, the body (the official), who is in charge of the administrative proceedings, but their disagreement with the conclusion must be motivated.

      Footnote. Article 612 is in the wording of the Law of the Republic of Kazakhstan dated 20.01.2010 No. 241-IV.

Article 612-1. Obtaining samples

      1. The judge has the right to obtain samples, including those, showing the qualities of a man, animal, substance, object, if their investigation is important for the case.

      2. The samples are also the samples of materials, substances, raw materials, finished products.

      3. A motivated decision on receipt of samples is delivered and shall indicate the following: the person, who will receive the samples; the person (organization), which should provide the samples; what kinds of samples and in what amount are to be received; when and to whom the person should come to get these samples; when and to whom the samples must be submitted after their receipt.

      4. The samples can be received by the judge personally, and if necessary - with participation of a physician or other healthcare professional if it is not associated with the taking off of the opposite sex, from whom the samples are taken, and does not require special skills. In other cases, the samples can be taken at the request of a judge by a doctor or other medical specialist.

      5. A judge, an expert, a doctor or other specialist have the right to take the samples.

      6. In the cases, when taking of samples is a part of an expert study, it can be performed by the expert.

      7. Samples can be taken from the parties and from third parties.

      8. The judge summons the person, tells him the decision on the receipt of the samples, explains him and other persons, involved in the procedural action, their rights and responsibilities.

      9. The judge personally or with the specialist performs the necessary steps to take samples, packages them and seals.

      10. The results of the receipt of the samples are recorded in the minutes of the procedural action (the trial), including the descriptions of the actions taken to obtain samples in the order in which they were performed, the scientific-research and other methods, applied in this action, as well as the samples themselves.

      Footnote. The Chapter is supplemented by Article 612-1 in accordance with the Law of the Republic of Kazakhstan dated July 4, 2006 No. 151.

Article 612-2. Obtaining of samples by a doctor or other specialist and an expert

      1. The judge sends the person, from whom the samples should be taken, to the physician or other specialist, and the decision with the corresponding instruction. The decision should specify the rights and responsibilities of all the participants of the proceedings.

      2. A doctor or other specialist, at the instruction of the judge, performs the necessary actions and takes the samples. The samples are packed and sealed, after that, together with the official document, made by a doctor or other professional, are forwarded to the judge.

      3. During the investigation, the experimental samples can be made by the expert, and he notifies about it in the conclusion.

      4. A judge has the right to be present in making such samples, that is recorded in the minute, made by him.

      5. After the investigation, the expert attaches the samples to his conclusion in a packed and sealed form.

      6. If the samples were obtained at the instruction of the judge by a specialist or an expert, he makes an official document that is signed by all the participants of the proceedings and is forwarded to the judge to be attached to the case files.

      7. The received samples are attached to the minutes in a packed and sealed form.

      Footnote. The Chapter is supplemented by Article 612-2 in accordance with the Law of the Republic of Kazakhstan dated July 4, 2006 No. 151.

Article 612-3. Protection of individual rights in obtaining samples

      Methods and scientific-technical means for taking of the samples should be safe for human health and life. The appliance of complex medical procedures or methods, that cause severe pain, is permitted only with the written consent of the person, from whom the samples should be taken, and if he has not reached the age of majority or has a mental illness - with the consent of his legal representatives.

      Footnote. The Chapter is supplemented by Article 612-3 in accordance with the Law of the Republic of Kazakhstan dated July 4, 2006 No. 151.

Article 613. Physical evidence

      1. Material evidence in the case on administrative offence is the subjects, which were the subjects or the instrument of the offence or which kept the traces of it.

      2. Where necessary, the evidence is photographed or otherwise recorded and attached to the case. A note about it shall by written in the minutes of an administrative offence or a protocol provided herein.

      3. The judge, the body (the official), who is in charge of the administrative proceedings, shall take the necessary steps to secure the evidence for resolving the case on the merits, and to make a decision on them in the end of the case consideration.

      Footnote. The Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 614. Protocol on administrative offence

      Evidence in the case on an administrative offence is the actual data, contained in the minutes on administrative offence, recorded in accordance with the rules of the Code, proving the circumstances, accepted by the judge, the body (the official), who is in charge of the administrative proceedings.

Article 615. Documentation

      1. Documents are considered as evidence in the case, if the information, contained in them or certified by the organizations, the officials and individuals is important for the case on an administrative offence.

      2. The documents may contain the data, recorded in a written or other form. The documents are also the materials, containing computer information, photos and filming, sound and video recordings, received, demanded or presented in the order, defined by this Code.

      3. The judge, the body (the official), who is in charge of the administrative proceedings, shall take the necessary measures to ensure the safety of the documents for resolving of the case on the merits, and to deliver a decision on them in the end of the case consideration.

      4. In the cases when the documents have the qualities, defined by Article 613 of this Code, they are the physical evidence.

      Footnote. Article 615 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 616. Call for additional information

      1. The judge, the body (official), who is in charge of the administrative proceedings, may issue a regulation on call for the additional information, necessary for resolution of the case, from organizations and public associations.

      2. The judge’s, the body’s (the official’s) regulation on call for the additional information contains the essence of the case, specifies the circumstances that are to be clarified. This regulation is obligatory for the court to which it is sent, and should be executed on time.

      3. The called information must be sent within three days from the date of receipt of the call, and with a conducted offence, resulted in administrative detention - immediately.

      4. When it is not possible to provide the specified information, within three days the organizations, the public associations must inform the judge, the body (the official), that issued the regulation.

Article 617. Evaluation of evidence

      1. A judge, a member of the collegial body, an official, who is in charge of an administrative offence, estimates the evidence by their inner conviction, based on a comprehensive, full and objective consideration of the evidence in its totality, guided by the law and conscience. No evidence has pre-determined force.

      2. Any evidence is to be evaluated in terms of relevance, validity, reliability, and all the evidence together - efficiency for resolving the case.

      3. The proof is recognized to be relevant to the case if it is the actual data that confirm, negate or doubt the findings on existence of the circumstances, important for the case.

      4. Evidence shall be admissible if it is obtained in the manner, prescribed by this Code.

      5. The proof is considered to be valid if it is established that it is true.

      6. The weight of evidence is recognized as sufficient to solve the case, if all the admissible and credible evidence is collected, that conclusively establishes the truth about each and all of the circumstances that are to be proved.

Chapter 36. Taking measures to ensure proceedings on administrative offences

Article 618. Measures to ensure the proceedings on an administrative offence

      1. In order to prevent an administrative offence, establishment of identity of a suspect in a crime, a protocol on administrative offence, when its drawing is impossible at the place of an administrative offence, the timely and proper consideration of the case and execution of the taken regulations, the authorized officer within his powers, may apply the following measures to the individual to ensure the proceedings on an administrative offence:

      1) delivery to the site of the protocol drawing on administrative offence;

      2) an administrative detention of an individual;

      3) a bringing;

      3-1) preventive restriction of freedom of movement;

      4) personal examination and inspection of a vehicle, a small size ship and things;

      5) the seizure of documents and things;

      6) suspension of driving of a vehicle or a small boat and examination of his alcoholic, narcotic, toxic condition;

      7) detention, delivery and prohibition of operation of a vehicle or a small size vessel;

      8) an inspection;

      9) medical examination of an individual for a state of alcoholic, narcotic intoxication.

      2. In respect of a legal entity the following measures may be applied to ensure the proceedings on an administrative offence:

      1) inspection of premises, territories with the goods, vehicles and other property, and the related documents, owned by a legal entity;

      2) seizure of documents, belonging to a legal entity;

      3) seizure or confiscation of goods, vehicles and other property, belonging to the legal entity.

      3. An official shall be responsible for the harm caused by the illegal use of measures to ensure the proceedings on an administrative offence.

      4. Implementation of measures to ensure the proceedings on an administrative offence may be appealed in compliance with the rules of Article 633 of this Code.

      Footnote. Article 618 as amended by the Laws of the Republic of Kazakhstan dated 09.12.2004 No. 10; dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2 ).

Article 619. Delivery

      1. Delivery, or a forced bringing of an individual, a representative of a legal entity, in order to prevent an offence, establishment of identity of the offender, and drawing of a protocol on administrative offence or making of a protective receipt if it impossible to make it on the spot, if making of a protocol or a protective receipt is mandatory, is conducted if the following is made:

      1) improper use of the transport vehicles, the rules of order and safety of traffic, the rules for ensuring the security of goods in transportation, fire safety, sanitation and anti-epidemic rules on transport vehicles, - by an authorized official of the Interior body (police), if he has no identity cards, and no witnesses who can report the required data about him, and if he has not the necessary documents for the vehicle;

      1-1) the offences, defined by Articles 79-1 and 79-5, 79-6 of this Code - by the officers of the Interior body to the Interior agency (police);

      2) forest violations or violations of hunting rules, fishing regulations, and protection of fish stocks and other violations of the law on protection and use of wildlife - by the employees of state and departmental protection service for forestry and hunting, by the authorized officials of the bodies, conducting the state supervision over the observance of the rules of hunting, by the fishery bodies, the officials of other agencies, performing the state and departmental control over the protection and use of wildlife, the officials of the reserves and other protected areas, as well as by the officers of the Interior bodies (police) to the Interior services (the police) or to the local government bodies;

      3) Administrative offences, related to infringement on the protected objects, other people's property - by the paramilitary security personnel to the premises of the paramilitary security agency or in the Interior services (police);

      4) violations of the state border of the Republic of Kazakhstan, border and customs regimes, the regime in the border checkpoints across the state border of the Republic of Kazakhstan and the customs border of the Customs Union, malicious disobedience to a lawful order or a requirement of the serviceman of the Border Troops of the National Security Committee of the Republic of Kazakhstan, the other military forces, military units , a member of the Interior body (police) - by a military servant, law enforcement officer (police) or other individual, protecting the state border of the Republic of Kazakhstan, in a sub-division, a military unit, the Border Service of the National Security Committee of the Republic of Kazakhstan, the Interior authority (police), the local government body;

      5) offences in the customs area - by the customs officers, the Interior body (police) to the premises of the customs agency, a body of internal affairs (police);

      5-1) offence in business area, trade and finance, taxation, infringing on the established order of management and the government institutions, corruption offences - by the Financial Police Officers;

      5-2) the offences committed during the security actions to secure the protected persons, - by the security staff of the President of the Republic of Kazakhstan;

      6) Other administrative offences under the presence of appropriate instructions of the prosecutor or a request from the officials, authorized to draw up protocols on administrative offences - by the officers of the Interior authority to the Interior services (police) or any other state body.

      2. When committing violations on the continental shelf, in the territorial waters (sea) and the internal waters of the Republic of Kazakhstan, the infringer, the identity of whom cannot be established on the site, and the vessels and instruments of the administrative offence, used to make illegal activity on the continental shelf, in the territorial waters (sea) and the internal waters of the Republic Kazakhstan, the ownership of which cannot be established during the inspection, shall be delivered to the port of the Republic of Kazakhstan (foreign ships - to one of the ports of the Republic of Kazakhstan, opened for foreign vessels) to repress the offence, as well as to identity the offender’s personality, and ownership of the detained vessels and the instruments of the offence and to draw the protocol on administrative offence.

      3. The delivery must be performed as soon as possible.

      4. A protocol on delivery is made or an appropriate note is recorded in the protocol on administrative offence or administrative detention.

      If it is impossible to deliver the person within the time limits, defined for bringing him to administrative responsibility, a written notification, indicating the reasons of the failure to deliver the person, is forwarded to the addressing body (official).

      Footnote. Article 619 as amended by the Laws of the Republic of Kazakhstan dated 12.07.2001 No. 240; dated 09.08.2002 No. 346; dated 05.12.2003 No. 506; dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 19.12.2007 No. 11-IV (the order of enforcement see Art. 2); dated 04.12.2009 No. 215-IV (the order of enforcement see Art. 2); dated 30.06.2010 No. 297-IV (shall be enforced from 12.07. 2010); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 620. Administrative detention

      Administrative detention, that is, the temporary suspension of an individual’s freedom, in particular, the freedom of action and movement with a forced imprisonment in a special room for a certain period of time to stop his illegal actions, can be performed:

      1) by the bodies of internal affairs (police) - for commission of a disorderly behavior, battery, offences in family relations, malicious disobedience to a lawful order or demand of the bodies of internal affairs (police), the person, involved in public order provision, a military servant, performing his responsibilities for the public order protection, as well as the contempt of court, illegal operations with foreign currency and payment documents, the illegal sale of goods or other items, the illicit trade of goods, free sale of which is prohibited or restricted, trade, rent and other illegal use of objects of copyright and (or) related rights, implementation of business activity without registration or licensing, disobedience to the Interior officer (police) or other authorized official when drinking alcoholic beverages in public places or appearance in public when drunk, offending human dignity and public morals, in violation of fire safety rules and traffic rules, the hunting rules, fishing and the protection of fish stocks and other violations of the law on protection and use of flora and fauna, violation of the order of organization of meetings, rallies, marches, picketing and demonstrations, actions for establishment of associations, whose activities are banned, and active participation in them, violation of the actions, breaching the law and order in emergency conditions, violation of the rules of carrying and possession of weapons, illegal possession of uniforms and insignia, unlawful quit of a military unit, violation of the order of stay by foreigners and stateless persons in the Republic of Kazakhstan;

      2) by the commandant of the region, where a state of emergency was announced, and military patrols - for violation of the emergency state and the actions , breaching the law and order in a state of emergency;

      2-1) by the officials, involved in anti-terrorist operations within their competence - for violation of the legal regime of the antiterrorist operation, or failure to perform the requirements, set in the antiterrorist operation;

      3) by the Border Service of the National Security Committee of the Republic of Kazakhstan - for violations of the border regime of the state border, the regime in the state border checkpoints of the Republic of Kazakhstan, the smuggling through the state border of the Republic of Kazakhstan, the illegal transfer of mineral and living resources of the continental shelf, the territorial waters (sea??) and internal waters of the Republic of Kazakhstan, disobedience to a lawful order or requirement of a military man in connection with the performance of his duties for protection of the state border of the Republic of Kazakhstan;

      4) by the senior military servant in the location of the protected object, by the law enforcement bodies, special government agencies, a paramilitary security officer - for offences, related to infringement on the protected objects, other people's property;

      5) by the fishery agencies, the agencies, performing the state supervision over observance of the rules of hunting, and the forestry bodies and hunting - for violation of the rules, monitored by these bodies;

      6) by transport control bodies - for violation of the rules, monitored by these bodies;

      7) by the officials of the military auto-police - for violation of traffic rules by the drivers or other persons, driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan;

      8) the state control bodies for environmental protection and natural resources, reserves and other protected areas - for violation of the environmental legislature;

      9) the tax bodies’ officials - for tax offences;

      9-1) by the officials of the financial police - for offences in business, trade and finance areas, taxation, infringing on the established order of governance and the state power institutions, for corruption offences in accordance with the jurisdiction of the cases on administrative offences;

      10) the officials of the State Mining Authority, the Border Service of the National Security Committee of the Republic of Kazakhstan, the authorized body for Geology and Mining, the bodies for Environment and Natural Resources protection, the republican fisheries agency - for administrative offences on the continental shelf, territorial waters (sea) and inland waters, related to the violation of license terms, regulating the permitted activities on the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan, the violation of the rules of the resource or marine scientific research, violation of the rules of dumping of wastes and other materials, the failure to perform the legal requirements of the officials, protecting the continental shelf, territorial waters (sea) and inland waters of the Republic of Kazakhstan to stop the vessel or obstruction of its implementation;

      11) by the customs officials - for violation of the customs legislature;

      12) by the officials of the Security Service of the President of the Republic of Kazakhstan - is an offence is committed during the security measures, taken to provide the security of the protected persons;

      13) by the officers of justice - for non-fulfillment of the requirements to stop illegal activity in the courtroom during the hearing, as well as during the compulsory fulfillment of the court executive orders.

      Footnote. Article 620 as amended by the Laws of the Republic of Kazakhstan dated 12.07.2001 No. 240; dated 03.07.2003 No. 464; dated 05.12.2003 No. 506; dated 09.12.2004 No. 10; dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 22.06.2006 No. 147; dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 19.12.2007 No. 11-IV (the order of enforcement see Art. 2); dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2); dated 10.07.2009 No. 179-IV (the order of enforcement see Art. 2); dated 04.12.2009 No. 215-IV (the order of enforcement see Art. 2); dated 08.04.2010 No. 266-IV (the order of enforcement see Art. 2); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 621. The procedure of administrative detention

      1. A protocol on administrative detention is drawn up. The protocol shall contain the date, time and place of its drawing; position, name and initials of the person who drew the protocol; the identity of the detainee; the time, place, and the grounds for detention. The protocol shall be signed by the official, who drew it and by the detainee. In case if the detainee refuses to sign the protocol, there should be a record about it. A copy of the protocol on detention is handed the person, detained for administrative offence.

      2. At the request of the person, arrested for committing an administrative offence, his relatives, the administration of the place of his work or study, as well as his lawyer are notified of his location. Parents of a minor or the persons, substituting them, are notified of the arrest of the minor.

      Footnote. Article 621 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 622. Terms of an administrative detention

      1. Administrative detention is carried out within the time, required to achieve the goals, set in Article 618 of this Code, and may last up to three hours.

      2. A person against whom a proceeding is initiated on violation of the state border of the Republic of Kazakhstan, border and customs regime or regime of the state border checkpoints of the Republic of Kazakhstan and the customs border of the Customs Union, as well as on an administrative offence on the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan, may be detained if necessary to identify and to clarify the circumstances of the offence, up to forty-eight hours with a written notification of the prosecutor within twenty-four hours from the time of arrest. The persons, who allowed violation of the order, established by the introduction of curfews in the areas, where a state of emergency was announced, may be detained by the law-enforcement bodies (police) or military patrols until the end of the curfew, and those, who have no the identification documents - before establishment of their identity, for not more than forty-eight hours.

      3. A person, against whom a case on an administrative offence in conducted, leading to the administrative detention as one of the administrative penalties, may be subject to administrative detention before considering the case on an administrative offence, but not more than forty-eight hours.

      4. Administrative detention period is calculated from the time of delivery of an individual in accordance with Article 619 of this Code, and a person who is intoxicated, - since his detoxification (sober), confirmed by a medical specialist.

      Footnote. The Article as amended by the Laws of the Republic of Kazakhstan dated December 19, 2007 No. 11-IV (the order of enforcement see Art. 2); dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010).

Article 623. Calculation of terms

      1. The deadlines, set by this Code, shall be calculated for hours, days, months, and years.

      2. When calculating the terms, the very hour and the very day, which starts the period, are not taken into account. This rule is not applied to the calculation of the terms for detention.

      3. Off-hours are also included when calculating the terms.

      4. When calculating the terms by the days, the terms are calculated after the zero hour of the first day and will expire at twenty-four hours of the last day of the term.

      5. When calculating the terms by months or years, the term expires on the corresponding day of the last month, but if this month has not a corresponding day, the term ends on the last day of the month. If the end of the term is not a working day (weekend, holiday), the last day of the period shall be the first day, following the working day, except for calculation of the term for administrative detention and administrative arrest.

Article 624. Location and order of detention of persons, subjected to administrative detention

      1. The persons, subjected to administrative detention, are kept in specially designated premises, meeting sanitary requirements and eliminating the opportunity for an unauthorized abandonment.

      2. Conditions of detention of the persons, subjected to an administrative detention, food standards and order of medical care for such persons are determined by the executive bodies.

      3. Juveniles, subjected to an administrative detention are kept separately from adults.

Article 625. Bringing to the court

      1. In the cases, provided in Article 618 of this Code, the bringing to the court of an individual or representative of a legal entity , against whom an administrative case in conducted, the legal representative of a minor person, brought to administrative responsibility, is performed.

      2. The bringing to court is performed by internal affairs bodies and financial police on the basis of a judge’s, a body’s (official) decision, considering the case on administrative offence in the order, prescribed by the Ministry of Internal Affairs of the Republic of Kazakhstan and the Agency of the Republic of Kazakhstan on Fighting Economic and Corruption Crimes (Financial Police) in the cases on administrative offences, considered by the financial police.

      Footnote. Article 625 as amended by the Laws of the Republic of Kazakhstan dated 09.12.2004 No. 10; dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 625-1. Preventive limitation of freedom of movement

      1. Preventive limitation of freedom of movement is a measure of an individual prevention in relation to a person who has no a certain place of residence and (or) identity documents, in the absence of administrative offences and crimes in his actions, and the inability to identify his personality in other ways.

      2. Preventive limitation of freedom of movement is used by the internal affairs bodies upon the approval of the court and consists of a temporary confinement of the person in a special institution of the interior bodies for up to thirty days.

      3. The order and conditions for use of a preventive limitation of freedom of movement, as well as the grounds for release from the institutions of the internal affairs’ bodies, are defined by the legislature of the Republic of Kazakhstan.

      Footnote. Chapter 36 is supplemented by Article 625-1 in accordance with the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2).

Article 626. Personal search and search of the things of an individual

      1. Personal search, search of things of an individual, is conducted if necessary to detect the instruments or objects of an administrative offence.

      2. Personal inspection is performed by the officials, listed in Article 620 of this Code.

      3. Personal search can be performed with a person of the same sex and inspected in the presence of two witnesses of the same sex.

      4. Personal things (hand luggage, luggage, hunting and fishing things, harvested products, and other items) that are with an individual, that is, an examination, conducted without disturbing their structural integrity, is performed ??by the authorized officials, listed in Article 620 of this Code in the presence of the person, owing these things, and with the participation of two witnesses.

      5. In exceptional cases, when there are grounds to believe that the individual has an instrument or other things, that could be used to harm the lives and health of others, the personal search of things can be made without witnesses with notification of the prosecutor of it within twenty-four hours.

      6. If necessary a photo, film, video film recording is made and other established methods of fixation of evidence are applied.

      7. A protocol on a personal search, the search of the things of an individual is drawn up. A copy of the protocol on the personal search is handed to the person, against whom the case is conducted and to his legal representative. The protocol shall include the date and place of its drawing, position, name and initials of the person, who drew it, the data of the person, subjected to a personal search, the, quantity, and other identification characteristics of the things, including the, brand, model, caliber, series, number, signs of weapons, the amount and of ammunition, special technical devices for special search operations and cryptographic means for information protection.

      8. The minutes of the search shall contains the note about the appliance of a photo-, filming, and video recording, and other methods of fixation of documents. The materials, obtained during the search with photo-, filming, and video recording, and other established means for fixation of evidence shall be attached to the protocol.

      9. A protocol on personal search, search of the things shall be signed by the official, who drew it, by the person, subjected to the search, by the owner of the things, subjected to inspection, and by the witnesses. In case if the person, subjected to a personal search, the owner of the things, subjected to inspection, rejects to sign the protocol, there should be a corresponding note about it.

      Footnote. The Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 627. Inspection of vehicles, small size vessels

      1. Inspection of vehicles, small size vessels is made ??in order to detect the instruments or objects of an administrative offence.

      2. Inspection of vehicles, small size vessels, that is an inspection, carried out without affecting the structural integrity, is made by the authorized officials, listed in Article 620 of this Code, with participation of two witnesses.

      In exceptional cases (in remote areas, in the absence of adequate communication means, or when due to other objective reasons, there is no opportunity to attract individuals as witnesses) the inspection of vehicles, small size vessels, that is the inspection, carried out without affecting the structural integrity, can be conducted without witnesses, but with the use of technical devices to fix and record its progress and results.

      3. Inspection of vehicles, small size vessels is performed in the presence of the owner of the things, or his representative or the person, operating the vehicle, small size vessel legally. In emergency cases, they may be subject to examination in the absence of the mentioned persons.

      4. If necessary, in order to record the things, identified during the inspection of vehicles and small size vessels, ??the photo, filming, and video recording are made.

      5. A protocol on inspection of vehicles, small size vessels is drawn up. A copy of this protocol is given to the owner of the vehicle, small size vessels, subjected to examination, or his representative or the person, who drives the vehicle, small boat legally.

      6. The minutes on inspection of vehicles, small size vessels shall contain the date and place of its drawing, position, name and initials of the person, who drew it, information about the owner of the vehicle, small size vessel, subjected to inspection, information about the, brand, model, state registration number, other identification characteristics of the vehicle, small size vessels.

      7. The minutes on the inspection shall have a note about use of photography and filming, video-recording, other established methods for fixing the documents. The materials, obtained during the inspection with the use of photography and filming, video recording, other established means of evidence fixation shall be attached to the protocol.

      8. A protocol on inspection of vehicles, small size vessels shall be signed by the official, who drew it, by the person against whom the proceedings are conducted, the owner of the vehicle, small size vessel, subjected to inspection, or his representative. If a person against whom the proceedings are conducted, the owner of the vehicle, small size vessel, subjected to inspection, his representative, rejects to sign the protocol, there should be a corresponding note in it.

      Footnote. Article 627 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506; dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 627-1. Inspection

      In order to detect the signs of an administrative offence, other material objects and circumstances, important for drawing a protocol on administrative offence, the authorized officer, within its may inspect the terrain, objects, documents, and live persons.

      Footnote. Supplemented by Article 627-1 in accordance with the Law of the Republic of Kazakhstan dated December 9, 2004 No. 10.

Article 627-2. General rules for an examination

      1. An inspection, as a rule, is performed immediately when needed. During the inspection the minutes are drawn up. The protocol shall include the date and place of its drawing, the position, the name and initials of the person, who drew it, the data about the inspected person, the, quantity, and other identification characteristics of the things, including the, model, caliber, series, number, signs of weapons, the number and of ammunition, special technical devices for special search operations and cryptographic means for information protection

      A protocol on inspection shall be signed by the person, who drew it, by the inspected person, the owner of the inspected things and the witnesses. In case if the inspected person, the owner of the inspected things, rejects to sign the protocol, there should be a corresponding note about it in the protocol.

      2. Inspection of living persons is conducted by the officers, listed in Article 620 of this Code. The inspection of living persons is carried out by the person of the same sex with the inspected one, and in the presence of two witnesses of the same sex.

      Inspection of belongings of the living person, that is the inspection, performed without violation of their structural integrity, is carried out ??by the authorized officials, listed in Article 620 of this Code, in the presence of the owner of these things and with participation of two witnesses.

      In exceptional cases, when there are grounds to believe that a living person has weapons or other things, that could be used to harm the lives and health of others, the personal search of the things can be performed without witnesses with notification of the prosecutor within twenty-four hours.

      3. Inspection of areas, objects, documents, except for those, mentioned in the part 2 of this article, is performed with the presence of witnesses. In exceptional cases (in remote areas, in the absence of adequate communication means, or due to other objective reasons it is impossible to attract individuals as witnesses), the inspection can be conducted without the presence of witnesses, but with the use of technical devices for recording its progress and results.

      4. If necessary, the inspection is conducted with participation of the offender, the victim, the witnesses, and the expert.

      5. Examination of the revealed traces and other material objects is conducted on the site of an administrative offence. If extra time is required for the inspection or the on-site inspection is difficult, the objects can be removed and packaged, and in a sealed form, with no damages, delivered to any other place, convenient for inspection.

      6. All the things, discovered and seized during the inspection, must be shown to the witnesses and other participants of the inspection, and a corresponding note should be made in the protocol.

      7. The objects that may be relevant to the case are subjected to withdrawal. The withdrawn objects are packed, sealed and certified by the signatures of the authorized official and the witnesses.

      8. The persons, involved in the inspection, have the right to draw the authorized officer’s attention to anything that, in their opinion, would help to clarify the circumstances of the case.

      9. If necessary, during the inspection, the measurements are made, the plans and schemes of the inspected objects are drawn, and photographs are taken, and a note about it is recorded in the protocol, which shall be attached with these materials.

      10. A copy of the protocol is given to the person against whom the proceedings are conducted, or his representative.

      Footnote. Article 627-2 is in the wording of the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 628. Withdrawal of things and documents of an individual

      1. Withdrawal of documents and things which are the subject or the instrument of offences, discovered at the scene of a crime or during the proceedings on an administrative offence, defined by Article 618 of this Code, shall be performed by the persons, authorized to implement the appropriate measures to ensure the proceedings, with participation of two witnesses.

      In exceptional cases (in remote areas, in the absence of adequate communication means, or due to other objective reasons it is impossible to involve individuals as witnesses), the withdrawal of documents and things that are the instruments of offences, detected on the site of the offence or during the proceedings on the administrative offence, defined by Article 618 of this Code, may be carried out without the presence of witnesses, but with the use of technical devices for recording of its progress and results.

      2. A protocol on withdrawal of things and documents is drawn up, a copy of which is given to the person, against whom the case is conducted, or his representative, or an appropriate note is made in the protocol on administrative offence.

      3. The minutes on withdrawal of documents and things (the protocol on administrative offence) contains the data on the and details of the withdrawn documents,, quantity, and other identification features of the withdrawn things, including the, model, caliber, series, number, other identification signs of weapons withdrawn, the number and of ammunition, special means for special search operations and cryptographic means for data protection.

      4. The protocol shall be signed by the person, who drew it, by the person, whose documents and things are withdrawn and by the witnesses. In case if the person, whose documents and things were withdrawn, rejects to sign the protocol, a corresponding note should be made in the protocol.

      5. Before considering the case on administrative offence, the withdrawn things and documents are stored in the places, determined by the official, who performed the withdrawal, in the order, defined by the appropriate state body.

      6. The confiscated firearms and other weapons, and ammunition, special technical devices for special search operations and cryptographic means for data protection are stored in the order, determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.

      7. After consideration of the case in accordance with the judgment, the withdrawn documents and things are returned to their owner or confiscated or sold, or stored, or destroyed in the prescribed manner. The withdrawn documents on administrative offences in traffic area are kept before execution of the judgment.

      7-1. The withdrawn driving license or a certificate, issued instead of a driving license for a decision about the testing the knowledge of traffic rules, is returned to the driver in case if the owner passed the test to check his knowledge of traffic regulations.

      If a driver does not pass the exam on knowledge of traffic rules within two months from the date of receipt of the official’s decision to pass the exam, the official, who issued the decision, takes measures, provided by the legislation of the Republic of Kazakhstan on road traffic safety.

      Instead of the withdrawn driving license, the driver receives a temporary certificate in the form, defined by the authorized body.

      8. The withdrawn award, medal, badge to the honorary title of the Republic of Kazakhstan, Kazakh SSR, Soviet Union and other countries are to be returned to their rightful owner, and if he is unknown, they are sent to the Presidential Administration of the Republic of Kazakhstan.

      Footnote. Article 628 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506; dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008); dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 629. Suspension from driving of a vehicle, a small size vessel and examination for intoxication

      1. A driver, a navigator, driving a vehicle, a small size boat, for whom there are reasonable grounds to believe that he is in a state of intoxication, shall be suspended from driving a vehicle, a small size boat and tested for intoxication.

      2. Suspension from driving of a vehicle, a small size boat, non-medical examination and sending to the medical examination for intoxication is conducted by traffic policemen and military police car respectively - for committing offences by a person, driving a vehicle of the Armed Forces of the Republic of Kazakhstan, and of the transport control bodies.

      Along with the traffic policemen, the neighborhood police inspectors have the right to suspend a driver from driving a vehicle, in respect of whom there are reasonable grounds to believe that he is drunk, and other law enforcement officers, who, in this case, must record the fact of violations in a written form and take actions to deliver the driver and the vehicle to the nearest internal affairs body.

      3. Sending for examination of intoxication, the examination of intoxication and registration of the results, are conducted in the order, defined by the Government of the Republic of Kazakhstan. In case if the driver, the ship driver does not agree with the results of the examination, he is sent to a medical examination to a hospital.

      4. The protocol on administrative offence shall have the note on suspension from driving a vehicle, a small size vessel for examination for intoxication.

      5. The protocol on administrative offence shall specify the date, time, location, and the grounds for suspension of driving for the intoxication examination. A copy of the protocol is given to the person, against whom the case is conducted, or his legal representative.

      6. (The part is excluded - dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

      7. An act of examination for intoxication is attached to the corresponding protocol.

      Footnote. Article 629 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 630. Detention, delivery and prohibition of the operation of a vehicle, a small size vessel

      1. When committing the offences, defined in the articles:

      283 - 285, 287, 289, 297, 298, 298-1, 302 - 306, 447, 447-1, 447-2, 447-3, 447-4, 451, 453, 457, 460, 461 (part two, 3 and 3-1), 463 (parts two and three), 463-4 (part 3, 4), 467, 470 (the first, second, fourth, fifth parts), 471 (second part), 514 (in the part of offences, specified by Articles 461 - 471), 524 (in the part of offences, specified by Articles 461 - 471) of this Code, the authorized officer, defined in the part 2 of this Article, shall have the right to detain, deliver, and prohibit the use of vehicles, small boats through their delivery for temporary storage in the special areas or parking lots, including with the use of another vehicle (tow truck), a small size vessel until elimination of the reasons for detention;

      461 (parts 1, 4-8), 463-4 (parts one and two), 468, 469 of this Code, the authorized officer, defined in the second part of this article, shall have the right to prohibit the operation of vehicles by withdrawal of the state registration numberplates before elimination of the reasons for prohibition of the vehicle’s use.

      Delivery (evacuation) of the vehicle for the temporary storage in the special areas or parking lots can also be applied in the cases of violation by drivers of the rules of stopping or parking of vehicles during their absence, as well as to the vehicles, abandoned by drivers on the road unattended, when it is impossible to establish their location.

      2. Detention, delivery and prohibition of the operation of the vehicle, a small size vessel, are performed ??by traffic policemen, military police car when committing an administrative offence by a person, driving a vehicle of the Armed Forces of the Republic of Kazakhstan, the transport control bodies within their powers, the forestry, hunting entities, and the protected natural areas, fisheries (when violating the legislation on forestry, fishing, hunting, and the protected areas).

      3. An act of the established form on detention, delivery and prohibition of the use of the vehicle, and the small size vessel is drawn and attached to the protocol on administrative offence.

      The use of the vehicle, small size vessel with defects, with which the use is prohibited, or re-equipped without a corresponding permission, or not registered in the prescribed manner, or without the state or compulsory technical inspection, as well as without state registration number plates or with the hidden, forged or inconsistent with the national standards the number plates, is prohibited.

      4. Storage of the detained vehicle, a small-sized vessel is conducted at the special sites or parking lots, created by the decision of the local executive bodies and which are the municipal property.

      Footnote. Article 630 is in the wording of the Law of the Republic of Kazakhstan dated 09.12.2004 No. 10; as amended by the Laws of the Republic of Kazakhstan dated 21.10.2005 No. 80, dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2), dated 24.01.2011 No. 399-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 631. Inspection of territories, facilities, goods or other property, belonging to a legal entity, as well as the relevant documents

      1. Inspection of territories, facilities, goods or other property, belonging to a legal entity, as well as the relevant documents is conducted by the officials, authorized to draw up protocols on administrative offences of the legal entities in accordance with Article 636 of this Code.

      2. Examination is performed in the presence of a representative of a legal entity with participation of two witnesses.

      3. A protocol on inspection shall be drawn up. A copy of the protocol is given to the representative of a legal entity in respect of which the proceedings are conducted.

      4. The minutes of inspection of territories, facilities, goods or other property, belonging to a legal entity, as well as the relevant documents, the date and place of its drawing, position, name and initials of the person, who drew it, the data on the corresponding legal entity, as well as the identity of its representative or a worker, the information about the examined territories, and facilities, thes, amounts and other identification features of the goods and other things, thes and properties of documents are indicated.

      5. The minutes on inspection shall have a note on appliance of photography and filming, video-recording and other established methods of fixing the documents. The materials obtained through photo, film, video recording and other established means of fixation of evidence, shall be attached to the protocol.

      6. A protocol on inspection of territories, facilities, goods or other property, belonging to a legal entity, as well as the relevant documents shall be signed by the official, who drew it, a representative or, in the emergency cases, by an employee of a legal entity, as well as by a witness. In case if a representative or employee of a specified legal entity rejects to sign the protocol, a corresponding note should be made in it.

      Footnote. Article 631 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 632. Withdrawal of documents and property, belonging to the legal entity

      Withdrawal of documents, goods or other property, things, which were the subject or the instrument of an administrative offence belonging to a legal entity, found on the site of an administrative offence or during the inspection of the territories, facilities, vehicles, goods or other property, belonging to a legal entity, shall be performed be the persons, defined by Article 620 of this Code, as well as the authorized officials, entitled to draw up the protocols on administrative offences, specified by articles 177-3, 177-4, 177-5, 317-1 of this Code. Withdrawal of documents, goods or other property, belonging to the legal entity, as well as their storage are conducted in accordance with Article 628 of this Code.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008); dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2).

Article 632-1. Seizure of goods, vehicles and other property, belonging to a legal entity

      1. Seizure of goods, vehicles and other property, belonging to a legal entity, which were the tools or objects of an administrative offence, is a list of the goods, vehicles and other assets with the announcement of a representative of a legal entity in respect of which the measure is applied to ensure the proceedings an administrative offence, of the prohibition to dispose them (and, if necessary, to use), and tis applies in case if these goods, vehicles and other assets cannot be withdrawn, and (or) their safety can be achieved without the seizure. The goods, vehicles and other assets that are seized, can be transferred for storage to other persons, appointed by the official, who imposed the arrest.

      2. Seizure of the goods, vehicles and other property, belonging to the entity, is conducted by the authorized officials, defined in Article 620, part 1 of Article 636 of this Code, in the presence of the owner of the goods, vehicles and other property, and two witnesses.

      In urgency cases, the seizure of goods, vehicles and other property can be carried out in the absence of the owner.

      3. If necessary, photo, film, video recording is applied.

      4. A protocol on seizure of goods, vehicles and other property, owned by the legal entity shall be drawn up. The protocol on seizure of goods, vehicles and other property, belonging to the entity, the date and place of its drawing, position, name and initials of the person, who drew it, the information on the legal entity for which the measure is applied to ensure the proceedings an administrative offence, and the owner of the goods, vehicles and other property seized, their inventory and identification signs, and a note on appliance of photography, filming, and video recording are made. The materials, received during the seizure with appliance of photography, filming, and video recording, are attached to the prtocol.

      5. If necessary, the goods, vehicles and other seized property are packaged and (or) sealed.

      6. A copy of the protocol on seizure of goods, vehicles and other property, belonging to the entity, is given to the representative of a legal entity in respect of which the measure is applied to ensure the proceedings on an administrative offence.

      7. Alienation or concealment of goods, vehicles and other seized property, belonging to the entity, by the legal entity , against whom the measure is applied to ensure the proceedings on an administrative offence, or by a person, storaging the seized property, shall bring to responsibility, established by the Laws of the Republic of Kazakhstan.

      Footnote. Supplemented by Article 632-1 in accordance with the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506; Article as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 633. Appeal to the measures to ensure a case on administrative offence

      1. A person in respect of whom the measured were applied to ensure the proceedings on an administrative offence, may, within ten days from the date of appliance of these measures to make a complaint to a higher authority (higher official) or to the court.

      2. At the request of an individual or a representative of a legal entity, he immediately receives a copy of the relevant protocols and other materials necessary for protection of the rights and legitimate interests of the person in respect of whom the measures have been applied to ensure the proceedings.

      3. A complaint is made in a written form and must be considered within five days.

      4. Upon the results of the complaint’s consideration, the decision is made to satisfy or to refuse it.

      5. The appeal against the appliance of the measures to ensure the proceedings on an administrative offence to a higher authority (higher official) is not an obstacle to the re-appeal of these measures in the court.

      6. A copy of the decision is immediately given to an individual or a representative of a legal entity, and in case of the absence of these persons, it will be sent to them within a day from the date of the decision making.

      7. The damage, caused by unlawful actions of officials, shall be compensated in accordance with the rules, established by the legislature.

      Footnote. Article 633 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 37. Initiation of cases on administrative offences

Article 634. Reasons and grounds for initiation of an administrative case

      1. The grounds for initiating an administrative case are:

      1) direct detection by an authorized official of the fact of an administrative offence taking into account the provisions of part 2-1 of this Article;

      2) the materials, received from the law enforcement agencies, and other state bodies, local self-government bodies;

      3) the letters or statements of individuals and legal entities, as well as the announcements in the media;

      4) the readings of the certified special measurement and control technical devices.

      2. The grounds for initiating an administrative case are the presence of sufficient data, showing the signs of an administrative offence.

      2-1. The ground for initiation of an administrative offence in compliance with the sub-paragraph 1) of part 1 of this Article with respect to the subject of private enterprise is the result of inspection, conducted in accordance with the Law of the Republic of Kazakhstan "On the State Control and Supervision in the Republic of Kazakhstan."

      The part is not applied in case of reveal of administrative offence in controlling and supervising the areas, specified in paragraphs 3 and 4 of Article 3 and paragraph 3 of Article 12 of the Law of the Republic of Kazakhstan "On the State Control and Supervision in the Republic of Kazakhstan", as well as in the area of the state statistics and during implementation of other forms of control by the tax bodies.

      3. A case on an administrative offence is considered to be initiated from the time of drawing a protocol on an administrative offence, or making a decision by the prosecutor on the administrative offence, and from the moment of announcing the fact by the judge (court) on the contempt of court by the person, participating in the court proceedings.

      Footnote. Article 634 as amended by the Laws of the Republic of Kazakhstan dated June 29, 2007 No. 270 (shall be enforced upon expiry of 10 days after the date of its publication); dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008); dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 635. A Protocol on administrative offence

      Note of the RCLI!
      Up to 01.01.2013 on the text of Article 635, the words "identification number" are considered as the words "taxpayer identification number" in accordance with the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. A protocol on administrative offence is drawn by an authorized officer, except for the cases, provided in Article 639 of this Code.

      2. A protocol on administrative offence shall have the address (the place) of its drawing, the position, name and initials of the person, who drew it; the data on the person, against whom the case is initiated (for individuals - first name, middle name (upon availability), the date of birth, place of residence, name and details of the identification document, identification number, information on the registration of residence, place of work, for legal entities - the name, location, number and date of state registration (re-registration) of a legal entity, identification number and bank details); the place, and the time of committing the administrative offence; the article of a special part of section 2 of this Code, which provides administrative liability for the offence; names, surnames, middle names (if available), addresses of witnesses and victims, if any; explanation of an individual or representative of a legal entity , against whom a case is initiated; the name, number, the date of metrological verification, readings of a technical device, if it was used for recording and fixing of the administrative offence; other information necessary for the case’s resolving, as well as the documents, proving the fact of committing an administrative offence.

      3. When drawing up a protocol on an administrative offence, rights and obligations, provided by this Code are explained to an individual or a representative of a legal entity in respect of whom a case is initiated, as well as to the other participants of the case; a note of it is made in the protocol.

      4. A protocol on administrative offence is signed by the person, by the person (representative of the person), who committed the administrative offence, except for the cases, provided in this article. In the presence of the victims and witnesses, as well as in the cases of participation of witnesses, the protocol is signed by these persons too.

      5. In case of absence or failure to appear of the duly notified person who committed an administrative offence, the protocol on administrative offence is signed by the person, who drew it, with a note of the absence of the person, who committed an administrative offence.

      6. In case of refusal to accept a protocol on administrative offence by the person, against whom the administrative proceedings are conducted, a corresponding note should be made in the protocol by the person, who drew it.

      7. An individual or representative of a legal entity , against whom a case is initiated, must be given the opportunity to review the protocol on administrative offence. The said persons may submit explanations and comments on the content of the protocol, as well as to state the reasons for its refusal to sign, which is attached to this protocol. In case of failure of these parties to sign the protocol on administrative offence, there should be a corresponding note in the protocol.

      8. A copy of a protocol on administrative offence is given on receipt to an individual or representative of a legal entity , against whom a case is initiated, and a victim, immediately after its drawing, except for the cases, provided in this part.

      A protocol on administrative offence in the cases of its drawing in the absence of the person, against whom a case in initiated on the grounds, specified in subparagraph 4) of part 1 of Article 634 of this Code, and also provided by parts 5 and 6 of this article, is sent as a registered letter with a notification of the person, against whom the case is initiated.

      Note. When drawing up the protocol in relation to the person, who has committed an administrative offence in the traffic safety area, the identification number is specified in case of it exists.

      Footnote. Article 635 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 636. The officials who have the right to draw up protocols on administrative offences

      1. The protocols on administrative offences, considered by the courts, can be drawn up by:

      1) the authorized officials:

      of the enforcement bodies (Articles 79-1, 79-3, 79-4, 79-5, 79-6, 83-1, 85-3, 86, 86-1, 87-3, 87-4, 87-5 , 96, 111 - 117, 135-1, 136, 136-1, 136-2, 141-1, 143, 143-1, 147-1 (part 2), 159, 162, 163 (part 3 and 4) , 163-2, 163-3, 163-4, 165, 203, 234-1, 283 (parts 1 and 3), 298 (part 2 and 2-1), 298-1 (part 2), 306-2 , 314, 317-1 (for violation of safety requirements for civil and service weapons and ammunition, chemical products, related to drugs turnover, psychotropic substances and precursors, civil pyrotechnic substances and products with their application), 318 - 321, 324 1, 324-2, 330, 330-1 (part 2), 331, 332, 334 (the third part), 335, 336, 336-1 (part 3), 336-2 (part 3), 336-3 (part 2), 336-4 (part 2), 338 (Part 1), 338-1 (the first, second, tenth and eleventh parts), 339, 340, 341 (part 2), 344, 354-1, 355 -357, 357-1, 357-7 (second part), 362, 362-1, 363, 365, 366, 368, 368-1, 369 (second part), 370 (second part), 371 (part 2) , 372, 373, 374 (Part One - Four), 374-1, 380 (part two), 380-2, 388, 390 (part two), 391-1 (parts two and three), 394 (part two, 3 and 4), 394-1, 396 (part four), 446 (second part), 461 (Part 3-1), 463 (parts second, third), 463-3 (part five), 464-1 (part first and second), 465 (second part), 466 (second part), 467, 468 (parts one and two), 468-1, 468-2, 469, 471 (parts 1-2 and the second), 473 (part 3), 474, 474-1, 475, 477 (part 3), 484, 500 (second part), 501, 514 (in the terms of offences, defined by Articles 461 - 471), 518, 521, 524 (in terms of offences, provided by Articles 461 - 471), 531);

      of an authorized body for industrial safety (Articles 225-1 (for violations in the protected areas of gas supply systems), 226 (part 3 - 5), 228, 229, 314, 317-1 (for violations of safety requirements for machinery and equipment, chemicals in terms of fire and explosion hazards), 356);

      of the commandants of separate areas (articles 362, 363);

      of the bodies of the Ministry of Defense of the Republic of Kazakhstan: military police car (for offences committed by military personnel and military servicemen called up for trainings, (Articles 388, 461 (part 3-1), 462 (part 2, 3), 464 (second part), 465, 466, 467 (part 1 - 3, 5), 468 (second part), 469, 471, 477 (part three), as well as for all violations of traffic rules, committed by the persons (except for soldiers and conscripts, called up for trainings), driving a vehicle of the Armed Forces of the Republic of Kazakhstan;

      of the Military Traffic Police of the National Security Committee of the Republic of Kazakhstan (for the offences, defined by Articles 461 (part 3-1), 463-3 (part five), 464-1 (parts one and two), 465 (second part), 466 (part two), 467, 468-2, 469, 477 (part 3) of this Code, committed by the persons, driving vehicles of special government agencies);

      of the bodies of the military police (Articles 389-1, 512-1 - 512-5);

      of the authorized body for use and protection of water resources (Article 124 (first part), 278 (first part), 356);

      of the authorized body for veterinary medicine (Article 317-1 (for violations of safety requirements for food products, subjected to veterinary control);

      of the bodies for forestry, fishing and hunting (Article 147-1 (second part), 283 (part 1, 3), 298 (part two, 2-1 and 3), 298-1 (second part), 304 (part 2), 305 (second part), 306 (part 2), 306-2, 356, 357-1;

      of the authorized body for environmental protection (Articles 240-2 and 246 (second part), 283 (part one) (when these violations are committed in areas, outside the forest reserve), 304 (part 2), 305 (part 2), 306 (part 2), 306-1 (part 3), 306-3 (parts 2 and 3), 317-1 (for violations of safety requirements for chemical products), 356;

      of the state control bodies for study and use of mineral resources (articles 124 (when these violations are not the violations of sanitary rules and regulations, and the requirements for the air protection), 317-1, 356);

      of the healthcare bodies (Article 87-2, 317-1 (for violations of safety requirements for toys, chemicals), 322 (parts 3 and 4), 324, 326-328;

      of the authorized body for culture (Article 81, 82, 130);

      of the authorized body for tourism activities (Article 158-3, 356, 357-3);

      of the authorized body for gambling business (Articles 168-3, 338 (part one), 338-1);

      of the bodies for plant protection (Articles 308, 317-1 (for violations of safety requirements for chemical products);

      of the bodies for seed production and grain market regulation (Article 309-2 (part 4), 356 (part 3);

      of the authorized body for production of biofuels (Article 147-10 (part 2, 6, 7, 13 (in terms of the biofuel production);

      of the authorized body for bio-fuel turnover (Article 147-10 (part 4, 5, 10, 11, 12, 13 (related to bio-fuel turnover), 14);

      of the authorized body for livestock breeding (Article 310-1 (parts 1-1 and 2), 357-1);

      of the authorized body for agriculture (Article 317-1 (for violations of safety requirements for machinery and equipment, chemical products);

      of the state architectural-construction control and supervision (Article 231 (part 2), 232, 233, 235 (part two), 235-1 (part four), 237, 278 (part one), 357-1);

      of the state anti-fire service (Article 231 (part 2), 233, 312-1, 356);

      of sanitary and epidemiological supervision bodies (Article 85 (part 4 and 5), 140 (part 2), 161 (part 4 and 5), 163, 222 (first part), 231 (part 2, 233, 278 (part one), 304 (part two), 315, 317-1 (for violations of safety requirements for food, toys, chemicals, 323 (part 2), 324, 326-328, 356, 362, 494 (part two);

      of the authorized body for information and communication (Article 317-1 (for violations of safety requirements for communications), 356, 357-1, 357-2 (part 2), 492 (second part), 494 (second part), 494 - 1 (part 3 and 5), 496 (part two);

      of the authorized body for civil aviation (Articles 356, 443 (part five) and 446-1);

      of the authorized body for transport and communications (Article 317-1 (for violations of safety requirements for machinery and equipment, chemical products), 356, 357-1, 442, 445);

      of transport control bodies (Articles 356, 357-1, 357-2 (part two), 453 (part 2), 454 (parts 1-3), 471 (part 1-1), 484);

      of the bodies of the Ministry of Finance of the Republic of Kazakhstan (Article 158 (when these violations are committed by auditors, audit companies), 168-3, 168-5, 168-8, 175 (part 2) (when these violations are committed by audit companies), 176 (part 3) , 177, 177-1, 177-2, 177-3, 177-4, 177-5, 179 (parts one and two), 179-1, 183, 184, 184-1 (except for the parts 3 and 5) , 185);

      of the central authorized body for internal control (Article 356);

      of the authorized body for control and supervision of financial market and financial organizations (Article 158, 167-1 (parts two and three), 168-3, 184, 184-1 (part 3 and 7), 190, 192, 200, 202, 356);

      of the bodies for state control over production and turnover of excisable products (articles 163 (part 3, 4, 6, 7 and 9), 163-4 (part 3 and 4), 213 (part 4 - 6), 214, 218-1 (part 7), 357-1, 357-2);

      of the financial police (Article 140 (part 2), 143, 143-1, 143-2, 144-1, 145, 146-1, 151, 151-1, 154, 154-1, 155, 155-2, 156 , 157, 159 (part 3 and 4), 158-4, 162, 163 (part 3 and 4), 176 (first part), 179 (parts one and two), 179-1, 200, 203, 211, 213 (part 5 and 6), 214, 217, 218-1 (part 7), 275-1, 306-2, 355, 357-1, 357-2 (part 2), 357-3, 357-5, 514 -519, 521, 522, 529, 532-535, 537-1);

      of the tax bodies (Articles 154, 155, 156, 157, 163 (part 3, 4, 6, 7 and 9), 163-4 (part 3 and 4), 168-1, 208-1, 209, 213 (part 4 - 6), 214, 218-1 (part 7), 357-1, 357-2, 357-5, 359, 361, 374 (part 5, 6, 7, 8, 9), 532-535);

      of the customs bodies (Article 140 (part 2), 218-1 (Part Seven), 400-1, 400-2, 405 (first part), 409, 410, 413, 413-1, 413-2, 414, 415, 417, 417-1, 418, 421, 423, 424, 425-1, 426 - 430, 433), and on the administrative offences, committed in automobile checkpoints across the state border of the Republic of Kazakhstan, provided by Articles 323 (part two) 357-1, 461 (part 3-1) of this Code;

      of the judiciary bodies (Articles 129, 145, 168-3, 175 (part two) (when these violations are committed by private notaries), 353, 354, 354-2, 354-3, 356, 357-4, 357-5, 357 - 6, 376);

      of the bodies, that are the licensors in accordance with the legislature (Article 140 (second part), 192, 231 (second part), 232, 233, 235 (second part), 237, 302 (part three), 342 (part two), 342 - 1 (paragraphs fourth, fifth, sixth of the part 5), 343 (first part), 356, 356-1, 357-1, 357-2 (Part Two), 357-3, 357-5, 477 (part three);

      of the authorized body for a state monopoly (Article 147-12 (part 1 and 3 (for excess of the maximum price of retail sales of oil products), 147-1);

      Note of the RCLI!
      There are amendments to paragraph by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      Of the authorized body, administering the natural monopolies and the regulated markets (Article 147-6 (Part 2-1), 356);

      of the authorized agency for entrepreneurship (Article 153, 356, 357-3);

      of the bodies for technical regulation and traceability and their local bodies (Article 161 (part four), 317 (parts two and three), 317-1, 317-2, 317-4 (parts two and three), 338-1 (part third, ninth, tenth and twelfth), 356, 357-1, 496 (second part), 501);

      Note of the RCLI!
      There is the wording of paragraph by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (shall be enforced from 01.01.2016).

      of the bodies for state power supervision and control (Article 219-8 (parts two and three), 223-225, 225-1 (for violations in the protected areas of electric and heating networks), 356, 357-1);

      of the authorized body for industrial policy regulation (Article 317-1 (for violations of safety requirements for machinery and equipment, chemical products, toys);

      of the authorized body for trade (Article 158 (when these violations are committed by stockbrokers and (or) exchange dealers, as well as the employees of commodity exchanges), 168-3);

      of the authorized state body for state registration of legal entities, civil status acts, regulatory assessment activities, registration and documentation of the citizens of the Republic of Kazakhstan (Articles 157-1 and 158 (in terms of violation of the legislation of the Republic of Kazakhstan on assessment activities), 356, 357-1, 357 4, 376);

      of the authorized body for oil and gas area (Articles 147-11, 147-12 (parts two and three (in excess of maximal price for wholesale distribution of commercial or liquefied petroleum gas);

      of the atomic energy bodies (Articles 222, 315, 316, 317-1 (for violation of safety requirements for machinery and equipment);

      of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan (Article 298 (parts two and three), 298-1 (second part), 303 (second part), 304 (second part), 305 (second part), 306 (second part), 355, 388, 390 (second part), 391 (part two), 391-1 (parts two and three), 393, 394 (part second, third and fourth);

      of the bodies for state secrets’ protection (Article 344 (part 3) (for offences, related to the state secrets), 386 (part three);

      of the Republican Guard (Article 388), the National Security Committee (Article 362-1, 388);

      of the Security Service of the President of the Republic of Kazakhstan during the security actions (Articles 135-1, 136, 160, 220, 312, 323 (second part), 330, 331, 332, 333, 336, 355, 356-2, 362-1, 368, 369 (second part), 370, 371 (second part), 373, 388, 463 (Part 1-1), 465, 472, 473, 529);

      of the Accounts Committee for control over execution of the republican budget and audit committees of oblasts, towns of republican status, the capital (Articles 168-5, 168-8, 176 (part three), 177-3, 177-4, 177-5, 184-1 (part five), 309-5 (first part), 356);

      of the bodies for state labor inspection (Article 87-2, 317-1 (for violations of safety requirements for chemical products), 356;

      of the authorized body for education (Article 87-2, 311-1 (part 7), 356, 357-1;

      of the local executive bodies of oblasts, cities of republican status, the capital (Article 127 (part two), 163-6, 165, 237-1, 309-1 (part seventh, eighth), 309-4 (parts eighth, ninth), 309 - 5 (part two), 342, 342-1 (part one, third, paragraphs second, third of the fifth part), 343, 357-1, 357-2 (part two), 346-352);

      of the authorized body for execution of enforcement documents (Article 175 (part two) (when these violations are committed by private bailiffs);

      of the state regulation bodies for bankruptcy (Article 155-1 (Part Four), 356);

      of the control bodies for provision of health services (Article 85 (fourth and fifth parts), 85-1 (second part), 85-2 (second part), 322 (part five)

      of the antimonopoly authority (Article 147);

      of the authorized state body for religious activity (Articles 374-1, 375);

      of the authorized body for space activities (Articles 230-1, 230-2);

      of the local executive bodies of oblasts, cities of republican status, the capital, districts, cities of regional importance (Article 163-6, 165, 226 (part one and two), 349);

      of the correctional institutions or detention centers (Article 367);

      2) the judicial enforcement agents, bailiffs and other court personnel, authorized by the chairman of the court or the presiding officer in the court (Articles 513-531);

      3) the authorized employees of the National Bank of the Republic of Kazakhstan (Articles 158, 168-3, 179 (parts one and two), 179-1, 183, 187, 188 (second part), 356, 357-1, 357-5);

      4) the officials, authorized by governors of oblasts (city of republican status, the capital) (article 514-2).

      2. For administrative cases, the consideration of which is within the jurisdiction of the bodies, defined by Articles 543 - 576-10 of this Code, the minutes on the offences have the right to be authorized by officials may be drawn by the officials of these bodies. In addition, the protocols on administrative offences shall by drawn by:

      the officials of the authorized body for transport and communications (part 2 of Article 175 (when these violations are committed by carriers of passengers), the second part of Article 451, Article 452, part two and three of Article 453, Article 454, the third part of Article 455, Article 457, Part four of Article 477, article 478, 479, part three and four of Article 480, article 481 (for offences committed in auto and electric vehicles);

      the officials of the specialized organizations of the authorized bodies for forestry, fishing and hunting (Articles 121, 125, 126, 250, 252, 282-298-1, 299, 302 (parts two and three), 304 (parts one and two); 305 (part one and two), 306 (parts one and two);

      the huntsman, director of game and fish farms, who are in charge of wildlife protection (Articles 298, 298-1 (parts one and two).

      Footnote. Article 636 as amended by the Laws of the Republic of Kazakhstan dated July 12, 2001 No. 240, dated March 28, 2003 No. 398, dated June 3, 2003 No. 428, dated July 3, 2003 No. 464, dated July 10, 2003 No. 483 (shall be enforced from January 1, 2004), dated December 5, 2003 No. 506, dated May 6, 2004 No. 551, dated July 6, 2004 No. 572, dated December 9, 2004 No. 10, dated April 13, 2005 No. 40 (shall be enforced from January 1, 2005), dated July 8, 2005 No. 67 (the order of enforcement see Art. 2); dated July 8, 2005 No. 72 (the order of enforcement see Art. 2); dated October 21, 2005 No. 80, dated November 22, 2005 No. 90 (the order of enforcement see Art. 2 of the Law), dated January 10, 2006 No. 116 (the order of enforcement see Art. 2 of the Law No. 116); dated January 16, 2006 No. 122 (shall be enforced from January 1, 2007), dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006), dated May 5, 2006 No. 139 (the order of enforcement see Art. 2 of the Law No. 139); dated June 22, 2006 No. 147, dated July 5, 2006 No. 165 (the order of enforcement see Art. 2), dated July 7, 2006 No. 174, dated July 7, 2006 No. 171 (the order of enforcement see Art. 2); dated July 7, 2006 No. 181 (shall be enforced from January 1, 2007), dated December 11, 2006 No. 201 (shall be enforced from January 1, 2007), dated 09.01.2007 No. 213 (the order of enforcement see Art. 2); dated January 12, 2007 No. 220 (the order of enforcement see Art. 2); dated January 12, 2007 No. 222 (shall be enforced upon expiry of 6 months after the date of its official publication), dated 12.01.2007 No. 224 (shall be enforced from 01.01.2012), dated February 19, 2007 No. 230 (the order of enforcement see Art. 2), dated February 28, 2007 No. 235 (the order of enforcement see Art. 2); dated July 6, 2007 No. 276, dated July 21, 2007 No. 299; dated July 21, 2007 No. 304 (shall be enforced from January 1, 2008); dated July 21, 2007 No. 307 (the order of enforcement see Art. 2 of the Law), dated July 26, 2007 No. 311 (shall be enforced upon expiry of 10 calendar days after the official publication), dated July 27, 2007 No. 320 (shall be enforced from August 9, 2007), dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008); dated December 19, 2007 No. 11-IV (the order of enforcement see Art. 2), dated 26.05.2008 No. 34-IV (the order of enforcement see Art. 2), dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2), dated 05.07.2008 No. 59-IV (the order of enforcement see Art. 2), dated 05.07.2008 No. 60-IV (the order of enforcement see Art. 2), dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3), dated 04.12.2008 No. 97-IV (the order of enforcement see Art. 2); dated 25.12.2008 No. 113-IV (shall be enforced from 01.01.2009), dated 29.12.2008 No. 115-IV (shall be enforced from 01.01.2009); dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009); dated 20.02.2009 No. 138-IV (the order of enforcement see Art. 2); dated 04.05.2009 No. 156-IV (shall be enforced from 08.11.2009), dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2), dated 04.07.2009 No. 166-IV; dated 10.07.2009 No. 176-IV (the order of enforcement see Art. 2), dated 10.07.2009 No. 177 (the order of enforcement see Art. 2); dated 10.07.2009 No. 178-IV; dated 11.07.2009 No. 184 (the order of enforcement see Art. 2); dated 16.07.2009 No. 186-IV; dated 17.07.2009 No. 188-IV (the order of enforcement see Art. 2); dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010), dated 09.11.2009 No. 197-IV (the order of enforcement see Art. 3), dated 04.12.2009 No. 215-IV (the order of enforcement see Art. 2); dated 07.12.2009 No. 221-IV (the order of enforcement see Art. 2); dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2); dated 08.12.2009 No. 225-IV (the order of enforcement see Art. 2); dated 06.01.2010 No. 238-IV (the order of enforcement see Art. 2), dated 21.01.2010 No. 242 -IV (the order of enforcement see Art. 2); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010); dated 08.04.2010 No. 266-IV (the order of enforcement see Art. 2), dated 29.04.2010 No. 272-IV (the order of enforcement see Art. 2); dated 28.06.2010 No. 295-IV (shall be enforced upon expiry of six months after its first official publication), dated 30.06.2010 No. 297-IV (shall be enforced from 12.07.2010), dated 15.07.2010 No. 340-IV (the order of enforcement see Art. 2); dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 15.11.2010 No. 352-IV (shall be enforced upon expiry of ten calendar days from the date of its first official publication), dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 11.01.2011 No. 385-IV (shall be enforced upon expiry of ten calendar days after its first official publication ), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 26.01.2011 No. 400-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 28.01.2011 No. 402-IV (shall be enforced from 05.08.2011), dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011), dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of thirty calendar days after its first official publication), dated 21.07.2011 No. 465-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of 21 calendar days after its first official publication), dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of 10 calendar days after its first official publication), dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 12.01.2012 No. 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.01.2012 No. 542-IV (shall be enforced from 26.07.2012); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty days after its first official publication), dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 15.02.2012 No. 556-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 16.02.2012 No. 557-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 04.07.2012 No. 25-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07.2012 No. 33-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 26.11.2012 No. 57-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 637. Initiation of administrative cases by the prosecutor

      1. The prosecutor makes a decision to initiate administrative cases, provided by Articles 80-87, 89-110-1, 151, 158-5, 334-1, 342-344, 346-352, 353, 356-1, 356-2, 357-3, 366, 375, 381-1, 513, 516-1, 521-1, 531, 537 of this Code.

      2. The prosecutor is entitled to make a decision on initiation of a case about another administrative offence.

      3. The prosecutor’s decision to initiate an administrative case shall contain the information, specified in Article 635 of this Code.

      Footnote. Article 637 as amended by the Laws of the Republic of Kazakhstan dated 09.08.2002 No. 346; dated 13.03.2003 No. 394; dated 05.12.2003 No. 506; dated 09.07.2004 No. 583; dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 21.07.2007 No. 308; dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 638. Terms of drawing up a protocol on an administrative offence

      1. A protocol on administrative offence is drawn up immediately after reveal of the administrative offence during monopolistic activity - after the making of the corresponding decision upon the results of an investigation or inspection, and for administrative offences in the ??taxation area or use of budget funds, as well as in technical regulation area and traceability - after completion of corresponding inspection.

      2. In the cases when additional clarification of circumstances of an administrative offence, the identity of an individual or the data on a legal entity, and the identity of a representative of a legal entity in respect of whom the proceedings are initiated, the protocol on administrative offence is drawn up within three working days from the date of establishment of these data, and for the administrative offences, defined by Articles 168, 168-6, 168-7, 169, 172-2 (parts one and two), 179 (part third and fourth), 180, 182, 187 and 188 of this Code, as well as the transfer of materials of administrative offences to the territorial branches within ten working days from the date of reveal of the offence or the person, who committed it.

      3. In the cases, when the expertise is required, the protocol on administrative offence is drawn within a day from the time of receipt of the examination report.

      3-1. In the cases when for an administrative offence, defined by Articles 240 (first part), 250 (first part), 261, 265, 304 (part two), establishment of the amount of damage done to the environment is required, the protocol on administrative offence is drawn ??within a day after the establishment of the amount of damage caused to the environment.

      4. In the cases when the requirements, specified in the part 2 of this article cannot be executed due to failure to identify an individual, a protocol on administrative offence shall be drawn up on the fact of an administrative offence in the terms, established by this Article.

      5. In the cases when for the materials on administrative offences, the data of the certified special test and measurement devices is used, the protocol on administrative offence can be drawn in the absence of the offender.

      Footnote. Article 638 as amended by the Laws of the Republic of Kazakhstan dated July 12, 2001 No. 240; dated December 9, 2004 No. 10; dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006); dated July 7, 2006 No. 174; dated 09.01.2007 No. 213 (the order of enforcement see Art. 2); dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 639. The Cases when a Protocol on Administrative offence is not Drawn

      1. When an administrative offence, leading to imposition of an administrative penalty in the form of a warning or a fine, if it does not exceed the five monthly calculation indices, and the person (an individual, a body or a person, managing a legal entity) admitted the fact on committing the offence and in the cases, provided by parts 1-1, and two of this article, the protocol on administrative offence is not drawn. A penalty in the form of a warning is issued by the authorized officer at the scene of an administrative offence, except for the offence in finance and trade areas. When imposing the penalties in the form of a fine, the issuance of receipts of the established form, that is a document of strict financial importance, is performed by the authorized officer at the scene of an administrative offence.

      The person, who committed an administrative offence, confirms his agreement with the imposed penalties by the signature on the second copy of the warning or a payment document.

      1-1. A protocol on administrative offence is not drawn when committing an administrative offence in traffic safety area, except for the cases, provided in the third part of Article 539, the third part of Article 639 of this Code.

      A penalty in the form of a fine is imposed and can be charged by the authorized officer in accordance with Article 710 of this Code.

      If an administrative offence is fixed by the certified special instrumentation system and devices, operating in automatic mode, the fine shall be imposed in the form of orders on the need to pay a fine with the attachment of the readings of the special technical device, and the owner (owner) of a vehicle is duly notified of it.

      2. When filing an application by individuals on restoration of violated rights, the cases on administrative offences, provided by Articles 80-113 of this Code, shall be considered by the court without drawing a protocol on offence. The protocol is not drawn in the cases if a case on an administrative offence is initiated by the prosecutor and during the establishment by a judge (a court) of the fact of contempt in the cases, provided part 3 of Article 541 of this Code.

      3. If a person litigates the penalty, imposed on him in the order, prescribed by the parts 1 and 1-1 of this article, or is unable to pay the fine at the scene of an administrative offence, a protocol on administrative offence is drawn up in accordance with Article 635 of this Code, with taking the measures on the cases on administrative offences, provided by Article 618 of this Code.

      Footnote. Article 639 as amended by the Laws of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from January 1, 2006); dated 29.06.2007 No. 270 (shall be enforced upon expiry of 10 days after the date of its publication); dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 640. Forwarding of a protocol (the prosecutor’s decision) to consider the case

      1. Within three days from the moment of drawing, the protocol (the prosecutor’s decision) on an administrative offence is forwarded for consideration to the judge, the body (official), who is authorized to consider the case on administrative offence.

      2. The protocol (the prosecutor’s decision) on the administrative offence, the responsibility for which may lead to administrative detention, is sent to the judge immediately after its drawing.

      3. In the cases when the protocol is drawn by the unauthorized person, in inappropriate drawing of the protocol design and other materials of the case, and in other cases, provided by subparagraph 4) of Article 646 of this Code, the defects of the protocol and other materials are removed within not more than three days from the date of their receipt from the judge, the body (the official), considering the case on administrative offence. The corrected protocol and other materials of the case with the amendments are re-sent to the judge, the body (the official), considering the administrative proceedings, within a day from the date of elimination of defects.

      Footnote. Article 640 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Article 641. Termination of a case on an administrative offence for its submission for consideration

      If there is at least one of the circumstances, provided by Articles 580, 581 of this Code, the official, who is in charge of the case, delivers a decision to terminate the case on administrative offence.

Chapter 38. Consideration of administrative cases

Article 642. The place of considering a case on administrative offence

      1. A case on an administrative offence is considered at the place of its commission, and in the cases, provided by this Code at the location of the official (an authorized state agency), the jurisdiction of which will cover the administrative offence.

      2. The cases on administrative offences, provided for in Articles 246, 247, 447, 447-1, 447-3, 461-487 of this Code, may be considered at the place of registration of vehicles, vessels, including those of small size, or at the place of residence of the person, against whom the case on administrative offence is conducted.

      3. The cases of administrative offences provided for in Articles 295, 296, 298, 298-1, 335 and 336 of this Code shall be considered at the place of their commission or residence of the person against whom the proceedings are conducted on an administrative offence.

      4. The cases on administrative offences of minors, their parents or guardians, are considered at the place of residence of the person, against whom the proceedings are conducted on an administrative offence.

      Footnote. Article 642 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after the first official publication).

Article 643. Preparations for considering the case on administrative offence

      1. A judge, a member of the collegial body, an officer, during preparation for consideration of the case on administrative offence establishes the following questions:

      1) whether consideration of the case is in his jurisdiction;

      2) whether there are circumstances, that exclude the possibility of considering this case by the judge, the member of the collegial body, the official;

      3) whether a protocol on administrative offence and other protocols, provided herein, as well as other materials are drawn correctly;

      4) whether there are circumstances which exclude the proceedings, as well as circumstances, allowing not to bring a person to administrative responsibility;

      5) whether there are the petitions and objections;

      6) whether the persons, defined by Articles 584-588 of this Code are notified of the place and time of the case consideration.

      2. Requirements of subparagraphs 1), 3) and 6) of part 1 of this Article for the cases on contempt of court, considered in compliance with the part 3 of Article 541 of this Code, shall not be applied.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated June 29, 2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication).

Article 644. The circumstances, excluding the possibility of considering an administrative case by a judge, a member of the collegial body, an officer

      A judge, a member of the collegial body, an officer, considering the administrative proceedings, cannot consider the case in case if that person:

      1) is a relative of the person, brought toresponsibility, or of a victim, their representatives, a defense counsel;

      2) is interested in resolving the case directly or indirectly.

      Footnote. Article 644 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 645. Recusal and disqualification of a judge, a member of the collegial body, or an official

      1. In the presence of the circumstances, provided by Article 644 of this Code, a judge, a member of the collegial body, an official must declare the refusal.

      2. In the presence of the circumstances, provided by Article 644 of this Code, the person, against whom the case is conducted, the victim, the legal representatives of the individual and a representative of a legal entity, a defense counsel, a prosecutor have the right to challenge the judge, the member of the collegial body, the official.

      3. An application on recusal is filed to the chairman of a corresponding court, head of a collegial body, the higher official.

      4. An application on recusal is considered by the chairman of the court, a collegial body, a higher official within a day from the date of its receipt.

      5. Upon the results of considering the application for recusal, a decision is made to grant or refuse the application in its satisfaction.

      Footnote. Article 645 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 646. The judge’s, the body’s (the official’s) decision, taken in preparation for considering an administrative case

      1. The judge, the body (official), when preparing for consideration of an administrative case shall make the following decisions:

      1) to schedule the time and place of the hearing;

      2) to summon the people, to reclaim the necessary additional materials of the case. If necessary, the judge may also schedule an examination;

      3) to postpone consideration of the case;

      4) to return a protocol on administrative offence, and other case files to the body (the official), who drew up the protocol, in the case of drawing the protocols and other case materials by the unauthorized persons, incorrect drawing of the minutes and diminution of the presented materials, that cannot be fulfilled during the case consideration;

      5) about submission of the protocol on administrative offence and other materials for considering upon the jurisdiction thereof, if consideration of the case is not related to its competence or a decision to challenge a judge or an official is made;

      6) about submission of the case for consideration on its merits in accordance with Article 642 of this Code;

      7) on termination of the case in the presence of the circumstances, specified in Articles 580-581 of this Code.

      2. The decisions, provided by subparagraphs 1) - 6) of part 1 of this Article, shall be made in the form of a resolution.

      3. The solution, provided by subparagraph 7) of part 1 of this Article, shall be in the form of a resolution.

      3-1. The judge, the bodies (the officials) entitled to consider the cases on administrative offences, having found that there are two or more cases opened against one and the same person, have the right to bring these cases into one case to be considered jointly.

      4. When preparing for the re-consideration of the case on administrative offence in connection with failure to appear without reasonable excuse of the person, brought to responsibility, his representative, a witness in the cases, defined by part 4 of Article 584, part six of Article 586 and part 5 of Article 594 of this Code, a judge, a body (an official), considering the case, may issue an order on delivery of the specified persons.

      Footnote. Article as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 314 (shall be enforced from January 1, 2008), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 647. Deadlines for considering the cases on administrative offences

      1. The cases on administrative offences are considered within fifteen days from the day of receipt of the protocol on administrative offence and other materials of the case by the judge, the body (the official), entitled to consider the case.

      1-1. The case on contempt of court by a person, involved the process, established during the trial, is considered by the judge (the court) in the same meeting of the first, appellate or supervisory court.

      2. In case of a request from the participants of the proceedings on an administrative offence or if an additional clarification of circumstances of the case is required, the judge, the body (the official), considering the case, may prolong the terms, but not more than one month, and for the cases on fulfillment of tax obligations, for a period of time, specified for appeal.

      3. A case on an administrative offence, the commission of which leads to administrative arrest, administrative deportation from the Republic of Kazakhstan, is considered on the day of receipt of the protocol on administrative offence and other case files, and in relation to the person, subjected to administrative detention - no later than forty-eight hours from the time of his arrest.

      Footnote. Article 647 as amended by the Laws of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated December 13, 2004 No. 11 (shall be enforced from January 1, 2005); by the Law of the Republic of Kazakhstan dated June 29, 2007 No. 270 (shall be enforced upon expiry of 10 calendar days from the date of its official publication).

Article 648. The order of considering the cases on administrative offences

      1. The judge, presiding in the meeting of the collegial body, or an official, when starting considering the administrative case:

      1) declares those, who consider the case, what case is to be examined, who and on the basis of which articles of this Code is brought to responsibility;

      2) makes sure of the appearance to the court of an individual or a representative of a legal entity, brought to administrative responsibility, and other persons, involved in the case;

      3) establishes the identity of the participants of the case and verifies the powers of the legal representatives of an individual or a business representative, a lawyer;

      4) investigates the reasons of failure to appear of the participants of the case and makes a decision on considering the case in the absence of the specified persons or postponing of the case consideration;

      5) If necessary, issues a ruling on delivery of the persons, participation of whom is a mandatory part of the proceedings, and appoints a translator;

      6) explains the persons, involved in the proceedings, their rights and responsibilities;

      7) resolves the alleged recusals and petitions;

      8) reads out the protocol on administrative offence, and if necessary - the other materials of the case;

      9) makes a decision to postpone consideration of the case in connection with: an application on self-recusal, or disqualification of a judge or an officer, as well as the member of the collegial body, in case if his recusal will hamper considering the case on the merits; the recusal of a defense counsel, an authorized representative, an expert or an interpreter; with the necessity of appearance in to court of the persons, participating in the proceedings, or the demand of additional case files, and in the cases, specified in part two of Article 56 of this Code. If necessary, the judge (the official) makes a decision on scheduling of examination;

      10) makes a decision to transfer the case for its considering in the court in the cases provided by Article 646 of this Code.

      1-1. The presiding officer, having established the facts of contempt of court, committed by the person during the proceedings, shall be entitled to announce the fact without compliance the requirements of subparagraphs 2), 4), 8) and 10) of part 1 of this Article to make a decision on imposition on the offender of an administrative penalty, provided by Article 513 of this Code.

      The fact on contempt of court by the person, directly involved in the proceedings, should be recorded in the protocol on the court session.

      2. The judge, presiding in the meeting of the collegial body, or an official, having started considering the administrative case, listens to the explanations of the individual or representative of a legal entity , who is involved in the case, the testimony of others, involved in the proceedings, the experts’ explanations, researches of other evidence in the case of the prosecutor's participation in the case shall listen to his conclusion.

      3. In the necessary cases the other proceedings are made, provided by this Code.

      Footnote. Article 648 as amended by the Laws of the Republic of Kazakhstan dated 02.03.2006 No. 131, dated 29.06.2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 649. The circumstances that are to be clarified in a case on an administrative offence

      A judge, a body (an official) when considering a case on an administrative offence must find out whether the violation was committed, whether the person is guilty in a crime, whether it is subject to administrative liability, whether there are circumstances mitigating or aggravating the responsibility, whether the damage is caused to property, and find out other circumstances, important for proper resolving of the case.

Article 650. Thes of decisions upon the results of considering the case on the administrative offence

      1. Having considered the administrative proceedings, the judge, the body (the official) shall make one of the following decisions:

      1) on imposing of an administrative penalty;

      2) on termination of the proceedings;

      3) on transfer of the case to the judge, the body (the official) competent to impose a penalty of another and size for this administrative offence , as well as the transfer of the case to the place of registration of a vehicle (a ship, including a small size vessel), in the cases, provided by Article 642 of this Code;

      4) is excluded by the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

      1-1. When sending of a driver of a vehicle for an exam to test his knowledge of traffic rules, a decision to send the driver to the test is made, and its copy is issued to the person, sent to the test.

      2. The order on termination of proceedings shall be made in the following cases:

      1) the presence of circumstances , excluding the proceedings in compliance with Article 580 of this Code;

      2) the presence of circumstances, allowing not to bring to administrative responsibility, defined by Article 581 of this Code;

      3) the transference of the case files to the appropriate bodies to resolve the issue on bringing to disciplinary responsibility in accordance with Article 35 of this Code.

      Footnote. Article 650 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2008 No. 55-IV (the order of enforcement see Art. 2); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 651. Judgment on the case on an administrative offence

      1. The judgment in the case of administrative offence shall contain:

      1) position, name, initials of the judge, official, the name and composition of the collegial body, that rendered ??the decision;

      2) the date and place of the case consideration;

      Note of the RCLI!
      There is an amendement to subparagraph 3) by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 538-IV (shall be enforced from 01.01.2013).

      3) the information on the person in respect of whom the case is considered: for individuals - the surname, first name, date of birth, place of residence, the name and details of the identity document, tax identification number, information on the registration of residence, place of work; for legal entities - the name, legal form, location, number and date of state registration as a legal entity, tax identification number and bank details;

      3-1) the language of proceedings;

      4) the Article of this Code, providing liability for an administrative offence;

      5) the circumstances, set out in the proceedings;

      6) a decision on the case;

      7) the procedure and terms of appeal of the decision;

      8) the deadline for voluntary payment of the fine.

      2. The judgment on the case on administrative offence must be motivated.

      If during resolving the question on imposition of penalties for administrative offences, the judge, at the same time, is solving the issue on compensation for damage caused to property, the decision indicates the amount of damage, which is to be recovered, the deadline and the order of payment.

      When making a decision on administrative deportation from the Republic of Kazakhstan, the reasonable deadline within which a foreigner or a stateless person must leave the territory of the Republic of Kazakhstan is indicated.

      3. The judgment on an administrative offence, should resolve the issues on the seized documents and things that were with the person, on the seized documents and property, belonging to a legal entity, provided that:

      1) The things, which were the tools or objects of an administrative offence and owned by an individual or a legal entity, brought to administrative liability in the cases, defined by the provisions of the special part of Section 2 of this Code, shall be confiscated or transferred to the appropriate institutions or destroyed; in other cases - returned to their owners;

      2) the things that are forbidden for treatment, are submitted to the appropriate agency or destroyed;

      3) the things of no value, and those, that cannot be used, must be destroyed, and in case of a petition of the interested parties, the things can be given to them;

      4) the documents, which are the physical evidence, remain in the case for the duration of its storage or sent to the interested parties.

      4. A resolution of the collegial body is adopted by a simple majority vote of the members of the collegial body, attending the meeting. In case of equality of votes the chairman’s vote shall be decisive.

      5. The judgment on the case on an administrative offence shall be signed by the judge presiding in the session of the collegial body, the official, who issued the ruling.

      Footnote. Article 651 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); dated 22.06.2006 No. 147, dated 12.01.2007 No. 224 (shall be enforced from 01.01.2012), dated 27.07.2007 No. 314 (shall be enforced from 01.01.2008); dated 21.07.2011 No. 467-IV (shall be enforced from 01.07.2011); dated 12.01.2012 No. 538-IV (shall be enforced from 01.01.2012).

Article 652. Announcement of a judgment for the case on an administrative offence and handing a copy of resolution

      1. Judgment on the case on administrative offence is declared immediately after the termination of the proceedings.

      2. An individual or a representative of a legal entity in respect of whom the judgment is delivered in the case on an administrative offence, and the victim, the legal representative of the individual, the authorized body (the official), who initiated the administrative proceedings, a copy of the decision is given, and (or) is sent within three working days from the day of its announcement. In case of delivering a decision on an administrative arrest, a copy of the decision is immediately sent to the prosecutor.

      3. In the cases on administrative offences, provided by Articles 332 and 369 of this Code, the person to whom a firearm and ammunition are entrusted to perform official duties or are given to temporary use to the organization, a copy of the decision is sent to the corresponding organization.

      Footnote. Article 652 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 653. A decision on a case on an administrative offence

      The decision on the case on administrative offence shall contain the information, defined by part 1 of Article 651 of this Code, except for the period and the order of appeal.

Article 654. A presentation on ??elimination of reasons and conditions, that resulted in an administrative offence

      1. When establishing the reasons and conditions that led to administrative offences, the judge delivers a particular resolution, and the body (official) submits presentation on the measures taken for their elimination to the appropriate organization and the officials.

      2. The heads of organizations and other officials must consider the particular resolution and the representation within one month from the date of its receipt and report on the measures taken to the judge, the body (official), who made a presentation.

      Footnote. Article 654 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506.

Chapter 39. Reconsideration of regulations on administrative offences that did not come into force

Article 655. The right for appeal, cassation against the decision on an administrative offence

      1. Judgment on the case on administrative offence may be appealed by the persons, defined in Articles 584-588 of this Code, as well as be challenged by the prosecutor.

      2. Resolution of the judge and the specialized district and equivalent to it administrative court and the juvenile court on imposition of an administrative penalty may be appealed, and protested to a higher court.

      2-1. The judgment on the case on contempt of court, delivered by the judge (the court) in compliance with part 1-1 of Article 648 of this Code may be appealed, protested to a higher court. The resolution of the Supreme Court, rendered at the court hearing on contempt of court cannot be reconsidered.

      3. The decision, rendered by the body (the official) on an administrative offence may be challenged, appealed to a higher body (higher official) or to a specialized regional and equated to it an administrative court and the juvenile court at the location of the body (official).

      Footnote. Article 655 as amended by the Laws of the Republic of Kazakhstan dated 09.08.2002 No. 346, dated 02.07.2003 No. 451, dated 29.06.2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication), dated 05.07.2008 No. 64 - IV (the order of enforcement see Art. 3).

Article 656. The order of appeal, cassation against the decision on an administrative offence

      1. A complaint to the judgment on the case on administrative offence is sent to the judge, the body (the official), who rendered the judgment on the case, who must within three days from the day of the receipt of the complaint or protest send them with the entire case files to the appropriate court, the parent body (higher official).

      1-1. In case of appeal, cassation against the decision on the case on contempt of court in accordance with part 2-1 of Article 655 of this Code, the court shall attach the decision with an extract from the protocol of the hearing in terms of the fact’s establishment.

      2. A complaint may be filed, and the protest submitted directly to the court, the parent body (superior officer), authorized to consider them. The procedure for filing complaints directly to the court against the decision on the case on administrative offence, issued by the body (the official), is defined by the civil procedural law.

      3. Complaint or protest to the judge’s resolution on imposition of a penalty in the form of administrative detention may be sent to a higher court on the day of receipt of the complaint or protest.

      4. If consideration of the complaint or protest is not in the competence of the judge to whom the ruling is appealed, the complaint is sent according to its jurisdiction.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated June 29, 2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication).

Article 657. The terms of appeal, cassation against the decision on an administrative offence

      1. Complaint or protest against the decision on an administrative offence may be filed within ten days after the handing of the copy of the decision, and if the persons, defined in Articles 584-588 of this Code, did not participate in considering the case, - from the date of its receipt.

      2. In case of missing of the term, specified in part one of this article for valid reasons, the term, at the request of the person against whom a decision is made, can be restored by the court, the body (the official), entitled to consider the complaint.

Article 658. The complaint (protest)

      1. A complaint (protest) shall be submitted in a written form and must include:

      1) the name of the court, the parent body (the official), to which the complaint is filed;

      2) the surname, name and patronymic (the exact name of the legal entity), place of residence or the location (address) of the complainant or appellant;

      3) the name of the agency or institution or the name and position of the person, against whose act or an action the protest is filed;

      4) the content of the contested or challenged legal act or a procedure, as well as the reasons why the appellant believes the protest or legal act or action are violating his rights or freedoms;

      5) a clear formulated request of the complainant or appellant.

      2. Complaint or protest is signed by the complainant. A complaint, submitted by the legal entity shall be signed by its representative or other authorized person.

      3. If a complaint or protest is filed in the interests of another person, it must contain the name, surname, and place of residence or location (address) of the person for whose interest the complaint or protest is filed. The complaint is attached with the authority.

      4. Complaint or protest is submitted in a duplicate and attached with the contested or challenged legal act, issued by the body, the agency or the official, as well as any other documents to support the arguments mentioned in the complaint or protest.

      Footnote. Article 658 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 659. Suspension of execution of the decision in connection with an appeal or protest

      1. Timely filing of the complaint suspends fulfillment of the decision on imposition of administrative penalties before consideration of the complaint, except for the cases on administrative penalties in the place of the administrative offence.

      2. The prosecutor has the right to suspend the execution of the decision on an administrative penalty for the period of inspection of their legality, to give written instructions to the authorized officials and bodies (except the court) on organization of an additional validation. Upon the results of the inspection, the prosecutor makes a protest to the appropriate authority to cancel or change the decision or cancels the suspension of the execution of the decision.

      3. Bringing of the protest by the prosecutor suspends fulfillment of the decision before consideration of the protest.

Article 660. The terms for considering a complaint, a protest against the decision on an administrative offence

      1. Complaint or protest against the decision on an administrative offence is subjected to consideration within ten days of their receipt.

      2. Complaint or protest against the decision on the administrative detention, if a person, brought to responsibility, is serving an administrative detention is subject to consideration within one day from the moment of filing the complaint or protest.

Article 661. The judge’s sole consideration of a complaint, a protest against the judge's resolution on a case on an administrative offence

      Complaint or protest to the judge’s decision of the specialized district and equivalent to it administrative court and the juvenile court in a case on an administrative offence is considered by a single judge of the superior court.

      Complaint or protest against the decision of the court on the fact of contempt of court, the delivered by the judge (the court) in the order, specified in part 1-1 of Article 648 of this Code, shall be considered by a single judge of the superior court, and in case of delivering such a decision, by an appellate or supervisory court, are considered by a panel of the court of higher instance.

      Footnote. Article 661 is in the wording of the Law of the Republic of Kazakhstan dated 29.06.2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication), dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3).

Article 662. Preparing for considering a complaint, a protest against the decision on an administrative offence

      When preparing for consideration of a complaint, a protest against the decision on an administrative offence, the judge, the higher body, the official:

      1) asks whether there are circumstances which exclude the proceedings;

      2) permits the petitions, demands additional materials, summons the persons, the participation of whom is deemed necessary to consider the complaint and the protest; the judge shall schedule an examination if necessary;

      3) sends them with the entire case files upon the jurisdiction if consideration of the complaint or protest is not within his jurisdiction.

Article 663. Consideration of the complaint or protest against the decision on an administrative offence

      1. The parent body (the official), having started to consider the complaint, protest against the decision on an administrative offence:

      1) declares who is considering the complaint, protest; which complaint or protest shall be examined; who filed the complaint or protest;

      2) makes sure about appearance of an individual or a representative of a legal entity in respect of whom the judgment is delivered, and also the persons, summoned for participation in considering the complaint, protest;

      3) verifies the bodies of the person or the legal entity, protector and representative;

      4) establishes the reasons of failure to appear of the participants of the case and makes a decision on the complaint, protest or in their absence, or on suspension of considering the complaint or protest;

      5) explains the persons, involved in considering the complaint, protest, their rights and responsibilities;

      6) resolves the stated objections and motions;

      7) reads out the complaint, a protest against the decision on a case on an administrative offence, and other materials of the case if necessary.

      2. When considering a complaint, a protest against the decision on an administrative offence, he checks the legality and validity of the decision rendered on the available and additionally submitted materials. The parent body (the official) is not associated with the arguments of the complaint, protest, and checks the case in full, at that, it may establish new facts and examine new evidence.

      3. The parent body (the official) may postpone consideration of the complaint, protest due to the absence of the summoned persons, and demand of the additional case materials, scheduling of an examination, and in other cases, when it is necessary for a full, comprehensive and objective review of the complaint or protest.

      4. The rules provided by parts 1, 2 and 3 of this Article shall be applied to the cases of considering the complaints, protests by the judge of a higher court (the court of higher instance) against the decision on a case on an administrative offence, rendered by a judge (court). The order of considering the complaints, protests against the decision to an administrative offence, issued by the body (official), authorized to impose administrative penalties, is defined by the Civil Procedure Code.

      5. If a complaint against the decision on an administrative offence came at the same time to the court and superior officer, the complaint shall be considered by the court.

      Footnote. Article as amended by the Laws of the Republic of Kazakhstan dated 29.06.2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its first official publication), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 664. The decision on the complaint, the protest against the decision on an administrative offence

      1. Having considered a complaint, a protest against the decision on an administrative offence, a judge of a superior court, a parent body (official) takes one of the following decisions:

      1) about leave the decision unchanged, and the complaint, protest - without satisfaction;

      2) about changes in the regulations;

      3) to cancel the regulation and termination of the case under the circumstances, defined in Articles 68 and 580, 581 of this Code, as well as the unproven circumstances, upon which the decision was rendered;

      4) to cancel the decision and deliver a new resolution on the case;

      5) to cancel the regulations and send the case to consideration upon the jurisdiction, if during considering the complaint or protest, it was revealed that the decision was rendered by the unauthorized judge, body (official).

      2. The decision upon the results of considering a complaint or a protest shall be delivered in the form of a regulation on the complaint, the complaint against the decision on the case. The regulation and the judgment, rendered in the case, delivered in the case, defined by subparagraph 5) of part 1 this Article shall contain the information, specified in part 1 of Article 651 of this Code.

      3. The regulation of a judge of a higher court on the complaint, the protest against the judge's decision of the special district and equivalent to it administrative court and the juvenile court, as well as the judge's regulation, delivered in the case, defined by subparagraph 5) of this Article, may be appealed in accordance with the provisions of Chapter 40 of this Code. The regulation of the parent body (official) on the complaint, the protest against the decision on an administrative offence can be appealed, protested to the court in accordance with the Civil Procedure Code.

      Footnote. Article 664 as amended by the Laws of the Republic of Kazakhstan dated 02.07.2003 No. 451, dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3).

Article 665. Grounds for cancellation or change of a resolution in the case on an administrative offence

      The grounds for cancellation or change of resolution on administrative offence and the imposition of the regulations are:

      1) nonconformity of findings of a judge, a body (official) to the evidence on the factual circumstances of the case, set out in the judgment in the case on administrative offence, examined during considering the appeal, protest;

      2) incorrect application of the law on administrative responsibility;

      3) considerable breach of the procedural provisions of this Code;

      4) inadequacy of the imposed administrative penalty to the nature of the committed the offence, the identity of the person or property status of a legal entity.

Article 666. Nonconformity of findings of a judge, a body (official) to the evidence on the factual circumstances of the case, set out in the judgment in the case on administrative offence, examined during considering the appeal, protest

      1. Having established, that the findings, set out in the judgment in the case on administrative offence about the actual circumstances of the case, do not match the evidence, examined in considering the appeal, protest, the judge of a higher court, the parent body (official) cancels that decision fully or partially and makes a new decision in accordance with the results of considering the complaint or protest.

      2. A judge of a superior court, the parent body (official), evaluating the investigated complaint, protest may recognize the facts as proven that were not established by the decision on an administrative offence or were not taken into account by the judge, the body (official) that rendered the decision.

Article 667. Incorrect application of the law on administrative responsibility

      1. Incorrect application of the law on administrative responsibility is:

      1) violation of requirements of the Section 1 and the general part of the Section 2 of this Code;

      2) application of a wrong article or part of the article of a special part of Section 2 of this Code, that were subjected to be applied;

      3) imposition of a more severe administrative penalty than it is provided by the sanction of the corresponding article of the Section 2 of this Code.

      2. Having recognized incorrectness of a legal assessment of the offence in the result of considering the complaint, protest, the judge of the superior court, the parent body (official) has the right to change the qualification of the offence on the article of the law that has less severe administrative punishment.

      3. A judge of a superior court, the parent body (official) upon the results of considering the complaint or protest, has the right to apply the law, providing more severe administrative penalty or impose a more severe administrative penalty only if a complaint (protest) on these grounds was filed by a victim (a prosecutor).

Article 668. Considerable breach of the procedural rules of this Code

      1. Substantial violations of procedural rules of this Code are the violations of the principles of the general provisions of this Code in the proceedings and during consideration, that influenced or could influence the delivery of a legal and motivated regulation by depriving or restricting legal rights of the persons, involved in the case, non-observance of the procedure on an administrative offence or otherwise prevented comprehensive, full and objective investigation of the circumstances of the case,

      2. The judgment shall be discontinued when the one-sidedness or incompleteness of the case was the result of an erroneous exclusion from the study of admissible evidence or unfounded refusal to study the evidence that may be important for the case; non-investigation of evidence, subjected to mandatory study.

      3. Decision is subjected to cancellation at any case, if:

      1) the proceedings were not terminated under the presence of the grounds, specified in Articles 577, 580, 581 of this Code;

      2) the decision is made ??by the judge, body (official), who is not authorized to consider cases on administrative offences;

      3) the case was considered without a defense counsel when his participation is mandatory by the law, or otherwise the right of the person, against whom the proceedings are conducted, to have a lawyer is violated;

      4) the right of the person is violated, against whom the proceedings are conducted, to use his native language or the language he speaks, and a translator;

      5) the person, against whom the proceedings are conducted, is not entitled to give an explanation of the circumstances of the case;

      6) the decision has not been signed by any of the persons, defined in the part 5 of Article 651 of this Code.

      4. Having established that in considering an administrative case a violation of procedural rules was committed, defined in subparagraph 1) of part 3 of this Article, a judge of a superior court, the parent body (the official) revokes the decision and terminates the proceedings.

      5. If during considering the case on an administrative offence, any other considerable breach of procedural rules was committed, a judge of a superior court, the parent body (the official) shall consider the case, taking measures to eliminate the committed violation, cancels then the judge’s regulation of the corresponding specialized district and the equal to it administrative court and the juvenile court, the subordinate body (the official) and renders a new decision, taking into account the results of the case consideration.

      Footnote. Article 668 as amended by the Laws of the Republic of Kazakhstan dated 02.07.2003 No. 451, dated 05.12.2003 No. 506, dated 05.07.2008 No. 64-IV (the order of enforcement see Art. 3).

Article 669. Inconformity of the imposed administrative penalty to the nature of the offence, the identity of the person or property financial status of a legal entity

      1. Having recognized an imposed administrative penalty as unfair because of its excessive strictness, not complying with the nature of the offence, the identity of the person or property status of a legal entity, a judge of a superior court, a parent body (an official) softens the penalty, applying the general rules for imposing the administrative penalties.

      2. A judge of a superior court, a parent body (official) may impose a more severe penalty on the offender (entity) than it was determined by the decision on an administrative offence, but only if the prosecutor's protest or the victims’ complaint was brought on these grounds.

Article 670. Cancellation or changing of a decision on termination of the case

      1. A decision on terminating the proceedings may be cancelled by the judge of a higher court, the parent body (the official) with rendering a decision on imposing an administrative penalty at the complaint of the victim or at the prosecutor’s protest on invalidity of terminating the case.

      2. The decision on terminating the proceedings can be changed in terms of the termination at the complaint of the person against whom the proceedings are terminated.

Article 671. Announcement of a decision on a complaint, a protest against the decision on an administrative offence

      1. A decision on a complaint, a protest against the decision on an administrative offence shall be announced immediately after its rendering.

      2. A copy of the decision on the complaint, the protest against the decision in the case on administrative offence, within three days after it was imposed, is given or sent to an individual or a representative of a legal entity in respect of which it was issued in the case, the victim in case if he appeal to them or, at his request, to the prosecutor, who brought the protest.

      3. A decision on a complaint, a protest against the decision in the case on administrative detention is sent to the authority (the official), executing the decision, and to the person against whom it is made, - on the day of rendering the decision.

      Footnote. Article 671 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 40. Revision of the entered into force regulations on administrative offences and decisions on the appeals, the protests to them

Article 672. Exceptional procedure of revising of the entered into force regulations on administrative offences and definitions on appeals, protests to them

      1. Upon the protest of the persons, defined in parts 1 and 2 of Article 674 of this Code, the judicial review of the entered into force decisions is possible on administrative offences, imposed by the judge of a specialized district and equivalent to it administrative court and the juvenile court, and the decisions of the chairmen of the regional and equal to them courts, the judges of the superior courts on the complaint, the protest against decisions of the judges of the specialized regional and similar administrative courts and juvenile courts, chairmen of district and similar court, and the decisions, rendered by the judges (chairmen of the district and equal to them courts), in the case, defined by subparagraph 5) of part 1 of Article 664 of this Code.

      The revision of the entered into force regulations on the facts of contempt of court is also possible, rendered by the judge (the court) in the order, specified by part 1-1 of Article 648 of this Code, except for the decisions of the Supreme Court. Review of the case for worsening the situation of the person, brought to administrative liability, or a person, against whom an administrative proceeding is terminated, is allowed during one year from the date of entry into force of a decision of a court or state body.

      2. The entered into force judgments of the court on administrative offences are reviewed at the appeal of the persons, mentioned in parts one and two of Article 674 of this Code, in case if the Constitutional Council of the Republic of Kazakhstan recognizes the law or other regulation as unconstitutional, which was applied in the case on administrative offence.

      Footnote. Article 672 as amended by the Laws of the Republic of Kazakhstan dated 09.08.2002 No. 346, dated 02.07.2003 No. 451, dated 29.06.2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication), dated 05.07.2008 No. 64 - IV (the order of enforcement see Art. 3), dated 10.07.2012 No. 32-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 673. The courts, entitled to review the decisions on administrative cases and regulations upon the results of considering the complaints, protests against them

      The entered into force decisions and judgments, defined in Article 672 of this Code, may be reviewed by the board of regional and similar courts, and the judgments on contempt of the court, specified in Article 672 of this Code - by the collegium of the higher court.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated June 29, 2007 No. 270 (shall be enforced upon expiry of 10 days from the date of its official publication).

Article 674. A protest against a decision on administrative offences and a regulation upon the results of considering a complaint, a protest against them

      1. The right to protest the entered into force decision and judgment, defined in Article 672 of this Code, belongs to the Prosecutor General, his deputies, prosecutors of oblasts and prosecutors and their deputies, equal to them.

      2. The right to appeal a petition for review of the entered into force regulations and decisions, defined in Article 672 of this Code, belongs to the person, brought to administrative responsibility, victims, lawyers, legal representatives and representatives of the defined persons.

      Footnote. Article 674 as amended by the Law of the Republic of Kazakhstan dated August 9, 2002 No. 346.

Article 675. Suspension of execution of the decision on imposition of an administrative penalty

      1. Bringing of the protests by the persons, defined in part 1 of Article 674 of this Code, against the entered into force regulations and judgments, defined in Article 674 of this Code, shall suspend the execution of these decisions, regulations.

      2. Bringing of the protests by the persons, defined in part 1 of Article 674 of this Code, against the decision on the administrative arrest, issued by the judge, does not suspend the execution of this decision.

Article 676. Revision of the entered into force regulations on administrative cases in the Supreme Court of the Republic of Kazakhstan

      The Collegium of the Supreme Court of the Republic of Kazakhstan at the protest of the Prosecutor General of the Republic of Kazakhstan and his deputies shall have the right to verify the legality and validity of the entered into force decision on any case on administrative offence, as well as the regulation (decision) on appeal or protest against the decision and to reconsider the made decision.

      Footnote. Article 676 as amended by the Law of the Republic of Kazakhstan dated August 9, 2002 No. 346.

Chapter 41. Rehabilitation. Compensation for damage, caused by the unlawful actions of the body (the official), authorized to consider cases on administrative offences

Article 677. Rehabilitation by recognizing the innocence of a person, brought to administrative responsibility

      1. A person in respect of whom the judge's, the body’s (the official’s) decision is delivered, authorized to consider cases on administrative offences, on termination of the case on the grounds, specified in subparagraphs 1) - 7) of part 1 of Article 580 of this Code shall be presumed innocent and cannot be subjected to any restrictions in rights and freedoms, guaranteed by the Constitution and laws of the Republic of Kazakhstan.

      2. The judge, the body (the official), entitled to consider the cases on administrative offences, should take all the legal measures for rehabilitation of the person, defined in the part 1 of this article, and compensation for the damage, caused by illegal actions of the judge, the body (the official), authorized to consider the cases on administrative offences.

Article 678. The persons, who have the right for compensation of damage, caused by illegal actions of the body (the official) authorized to consider the cases on administrative offences

      1. The harm, caused to a person in the result of an unlawful administrative detention, administrative arrest, coercive medical measures, shall be compensated from the state budget in full, regardless of fault of the judge, the body (the official), authorized to consider the cases on administrative offences.

      2. The right for compensation of damage, caused by unlawful actions of the judge, the body (the official), authorized to consider the cases on administrative offences, belongs to:

      1) the persons, defined in part 1 of Article 584 of this Code;

      2) the persons against whom the proceedings should have not been initiated, and the started one was subjected to termination on the grounds, provided by subparagraphs 1) - 7) of part 1 of Article 580 of the Code, if the proceedings had been initiated despite the circumstances, excluding the case on an administrative offence, or was not terminated from the moment they were revealed.

      3. In case of death of an individual, the right to receive compensation in the prescribed order goes to his heirs.

      4. The damage is non-refundable to the person, if it is proved that the person, during the proceedings, prevented the proceedings by voluntary self-incrimination and thereby contributed to the consequences, described in part 1 of this article.

      5. The provisions of this Article in the absence of circumstances, defined in subparagraph 2) of part 2 of this article shall not be applied to the cases where administrative sanctions and other measures of administrative and legal pressure, imposed to the person, are canceled or changed due to expiry of periods of limitations, adoption of a law, eliminating the administrative responsibility or mitigating the administrative penalty.

      Footnote. Article 678 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 679. Refundable damage

      The persons, defined in Article 678 of this Code, have a right for full compensation of property damage, non-pecuniary damage and restoration of all the lost or impaired rights.

Article 680. Recognition of the right for compensation

      Having made a decision on full or partial rehabilitation of a person, the body (the official), authorized to consider the cases on administrative offences, should recognize his right for compensation. A copy of the decision on termination of the case, on cancellation or change of other illegal decisions, is handed and sent by mail to the person interested. At the same time a notice, explaining the procedure for compensation is forwarded to him. In the absence of information on the place of residence of the heirs, relatives or dependents of a deceased person, who has the right for compensation of damages, the notice is sent to them within five days from the date of their application to the body (the official), authorized to consider the cases on administrative offences.

Article 681. Compensation for property damage

      1. Damages, caused to the persons, defined in Article 678 of this Code, includes the compensation of:

      1) salary, pension, benefits, and other income, that they lost;

      2) property, illegally confiscated or seized for a fee on the basis of the judge's decision. If it is impossible to return the property, its cost is returned;

      3) the fines levied for execution of the illegal decision of the body (the official), authorized to resolve the case; the procedural costs and other amounts, paid by the person in connection with the illegal actions;

      4) the amounts paid by the person for legal aid;

      5) other expenses incurred as a result of the illegal imposition of administrative sanctions.

      2. The amounts, spent for maintenance of the persons, defined in part 1 of Article 584 of this Code, in the places of execution of an administrative arrest, the procedural costs, associated with the proceedings, as well as the salary of the persons for any work, performed during the administrative arrest, cannot be deducted from the amounts, payable for the harm, caused by illegal actions of the body (the official), authorized to consider the cases on administrative offences.

      3. When receiving copies of the documents, specified in Article 652 of this Code, with the notice of the order of compensation of damage to the persons, specified in parts two and three of Article 678 of this Code, shall have the right to file a request on compensation for property damage to the body (official), that made ??the decision to terminate the case, to cancel or amend other illegal decisions. If the case was terminated by a higher authority (the official) or a court, the request for compensation of damages should be submitted to the body (the official), that rendered the unlawful decision. If the case that had been considered by the judge, is terminated by a higher court, a request on compensation of damages goes to the judge, who delivered the unlawful resolution. In case of rehabilitation of the minor, the request for compensation of damages may be filed by his legal representative.

      4. Not later than one month from the date of receipt of an application, the body (the official), defined in part 3 of this Article, assesses the amount of the damage, by requesting payment from the financial bodies and social security bodies if necessary, and then issues a decision on payment of compensations taking into account the inflation rates. If the case was terminated by the court, these actions are performed by the judge, who considered the case.

      5. A copy of the decision, certified by the official seal, is handed over or sent to the person for presentation to the bodies, that are obliged to make the payment. The order of payment is determined by the legislature.

Article 682. Elimination of consequences of moral damage

      1. The body (the official), who made a decision on rehabilitation of a person, must make a formal apologies to him for the caused damage.

      2. The claims for compensation in cash for moral damages are brought in the order of civil proceedings.

      3. If the person was illegally brought to administrative responsibility, and information about it was published in the media, released in radio, television or other media, at the request of that person, and in case of his death - at the request of his family or the public prosecutor, the appropriate media must, within one month, make an announcement about it.

      4. At the request of the persons, defined in Article 678 of this Code, the body (the official), authorized to consider the cases on administrative offences, within two weeks shall submit a written report on abolition of his illegal decisions at their place of their work, study, and residence.

Article 683. Deadline for request

      1. The requirements on cash payments in respect of property damage may be brought within one year from the date of receiving the decisions by the persons, defined in Article 678 of this Code on making such payments.

      2. Demands for restoration of other rights may be brought within six months from the date of receipt of the notice explaining the procedure for restoration of the rights.

      3. In case of missing these deadlines for reasonable excuse, they may be restored at the request of the interested parties by the body (the official), authorized to consider the cases on administrative offences.

Article 684. Compensation for harm to legal entities

      The damage, caused to legal entities by the unlawful actions of the body (the official), authorized to consider the cases on administrative offences, is reimbursed by the state in full and within the period, specified in this Chapter.

Article 685. Restoration of the rights in the ordinary proceedings

      If the request for rehabilitation or compensation for damages is not satisfied or a person does not agree with the decision, he may apply to a court for civil proceedings.

Chapter 42. Peculiarities of the cases on the persons, enjoying privileges and immunities of administrative responsibility

Article 686. Administrative responsibility of a deputy of the Parliament of the Republic of Kazakhstan

      1. A deputy of the Parliament of the Republic of Kazakhstan during his office shall not be subjected to delivery, the measures of administrative punishment, imposed by a court without the consent of the corresponding House of Parliament of the Republic of Kazakhstan.

      2. To obtain consent for bringing the deputy to the administrative responsibility, leading to imposition of an administrative penalty in the court order, the delivery, the General Prosecutor of the Republic of Kazakhstan makes a corresponding presentation in the Senate and the Majilis of the Parliament of the Republic of Kazakhstan. The presentation shall be submitted before sending the case on administrative offence to the court, and the decision on the need for forced delivery of the deputy to the court, the body (to the officer), authorized to consider the cases on administrative offences.

      3. If the relevant House of the Parliament of the Republic of Kazakhstan gives consent for bringing the MP to administrative responsibility, leading to imposition of an administrative penalty in the court order, further proceedings are conducted in the manner, defined by this Code, taking into the peculiarities, specified by this Article.

      4. If the relevant House of the Parliament of the Republic of Kazakhstan gives consent for delivery, the issue on appliance of the measure to the deputy to ensure the proceedings on administrative offence, is resolved in accordance with this Code.

      5. In case if the corresponding House of the Parliament of the Republic of Kazakhstan did not give consent for bringing the MP to administrative responsibility, leading to imposition of an administrative penalty in the court order, the proceedings shall be terminated for this ground.

      6. In case if the corresponding Chamber of the Parliament of the Republic of Kazakhstan did not give consent for delivery, other measures to ensure the proceedings on administrative offence may be applied to the deputy in the order, provided by this Code.

      7. Supervision over legality of the proceedings on administrative offence in the court order against the deputy of the Parliament of the Republic of Kazakhstan is conducted by the Prosecutor General of the Republic of Kazakhstan.

Article 687. Administrative responsibility of the candidates for presidency, for the Parliament deputies

      1. The candidates for presidency, for the Parliament, from the date of their registration and before publication of the election results cannot be subjected to detention, the measures of administrative punishment, imposed by a court, without the consent of the Central Election Commission.

      2. The presentation on ??bringing the candidates for presidency, for the Parliament to administrative responsibility is submitted to the Central Election Commission by the General Prosecutor of the Republic of Kazakhstan before sending the case on administrative offence to the court.

      3. When the General Prosecutor receives the decision of the Central Electoral Commission, the further proceedings on the case are conducted in the order, provided by Article 643 of this Code.

Article 688. Administrative responsibility of the Chairman or members of the Constitutional Council of the Republic of Kazakhstan

      1. The chairman or the members of the Constitutional Council of the Republic of Kazakhstan during their office may not be subjected to detention, the measures of administrative punishment, imposed by a court order, without the consent of the Parliament of the Republic of Kazakhstan.

      2. In order to receive consent to bring the Chairman or members of the Constitutional Council of the Republic of Kazakhstan to the administrative responsibility, leading to imposition of an administrative penalty in the courts, the detention, the General Prosecutor of the Republic of Kazakhstan makes a corresponding representation in the Parliament of the Republic of Kazakhstan. The presentation shall be submitted before sending the case on administrative offence to the court, the decision on the need for forced conveying of the Chairman or a member of the Constitutional Council of the Republic of Kazakhstan to the court, the body (to the officer), authorized to consider the cases on administrative offences.

      3. When the General Prosecutor of the Republic of Kazakhstan receives the decision of the Parliament of the Republic of Kazakhstan, further proceedings on the case are performed in the order, established by Article 643 of this Code.

Article 689. Administrative responsibility of a judge

      1. A judge cannot be arrested, subjected to detention, measures of administrative punishment, imposed by a court of law, without the consent of the President of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council of the Republic of Kazakhstan, or in the case specified in subparagraph 3) of Article 55 of the Constitution of the Republic of Kazakhstan, without the consent of the Senate of the Republic of Kazakhstan.

      2. To obtain consent to bring a judge to administrative responsibility, leading to imposition of an administrative penalty in the courts, the detention, the General Prosecutor of the Republic of Kazakhstan makes a presentation to the President of the Republic of Kazakhstan, and in the case, provided by subparagraph 3) of Article 55 of the Constitution - to the Senate of the Parliament of the Republic of Kazakhstan.

      Presentation shall be submitted before sending the case on administrative responsibility to the court by the decision on the need for forced conveying the judge to the court, the body (to the officer), authorized to consider the cases on administrative offences.

      3. When the General Prosecutor of the Republic of Kazakhstan receives a decree from the President of the Republic of Kazakhstan, the Senate of the Parliament of the Republic of Kazakhstan, the further proceedings on the case are performed in the order, established by Article 643 of this Code.

Article 690. Administrative responsibility of the Prosecutor General of the Republic of Kazakhstan

      1. Prosecutor General of the Republic of Kazakhstan during his office shall not be subjected to detention, measures of administrative punishment, imposed by a court of law, without the consent of the Senate of the Parliament of the Republic of Kazakhstan.

      2. To obtain consent for brining the Prosecutor General of the Republic of Kazakhstan to administrative responsibility, leading to imposition of an administrative penalty in the courts, the detention, the first Deputy General Prosecutor submits a presentation to the Senate of the Parliament of the Republic of Kazakhstan. The presentation shall be submitted before sending the case on an administrative offence to the court, the decision on the need for forced conveying of the Prosecutor General to the court, the body (to the officer), authorized to consider the cases on administrative offences.

      3. After the first Deputy Prosecutor General of the Republic of Kazakhstan receives the decision of the Senate of the Republic of Kazakhstan, the further proceedings on the case are performed in the order, established by Article 643 of this Code.

      4. Supervision over legality of the proceedings on an administrative offence in the court in respect of the General Prosecutor of the Republic of Kazakhstan is performed by his first deputy.

Article 691. Consideration by the judge of an administrative case against the deputy of the Parliament of the Republic of Kazakhstan, the Chairman or members of the Constitutional Council of the Republic of Kazakhstan, the judges, the Prosecutor General of the Republic of Kazakhstan

      1. The case is considered under the general rules with the peculiarities of the cases on the persons, enjoying privileges and immunity from administrative responsibility.

      2. The judge has the right to apply to the deputy of the Parliament of the Republic of Kazakhstan, the Chairman or members of the Constitutional Council of the Republic of Kazakhstan, the judge, the Prosecutor General of the Republic of Kazakhstan, the detention as a measure of the proceedings on administrative offence, making a presentation on giving consent for that in the order, prescribed by the second part of article 686 of this Code, if it was rejected to give consent for detention by the state bodies, defined in paragraph 4 of Article 52, paragraph 5 of Article 71, paragraph 2 of Article 79, paragraph 3 of Article 83 of the Constitution of the Republic of Kazakhstan, before considering the case by the judge, or if such consent has not been requested.

Article 692. The persons with diplomatic immunity from administrative responsibility

      1. In accordance with the legislation of the Republic of Kazakhstan and international treaties, ratified by the Republic of Kazakhstan, the immunity from administrative liability in the courts in the Republic of Kazakhstan is granted to the following persons:

      1) the heads of diplomatic missions of foreign states, members of diplomatic staff of the missions and members of their families, if they live with them and are not the citizens of the Republic of Kazakhstan;

      2) on the basis of reciprocity, the personnel of diplomatic missions and their family members who live with them, if these employees and their families are not the citizens of the Republic of Kazakhstan, or do not reside permanently in Kazakhstan, the heads of the consulates and other consular officials in respect of the acts, performed by them when conducting their official duties, unless otherwise stipulated by an international agreement of the Republic of Kazakhstan;

      3) on the basis of reciprocity, the employees of administrative and technical personnel of diplomatic missions and their family members who live with them, if these employees and their families are not the citizens of the Republic of Kazakhstan, or do not reside permanently in Kazakhstan;

      4) diplomatic couriers;

      5) the heads and representatives of foreign states, members of parliamentary and governmental delegations and, on the basis of reciprocity, the members of foreign delegations arriving in Kazakhstan to participate in international negotiations, international conferences and meetings or other official missions, or those, going for the same purpose by transit through the territory of the Republic of Kazakhstan, and family members of the mentioned persons, accompanying them, if these family members are not the citizens of the Republic of Kazakhstan;

      6) the heads, the members and personnel of foreign states’ missions in international organizations, officials of these organizations, working on the territory of the Republic of Kazakhstan, on the basis of international treaties and generally accepted international practices;

      7) the heads of diplomatic missions, members of the diplomatic staff of foreign states in a third country, going through the territory of the Republic of Kazakhstan, and their family members, who accompany these persons or travel separately to join them or to return to their home country;

      8) other persons in accordance with the international treaty of the Republic of Kazakhstan.

      2. The persons, defined in subparagraphs 1), 4) - 7) of part 1 this Article, as well as other persons in accordance with the international treaty of the Republic of Kazakhstan may be brought to administrative responsibility in court only if a foreign state will provide a waiver of immunity. The issue on such waiver is resolved upon the presentation of the General Prosecutor of the Republic of Kazakhstan through the Ministry of Foreign Affairs of the Republic of Kazakhstan via diplomacy. If there is no a waiver from immunity from a foreign state, the administrative proceedings against them cannot be initiated, and the initiated one - is subjected to termination.

      3. The rules of part 1 of this Article shall not be applied to the persons, defined by subparagraphs 2) and 3) of part 1 of this Article, except for the cases when the offence, committed by these persons is connected with the performance of their official duties and is not against the interests of the Republic of Kazakhstan, unless otherwise provided by the international treaty of the Republic of Kazakhstan.

Article 693. Inspection, administrative detention and the delivery of persons, enjoying diplomatic immunity

      The persons, listed in subparagraphs 1), 4) - 7) of part 1 of Article 692 of this Code, as well as other persons in accordance with the international agreement of the Republic of Kazakhstan shall enjoy the personal immunity. They cannot be subjected to a personal search, detained or subjected to detention for committing an administrative offence. Screening of their belongings cannot be made.

Article 694. Diplomatic immunity to testify

      1. The persons, listed in subparagraphs 1), 3) - 6) of part 1 of Article 692 of this Code, as well as other persons in accordance with the international treaty of the Republic of Kazakhstan may not testify as a witness, victim, and with the agreement to make such testimonies, must not appear to the judge, the body (to the officer), considering the case on an administrative offence. The call for questioning, handed to the said persons, shall not contain the threat of coercive measures for their failure to appear.

      2. In case if these persons, during the administrative proceedings, testified as victims, witnesses, and did not appear to the court, the judge, the body (the official), considering the case on administrative offence, may read out their testimony.

      3. The persons, defined in subparagraph 2) of part 2 of Article 692 of this Code, may not refuse to testify as witnesses and victims, except for the testimony on the issues, related to performance of their duties. In case of a failure of consular officers to testify, the measures on administrative offence cannot be applied to them.

      4. The persons, enjoying diplomatic immunity, must not present correspondence and other documents, related to their duties to the judge, the body (the official), considering the administrative case.

Article 695. Diplomatic immunity of premises and documents

      1. The residence of the head of a diplomatic mission, the premises, occupied by the diplomatic mission, homes of members of the diplomatic staff and their families, the property, belonging to them, and the vehicles shall be inviolable. Access to these facilities, their examination and inspection of vehicles can be made only with the consent of the head of the diplomatic mission or the person, replacing him.

      2. On the basis of reciprocity, the immunity, provided by part one of this Article shall be applied to the living premises, occupied by staff personnel of the diplomatic missions and their family members who live with them, if these employees and their families’ members are not the citizens of the Republic of Kazakhstan.

      3. The premises, occupied by the consulate, and the residence of the head of the consulate, on the basis of reciprocity, enjoy immunity. Access to these facilities, their inspection can take place only at the request or with the consent of the head of the consulate or diplomatic missions of a foreign state.

      4. Archives, official correspondence and other documents of diplomatic missions and consulates are inviolable. They cannot be subjected to inspection and removal without consent of the head of the diplomatic mission, consulate. The diplomatic bag shall not be printed out and detained.

      5. Consent of the heads of diplomatic missions and consulate for access to the premises, specified in the first, second and third parts of this article, inspections, as well as the inspection and seizure of the documents, specified in part 4 of this article, are requested by the prosecutor through the Ministry of Foreign Affairs of the Republic of Kazakhstan.

      6. In these cases, the examination is conducted in the presence of the prosecutor and the representative of the Ministry of Foreign Affairs of the Republic of Kazakhstan.

Section 5. Execution of decision on imposition of administrative penalties
Chapter 43. Basic provisions

Article 696. Entry into force of the decision on the case on administrative offence

      Judgment in the case on an administrative offence comes into force:

      1) after expiration of the deadline for appeal of the decision on a case on an administrative offence if it has not been appealed or has been protested;

      2) immediately after making a decision on a complaint, a protest, as well as the judgment in the case, provided in Article 664 of this Code.

Article 697. Obligatoriness of the decision on imposing administrative penalty

      1. A decision on imposing administrative penalty is mandatory for all state agencies, local self-government bodies, officials, individuals and their associations, legal entities.

      2. Resolution on imposition of an administrative penalty shall be executed from the moment of its entry into force.

      3. Decision on the imposition of administrative sanctions in the form of deprivation of a special right and an administrative arrest and shall be executed after their rendering.

      Footnote. Article 697 as amended by the Law of the Republic of Kazakhstan dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 698. Introduction of decisions for execution

      Introduction of a decision to impose an administrative penalty for execution is charged to the judge, the body (official), who rendered the resolution. The resolution should be sent to the body (the official), authorized to execute it within a day from the date of its entry into force. The decision on imposition of administrative sanctions in the form of deprivation of a special right and an administrative arrest are sent to the agencies authorized to enforce them, immediately after their rendering.

Article 699. Execution of a decision on imposing administrative penalty

      1. Resolution on imposition of an administrative penalty is executed by the authorized body in the manner prescribed by this Code.

      2. In case of making a few decisions on administrative penalties in relation to one person, each decision is to be executed independently.

      3. Evasion of a person from administrative penalty leads to execution of this penalty by force in accordance with the legislature.

Article 700. Resolving of issues, related to enforcement of the decision on imposition of an administrative penalty

      1. The body (the official), that made ??the decision to impose an administrative penalty, is charged with the resolving of the issues, related to enforcement of the decision, and control over its execution.

      2. Questions on delay, deferral, suspension or termination of execution of the decision to impose an administrative penalty, as well as the recovery of a fine, imposed on a minor, his parents or guardians, shall be considered by the judge, the body (the official), who rendered the decision, within three days from the date of appearance of the grounds for resolving the appropriate issue.

      3. The persons, interested in resolving the issues, identified in the part 2 of this article shall be notified of the time and place of their consideration. At that, the failure to appear of the interested parties without a reasonable excuse is not an obstacle for resolving the issues. When considering the issue on evasion from serving an administrative detention, presence of a person, subjected to the administrative detention, is mandatory.

      4. The decision on the issues, specified in the second part of this article is taken in the form of a resolution.

      5. A copy of the resolution is handed immediately to a person or a representative of a business entity in respect of whom it is made, as well as the victim at his request under a receipt. In the absence of the mentioned persons, the copy of the resolution is sent within three days from the date of its issuance, the corresponding note about it is made in the case.

      5-1. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 174-IV.

      Footnote. Article 700 as amended by the Laws of the Republic of Kazakhstan dated 09.12.2004 No. 10, dated 10.07.2009 No. 174-IV; dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 701. Deferral and installment of execution of the decision to impose an administrative penalty

      If there are circumstances that make execution of the decision on administrative penalty in the form of administrative detention, deprivation of a special right or a fine (except for the collection of the fines at the place of committing an administrative offence) impossible within the set deadline, the judge, the body (the official), who rendered ??the decision, has a right, at the request of the person against whom a decision is made, to delay execution of the decision for up to one month. Taking into account the financial situation of the person, brought to administrative liability, the payment of the fine may be spread by the judge, the body (the official), who rendered the resolution, for a period of up to three months.

      In case if the Government of the Republic of Kazakhstan makes a decision to grant a deferred payment of tax arrears to the person - participant of the second direction of the "Business Road Map-2020" program, the tax authority that made ??the decision to impose an administrative penalty on a person, makes the decision to postpone execution of the judgment in respect of the tax debt of such a person in the form of a fine, calculated in the period from 1 January 2008 to the date of the decision of the Government of the Republic of Kazakhstan, for the period, specified in the decision.

      In the presence of the entered into force decision on restructuring of the second-tier bank and (or) organizations within the banking conglomerate as a parent organization and not being a second-tier bank, at their request, the decision to impose an administrative penalty may be postponed by the judge, the body (the official), that rendered the decision, before entry into force of the decision on termination of the restructuring of the second-tier banks and (or) organizations within the banking conglomerate as a parent organization and not a second-tier bank.

      Footnote. Article 701 is in the wording of the Law of the Republic of Kazakhstan dated 09.06.2010 No. 288-IV (shall be enforced from 19.06.2010); as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 702. Release from the administrative penalty

      The judge, the body (the official), that delivered ??the decision to impose an administrative penalty, stops execution of the judgment and releases from the administrative penalty in the following cases:

      1) the repeal of the law or some of its provisions, establishing administrative responsibility;

      2) if the law or some of its provisions, which establish administrative liability, or other normative legal act, subjected to be applied in the case on an administrative offence, on which the qualification of the acts depend on as an administrative offence, lost their effect due to being recognized as unconstitutional by the Constitutional Council of the Republic of Kazakhstan;

      3) the death of the person, brought to administrative liability or declaring him dead in accordance with the law;

      4) expiry of periods of limitations of the decision to impose an administrative penalty in the taxation area, established by Article 703 of this Code;

      5) provided by legislation act of the Republic of Kazakhstan on introduction of the Code of the Republic of Kazakhstan of 10 December 2008 "On taxes and other obligatory payments to the budget" (Tax Code) into force.

      Footnote. Article 702 as amended by the Laws of the Republic of Kazakhstan dated 09.06.2010 No. 288-IV (shall be enforced from 19.06.2010), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010), dated 10.07.2012 No. 32 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 703. Limitation for execution of the decision to impose an administrative penalty in the taxation area

      Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

      1. The decision on administrative penalties for the offence in taxation area is not enforceable if it had not been executed for five years from the date of its entry into force.

      2. In case of suspension of execution of the decision in accordance with Article 659 of this Code, the running of the statute of limitations is suspended until consideration of the complaint or protest.

      3. The running of the statute of limitations, provided for in part 1 of this article, shall break if the person, brought to administrative responsibility, refuses to fulfill it. Calculation of the statute of limitation in this case is resumed after the discovery of the person.

      4. In case of postponement of execution of the decision in accordance with Article 701 of this Code, the running of the statute of limitations is suspended until the expiry of temporary suspension and in execution of the installment, the running of statute limitation period shall be extended for a period of installments.

      Footnote. Article 703 as amended by the Laws of the Republic of Kazakhstan dated 05.12.2003 No. 506, dated 13.12.2004 No. 11 (shall be enforced from 01.01.2005); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 704. Completion of the execution of the decision on imposing an administrative penalty

      1. Resolution on imposition of an administrative penalty, the recovery on which was entirely produced, with a note on the recovery, is returned by the body, that executed the resolution to the judge, the body (official), that delivered ??the decision.

      2. Resolution on administrative penalties, on which execution was not performed or the execution was not performed fully, is returned to the body (the official), that rendered the decision, drawn ??a protocol on administrative offence in the cases and in the manner, defined by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of judicial executors".

      Footnote. Article 704 is in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

Article 705. Appeal against actions in connection with execution of a decision on imposing administrative penalty

      1. A person brought to administrative responsibility, may, within ten days of taking actions on enforced execution of a decision on imposing administrative penalty, file a complaint to the judge, the body (the official), that delivered the decision.

      2. A complaint is filed in a written form and will be considered during five days.

      3. The complainant shall be notified of the time and place of its consideration. At that, the failure to appear of the complainant is not an obstacle for its consideration.

      4. Upon the results of considering the complaint, a resolution on satisfaction the complaint or rejection to satisfy is delivered.

      5. A copy of the resolution is immediately handed to a person or a representative of a legal entity, brought to administrative responsibility, and in the absence of these persons, it will be sent to them within three days from its rendering.

      6. Damage caused by unlawful actions of officials on enforce execution of the decision to impose an administrative penalty shall be compensated in accordance with the rules established by the Civil Code and the Civil Procedural Code of the Republic of Kazakhstan.

      Footnote. Article 705 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 44. The order of execution of certains of administrative penalties

Article 706. Execution of a resolution on issuance of a warning

      A resolution on imposition of administrative sanction in the form of a warning is executed by the judge, the body (the official), that rendered the resolution, via handing or sending a copy of a resolution in compliance with Article 652 of this Code.

Article 707. Voluntary execution of the decision to impose a fine

      1. The fine is payable by the person, brought to administrative liability, not later than thirty days from the date the judgment’s entry into force.

      In case of suspension, provided for in Article 701 of this Code, the fine must be paid by a person, brought to administrative liability, from the date of expiry of the suspension.

      2. The fine, imposed for an administrative offence, is paid by an individual or a legal entity to the state budget in the prescribed manner, with subsequent notification in a written form of the judge or the body (the official), that delivered the decision to impose a fine, which issued an order on the need to pay the fine.

      Footnote. Article 707 is in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010); as amended by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 467-IV (shall be enforced from 01.07.2011).

Article 708. Compulsory execution of the decision to impose a fine on an individual

      1. Is excluded by the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

      2. Resolution on imposition of a fine is sent by the court, the authorized body (the official) to the administration of the organization where the person, brought to responsibility, works or receives remuneration, pension, scholarship, - to keep the amount of the fine by force from his wages or other income. Retention of fine is conducted in a period not exceeding six months. The order of collection of the fine is performed in accordance with the Civil Code of the Republic of Kazakhstan.

      3. In case of dismissal of the persons, brought to responsibility, or the inability to collect the fine from his wages or other income, the administration of the organization within ten days from the date of dismissal or event, leading to impossibility of recovery, returns the decision to impose a fine, an order on the need to pay a fine to the court, to the authorized agency, which rendered the judgment, with the indication of a new job of a person, brought to responsibility (if it is known), the reasons for impossibility to collect the fines, and with a note of the deductions made ??(if any).

      4. If an individual, subjected to a fine, does not work and collection of the fines from his wages or other income is impossible for other reasons, the decision to impose a fine, an order on the need to pay a fine, is sent by the court, the authorized body, which rendered the decision, to the state court bailiff for compulsory execution in the order, defined by the legislature.

      Footnote. Article 708 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2008 No.55-IV (the order of enforcement see Art. 2); dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010), dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 709. Compulsory execution of the decision to impose a fine on a legal entity

      1. A resolution on imposition of a fine is sent by the court, the authorized body (the official) to the state judicial enforcement agent for withdrawal of money from the bank account of a legal entity without his or her consent in the order, defined by the civil legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on payments and transfers of money and on enforcement proceeding.

      A decision on imposing fines for administrative offences, considered by the tax bodies, is executed by the tax bodies in the order, defined by the tax legislature of the Republic of Kazakhstan.

      2. A bank or an organization, performing others of banking transactions, must transfer the amount of the fine to the budget in the prescribed manner.

      3. In case if there is no money in the accounts of a legal entity, the bailiff forecloses the fines on another property, owned by the debtor in accordance with the laws of the Republic of Kazakhstan.

      Footnote. Article 709 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 709-1. The order of sending the decision on imposing fines on compulsory execution

      1. When a decision to impose a fine, an order on the need to pay a fine for compulsory execution is sent to the state executor, it must be attached with the copy of the decision to impose an administrative penalty and a certificate of the body, that imposed an administrative penalty, on the failure to pay the amount of the fine to the state budget.

      2. Resolution on imposing a fine, an order on the need to pay a fine, aimed at compulsory execution with violation of this Code, shall be returned to the government agency, which imposed an administrative penalty.

      3. Return of the decision to impose a fine, an order on the need to pay a fine to the body, that imposed an administrative penalty, is not an obstacle to re-sending them for compulsory execution with the eradicated defects.

      Footnote. The Code is supplemented by Article 709-1 in accordance with the Law of the Republic of Kazakhstan dated 20.01.2006 No. 123 (shall be enforced from 01.01.2006); in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010); as amended by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 467-IV (shall be enforced from 01.07.2011); dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 710. Execution of the decision to impose a fine, levied at the scene of an administrative offence

      1. When collecting the fine at the scene of an administrative offence, committed by an individual, he is handed a receipt of the established form, that is a document of strict financial statements. The receipt shall indicate the date of issue, position, surname, initials of the official, who imposed the penalty, the identity of the person, brought to administrative liability, the article of this Code, providing responsibility for the offence, the time and place of the administrative offence, the amount of an administrative fine. A receipt is signed by the official, who imposed the fine, and the receipt counterfoil - by the official, who imposed the fine and by the person, brought to administrative liability.

      2. Failure to pay the fine on the spot of an administrative offence, the proceeding shall be conducted in the order, provided herein.

Article 711. Completion of the proceedings on execution of the decision on imposing the fine

      Decision on imposing a fine, the penalty for which was fully performed, with the note on execution is returned to the body (the official), who delivered ??the decision.

Article 712. Execution of a decision on compensated withdrawal of a thing, that is an instrument of a tool of an administrative offence

      1. The judge's ruling on the compensated withdrawal of a thing, which appeared to be an instrument or a subject of an administrative offence, is executed in the order, provided by the legislature, a bailiff, and on the compensated withdrawal of arms and ammunition, special devices for special search operations and cryptographic information protection devices - by the Interior body.

      2. Realization of the withdrawn thing, which appeared to be a tool or instrument of an administrative offence, shall be made in the order, established by the legislature.

      3. The sums, received from the sale of the withdrawn thing, in accordance with Article 49 of this Code, are transferred to the former owner minus the expenses, incurred by selling of this thing.

      Footnote. Article as amended by the Laws of the Republic of Kazakhstan dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 713. Execution of the decision on confiscation of a subject, that appeared to be the subject or the instrument of an administrative offence

      1. The judge's decision to confiscate the thing, which appeared to be the subject or the instrument of an administrative offence, and income (dividends), money and securities, received as a result of an administrative offence, is executed in the manner, provided by the legislature, a bailiff, and the confiscation of weapons, ammunition, special devices for special search operations and cryptographic information security and drugs - by the Interior body.

      2. Realization or further use of the confiscated items, which appeared to be the subject or the instrument of an administrative offence shall be conducted in accordance with the procedure, established by the Government of the Republic of Kazakhstan.

      Footnote. Article 713 as amended by the Laws of the Republic of Kazakhstan dated June 22, 2006 No. 147, dated July 27, 2007 No. 314 (shall be enforced from January 1, 2008).

Article 714. The bodies, executing the judgment on deprivation of a special right

      1. The judge's decision on deprivation of the right to drive vehicles, except tractors, self-propelled vehicles and other machinery, is executed by the officials of the Interior bodies.

      2. The judge's decision on deprivation of the right to drive a tractor, self-propelled machine or other kinds of equipment is performed by officials, conducting state supervision over the technical condition of self-propelled vehicles and other equipment.

      3. The judge's decision on deprivation of the right to drive vessels, including the small size ones, is executed by officials, performing the state supervision over compliance with rules of use of the vessels, including the small size ones.

      4. The judge's decision on deprivation of the right to operate radio electronic and radio frequency devices is performed by officials, performing the state supervision over communication.

      5. The judge's decision on deprivation of the rights for hunting is executed by officials, performing the state supervision over observance of the hunting regulations.

      6. The court’s decision on deprivation of the right to carry and possess weapons is executed by the officials of the Interior bodies.

Article 715. The order of execution of the decision on deprivation of a special right

      1. Execution of the decision on deprivation of the right for driving vehicles, vessels or others of machinery is performed via withdrawal of a driver’s license respectively, a certificate for the right to handle a ship, (including small size boats) or a certificate of a tractor driver's license (tractor), if the driver, ship-driver or the tractor-driver (tractor) is deprived of the right to drive all kinds of vehicles, vessels (including small size ones), and other equipment.

      2. If the driver, the navigator or the tractor-driver (tractor) is deprived of the right to drive not all kinds of vehicles, vessels (including small size ones), or other equipment, the driver's license, certificate for handling small size vessels, a tractor driver's license (tractor) indicates what kinds of vehicles, small size boats, mobile devices, he is deprived of for the right to drive.

      3. The order of withdrawal of a certificate for driving a vehicle or a vessel is established by the authorized body.

      4. In case of failure of the driver (navigator) or a tractor driver (tractor), deprived of the right to drive a vehicle, vessel, or the right to drive a tractor or other self-propelled vehicles, to give the driver's license, certificate for handling a vessel or a tractor driver's license (tractor), the Interior bodies, performing the state supervision over observance of the rules for use of vessels, including small size ones, and the bodies, performing the state supervision over the technical condition of self-propelled vehicles and other equipment, make withdrawal of a driving license, a certificate for handling a vessel or a tractor driver license (tractor) in the prescribed manner.

      5. After expiry of the terms for deprivation of a special right, the person, subjected to this of administrative punishment, receives the withdrawn documents in the established procedure.

Article 716. The order of execution of the decision on deprivation of the right for hunting

      1. Execution of a decision of deprivation of the right for hunting is performed by withdrawal of a hunting permit.

      2. In case if a person, deprived of the right for hunting, evades from giving of a hunting permit, the withdrawal of the hunting permit, performing the state supervision over the observance of the rules of hunting, is made ??in the established order.

Article 717. The order of execution of the decision on deprivation of the right to use radio electronic or high-frequency devices

      1. Execution of the decision on deprivation of the right to use radio electronic and high-frequency devices is made by removing of the special permit to use radio electronic or high-frequency devices.

      2. In case of failure of a person, deprived of the right to use radio electronic or high-frequency devices, from the delivery of a special permit to use radio electronic or high-frequency devices, the appropriate authorized state body shall withdraw the special permit for use of radio electronic or high-frequency devices in the established order.

      3. The order of withdrawal of a special permit to use radio electronic or high-frequency devices is defined by the authorized state body for information and communication.

      Footnote. Article 717 as amended by the Law of the Republic of Kazakhstan dated December 5, 2003 No. 506, dated January 20, 2006 No. 123 (shall be enforced from January 1, 2006).

Article 718. The order of execution of the decision on deprivation of the right to keep and bear arms

      Execution of the decision on deprivation of the right to keep and bear arms is performed by withdrawal of arms and the corresponding license by the Interior bodies in the manner provided by the legislature.

Article 719. Execution of the decision on revoke of a license, a special permit, a qualification certificate or suspension of their performance for a certain of activity

      The resolution on revocation of an individual entrepreneur or a legal entity from a license, a special permit, a qualification certificate (a certificate) or suspension of its (his) actions on a certain kind of activity is to be executed in the manner, prescribed by this Code and the legislature on licensing.

Article 720. The bodies, executing the decision on revocation of a license, a special permit, a qualification certificate (a certificate) or their suspension for a certain of activity

      The resolution on revocation of an individual entrepreneur or a legal entity from a license, a special permit, a qualification certificate (a certificate) or suspension of its (his) actions on a particular activity is executed by the officials, who issued the license, the special permit, the qualification certificate (certificate).

Article 721. The order of execution of the decision on revocation of a license, a special permit, a qualification certificate (a certificate) or suspension of their actions for a certain of activity

      1. Execution of the decision on deprivation of an individual entrepreneur or a legal entity from a license, a special permit, a qualification certificate (a certificate) is executed via withdrawal of a license, a special permit, a qualification certificate (a certificate).

      2. In case of failure of an individual entrepreneur or a legal entity to deliver the license, the special permit, the qualification certificate (certificate), the body, that issued the license, the special permit, the qualification certificate (certificate), takes measures, provided by the legislature to withdraw the license, the special permit, the qualification certificate (certificate) or suspension of their actions for a certain of activity.

Article 722. Calculation of terms of withdrawal of a license, a special permit, a qualification certificate (a certificate) or suspension of their actions on a specific activity

      1. The term for revocation of a license, a special permit, a qualification certificate (a certificate) or suspension of their actions for a certain of activity is calculated from the date when the decision came into force on revocation (suspension) of the license, the special permit, the qualification certificate (certificate).

      2. Upon expiration of terms for revocation of a license, a special permit, a qualification certificate (a certificate) for a certain of activity, the person, brought to this of administrative penalty, receives a license in the order, established by the legislation.

      Upon expiration of the period of suspension of a license, a special permit, a qualification certificate (a certificate) for a specific activity, the person, brought to this of administrative penalty, receives the revoked license, special permit, qualification certificate (certificate) in the established order.

      3. A license, a special permit, a qualification certificate (certificate) will be suspended from the date, specified in the decision to impose an administrative penalty, and for the term, specified therein.

Article 723. Execution of a decision on suspension or prohibition of activity of an individual entrepreneur or a legal entity

      1. A decision on imposing an administrative sanction in the form of suspension or prohibition of activity of a legal entity or an individual entrepreneur shall be delivered by the judge and must be executed immediately upon entry into force of the decision by the founder of the legal entity or the individual entrepreneur.

      2. During the suspension period of the legal entity and the individual entrepreneur, their right to use bank deposits is suspended, except for the payment of labor contracts, compensation for damage, caused by their activities, and payment of fines. During the suspension period of a public association, it is not allowed to use the media, to campaign, to hold meetings, demonstrations and other public events, to take part in the elections. If within the specified suspension period the public association eliminated the violation, by the end of the specified period the public organization restarts its activity.

      3. In case of the failure to execute the administrative penalty, imposed by the judge in the form of suspension or prohibition of the activity of the founder (the governing body, or the official) of the legal entity or the individual entrepreneur voluntarily, the suspension is executed in the enforcement proceeding by the authorized body.

Article 724. The order of execution of the decision on suspension or prohibition of activity of an individual entrepreneur or a legal entity

      1. The authorized officer shall suspend partially or fully the work of organizations, individual productions, and prohibit operation of buildings, structures, individual premises, storages, electric power networks, heating devices.

      2. The body, registering the legal entities, having received a decision on prohibition (liquidation) of the legal entity, supervises the order of prohibition of activities (liquidation), established by the legislature, and within ten days registers termination of a legal entity, and informs of it the authorized body for the state statistics.

      Footnote. Article 724 as amended by the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 725. Execution of a decision on a forced demolition

      1. A court’s decision on the forced demolition of the erected or constructed building is executed by the person against whom this administrative penalty is issued.

      2. In case of the failure to execute the imposed administrative penalty in the form of a forced demolition of the erected or constructed building voluntarily, the decision is executed in the enforcement proceeding by the authorized body.

Article 726. Costs for execution of the decision on a forced demolition

      A forced demolition of the erected or constructed building is performed at the expense of the offender

Article 727. Execution of a decision on administrative arrest

      1. The judge's ruling on administrative detention is to be executed by the interior bodies and the military police in the manner, prescribed by the legislature.

      2. The persons, subjected to administrative arrest, are kept in the places, defined by the interior bodies. During the administrative detention the detainees are subjected to body search.

      Military servants serve administrative detention in the brigs (detention quarters).

      3. Administrative detention period shall be included in the term of administrative arrest.

      4. Serving of administrative arrest is made ??in compliance with the rules, established by the legislation.

      Footnote. Article 727 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177 (the order of enforcement see Art. 2).

Article 728. Consequences of evasion from serving administrative detention

      1. If the person, subjected to administrative detention, leaves the place of serving the administrative detention willfully before expiration of the arrest period, the served term may not be included fully or partially in the term of the administrative detention by the judge’s decision. At that, the judge re-sets the start of the term for serving the administrative arrest.

      2. The total period of administrative detention cannot exceed thirty days.

Article 729. Execution of the decision on compensation of property damage

      A decision on a case on an administrative offence in terms of property damage, subjected to reimbursement in accordance with Article 64 of this Code, shall be executed in the manner, prescribed by the legislature.

Article 730. The bodies, executing the decision on administrative deportation from the Republic of Kazakhstan of foreigners and stateless persons

      A decision on administrative expulsion from the Republic of Kazakhstan of foreigners and stateless persons is performed by:

      1) the Border Guard of the National Security Committee of the Republic of Kazakhstan for committing offences, provided by part 2 of Article 391 and part 3 of Article 391-1 of this Code;

      2) the internal affairs bodies for the offences, defined by Articles 102-3, 374 (part six), 375 (part three, seven), 380 (second part), 380-2 (second part), 394 (part four), 396 (part four) of this Code.

      Footnote. Article 730 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 276, dated 19.12.2007 No. 11-IV (the order of enforcement see Art. 2); dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 731. Execution of the decision on administrative expulsion from the Republic of Kazakhstan of foreigners and stateless persons

      1. Execution of the decision on administrative expulsion from the Republic of Kazakhstan of foreigners and stateless persons is performed via official transfer of foreigners or stateless persons to the bodies of a foreign state, to the territory of which the person is deported, or via the controlled self-deportation of the person from the Republic of Kazakhstan.

      2. If the transfer of the person to the representative of a foreign country is not provided by the agreement between the Republic of Kazakhstan and the said state, the expulsion is carried out at the place, determined by the Border Guard Service of the National Security Committee of the Republic of Kazakhstan.

      3. On expulsion of foreigners and stateless persons from the checkpoint of the State border of the Republic of Kazakhstan, the bodies of a foreign state are notified of it, to (across) the territory of which the person is deported, if the agreement is provided by the agreement between the Republic of Kazakhstan and the specified state.

      4. Execution of the decision on administrative expulsion is made in the form of bilateral or unilateral act.

      Footnote. Article 731 as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 732. Execution of the decision on testing the knowledge of traffic rules

      A decision on testing the knowledge of traffic rules is executed by the traffic police bodies of the Interior Ministry of the Republic of Kazakhstan in the order, established by the legislature.

Article 733. The order of execution of the decision on appliance of compulsory medical measures

      A decision on appliance of compulsory medical measures is performed by the specialized bodies of healthcare bodies in the manner, prescribed by the legislature.

The President of
the Republic of Kazakhstan



Әкімшілік құқық бұзушылық туралы

Қазақстан Республикасының 2001 жылғы 30 қаңтардағы N 155 Кодексі. Күші жойылды - ҚР 05.07.2014 № 235-V Кодексімен (01.01.2015 бастап қолданысқа енгізіледі)

      Ескерту. Күші жойылды - ҚР 05.07.2014 № 235-V Кодексімен (01.01.2015 бастап қолданысқа енгізіледі).

МАЗМҰНЫ

      ҚОЛДАНУШЫЛАР НАЗАРЫНА!

      Қазақстан Республикасының 2005.11.22 N 89 Заңымен енгізілген өзгертулер 2006.01.01 бастап қолданысқа енгізіледі (2-бапты қараңыз), 2005.11.22 N 90 Заңымен енгізілген өзгертулер әртүрлі уақытта қолданысқа енгізілген (2-бапты қараңыз). Қажет болған жағдайда "Заң" Деректер базасының 5 версиясының алдыңғы редакцияларын қараңыз.
      Ескерту. Бүкіл мәтін бойынша "әскери комиссариатқа", "әскери комиссариаттың" деген сөздер тиісінше "жергілікті әскери басқару органына", "жергілікті әскери басқару органының" деген сөздермен ауыстырылды - ҚР 2007.05.22 N 255 Заңымен.

1-бөлiм. ЖАЛПЫ ЕРЕЖЕЛЕР     

1-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ЗАҢДАР

      1-бап. Қазақстан Республикасының әкiмшiлiк құқық
              бұзушылық туралы заңдары

      1. Қазақстан Республикасының әкiмшiлiк құқық бұзушылық туралы заңдары Қазақстан Республикасының Әкiмшiлiк құқық бұзушылық туралы осы кодексiнен тұрады. Әкiмшiлiк жауаптылықты көздейтiн өзге заңдар осы Кодекске олар енгiзiлгеннен кейiн ғана қолданылуға тиiс.
      2. Осы Кодекс Қазақстан Республикасының Конституциясына, халықаралық құқықтың жалпы жұрт таныған принциптерi мен нормаларына негiзделедi.
      3. Қазақстан Республикасының әкiмшiлiк-деликттiк құқықтық қатынастарды реттейтiн халықаралық шарттық және өзге де мiндеттемелерi, сондай-ақ Қазақстан Республикасының Конституциялық Кеңесi мен Жоғарғы Сотының нормативтiк қаулылары әкiмшiлiк құқық бұзушылық туралы заңдардың құрамдас бөлiгi болып табылады.
      4. Қазақстан Республикасы бекiткен халықаралық шарттар осы Кодекс алдында басымдыққа ие болады және халықаралық шартты қолдану үшiн заң шығару қажет болатын реттердi қоспағанда, тiкелей қолданылады. Егер Қазақстан Республикасы бекiткен халықаралық шартта Қазақстан Республикасының әкiмшiлiк құқық бұзушылық туралы заңдарында көзделгеннен өзгеше ережелер белгiленген болса, онда халықаралық шарттың ережелерi қолданылады.

      2-бап. Әкiмшiлiк жауаптылықтың негiзi

      Осы Кодекстiң Ерекше бөлiмiнде көзделген құқық бұзушылық құрамының барлық белгiлерi бар әрекет жасау әкiмшiлiк жауаптылықтың негiзi болып табылады.

      3-бап. Бұзылғаны үшiн әкiмшiлiк жауаптылық көзделетiн
             ережелердi жергiлiктi өкiлдi органдардың
             белгiлеуi жөнiндегi өкiлеттiгi

      1. Табиғи және техногендiк сипаттағы төтенше жағдайлар туындаған кезде қоғамдық тәртiп пен қауiпсiздiктi қамтамасыз ету мақсатында облыстардың, республикалық маңызы бар қала мен астананың, қалалар мен аудандардың жергiлiктi өкiлдi органдары өз құзыреттерi шегiнде, бұзушылығы үшiн адамдардың осы Кодекстiң 362 және 363-баптарында көзделген әкiмшiлiк жауаптылыққа тартылуы мүмкiн ережелердi белгiлеуге құқылы.
      2. Облыстардың, республикалық маңызы бар қала мен астананың жергiлiктi өкiлдi органдары да бұзушылық үшiн осы Кодекстiң 281-1, 300, 310, 311, 387-баптарымен әкiмшiлiк жауаптылық көзделетiн ережелердi белгiлей алады.
       Ескерту. 3-бапқа өзгеріс енгізілді - ҚР 2009.07.10 N 180-IV, 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      4-бап. Қазақстан Республикасының әкiмшiлiк құқық
             бұзушылық үшiн жауаптылық туралы заңдарының
             кеңiстiк жағынан қолданылуы

      1. Қазақстан Республикасының аумағында әкiмшiлiк құқық бұзушылық жасаған адам осы Кодекс бойынша жауаптылыққа тартылуға тиiс.
      2. Қазақстан Республикасының аумағында басталған немесе жалғасқан, не аяқталған әрекет Қазақстан Республикасының аумағында жасалған әкiмшiлiк құқық бұзушылық болып танылады. Осы Кодекстiң күшi Қазақстан Республикасының континенттiк қайраңында және айрықша экономикалық аймағында жасалған әкiмшiлiк құқық бұзушылыққа да қолданылады.
      3. Қазақстан Республикасының портына тiркелген және Қазақстан Республикасының шегiнен тыс ашық суда немесе әуе кеңiстiгiнде жүрген кемеде әкiмшiлiк құқық бұзушылық жасаған адам, егер Қазақстан Республикасының халықаралық шартымен өзгеше көзделмесе, осы Кодекс бойынша әкiмшiлiк жауаптылықта болуға тиiс. Тұрған жерiне қарамастан, Қазақстан Республикасының әскери кемесiнде немесе әскери әуе кемесiнде әкiмшiлiк құқық бұзушылық жасаған адам да осы Кодекс бойынша әкiмшiлiк жауаптылықта болады.
      4. Шет мемлекеттердiң дипломатиялық өкiлдерi және қорғанышты пайдаланатын өзге де шетел азаматтары Қазақстан Республикасының аумағында құқық бұзушылық жасаған жағдайда, осы адамдардың әкiмшiлiк жауаптылығы туралы мәселе халықаралық құқық нормаларына сәйкес шешiледi.

      5-бап. Әкiмшiлiк құқық бұзушылық үшiн жауаптылық
             туралы заңдардың уақыт жағынан қолданылуы

      1. Әкiмшiлiк құқық бұзушылық жасаған адам осы құқық бұзушылық жасалған уақытта қолданылған заңдардың негiзiнде жауаптылықта болуға тиiс.
      2. Осы Кодекстiң ерекше бөлiмiнде көзделген әрекеттiң жүзеге асырылған уақыты, салдардың туындаған уақытына қарамастан, әкiмшiлiк құқық бұзушылық жасалған уақыт болып танылады.
      Ескерту. 5-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01. бастап қолданысқа енгізілді) Заңымен.

      6-бап. Әкiмшiлiк құқық бұзушылық туралы заңның керi күшi

      1. Әкiмшiлiк құқық бұзушылық үшiн жауаптылықты жоятын немесе жұмсартатын заңның керi күшi болады, яғни осы заң қолданысқа енгізілгенге дейін жасалған құқық бұзушылыққа қолданылады.
      2. Заңның әкiмшiлiк құқық бұзушылық үшiн жауаптылықты белгiлейтiн немесе күшейтетiн немесе құқық бұзушылық жасаған адамның жағдайын өзге түрде нашарлататын керi күшi болмайды.
      Ескерту. 6-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

2-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ЗАҢДАРДЫҢ
МIНДЕТТЕРI МЕН ПРИНЦИПТЕРI

      7-бап. Әкiмшiлiк құқық бұзушылық туралы заңдардың
             мiндеттерi

      1. Әкiмшiлiк құқық бұзушылық туралы заңдардың мiндеттерi - адамның және азаматтың құқықтарын, бостандықтары мен заңды мүдделерiн, халықтың денсаулығын, санитариялық-эпидемиологиялық салауаттылығын, қоршаған ортаны, қоғамдық имандылықты, меншiктi, қоғамдық тәртiп пен қауiпсiздiктi, мемлекеттiк билiктi жүзеге асырудың белгiленген тәртiбiн, ұйымдардың заңмен қорғалатын құқықтары мен мүдделерiн әкiмшiлiк құқық бұзушылықтан қорғау, сондай-ақ олардың жасалуының алдын алу.
      2. Осы мiндеттi жүзеге асыру үшiн әкiмшiлiк құқық бұзушылық туралы заңдар әкiмшiлiк жауаптылықтың негiздерi мен принциптерiн белгiлейдi, қандай әрекеттердiң әкiмшiлiк құқық бұзушылық болып табылатынын және олардың жасалғаны үшiн қолданылатын жазалардың түрлерiн, сондай-ақ әкiмшiлiк құқық бұзушылық жасаған адамға қай мемлекеттiк органның (лауазымды адамның) қандай әкiмшiлiк жаза және қандай тәртiппен қолдануы мүмкiн екенiн айқындайды.

      8-бап. Әкiмшiлiк құқық бұзушылық туралы заңдар
             принциптерiнiң маңызы

      Әкiмшiлiк құқық бұзушылық туралы заңдар принциптерiнiң маңызы мынада: оларды бұзу, оның сипаты мен мәнiне қарай, iс бойынша жүргiзiлген iстi жарамсыз деп тануға, осындай iс жүргiзудiң барысында шығарылған шешiмдердiң күшiн жоюға не бұл орайда жиналған материалдардың дәлелдiк күшi жоқ деп тануға әкеп соғады.

      9-бап. Заңдылық

      1. Әкiмшiлiк құқық бұзушылық, және оны жасағаны үшiн қолданылатын әкiмшiлiк-құқықтық ықпал ету шаралары тек осы Кодекспен белгiленедi. Осы Кодексте белгiленген негiздер мен тәртiптен басқа жағдайларда, ешкiм де әкiмшiлiк жазаға, әкiмшiлiк-құқықтық ықпал ету шараларына немесе әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шараларына ұшыратылуға тиiс емес.
      2. Сот, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органдар (лауазымды адамдар) әкiмшiлiк құқық бұзушылық туралы iстердi жүргiзу кезiнде Қазақстан Республикасы Конституциясының, осы Кодекстiң, осы Кодекстiң 1-бабында аталған өзге нормативтiк құқықтық актiлердiң талаптарын дәл сақтауға мiндеттi. Қазақстан Республикасы Конституциясының жоғары заң күшi бар және Қазақстан Республикасының бүкiл аумағында тiкелей қолданылады. Заңмен және Қазақстан Республикасы Конституциясымен белгiленген ережелер арасында қайшылықтар болған жағдайда Конституцияның ережелерi қолданылады.
      3. Соттардың Конституциямен баянды етілген адамның және азаматтың құқықтары мен бостандықтарына нұқсан келтiретiн заңдар мен өзге де нормативтiк құқықтық актiлердi қолдануға құқығы жоқ. Егер сот қолданылуға тиісті заң немесе өзге де нормативтiк құқықтық акт Конституциямен баянды етілген адамның және азаматтың құқықтары мен бостандықтарына нұқсан келтiредi деп тапса, ол iс бойынша iс жүргiзудi тоқтата тұруға және осы актiнi конституциялық емес деп тану туралы ұсыныспен Қазақстан Республикасының Конституциялық Кеңесіне жүгiнуге мiндеттi. Сот Конституциялық Кеңестiң шешiмiн алған соң iс бойынша iс жүргiзу қайта басталады.
      Соттардың және әкімшілік құқық бұзушылықтар туралы істерді қарауға уәкілетті органдардың (лауазымды адамдардың) конституциялық емес деп танылған заңға немесе өзге де нормативтік құқықтық актіге негізделген шешімдері орындалуға жатпайды.
      4. Соттың, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органдардың (лауазымды адамдардың) әкiмшiлiк құқық бұзушылық туралы iстердi жүргiзу кезiнде заңды бұзуына жол берiлмейдi және заңмен белгiленген жауаптылыққа, қабылданған актiлердiң жарамсыз деп танылуына және олардың күшiнiң жойылуына әкеп соғады.
      Ескерту. 9-бапқа өзгеріс енгізілді - ҚР 2006.01.20. N 123 (2006.01.01 бастап қолданысқа енгізілді), 2012.07.10 N 32-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      10-бап. Сот құзыретiнiң ерекшелiгi

      1. Соттың құзыретi, оның юрисдикциясының шегi, оның әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi жүзеге асыру тәртiбi заңмен белгiленедi және өз бетiнше өзгертуге болмайды. Қандай атаумен болса да төтенше немесе арнайы соттарды құруға жол берiлмейдi. Төтенше соттардың, сондай-ақ заңсыз құрылған өзге де соттардың шешiмдерiнiң заңды күшi болмайды және орындалуға жатпайды. Кiмнiң болса да соттың билiктiк өкiлеттiгiн иемденуi заңмен көзделген жауаптылыққа әкеп соғады.
      2. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша, өзiнiң қарауына жатпайтын iс бойынша iс жүргiзудi жүзеге асырып, өз өкiлеттiгiн асыра пайдаланған немесе осы Кодексте көзделген әкiмшiлiк құқық бұзушылық туралы принциптердi өзгеше түрде бұзған соттың шешiмдерi заңсыз және күшi жойылуға тиiс.
      3. Соттың әкiмшiлiк құқық бұзушылық туралы iстер жөнiндегi шешiмдерi осы Кодексте көзделген тәртiппен тек тиiстi соттарда ғана тексерiлуi және қайта қаралуы мүмкiн.

      11-бап. Адамдардың заң алдында теңдiгi

      Әкiмшiлiк құқық бұзушылық жасаған адамдар заң алдында тең және тегiне, әлеуметтiк, лауазымдық және мүлiктiк жағдайына, нәсiлi мен ұлтына, сенiмiне, жынысына, тiлiне, дiнге көзқарасына және iстейтiн жұмысының сипатына, тұратын жерiне, қоғамдық бiрлестiктерге қатысына, сондай-ақ кез келген өзге де мән-жайларға қарамастан әкiмшiлiк жауаптылықта болуға тиiс.
      Ескерту. 11-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      12-бап. Кiнәсiздiк презумпциясы

      1. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс қозғалған жеке адам өз кiнәсi осы Кодексте көзделген тәртiппен дәлелденбейiнше және өз өкiлеттiгi шегiнде iстi қараған судьяның, органның (лауазымды адамның) заңды күшiне енген қаулысымен белгiленбейiнше, кiнәсiз деп есептеледi.
      2. Ешкiм де өзiнiң кiнәсiздiгiн дәлелдеуге мiндеттi емес.
      3. Кiнәлiлiкке келтiрiлген кез келген күдiктер өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс қозғалған адамның пайдасына түсiндiрiледi. Әкiмшiлiк құқық бұзушылық туралы заңдарды қолдану кезiнде туындайтын күдiктер де оның пайдасына шешiлуге тиiс.

      13-бап. Кiнә принципi

      1. Жеке адам тек кiнәсi анықталған құқық бұзушылықтары үшiн ғана әкiмшiлiк жауаптылықта болуға тиiс. Жеке адамның кiнәсiздiктен келтiрген залалы үшiн объективтi кiнә тағуға, яғни әкiмшiлiк жауаптылыққа тартуға жол берiлмейдi.
      2. Қасақана немесе абайсыз әрекет жасаған жеке адам әкiмшiлiк құқық бұзушылық жасауда кiнәлi деп танылады.

      14-бап. Қайтадан әкiмшiлiк жауаптылыққа тартуға жол
              берiлмеушiлiк

      Бiр құқық бұзушылық үшiн ешкiмдi де екi рет әкімшілік жауапкершілікке тартуға болмайды.
      Ескерту. 14-бапқа өзгеріс енгізілді - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен.

      15-бап. Iзгiлiк принципi

      1. Қазақстан Республикасының әкiмшiлiк құқық бұзушылық туралы заңдары адамның қауiпсiздiгiн қамтамасыз етедi.
      2. Құқық бұзушылық жасаған адамға әкiмшiлiк жаза қолданғанда адам жанын күйзелтудi немесе адамның қадiр-қасиетiн қорлауды жазалау мақсаты етiп қоюға болмайды.

      16-бап. Жеке басқа қол сұқпаушылық

      1. Ешкiмдi де осы Кодексте белгiленген негiздер мен тәртiптен өзгеше ретте әкiмшiлiк ұстауға, iшкi iстер органына (полицияға) немесе басқа мемлекеттiк органдарға алып келуге, жеткiзуге, жеке басын және жеке адамның заттарын тексеруге болмайды.
      2. Осы Кодексте белгiленген жағдайларда және тәртiппен тек судьяның қаулысы бойынша ғана әкiмшiлiк жазалау шарасы ретiнде қамауға алу қолданылуы мүмкiн.
      3. Әрбiр ұсталған, iшкi iстер органына (полицияға) немесе басқа мемлекеттiк органға алып келiнген, жеткiзiлген адамға ұстаудың, алып келудiң, жеткiзудiң негiздерi, сондай-ақ оған тағылып отырған әкiмшiлiк құқық бұзушылықтың заңдық сипаты дереу хабарланады.
      4. Мемлекеттiк орган (лауазымды адам) заңсыз ұсталған, алып келiнген, жеткiзiлген немесе судьяның қаулысында көзделген мерзiмнен артық қамауда отырған адамды дереу босатуға мiндеттi.
      5. Әкiмшiлiк құқық бұзушылық туралы iске қатысушылардың ешқайсысын зорлық-зомбылық, қатыгездiк немесе адамның қадiр-қасиетiн қорлайтын әрекетке ұшыратуға болмайды.
      6. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу процесiнде адамның не оның өкiлiнiң еркiне қарсы жеке басқа қол сұғылмаушылықты бұзатын iс-әрекеттер жасау тек осы Кодексте тiкелей көзделген жағдайларда және тәртiппен ғана мүмкiн болады.
      7. Өзiне қатысты әкiмшiлiк жаза шарасы ретiнде қамауға алу таңдалған адамды, сондай-ақ әкiмшiлiк ұстауға ұшыраған адамды ұстау оның өмiрi мен денсаулығына қатер төнуiн болдырмайтын жағдайда жүзеге асырылуға тиiс.
      8. Заңсыз қамауға алудың, өмiрi мен денсаулығына қатерлi жағдайларда ұстаудың, оған қатыгездiкпен қараудың салдарынан жеке тұлғаға келтiрiлген залал заңда көзделген тәртiппен өтелуге тиiс.
      Ескерту. 16-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      17-бап. Жеке бастың ар-ожданы мен қадiр-қасиетiн
              құрметтеу

      1. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзу кезiнде iске қатысушы адамның ар-ожданын қорлайтын немесе қадiр-қасиетiн кемiтетiн шешiмдер мен iс-әрекеттерге тыйым салынады, адамның жеке өмiрi туралы мәлiметтердi, сол сияқты ол құпия сақтауды қажет деп есептейтiн жеке сипаттағы мәлiметтердi осы Кодексте көзделмеген мақсаттар үшiн жинауға, пайдалануға және таратуға жол берiлмейдi.
      2. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзу барысында соттың, басқа да мемлекеттiк органдар мен лауазымды адамдардың заңсыз iс-әрекеттерiмен адамға келтiрiлген моральдық залал заңда белгiленген тәртiппен өтелуге тиiс.

      18-бап. Жеке өмiрге қол сұқпаушылық

       Жеке өмiр, жеке бастың және отбасының құпиясы заңның қорғауында болады. Әркiмнiң жеке салымдар мен жинақ ақша, хат жазысу, телефонмен сөйлесу, поштамен, телеграф арқылы және өзге хабарламалар алысу құпиясына құқығы бар. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзу барысында осы құқықтарды шектеуге тек заңмен тiкелей белгiленген жағдайларда және тәртiппен жол берiледi.
      Ескерту. 18-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      19-бап. Меншiкке қол сұқпаушылық

      1. Меншiкке заңмен кепiлдiк берiледi. Ешкiмдi де сот шешiмiнсiз өз мүлкiнен айыруға болмайды.
      2. Мүлiк пен құжаттарды алып қою; көлiк құралын, шағын кеменi басқарудан шеттету; көлiк құралын, шағын кеменi ұстау; көлiк құралдарын, шағын кемелердi тексеру; аумақтарды, үй-жайларды, көлiк құралдарын, тауарларды, өзге де мүлiктi, сондай-ақ тиiстi құжаттарды тексерiп қарау тек осы Кодексте көзделген жағдайларда және тәртiппен жүргiзiлуi мүмкiн.

      20-бап. Судьялардың тәуелсiздiгi

      1. Судья сот төрелiгiн iске асыру кезiнде тәуелсiз және тек Қазақстан Республикасының Конституциясы мен заңға бағынады.
      2. Судьялар мен соттар әкiмшiлiк құқық бұзушылық туралы iстердi өздерiне бөгде ықпал болмайтын жағдайларда шешедi. Соттардың сот төрелiгiн iске асыру жөнiндегi қызметiне қандай да болмасын араласушылыққа жол берiлмейдi және ол заң бойынша жауаптылыққа әкеп соғады. Нақты iстер бойынша судьялар есеп бермейдi.
      3. Судья тәуелсiздiгiнiң кепiлдiктерi Қазақстан Республикасының Конституциясымен және заңмен белгiленген.

      21-бап. Iс жүргiзу тiлi

      1. Қазақстан Республикасында әкiмшiлiк құқық бұзушылық туралы iстер бойынша iс жүргiзу мемлекеттiк тiлде жүргiзiледi, ал қажет болған жағдайда iс жүргiзуде орыс тiлi немесе басқа да тiлдер мемлекеттiк тiлмен тең қолданылады.
      2. Судья, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органдар (лауазымды адамдар) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыда қаралатын iс бойынша iс жүргiзу тiлiн белгiлейдi. Белгiлi бiр iс бойынша iс жүргiзу соттың, әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi органның (лауазымды адамның) қаулысымен белгiленген тiлдердiң бiрiнде жүзеге асырылады.
      3. Iс жүргiзiлiп жатқан тiлдi бiлмейтiн немесе жеткiлiктi дәрежеде бiлмейтiн iске қатысушы адамдарға ана тiлiнде немесе өзi бiлетiн тiлде мәлiмдеме жасау, түсiнiктер мен айғақтар беру, өтiнiштер жасау, шағым беру, iстiң материалдарымен танысу, оны қарау кезiнде сөз сөйлеу, аудармашының қызметiн тегiн пайдалану құқығы түсiндiрiледi және қамтамасыз етiледi.
      4. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша iс жүргiзуге қатысушы адамдарға басқа тiлде жазылған заңға байланысты қажеттi iс материалдарын iс жүргiзiлетiн тiлге тегiн аударып беру қамтамасыз етiледi.
      5. Құқық бұзушы мен жәбiрленушiге тапсырылуға тиiстi iс жүргiзу құжаттары олардың ана тiлiне немесе олар бiлетiн тiлге аударылып берiлуге тиiс.
      6. Аударма жөнiндегi шығыстар және аудармашының көрсеткен қызметi мемлекеттiк бюджет есебiнен төленедi.
      Ескерту. 21-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      22-бап. Куә айғақтарын беру мiндетiнен босату

      1. Ешкiм өзiне-өзi, жұбайына (зайыбына) және заңмен белгiленген шектегi жақын туыстарына қарсы айғақ беруге мiндеттi емес.
      2. Дiни қызметшiлер өздерiне сенiп сырын ашқандарға қарсы куәгер болуға мiндеттi емес.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген жағдайларда аталған адамдар айғақ беруден бас тартуға құқылы және олар бұл үшiн қандай да болмасын жауаптылыққа тартылуы мүмкiн емес.

      23-бап. Бiлiктi заң көмегiн алуға құқықтарды қамтамасыз
              ету

      1. Әркiмнiң әкiмшiлiк iс жүргiзу барысында осы Кодекстің ережелеріне сәйкес бiлiктi заң көмегiн алуға құқығы бар.
      2. Заңмен көзделген жағдайларда заң көмегi тегiн көрсетiледi.
      Ескерту. 23-бапқа өзгеріс енгізілді - ҚР 03.07.2013 N 123-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      24-бап. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзудiң
              жариялылығы

      1. Сот, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органдар (лауазымды адамдар) осы iстердi жүргiзудi ашық түрде жүзеге асырады.
      2. Заңға сәйкес мемлекеттiк құпиялар болып табылатын мәлiметтерi бар iстерге қатысты, сондай-ақ соттың, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органның (лауазымды адамның) бала асырап алудың құпиясын қамтамасыз ету, жеке бастың, отбасылық, коммерциялық немесе заңмен қорғалатын өзге де құпияны, жеке тұлғалар өмiрiнiң интимдiк жақтары туралы мәлiметтердi сақтау қажеттiлiгiне не ашық қарауға кедергi келтiретiн өзге де мән-жайларға сiлтеме жасаған iске қатысушы адамның өтiнiшiн қанағаттандыру кезiнде iс жүргiзу жабық түрде жүзеге асырылады.
      3. Жеке тұлғалардың жеке хат жазысуы мен жеке телеграф хабарламалары тек осы хат жазысу мен телеграф хабарламаларын өзара алмасқан адамдардың келiсiмiмен ғана ашық iс жүргiзу барысында жария етiлуi мүмкiн. Керiсiнше жағдайда осы адамдардың жеке хат жазысуы мен жеке телеграф хабарламалары жабық iс жүргiзу тәртiбiнде жария етiледi және зерттеледi. Аталған ережелер жеке сипаттағы мәлiметтерi бар фото- және киноқұжаттарды, дыбыстық және бейнежазбаларды зерттеу кезiнде де қолданылады.
      4. Iске қатысушы адамдар мен ашық iс жүргiзуге қатысып отыратын жеке тұлғалар iс жүргiзiлiп жатқан үй-жайдағы өздерi иеленген орыннан iс жүргiзудiң барысын жазбаша түрде немесе аудиожазуды пайдалана отырып жазып алуға құқылы. Iс жүргiзу барысында кино- және фотосуретке түсiруге, бейнежазбаға, тiкелей радио- және телехабарларды таратуға соттың, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органның (лауазымды адамның) рұқсаты бойынша, iске қатысушы адамдардың пiкiрлерi ескерiле отырып жол берiледi. Бұл iс-әрекеттер iстiң қалыпты жүруiне кедергi жасамауға тиiс және оларға уақыт жағынан шектеу қойылуы мүмкiн.
      Ескерту. 24-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      25-бап. Iс жүргiзу барысында қауiпсiздiктi қамтамасыз
              ету

      Әкiмшiлiк құқық бұзушылық туралы iс жүргiзу соттың, әкiмшiлiк құқық бұзушылықты қарауға уәкiлеттi органның (лауазымды адамның) қалыпты жұмысын және iс жүргiзуге қатысушылардың қауiпсiздiгiн қамтамасыз ететiн жағдайда өтедi. Қауiпсiздiктi қамтамасыз ету мақсатында судья, лауазымды адам iс жүргiзу кезiнде қатысып отыруға тiлек бiлдiрген адамдардың жеке бастарын куәландыратын құжаттарын тексерудi, өздерiн тексерiп қарауды және олар әкелген заттарды тексерiп қарауды қоса алғанда, оларды тексеру жөнiнде өкiм бере алады.

      26-бап. Iс жүргiзу iс-әрекеттерi мен шешiмдерiне
              шағымдану бостандығы

      1. Соттың, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органның (лауазымды адамның) iс-әрекеттерi мен шешiмдерiне осы Кодексте белгiленген тәртiппен шағымдануға болады.
      2. Iске қатысушы адамның әкiмшiлiк құқық бұзушылық туралы iстер бойынша қаулыларды осы Кодексте белгiленген тәртiппен қайта қаратуға құқығы бар.
      3. Шағымды шағым берген адамға зиян келетiндей етiп немесе шағым өз мүддесiне орай берiлген адамға зиян келетiндей етiп қарауға жол берiлмейдi.

      27-бап. Адамның құқықтарын, бостандықтарын және заңды
              мүдделерiн сот арқылы қорғау

      1. Әркiмнiң өз құқықтары мен бостандықтарын сот арқылы қорғауға құқығы бар. Мүдделi адам құқықтары, бостандықтары немесе заңмен қорғалатын мүдделерi бұзылғанда немесе дауға түскенде, оны қорғау үшiн заңда белгiленген тәртiппен сотқа жүгiнуге құқылы.
      2. Прокурор өзiне жүктелген мiндеттердi жүзеге асыру мақсатында және жеке тұлғалардың, ұйымдардың құқықтарын, қоғамдық және мемлекеттiк мүдделердi қорғау үшiн сотқа талап қойып (арыз жазып) жүгiнуге құқылы.
      3. Ешкiмге ол үшiн заңмен көзделген соттылығы оның келiсiмiнсiз өзгертiлуге тиiс емес.
      Ескерту. 27-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

2-бөлiм. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ЖӘНЕ ӘКIМШIЛIК ЖАУАПТЫЛЫҚ

ЖАЛПЫ БӨЛIМ

3-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      28-бап. Әкiмшiлiк құқық бұзушылық

      1. Жеке адамның осы Кодекс бойынша әкiмшiлiк жауаптылық көзделген құқыққа қарсы, кiнәлi (қасақана немесе абайсызда жасалған) iс-әрекетi не әрекетсiздiгi немесе заңды тұлғаның құқыққа қарсы iс-әрекетi не әрекетсiздiгi әкiмшiлiк құқық бұзушылық деп танылады.
      2. Жеке адамға әкiмшiлiк жаза қолдану заңды тұлғаны осы құқық бұзушылық үшiн әкiмшiлiк жауаптылықтан босатпайды, сол сияқты заңды тұлғаның әкiмшiлiк жауапқа тартылуы да кiнәлi жеке адамды осы құқық бұзушылық үшiн әкiмшiлiк жауаптылықтан босатпайды.
      3. Осы Кодекстiң Ерекше бөлiмiнiң баптарында көзделген құқық бұзушылықтар үшiн, егер бұл құқық бұзушылықтар өзiнiң сипаты бойынша қолданылып жүрген заңдарға сәйкес қылмыстық жауаптылыққа әкеп соқпаса, әкiмшiлiк жауаптылық туындайды.

      29-бап. Әкiмшiлiк құқық бұзушылықты қасақана жасау

      Егер әкiмшiлiк құқық бұзушылық жасаған жеке адам өзiнiң iс-әрекетiнiң (әрекетсiздiгiнiң) құқыққа қарсы сипатын сезiнсе, оның залалды салдарын алдын ала бiлсе және осы салдардың туындауын қаласа немесе оған саналы түрде жол берсе не оларға немқұрайды қараса, әкiмшiлiк құқық бұзушылық қасақана жасалған деп танылады.

      30-бап. Әкiмшiлiк құқық бұзушылықты абайсызда жасау

      Егер әкiмшiлiк құқық бұзушылық жасаған жеке адам өзiнiң iс-әрекетiнiң (әрекетсiздiгiнiң) зиянды салдарының туындау мүмкiндiгiн алдын ала бiлсе, бiрақ жеткiлiктi негiзсiз оның алдын алуға болады деп ұшқары ойласа, не тиiстi назар салған және ескерген жағдайда оның алдын алуға болса да осындай салдардың туындау мүмкiндiгiн алдын ала бiлмесе, әкiмшiлiк құқық бұзушылық абайсызда жасалды деп танылады.

4-тарау. ӘКIМШIЛIК ЖАУАПТЫЛЫҚ

      31-бап. Әкiмшiлiк жауаптылықта болуға тиiс тұлғалар

      Әкiмшiлiк жауаптылықта болуға тиiс тұлғалар:
      1) ақыл-есi дұрыс, осы Кодекс бойынша белгiленген жасқа жеткен жеке адам;
      2) заңды тұлға.

      32-бап. Жеке адамның әкiмшiлiк жауаптылығы туындайтын
              жасы

      Әкiмшiлiк құқық бұзушылық жасаған кезде он алты жасқа толған жеке адам әкiмшiлiк жауаптылықта болуға тиiс.

      33-бап. Ақыл-естiң кемдiгi

      Осы Кодексте көзделген құқыққа қарсы әрекет жасаған кезде ақыл-есi кем жағдайда болған, яғни өзiнiң iс-әрекетiнiң (әрекетсiздiгiнiң) нақты сипаты мен қауiптiлiгiн түсiне алмаған немесе созылмалы психикалық сырқатының, уақытша психикасы бұзылуының, ақыл-ес кемдiгiнiң немесе психиканың өзге де сырқатты жай-күйiнiң салдарынан ақыл-есi кем жағдайда болған жеке адам әкiмшiлiк жауаптылыққа тартылмайды.

      34-бап. Лауазымды адамдардың және басқару функциясын
               орындайтын өзге де тұлғалардың, дара
               кәсiпкерлердiң, жеке нотариустардың, жеке сот
               орындаушылары мен адвокаттардың әкiмшiлiк
               жауаптылығы

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңымен.

      1. Лауазымды адам қызметтiк мiндеттерiн орындамауына немесе тиiсiнше орындамауына байланысты әкiмшiлiк құқық бұзушылық жасаған жағдайда әкiмшiлiк жауаптылыққа тартылады. Мұндай мән-жайлар болмаған кезде әкiмшiлiк құқық бұзушылықтың жасалуына кiнәлi лауазымды адам жалпы негiздерде жауаптылықта болуға тиiс.
      2. Заңнамада белгiленген тәртiппен тiркелген және заңды тұлға құрмай дара кәсiпкерлiк қызметтi жүзеге асыратын жеке тұлғалар (бұдан әрi - дара кәсiпкерлер), жеке нотариус, жеке сот орындаушысы, адвокат, сол сияқты дара кәсiпкердiң және заңды тұлғаның ұйымдық-билiк ету немесе әкiмшiлiк-шаруашылық функцияларды орындайтын жұмыскерлерi, сондай-ақ заңды тұлғаның басшылары лауазымды адамдар ретiнде әкiмшiлiк жауаптылықта болады.
      3. Егер осы Кодекстiң нормаларында олардың лауазымды адамдар, дара кәсiпкерлер, жеке нотариустар, жеке сот орындаушылары, адвокаттар болып табылатын жеке тұлғаларға қолданылатыны көрсетiлмесе, осы нормалардың мазмұны бойынша лауазымды адамдар, дара кәсiпкерлер, жеке нотариустар, адвокаттар болып табылатын жеке тұлғаларға ғана қатысты және соларға ғана қолданылуы мүмкiн болатын жағдайларды қоспағанда, осы нормалар барлық жеке тұлғаларға қатысты қолданылады.

      Ескерту. Осы Кодексте тұрақты, уақытша немесе арнаулы өкiлеттiк бойынша билiк өкiлiнiң функцияларын жүзеге асыратын не мемлекеттiк органдарда, жергiлiктi өзiн-өзi басқару органдарында, сондай-ақ Қазақстан Республикасының Қарулы Күштерiнде, басқа әскерлерi мен әскери құралымдарында ұйымдық-билiк ету немесе әкiмшiлiк-шаруашылық функцияларды орындайтын адамдар лауазымды адамдар деп танылады.
      Ескерту. 34-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгеріс енгізілді - ҚР 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңдарымен.

      34-1-бап. Құқық бұзушылықты арнайы техникалық құралдар
                 тіркеген кездегі әкімшілік жауаптылықтың
                 ерекшеліктері

      1. Әкімшілік құқық бұзушылық сертификатталған арнайы бақылау-өлшеу техникалық құралдарымен және аспаптарымен тіркелген жағдайда, жол жүрісі саласындағы әкімшілік құқық бұзушылықтар үшін әкімшілік жауаптылыққа көлік құралдарының меншік иелері (иелері) тартылады.
      2. Егер көлік құралының меншік иесінің (иесінің) хабарламасы немесе өтініші бойынша тексеру барысында құқық бұзушылық тіркелген кезде көлік құралы иелігінде болған адам анықталса не басқа адамдардың құқыққа қарсы әрекеттерінің салдарынан көлік құралы оның иелігінен шыққан болса, осы көлік құралының қатысуымен жасалған құқық бұзушылық үшін ол әкімшілік жауаптылықтан босатылады.
      Ескерту.
      Осы Кодекстің баптарында көлік құралын меншік құқығымен иеленетін жеке тұлғалар, сондай-ақ жеке және заңды тұлғаларға тиесілі көлік құралдары уақытша иелену мен пайдалануға берілген жеке тұлғалар көлік құралдарының иелері болып танылады.
      Осы Кодекстің баптарында сертификатталған арнайы бақылау-өлшеу техникалық құралдары мен аспаптары деп құқық бұзушылықтарды бақылау мен тіркеудің метрологиялық салыстырып тексеруден өткен техникалық құралдары мен аспаптарын, құқық бұзушылықтың жасалу фактісі мен уақытын, көлік құралының түрін, маркасын, мемлекеттік тіркеу нөмірінің белгісін, сондай-ақ жүрісінің жылдамдығы мен бағытын тіркейтін фото-, бейне аппаратураны түсіну қажет.
      Ескерту. 34-1-баппен толықтырылды - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      35-бап. Тәртiптiк жарғылардың не арнайы ережелердiң
              күшi қолданылатын әскери қызметшiнiң,
              прокурордың және өзге де адамдардың әкiмшiлiк
              құқық бұзушылық жасағаны үшiн әкiмшiлiк
              жауаптылығы

      1. Әскери қызметшiлер мен әскери жиында жүрген әскери міндеттілер осы Кодекстің 512-1 – 512-5-баптарында көзделген жағдайларды қоспағанда, әкiмшiлiк құқық бұзушылықтары үшiн тәртiптiк жарғылар бойынша жауаптылықта болады. Прокурорлар, iшкi iстер органдарының қатардағы және басшы құрамдағы адамдары, сыбайлас жемқорлыққа қарсы қызметтің, арнаулы мемлекеттік органдардың және экономикалық тергеу қызметінің қызметкерлерi әкiмшiлiк құқық бұзушылықтары үшiн тиiстi органдарда қызмет өткеру тәртiбiн регламенттейтiн нормативтiк құқықтық актiлерге сәйкес жауаптылықта болады.
      2. Осы баптың бiрiншi бөлiгiнде аталған адамдар Қазақстан Республикасының Мемлекеттiк шекарасы режимiн, Қазақстан Республикасының Мемлекеттік шекарасы және кеден одағының кедендік шекарасы арқылы өткiзу бекеттерiндегi режимдi, Қазақстан Республикасының халықтың санитариялық-эпидемиологиялық салауаттылығы саласындағы заңнамасын, өрт қауiпсiздiгiнiң талаптарын, жолда жүру ережелерiн, қызмет орындарынан тыс кеден ережелерiн, Қазақстан Республикасының бухгалтерлік есеп және қаржылық есептілік туралы заңнамасын, Қазақстан Республикасының бюджет және салық заңнамасын, Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасын, аң аулау, балық аулау ережелерiн, табиғи ресурстарды ұтымды пайдалану мен қорғаудың басқа да ережелерi мен нормаларын бұзғаны үшiн жалпы негiздер бойынша әкiмшiлiк жауаптылықта болады. Аталған адамдарға - атылатын және суық қаруды алып жүру мен сақтау құқығынан айыру және әкiмшiлiк қамауға алу түрiнде әкiмшiлiк жаза қолдануға болмайды.
      2-1. Мерзімді әскери қызметін өткеріп жүрген әскери қызметшілерге, әскери және арнаулы оқу орындарының курсанттарына әкімшілік айыппұл түріндегі әкімшілік жаза қолдануға болмайды.
      3. Қызмет туралы тәртiптiк жарғылардың немесе арнайы ережелердiң күшi қолданылатын, осы баптың бiрiншi бөлiгiнде аталғандардан басқа адамдар осы актiлерде тiкелей көзделген жағдайларда - қызмет мiндеттерiн атқару кезiнде әкiмшiлiк құқық бұзушылық жасағаны үшiн тәртiптiк жауаптылықта, ал қалған жағдайларда жалпы негiздер бойынша әкiмшiлiк жауаптылықта болады.
      4. Әкiмшiлiк жаза қолдану құқығы берiлген органдар (лауазымды адамдар) осы баптың бiрiншi бөлiгiнде аталған адамдарға әкiмшiлiк жаза қолданудың орнына, кiнәлi адамдарды тәртiптiк жауаптылыққа тарту туралы мәселенi шешу үшiн тиiстi органдарға құқық бұзушылық туралы материалдарды беруi мүмкiн.
      5. Тәртiп туралы жарғылардың күшi қолданылатын темiр жол, теңiз, өзен көлiгi мен азаматтық авиацияның қызметкерлерi қызметтiк мiндеттерiн атқару кезiнде мынадай құқық бұзушылық жасағаны үшiн осы жарғыларға сәйкес:
      темiр жол көлiгiнiң қызметкерлерi - осы Кодекстiң 439, 440, 441-баптарында, 477-бабының бiрiншi бөлiгiнде, 479, 480-баптарында көзделген құқық бұзушылық үшiн;
      теңiз көлiгiнiң қызметкерлерi - осы Кодекстiң 441, 448, 449, 450-баптарында, 477-бабының екiншi бөлiгiнде, 479, 480-баптарында көзделген құқық бұзушылық үшiн;
      өзен көлiгiнiң қызметкерлерi - осы Кодекстiң 441, 450-453, 455-баптарында, 477-бабының екiншi бөлiгiнде, 479, 480-баптарында көзделген құқық бұзушылық үшiн;
      азаматтық авиация қызметкерлері - осы Кодекстің 443, 446-баптарында, 447-бабының бірінші бөлігінде, 477-бабының үшінші бөлігінде, 479, 480-баптарында көзделген құқық бұзушылық үшін тәртіптік жауаптылықта болады.
      Ескерту. 35-бапқа өзгерістер енгізілді - ҚР 2001.07.12 N 240 , 2003.07.03 N 464 , 2003.12.05 N 506 , 2007.03.26 N 240 , 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2009.07.10. N 177-IV, 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.01.18 N 547-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      36-бап. Заңды тұлғалардың әкiмшiлiк жауаптылығы

      1. Осы бөлiмнiң Ерекше бөлiмiнде көзделген жағдайларда заңды тұлға әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жауаптылықта болуға тиiс.
      2. Егер осы бөлiмнiң Ерекше бөлiмiнде көзделген әрекеттi заңды тұлғаны басқару функциясын жүзеге асыратын орган немесе адам жасаса, рұқсат берсе, мақұлдаса, заңды тұлға әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жауаптылықта болуға тиiс.
      3. Егер осы Кодекстiң нормаларында олар жеке адамға немесе заңды тұлғаға қолданылатын-қолданылмайтыны көрсетiлмесе, осы нормалардың мәнi бойынша олар тек жеке адамға қатысты және соған ғана қолданылуы мүмкiн жағдайларды қоспағанда, осы нормалар жеке адамға және заңды тұлғаға қатысты бiрдей дәрежеде қолданылады.
      3-1. Егер осы Кодекстiң нормаларында олардың шағын немесе орта кәсiпкерлiк, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға немесе өзге ұйымдарға қолданылатыны көрсетiлмесе, осы нормалардың мазмұны бойынша олар шағын немесе орта кәсiпкерлiк, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға ғана қатысты және соларға ғана қолданылуы мүмкiн болатын жағдайларды қоспағанда, осы нормалар барлық заңды тұлғаларға қатысты бiрдей дәрежеде қолданылады.
      3-2. Әкімшілік жаза барлық заңды тұлғаларға қатысты бірдей дәрежеде қолданылатын жағдайларды қоспағанда, мемлекеттік кәсіпорын жүзеге асырылатын қызмет түріне, қызметкерлердің санына және активтердің бір жылдағы орташа жылдық құнына байланысты шағын немесе орта не ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғалар үшін көзделген тәртіппен әкімшілік жауапкершілікте болады.
      4. Дербес салық төлеушi болып табылатын және салық салу саласында әкiмшiлiк құқық бұзушылық жасаған заңды тұлғаның құрылымдық бөлiмшелерi заңды тұлғалар ретiнде әкiмшiлiк жауаптылықта болады.
      Ескерту. 36-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен.

      37-бап. Шетелдiктердiң, шетелдiк заңды тұлғалардың
              және азаматтығы жоқ адамдардың әкiмшiлiк
              жауаптылығы

      1. Қазақстан Республикасының аумағында әкiмшiлiк құқық бұзушылық жасаған шетелдiктер, шетелдiк заңды тұлғалар және азаматтығы жоқ адамдар жалпы негiздерде әкiмшiлiк жауаптылықта болуға тиiс.
      1-1. Шетелдiк және халықаралық коммерциялық емес үкiметтiк емес бiрлестiктердiң құрылымдық бөлiмшелерi (филиалдары мен өкiлдiктерi) Қазақстан Республикасының қоғамдық бiрлестiктер туралы заңнамасын бұзғаны үшiн заңды тұлға ретiнде әкiмшілiк жауапқа тартылады.
      2. Қазақстан Республикасының континенттiк қайраңында Қазақстан Республикасының егемендiк құқықтарына қол сұғатын әкiмшiлiк құқық бұзушылық жасағаны үшiн шетелдiктер, шетелдiк заңды тұлғалар, азаматтығы жоқ адамдар жалпы негiздерде әкiмшiлiк жауаптылықта болуға тиiс.
      3. Шет мемлекеттердiң дипломатиялық өкiлдерi және қорғанышты пайдаланатын өзге де шетелдiктер Қазақстан Республикасының аумағында жасаған әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жауаптылық туралы мәселе халықаралық құқық нормаларына сәйкес шешiледi.
      Ескерту. 37-бапқа өзгеріс енгізілді - ҚР 2005.02.23 N 33 Заңымен.

5-тарау. ӘКIМШIЛIК ЖАУАПТЫЛЫҚТЫ БОЛДЫРМАЙТЫН МӘН-ЖАЙЛАР

      38-бап. Қажеттi қорғану

      1. Қажеттi қорғану жағдайында, яғни жеке басын, тұрғын үйiн, меншiгiн, жер учаскесiн және қорғанушының немесе өзге де адамдардың басқа да құқықтарын, қоғамның немесе мемлекеттiң заңмен қорғалатын мүдделерiне қол сұғушыға зиян келтiру арқылы құқыққа қарсы қол сұғылудан қорғау кезiнде, егер бұл ретте қажеттi қорғану шегiнен шығып кетуге жол берiлмеген болса, осы Кодексте көзделген әрекеттi жасау әкiмшiлiк құқық бұзушылық болып табылмайды.
      2. Өздерiнiң кәсiби немесе өзге де арнаулы даярлықтарына және қызмет жағдайына қарамастан, барлық адамдар бiрдей дәрежеде қажеттi қорғаныс құқығына ие. Құқыққа қарсы қол сұғушылықтан аулақ болу не басқа адамдарға немесе мемлекеттiк органдарға көмек сұрап жүгiну мүмкiндiгi болғанына қарамастан, бұл құқық адамға тиесiлi болады.
      3. Қол сұғу сипаты мен дәрежесiне қорғанудың айқын сәйкес келмеуi, осының нәтижесiнде қол сұғушыға жағдайдан туындамаған шектен тыс айқын зиян келтiру қажеттi қорғану шегiнен шығып кету деп танылады. Мұндай шектен шығушылық тек қасақана зиян келтiрiлген жағдайларда ғана әкiмшiлiк жауаптылыққа әкеп соғады.
      4. Құқыққа қарсы қол сұғудан туындаған үрейдiң, қорқудың немесе сасқалақтап қалудың салдарынан қажеттi қорғаныс шегiнен асып кеткен адам әкiмшiлiк жауаптылықта болуға тиiс емес.

      39-бап. Қол сұғушылық жасаған адамды ұстау

      1. Құқыққа қарсы қол сұғушылық жасаған адамды ұстау кезiнде, бұл адамды мемлекеттiк органдарға жеткiзу және оның жаңа қол сұғушылықтар жасауын болдырмау үшiн, егер мұндай адамды басқаша құралдармен ұстау мүмкiн болмаса және бұл ретте осы үшiн қажеттi шараларды асыра қолдануға жол берiлмесе, осы Кодексте көзделген әрекеттi жасау әкiмшiлiк құқық бұзушылық болып табылмайды.
      2. Адамға қажеттiлiктен асып, шектен тыс, жағдайдан туындамаған айқын зиян келтiрген кезде, олардың ұсталған адам жасаған қол сұғушылықтың сипаты мен қауiп дәрежесiне және ұстаудың мән-жайына көрiнеу сәйкес келмеуi қол сұғушылық жасаған адамды ұстау үшiн қажеттi шараларды асыра қолданушылық деп танылады. Мұндай асыра қолдану тек қасақана зиян келтiру жағдайларында ғана әкiмшiлiк жауаптылыққа әкеп соғады.
      3. Қол сұғушылықты жасаған адамды ұстау құқығына оған арнаулы уәкiлеттiгi бар адамдармен қатар жәбiрленушiлер мен басқа жеке тұлғалар да ие болады.
      Ескерту. 39-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      40-бап. Аса қажеттiлiк

      1. Аса қажеттiлiк жағдайында, яғни осы адамның немесе өзге де адамдардың өмiрiне, денсаулығына, құқықтары мен заңды мүдделерiне, қоғамның немесе мемлекеттiң мүдделерiне тiкелей қатер төндiретiн қауiптi жою үшiн осы Кодекспен қорғалатын мүдделерге зиян келтiру, егер бұл қауiптi өзге құралдармен жою мүмкiн болмаса және бұл орайда аса қажеттiлiк шегiнен асуға жол берiлмесе, әкiмшiлiк құқық бұзушылық болып табылмайды.
      2. Қатер төндiрген қауiптiң сипаты мен дәрежесiне және қауiп жойылған, құқық қорғау мүдделерiне тең немесе зиянды болдырмаудан айтарлықтай көбiрек зиян келтiрген, жағдайға анық сәйкес келмейтiн зиян келтiру аса қажеттiлiк шегiнен асып кету деп танылады. Мұндай асып кету тек қасақана зиян келтiрген жағдайда ғана жауаптылыққа әкеп соғады.

      41-бап. Негiздi тәуекел

      1. Қоғамдық пайдалы мақсатқа жету үшiн негiздi тәуекел жасалған кезде осы Кодекспен қорғалатын мүдделерге зиян келтiру әкiмшiлiк құқық бұзушылық болып табылмайды.
      2. Егер тәуекелмен байланысты емес iс-әрекеттермен (әрекетсiздiкпен) аталған мақсатқа қол жеткiзу мүмкiн болмағанда және тәуекел жасаған адам осы Кодекспен қорғалатын мүдделерге зиян келуiн болдырмау үшiн жеткiлiктi шаралар қолданса, тәуекел негiздi деп танылады.
      3. Егер тәуекел адамдардың өмiрi мен денсаулығына қатер төндiрумен, экологиялық апатпен, қоғамдық жұтау немесе өзге де аса ауыр зардаптармен көрiнеу ұштасса, тәуекел негiздi деп танылмайды.

      42-бап. Күштеп немесе санаға әсер етiп мәжбүрлеу

      1. Егер мәжбүрлеу салдарынан адам өз iс-әрекеттерiн (әрекетсiздiгiн) басқара алмаса, күштеп немесе санаға әсер етiп мәжбүрлеу нәтижесiнде осы Кодексте көзделген әрекеттi жасау әкiмшiлiк құқық бұзушылық болып табылмайды.
      2. Санаға әсер етiп мәжбүрлеу нәтижесiнде, сондай-ақ күштеп мәжбүрлеу нәтижесiнде, адам соның салдарынан өз iс-әрекеттерiн басқару мүмкiндiгiн сақтаса, осы Кодекспен қорғалатын мүдделерге зиян келтiрiлгендiгi үшiн әкiмшiлiк жауаптылық туралы мәселе осы Кодекстiң 40-бабының ережелерi ескерiле отырып шешiледi.

      43-бап. Бұйрықты немесе өкiмдi орындау

      1. Өзi үшiн мiндеттi бұйрықты немесе өкiмдi орындау үшiн әрекет еткен адамның осы Кодексте көзделген әрекеттi жасауы әкiмшiлiк құқық бұзушылық болып табылмайды. Осындай әрекеттiң жасалуына заңсыз бұйрық немесе өкiм берген адам әкiмшiлiк жауаптылықта болады.
      2. Көрiнеу заңсыз бұйрықты немесе өкiмдi орындау үшiн қасақана әкiмшiлiк құқық бұзушылық жасаған адам жалпы негiздерде әкiмшiлiк жауаптылықта болады. Көрiнеу заңсыз бұйрықты немесе өкiмдi орындамау әкiмшiлiк жауаптылықты болдырмайды.

6-тарау. ӘКIМШIЛIК ЖАЗА ЖӘНЕ ӘКIМШIЛIК-ҚҰҚЫҚТЫҚ ЫҚПАЛ ЕТУ
ШАРАЛАРЫ

      44-бап. Әкiмшiлiк жаза ұғымы және мақсаттары

      1. Әкiмшiлiк жаза, осыған заңмен уәкiлеттiк берiлген судья, органдар (лауазымды адамдар) әкiмшiлiк құқық бұзушылық жасағаны үшiн қолданатын мемлекеттiк мәжбүрлеу шарасы болып табылады және осындай құқық бұзушылық жасаған адамның осы Кодексте көзделген құқықтары мен бостандықтарынан айыруға немесе оларды шектеуге саяды.
      2. Әкiмшiлiк жаза әлеуметтiк әдiлеттiлiктi қалпына келтiру және құқық бұзушылықты жасаған адамды заңдар талаптарын сақтау және құқық тәртiбiн құрметтеу рухында тәрбиелеу, сондай-ақ құқық бұзушының өзiнiң де, сол сияқты басқа адамдардың да жаңа құқық бұзушылық жасауының алдын алу мақсатында қолданылады.
      3. Әкiмшiлiк жаза әкiмшiлiк құқық бұзушылық жасаған адамға тән азабын тарттыруды немесе оның адамгершiлiк қадiр-қасиетiн қорлауды, сондай-ақ заңды тұлғаның iскерлiк беделiне зиян тигiзудi мақсат тұтпайды.
      3-1. Әкiмшiлiк жаза мүлiктiк залалдың орнын толтыру құралы болып табылмайды. Әкiмшiлiк құқық бұзушылықтан келтiрiлген зиянның орны осы Кодекстiң 64-бабында көзделген тәртiппен толтырылады.
      Ескерту. 44-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      45-бап. Әкiмшiлiк жазалардың түрлерi

      1. Әкiмшiлiк құқық бұзушылық жасағаны үшiн жеке адамға мынадай әкiмшiлiк жазалар қолданылуы мүмкiн:
      1) ескерту жасау;
      2) әкiмшiлiк айыппұл салу;
      3) әкiмшiлiк құқық бұзушылықты жасау құралы не нысанасы болған затты өтемiн төлеп алып қою;
      4) әкiмшiлiк құқық бұзушылықты жасау құралы не нысанасы болған затты, сол сияқты әкiмшiлiк құқық бұзушылық жасау салдарынан алынған мүлiктi тәркiлеу;
      5) арнаулы құқықтан айыру;
      6) лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiктен) айыру немесе қызметтiң белгiлi бiр түрiне не белгiлi бiр iс-әрекеттер жасауға оның қолданылуын тоқтата тұру, оның ішінде тізілімнен алып тастау;
      7) жеке кәсiпкердiң қызметiн тоқтата тұру немесе оған тыйым салу;
      8) заңсыз салынып жатқан немесе салынған құрылысты мәжбүрлеп бұзып тастау;
      9) әкiмшiлiк қамауға алу; V021963
      10) шетелдiктi немесе азаматтығы жоқ адамды Қазақстан Республикасының шегiнен әкiмшiлiк жолмен кетiру.
      2. Әкiмшiлiк құқық бұзушылық жасағаны үшiн заңды тұлғаларға осы баптың бiрiншi бөлiгiнiң 1)-6), 8) тармақшаларында аталған әкiмшiлiк жазалар, сондай-ақ заңды тұлғаның қызметiн немесе қызметiнiң жекелеген түрлерiн тоқтата тұру немесе оған тыйым салу қолданылуы мүмкiн.
      Ескерту. 45-бапқа өзгеріс енгізілді - ҚР 2004.12.09 N 10, 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2009.07.10 N 174-IV, 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңдарымен.

      46-бап. Негiзгi және қосымша әкiмшiлiк жазалау шаралары

      1. Ескерту, әкiмшiлiк айыппұл салу және әкiмшiлiк қамауға алу тек негiзгi әкiмшiлiк жазалар ретiнде ғана қолданылуы мүмкiн.
      2. Арнаулы құқықтан айыру, лицензиядан (арнайы рұқсаттан, бiлiктiлiк аттестатынан (куәлiктен) айыру немесе оның қолданылуын тоқтата тұру, кәсiпкерлiк қызметтi немесе оның жекелеген түрлерiн тоқтата тұру немесе оған тыйым салу, сондай-ақ шетел азаматтарын немесе азаматтығы жоқ адамдарды Қазақстан Республикасынан тыс жерлерге әкiмшiлiк жолмен кетiру негiзгi, сол сияқты қосымша әкiмшiлiк жазалар ретiнде қолданылуы мүмкiн.
      3. Әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болған затты өтемiн төлеп алып қою, тәркiлеу, салынған құрылысты мәжбүрлеп бұзып тастау тек қосымша әкiмшiлiк жаза ретiнде ғана қолданылуы мүмкiн.
      Ескерту. 46-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      47-бап. Ескерту

      Ескерту әкiмшiлiк жаза қолдануға уәкiлеттi органның (лауазымды адамның) жасалған құқық бұзушылыққа ресми түрде терiс баға беруiнен және жеке немесе заңды тұлғаны құқыққа қарсы мiнез-құлыққа жол беруге болмайтындығы туралы сақтандырудан тұрады. Ескерту жазбаша түрде жасалады.

      48-бап. Әкiмшiлiк айыппұл

      1. Әкiмшiлiк айыппұл (бұдан әрi – айыппұл) – осы бөлiмнiң ерекше бөлiмiнiң баптарында көзделген жағдайларда және шекте, әкiмшiлiк құқық бұзушылық үшiн салынатын, әкiмшiлiк жаза қолдану кезінде қолданылып жүрген заңға сәйкес белгiленетiн айлық есептiк көрсеткiштiң белгiлi бiр мөлшеріне сай келетiн көлемде ақша өндіріп алу.
      Осы бөлiмнiң ерекше бөлімінің баптарында көзделген жағдайларда айыппұл мөлшері:
      қоршаған ортаға келтірілген зиян сомасының;
      орындалмаған немесе тиiсiнше орындалмаған салық мiндеттемесі сомасының;
      төленбеген (аударылмаған), уақтылы және (немесе) толық төленбеген (аударылмаған) әлеуметтік аударымдар сомасының;
      аударылмаған, уақтылы және (немесе) толық есептелмеген, ұсталмаған (есепке жазылмаған) және (немесе) төленбеген (аударылмаған) міндетті зейнетақы жарналары сомасының;
      заңсыз кәсіпкерлік нәтижесінде алынған акцизделетін тауарлар құны сомасының;
      Қазақстан Республикасының бухгалтерлік есеп және қаржылық есептілік туралы заңнамасының талаптарына сәйкес есепке алынбаған не тиісті түрде есепке алынбаған соманың;
      Қазақстан Республикасының қаржы заңнамасын бұза отырып жасалған (жүргізілген) мәміле (операция) сомасының;
      «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметті жүзеге асыру немесе Қазақстан Республикасының электр энергетикасы туралы, табиғи монополиялар және реттелетін нарықтар туралы заңнамасын, қаржы нарығын және қаржы ұйымдарының қызметін реттейтін Қазақстан Республикасының заңнамасын бұзу нәтижесiнде алынған табыс (түсiм) сомасының;
      құқық бұзушылық жасалған, бірақ бір жылдан аспайтын кезең үшін бекітілген нормативтерден тыс пайдаланылған энергетикалық ресурстар құнының;
      есепке жатқызылмаған ұлттық және шетел валютасы сомасының пайызымен көрсетіледі.
      Егер осы бөлiмнiң ерекше бөлімінің көзделген баптарында айыппұл мөлшері Қазақстан Республикасының қаржы заңнамасының нормаларын бұза отырып жүргізілген операция сомасының пайызымен көрсетілсе және мұндай операция шетел валютасымен жүргізілсе, айыппұл сомасын теңгемен қайта есептеу әкімшілік жаза қолданылған күнге Қазақстан Республикасының Ұлттық Банкі белгілеген ресми бағам бойынша жүзеге асырылады.
      2. Осы бөлiктiң екiншi абзацында көрсетiлгендi қоспағанда, жеке тұлғаға салынатын айыппұлдың мөлшерi айлық есептiк көрсеткiштiң бестен бiр бөлiгiнен кем болмайды.
      Осы бөлiктiң үшiншi абзацында көрсетiлгендi қоспағанда, лауазымды адамға, дара кәсiпкерге, жеке нотариусқа, жеке сот орындаушысына, адвокатқа, сондай-ақ заңды тұлғаға салынатын айыппұлдың мөлшерi бес айлық есептiк көрсеткiштен кем болмайды.
      Ірi кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға салынатын айыппұлдың мөлшерi жиырма айлық есептiк көрсеткiштен кем болмайды.
      3. Осы бөлiктiң екiншi абзацында көрсетiлгендi қоспағанда, жеке тұлғаға салынатын айыппұлдың мөлшерiн бес жүз айлық есептiк көрсеткiштен асыруға болмайды.
      Осы бөлiктiң үшiншi абзацында көрсетiлгендi қоспағанда, лауазымды адамға, дара кәсiпкерге, жеке нотариусқа, жеке сот орындаушысына, адвокатқа, сондай-ақ заңды тұлғаға салынатын айыппұлдың мөлшерiн мың айлық есептiк көрсеткiштен асыруға болмайды.
      Ірi кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға салынатын айыппұлдың мөлшерiн екi мың айлық есептiк көрсеткiштен асыруға болмайды.
      4. Осы баптың бiрiншi бөлiгiнiң екiншi абзацына сәйкес есептелген айыппұл осы бапта көрсетiлген айыппұлдардың белгiленген мөлшерiнен асатын немесе одан кем мөлшерде белгiленуi мүмкiн.
      5. Осы Кодекстің 576-4-бабына сәйкес аудандық маңызы бар қалалардың, ауылдардың, кенттердің, ауылдық округтердің әкімдері салатын айыппұлдарды қоспағанда, айыппұл Қазақстан Республикасының заңнамасында белгiленген тәртiппен мемлекеттiк бюджет кiрiсiне өндiрiп алынады.
      6. Заңды тұлғаларды шағын немесе орта кәсiпкерлiк, iрi кәсiпкерлiк субъектiлерiне жатқызу заңнамада белгiленген тәртiппен жүзеге асырылады.
      Ескерту. 48-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгерістер енгізілді - 2006.07.07 N 174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2008.12.29 N 116-IV (2009.01.01 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі), 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi), 13.06.2013 N 101-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізiледi) Заңдарымен.

      49-бап. Әкiмшiлiк құқық бұзушылық жасау құралы не
               нысанасы болған затты өтемiн төлеп алып қою

       1. Әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болған затты өтемiн төлеп алып қою, оны судья қаулысының негiзiнде мәжбүрлеп алып қоюдан және сот актiлерiн орындау үшiн көзделген тәртiппен кейiннен өткiзуден тұрады. Осындай затты өткiзуден түскен соманы сот орындаушысы оларды өткiзу жөнiндегi шығыстарды шегере отырып, меншiк иесiне бередi.
      2. Аңшылық қаруды, атыс оқ-дәрiлерiн және аңшылықтың басқа да қаруларын өтемiн төлеп алып қоюды аң аулау өмiр сүруiнiң негiзгi заңды көзi болып табылатын адамдарға қолдануға болмайды.
      3. Өтемiн төлеп алып қою осы бөлiмнiң Ерекше бөлiмiнiң тиiстi бабында әкiмшiлiк жаза ретiнде көзделген жағдайларда да, тек қасақана құқық бұзушылық үшiн ғана қолданылуы мүмкiн.
      Ескерту. 49-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      50-бап. Әкiмшiлiк құқық бұзушылық жасау құралы не
               нысанасы болған затты, сондай-ақ әкiмшiлiк
               құқық бұзушылық жасау салдарынан алынған
               мүлiктi тәркiлеу

      1. Әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болған затты, сондай-ақ әкiмшiлiк құқық бұзушылық жасау салдарынан алынған мүлiктi тәркiлеу оларды заңнамада белгiленген тәртiппен мемлекет меншiгiне мәжбүрлеп өтеусiз өндiрiп алудан тұрады.
      Меншiк иесiне қайтарып беруге жататын не айналымнан алынған затты әкiмшiлiк құқық бұзушылық жасаған адамның заңсыз иелiгiнен алып қою тәркiлеу болып табылмайды. Айналымнан алынған зат мемлекет меншiгiне өндiрiп алынуға немесе жойылуға тиiс.
      2. Егер осы Кодекстің ерекше бөлігінде өзгеше көзделмесе, тәртiп бұзушының меншiгi болып табылатын зат қана тәркiленуге жатады.
      3. Аңшылық қаруды, оның оқ-дәрiлерiн және басқа да рұқсат етiлген аң аулау және балық аулау құралдарын тәркiлеудi аң аулау (балық аулау) өмiр сүруiнiң негiзгi заңды көзi болып табылатын адамдарға қолдануға болмайды.
      4. Тәркiлеудi судья қолданады және ол осы бөлiмнiң ерекше бөлiмiнiң тиiстi бабында әкiмшiлiк жаза ретiнде көзделген жағдайларда тағайындалуы мүмкiн.
      Ескерту. 50-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен, өзгеріс енгізілді - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      51-бап. Арнаулы құқықтан айыру

      1. Нақты адамға берiлген арнаулы құқықтан айыру осы құқықты пайдалану тәртiбiнiң өрескел немесе үнемi бұзылғаны үшiн қолданылады.
      2. Арнаулы құқықтан айыруды судья қолданады.
      3. Көлік құралдарын жүргізу құқығын қоспағанда, арнаулы құқықтан айыру мерзімі бір айдан кем болмауға және екі жылдан аспауға тиіс.
      3-1. Көлік құралдарын жүргізу құқығынан айыру мерзімі алты айдан он жылға дейін болуы мүмкін.
      3-2. Алкогольден, есірткіден және (немесе) уытқұмарлықтан мас күйінде көлік құралдарын жүргізгені үшін құқықтан айыру мерзімі үш жылдан он жылға дейін болуы мүмкін.
      4. Көлiк құралын масаң күйде жүргiзу, масаң күйдi куәландырудан белгiленген тәртiппен өтуден жалтару, сондай-ақ аталған адамдардың белгiленген ережелердi бұза отырып, өздерi қатысушысы болған жол-көлiк оқиғалары болған жерден кетiп қалу жағдайларын қоспағанда, көлiк құралдарын жүргiзу құқығынан айыруды, бұл құралдарды мүгедектiгiне байланысты пайдаланатын адамдарға қолдануға болмайды.
      5. Аң аулау, балық аулау құқығынан, аң аулау қаруларын, оның оқ-дәрiлерiн және балық аулау құралдарын сақтау мен алып жүру құқығынан айыруды, осы құқықты пайдалану тәртiбiн үнемi бұзушылықты қоспағанда, аң аулау (балық аулау) өмiр сүруiнiң негiзгi заңды көзi болып табылатын адамдарға қолдануға болмайды.
      Ескерту. 51-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін  2-баптан қараңыз); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      52-бап. Лицензиядан, арнаулы рұқсаттан, бiлiктiлiк
               аттестатынан (куәлiктен) айыру не белгiлi бiр
               қызмет түрiне не белгiлi бiр iс-әрекеттер
               жасауға оның қолданылуын (оны) тоқтата тұру,
             оның ішінде тізілімнен алып тастау

      Ескерту. 52-баптың тақырыбына өзгеріс енгізілді - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      1. Жеке тұлғаларды, дара кәсiпкерлердi, жеке нотариустарды, жеке сот орындаушыларын, адвокаттарды және заңды тұлғаларды белгiлi бiр қызмет түрiне не белгiлi бiр iс-әрекеттер жасауға лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiктен) айыруды судья аталған адамдардың қызметтi жүзеге асыруы не лицензияда, арнаулы рұқсатта, бiлiктiлiк аттестатында (куәлiкте) көзделген белгiлi бiр iс-әрекеттердi жасауы кезiндегi әкiмшiлiк құқық бұзушылығы үшiн қолдануы мүмкiн.
      2. Белгiлi бiр қызмет түрiне не белгiлi бiр iс-әрекеттер жасауға лицензияның қолданылуын тоқтата тұру немесе арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiктен) уақытша айыру алты айға дейiнгi мерзiмге белгiленедi.
      3. алып тасталды - ҚР 2006.01.20 N 123 Заңымен.
      4. Кредиттік бюроны қоспағанда, қаржы саласындағы қызметті және қаржы ресурстарын шоғырландырумен байланысты қызметті жүзеге асыруға арналған лицензиядан айыруды Қазақстан Республикасының Ұлттық Банкі  Қазақстан Республикасының заңдарында белгіленген негіздер мен тәртіп бойынша жүзеге асырады.
      5. Тiзiлiмнен алып тастауды Қазақстан Республикасының кеден заңнамасында белгiленген негiздер бойынша және тәртiппен кеден iсi саласындағы уәкiлеттi орган және Қазақстан Республикасының жол жүрісі қауіпсіздігі саласындағы заңнамасында белгiленген негiздер бойынша және тәртiппен көлік және коммуникация саласындағы уәкілетті орган, сондай-ақ жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті орган жүзеге асырады.
      6. Микроқаржы ұйымдарының тізілімінен алып тастауды қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөніндегі уәкілетті орган Қазақстан Республикасының микроқаржы ұйымдары туралы заңнамасында белгіленген негіздер бойынша және тәртіппен жүзеге асырады.
      Ескерту. 52-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.01.12. N 222 (жарияланған күнінен бастап алты ай өткеннен кейін қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2011.01.24 N 399-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.11.26 N 57-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      53-бап. Жеке кәсiпкердiң немесе заңды тұлғаның қызметiн
               немесе қызметiнiң жекелеген түрлерiн тоқтата
               тұру не оған тыйым салу

      1. Жеке кәсiпкердiң немесе заңды тұлғаның қызметiн немесе қызметiнiң жекелеген түрлерiн тоқтата тұру немесе оған тыйым салу әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органның (лауазымды адамның) өтiнiшi бойынша тек сот тәртiбiмен ғана жүргiзiледi.
      2. Жеке кәсiпкердiң немесе заңды тұлғаның қызметiн немесе қызметiнiң жекелеген түрлерiн тоқтата тұру немесе оған тыйым салу туралы талап қою өтiнiшi Қазақстан Республикасының заң актiлерiнде белгiленген тәртiппен және негiздерде сотқа жiберiледi. Өтiнiштi сот он күн мерзiмде қарайды.
      3. Жеке кәсiпкердiң немесе заңды тұлғаның қызметiн немесе қызметiнiң жекелеген түрлерiн тоқтата тұру түрiндегi әкiмшiлiк жазалау шарасы бұзушылықты жою үшiн сот белгiлеген мерзiмде қажеттi iс-әрекеттер (iс-шаралар) жүргiзу арқылы оны жоюға болатын жағдайларда қолданылады.
      4. Жеке кәсiпкердiң немесе заңды тұлғаның қызметiн немесе қызметiнiң жекелеген түрлерiн тоқтата тұруға немесе оған тыйым салуға, сот шешiмiнсiз ерекше жағдайларда, талап қою өтiнiшiн сотқа белгiленген мерзiмде мiндеттi түрде табыс ету арқылы үш күннен аспайтын мерзiмге жол берiледi. Бұл орайда қызметке тыйым салу немесе оны тоқтата тұру актiсi сот шешiмi шығарылғанға дейiн қолданылады.
      5. алып тасталды - ҚР 2006.01.20 N 123 Заңымен.
      6. Жеке меншік тауарларын сақтау қоймасы иесінің қызметін тоқтата тұруды Қазақстан Республикасының кеден заңнамасында белгіленген негіздер бойынша және тәртіппен кеден ісі саласындағы уәкілетті орган жүзеге асырады.
      Ескерту. 53-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңдарымен.

      54-бап. Заңсыз салып жатқан немесе салынған құрылысты
               мәжбүрлеп бұзып тастау

       Заңсыз салып жатқан немесе салынған құрылысты мәжбүрлеп бұзуды, осы бөлiмнiң Ерекше бөлiмiнiң баптарында көзделген жағдайларда, судья тағайындайды.
      Ескерту. 54-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      55-бап. Әкiмшiлiк қамауға алу

      1. Әкімшілік қамауға алуды судья ерекше жағдайларда осы бөлімнің ерекше бөлігінің баптарында көзделген шектерде қырық бес тәулікке дейінгі мерзімге тағайындайды.
      2. алып тасталды - ҚР 2006.01.20 N 123 Заңымен.
      3. Жүктi әйелдерге және он төрт жасқа дейiнгi балалары бар әйелдерге, он сегiз жасқа толмаған адамдарға, I және II топтардағы мүгедектерге, сондай-ақ елу сегiз жастан асқан әйелдер мен алпыс үш жастан асқан еркектерге әкiмшiлiк қамауға алуды қолдануға болмайды.
      4. Әкiмшiлiк ұстау мерзiмi әкiмшiлiк қамауға алу мерзiмiне қосылады.
      Ескерту. 55-бапқа өзгеріс енгізілді - ҚР 2003.09.25 N 484 , 2004.12.09 N 10 , 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.06.29 N 270, 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      56-бап. Шетелдiктердi немесе азаматтығы жоқ адамдарды
               Қазақстан Республикасының шегiнен әкiмшiлік
               жолмен кетiру

      1. Шетелдiктер мен азаматтығы жоқ адамдарды Қазақстан Республикасының шегiнен әкiмшілік жолмен кетiрудi судья осы Кодекстің ерекше бөлiмiнде көзделген тәртiп пен негiздер бойынша әкiмшiлiк жазалау шарасы ретiнде қолданады.
      Осы бөліктің ережелері шетелдіктерді немесе азаматтығы жоқ адамдарды Қазақстан Республикасының азаматтық іс жүргізу заңнамасында көзделген тәртіппен жүзеге асырылатын шығарып жіберу жағдайында қолданылмайды.
      2. Егер әкiмшілік iс жүргiзу барысында Қазақстан Республикасының шегiнен әкiмшілiк жолмен кетiру түрiндегi әкiмшілік жазалау шарасы қолданылуы мүмкiн адам, өзiне қатысты Қазақстан Республикасының Қылмыстық кодексiне сәйкес ауыр немесе аса ауыр қылмыс болып танылатын әрекет жасалғаны туралы хабарласа, онда осы адамға қатысты әкiмшiлiк құқық бұзушылық туралы iстi қарау Қазақстан Республикасы Қылмыстық iс жүргiзу кодексiнiң 185-бабында белгiленген тәртiппен хабарлама немесе өтiнiш бойынша шешiм қабылданғанға дейiн кейiнге қалдырылады.
      Ескерту. 56-бап жаңа редакцияда - ҚР 2006.03.02 N 131, өзгеріс енгізілді -  2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      57-бап. Әкiмшiлiк-құқықтық ықпал ету шаралары

      1. Әкiмшiлiк құқық бұзушылық жасаған адамға әкiмшiлiк жаза қолданумен қатар осы адамның жаңадан құқық бұзушылық жасауының алдын алу мақсатында әкiмшiлiк-құқықтық ықпал етудiң мынадай шаралары қолданылуы мүмкiн:
      1) жол жүрiсi ережелерiн бiлуiн тексеру;
      2) медициналық сипаттағы мәжбүрлеу шаралары;
      3) құқық бұзушының мінез-құлқына ерекше талаптар белгілеу.
      2. Осы баптың бiрiншi бөлiгiнiң 1), 2) және 3) тармақшаларында аталған әкiмшiлiк құқықтық ықпал ету шаралары әкiмшiлiк жаза тағайындаумен қатар, сондай-ақ әкiмшiлiк құқық бұзушылық жасаған адамды осы Кодекстiң 67, 68-баптарында көзделген негiздер бойынша әкiмшiлiк жауаптылықтан босату кезiнде соның орнына қолданылуы мүмкiн.
      Ескерту. 57-бапқа өзгерістер енгізілді - ҚР 2010.04.29 № 272-IV; 18.02.2014 № 175-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      58-бап. Жол жүрiсi ережелерiн бiлуiн тексеру

      Осы Кодекстің 461 (сегізінші бөлігінде), 461-1 (екінші бөлігінде), 462 (төртінші бөлігінде), 463 (төртінші бөлігінде),  463-1 (төртінші бөлігінде), 463-2 (төртінші бөлігінде), 463-3 (төртінші бөлігінде), 463-4 (бесінші және алтыншы бөліктерінде), 463-5 (үшінші бөлігінде),  463-6 (екінші бөлігінде), 463-7 (екінші бөлігінде), 463-8 (екінші бөлігінде), 464 (екінші бөлігінде)-баптарында көзделген құқық бұзушылықтарды жасаған көлік құралдарының жүргізушілері жол жүрісі ережелерін білуін тексеру үшін емтихан тапсыруға жіберіледі.
      Жол жүрісі ережелерін білуін тексеруге жіберу туралы қаулыны осы Кодекстің аталған баптарында көзделген әкімшілік құқық бұзушылықтар туралы істерді қарауға уәкілетті органдар (лауазымды адамдар) шығарады.
      Ескерту. 58-бап жаңа редакцияда - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен; өзгеріс енгізілді - ҚР 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      59-бап. Әкiмшiлiк құқық бұзушылық жасаған маскүнемдiкпен,
               нашақорлықпен немесе уытқұмарлықпен ауыратындарға
               медициналық сипаттағы мәжбүрлеу шараларын қолдану

      1. Созылмалы маскүнемдiкпен, нашақорлықпен немесе уытқұмарлықпен ауырады деп танылған және өз еркiмен емделуден жалтарған адам басқа жеке тұлғалардың құқықтарын не қоғамдық тәртiптi бұзатын әкiмшiлiк құқық бұзушылық жасаған жағдайда, сот әкiмшiлiк жазамен қатар оған денсаулық сақтау органдарының мамандандырылған мекемесiнде мәжбүрлеп емдеу жазасын тағайындауы мүмкiн.
      2. Мәжбүрлеп емдеу мерзiмi маман наркологтардың ұсыныстары ескерiле отырып белгiленедi, бiрақ ол екi жылдан аспауға тиiс.
      3. Мәжбүрлеп емдеудi тоқтатуды сол адам емделiп жатқан емдеу мекемесi жүргiзедi.
      Ескерту. 59-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      59-1-бап. Құқық бұзушының мінез-құлқына ерекше талаптар
                 белгілеу

      1. Әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізуге қатысушылардың және (немесе) ішкі істер органдарының өтінішхаты бойынша әкімшілік құқық бұзушылық туралы істі қарау кезінде сот осы Кодекстің 79-1, 79-3, 79-5, 111-1, 112, 332, 355-1-баптарында көзделген әкімшілік құқық бұзушылықты жасаған адамның мінез-құлқына бір жылға дейінгі мерзімге:
      1) жәбірленушінің отбасының кәмелетке толмаған және (немесе) әрекетке қабілетсіз мүшелерін қоса алғанда, оның еркіне қарамастан, оны іздестіруге, оның ізіне түсуге, оған баруға, онымен ауызша, телефон арқылы сөйлесуге және өзге де тәсілдермен байланыс жасауға;
      2) атыс қаруын және қарудың басқа да түрлерін сатып алуға, сақтауға, алып жүруге және пайдалануға толық көлемде немесе жеке-жеке тыйым салуды көздейтін ерекше талаптар белгілеуі мүмкін.
      2. Отбасы-тұрмыстық қатынастар аясында әкімшілік құқық бұзушылық жасаған адамның мінез-құлқына ерекше талаптар белгіленген кезде жәбірленуші мен оның отбасы мүшелерін күзету және қорғау үшін сот ерекше жағдайларда тұрмыстық зорлық-зомбылық жасаған адамға осы адамның басқа да тұрғын жайы болған жағдайда, жәбірленушімен бірге жеке тұрғын үйде, пәтерде немесе өзге де тұрғын жайда тұруға тыйым салу түрінде әкімшілік-құқықтық ықпал ету шарасын отыз тәулікке дейінгі мерзімге қолдануға құқылы.
      2. Құқық бұзушының мінез-құлқына ерекше талаптардың қолданылу мерзімі ішінде оған профилактикалық әңгімелесу үшін айына бір реттен төрт ретке дейін ішкі істер органдарына келу міндеті жүктелуі мүмкін.
      Ескерту. Кодекс 59-1-баппен толықтырылды - ҚР 2010.04.29 № 272-IV Заңымен; жаңа редакцияда - ҚР 18.02.2014 № 175-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

7-тарау. ӘКIМШIЛIК ЖАЗА ҚОЛДАНУ

      60-бап. Әкiмшiлiк құқық бұзушылық үшiн жаза қолданудың
               жалпы ережелерi

      1. Әкiмшiлiк құқық бұзушылық үшiн жаза осы әкiмшiлiк құқық бұзушылық үшiн осы бөлiмнiң Ерекше бөлiмiнiң бабында көзделген шекте, осы Кодекстiң ережелерiне дәл сәйкестiкте қолданылады.
      2. Әкiмшiлiк жаза әдiл, құқық бұзушылықтың сипатына, оның жасалу мән-жайларына, құқық бұзушының жеке басына сай келетiн болуға тиiс.
      3. Жеке адамға әкiмшiлiк жаза қолдану кезiнде жасалған әкiмшiлiк құқық бұзушылықтың сипаты, кiнәлiнiң жеке басы, соның iшiнде оның құқық бұзушылық жасағанға дейiнгi және одан кейiнгi мiнез-құлқы, мүлiктiк жағдайы, жауаптылықты жеңiлдететiн және ауырлататын мән-жайлар ескерiледi.
      4. Заңды тұлғаға әкiмшiлiк жаза қолданған кезде әкiмшiлiк құқық бұзушылықтың сипаты, мүлiктiк жағдайы, жауаптылықты жеңiлдететiн және ауырлататын мән-жайлар ескерiледi.
      5. Әкiмшiлiк жаза қолдану адамды, орындалмағаны үшiн аталған жаза қолданылған мiндеттердi атқарудан, жол берiлген бұзушылықты жоюдан және зиянды өтеуден босатпайды.
      6. Бiр әкiмшiлiк құқық бұзушылық үшiн бiр негiзгi не негiзгi және қосымша әкiмшiлiк жазалардың қолданылуы мүмкiн.

      61-бап. Әкiмшiлiк құқық бұзушылық үшiн жауаптылықты
              жеңiлдететiн мән-жайлар

      1. Мыналар әкiмшiлiк құқық бұзушылық үшiн жауаптылықты жеңiлдететiн мән-жайлар болып танылады:
      1) кiнәлi адамның өкiнуi;
      2) әкімшілік құқық бұзушылық жасаған адамның құқық бұзушылықтың зиянды зардаптарын болғызбауы, залалды өз еркiмен өтеуi немесе келтiрiлген зиянды жоюы;
      3) әкiмшiлiк құқық бұзушылықты күштi жан толқынысының әсерiмен не жеке басының немесе отбасының ауыр жағдайлары салдарынан жасау;
      4) әкiмшiлiк құқық бұзушылықты кәмелетке толмаған адамның жасауы;
      5) әкiмшiлiк құқық бұзушылықты жүктi әйелдiң немесе үш жасқа дейiнгi баласы бар әйелдiң жасауы;
      6) әкiмшiлiк құқық бұзушылықты күш қолдану немесе психикалық мәжбүрлеу нәтижесiнде жасау;
      7) әкiмшiлiк құқық бұзушылықты қажеттi қорғанудың заңдылығы шарттарын бұзу, құқыққа қарсы қол сұғушылық жасаған адамды ұстау, бұйрықты немесе өкiмдi орындау кезiнде жасау;
      8) әкiмшiлiк құқық бұзушылықты алғаш рет абайсызда жасау.
      2. Әкiмшiлiк құқық бұзушылық туралы iстi қарайтын судья, орган (лауазымды адам) осы баптың бiрiншi бөлiгiнде аталмаған мән-жайларды да жеңiлдететiн мән-жайлар деп тануы мүмкiн.
      Ескерту. 61-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      62-бап. Әкiмшiлiк құқық бұзушылық үшiн жауаптылықты
              ауырлататын мән-жайлар

      Мыналар әкiмшiлiк құқық бұзушылық үшiн жауаптылықты ауырлататын мән-жайлар деп танылады:
      1) құқыққа қарсы мiнез-құлықты, прокурордың заңды түсiндiргенiне және (немесе) оны тоқтату туралы оған уәкiлеттi адамдардың талап етуiне қарамастан оны жалғастыра беру;
      2) бұрын жасаған әкiмшiлiк құқық бұзушылығы үшiн әкiмшiлiк жазалауға ұшыратылған, ол бойынша осы Кодекстiң 66-бабында көзделген мерзiмi бiтпеген адамның бiртектi әкiмшiлiк құқық бұзушылықты бiр жыл iшiнде қайталап жасауы;
      3) кәмелетке толмаған адамды әкiмшiлiк құқық бұзушылыққа тарту;
      4) кiнәлi адамның бiле тұра ауыр психикалық аурумен ауыратын адамдарды, не әкiмшiлiк жауаптылығы туындайтын жасқа жетпеген адамдарды әкiмшiлiк құқық бұзушылық жасауға тартуы;
      5) ұлттық, нәсiлдiк және дiни жек көрушiлiк немесе жауласушылық себебi бойынша, басқа адамдардың заңды әрекетi үшiн кек алу, сондай-ақ басқа құқық бұзушылықты жасыру немесе оның жасалуын жеңiлдету мақсатында әкiмшiлiк құқық бұзушылық жасау;
      6) адамға немесе оның жақындарына қатысты белгiлi бiр адамның өзiнiң қызметтiк, кәсiптiк немесе қоғамдық борышын орындауына байланысты әкiмшiлiк құқық бұзушылық жасау;
      7) кiнәлi адамның бiле тұра жүктi әйелдерге қатысты, сондай-ақ жас балаға, басқа да қорғансыз немесе дәрменсiз адамға не кiнәлiге тәуелдi адамға қатысты әкiмшiлiк құқық бұзушылық жасау;
      8) адамдар тобының әкiмшiлiк құқық бұзушылық жасауы;
      9) табиғи апат жағдайында немесе басқа да төтенше жағдайлар кезiнде әкiмшiлiк құқық бұзушылық жасау;
      10) маскүнемдiк, нашақорлық немесе уытқұмарлық масаю күйiнде әкiмшiлiк құқық бұзушылық жасау. Әкiмшiлiк жаза қолданатын судья, орган (лауазымды адам) әкiмшiлiк құқық бұзушылықтың сипатына қарай оны жауаптылықты ауырлататын мән-жай деп танымауы мүмкiн.
      Ескерту. 62-бапқа өзгеріс енгізілді - ҚР 2002.08.09 N 346 Заңымен.

      63-бап. Бiрнеше әкiмшiлiк құқық бұзушылық жасалған
              кезде әкiмшiлiк жазалар қолдану

      1. Бiр адам екi немесе одан да көп әкiмшiлiк құқық бұзушылық жасаған кезде әрбiр құқық бұзушылық үшiн жеке-жеке әкiмшiлiк жаза қолданылады.
      2. Егер адам бiрнеше әкiмшiлiк құқық бұзушылық жасап, ол iстердi бiр судья, орган (лауазымды адам) қараса, бұл адамға белгiлi бiр түрдегi жазалар қолданылған жағдайда, жазаның түпкiлiктi мөлшерiн жазаның осы түрi үшiн осы Кодексте белгiленген үш еселенген ең жоғарғы шегiнен асыруға болмайды. Әкiмшiлiк қамауға алудың ең ұзақ мерзiмi мұндай жағдайларда - отыз тәулiктен, ал төтенше жағдай режимiнiң талаптарын бұзғаны үшiн қолданылатын әкiмшiлiк қамауға алу қырық бес тәулiктен аспауға тиiс.
      3. Егер әкiмшiлiк айыппұлдар заң актiлерiнде белгіленген салық мiндеттемелерiнiң орындалмаған немесе тиiсiнше орындалмаған сомасының процентiмен көрсетiлген жағдайда, оларды бiрнеше әкiмшiлiк құқық бұзушылық жасағаны үшiн салған кезде, айыппұл әрбiр әкiмшiлiк құқық бұзушылық үшiн бөлек өндiрiлiп алынады.
      Ескерту. 63-бапқа өзгеріс енгізілді - ҚР 2003.12.05 N 506 Заңымен.

      64-бап. Әкiмшiлiк құқық бұзушылықтан келтiрiлген зиянды
               өтеу

       1. Судья мүлiктiк зиян келтiрген әкiмшiлiк құқық бұзушылық туралы iстi қарай келiп, егер зиянның мөлшерi туралы дау болмаса, әкiмшiлiк жаза қолдану туралы мәселенi шешумен бiр мезгiлде осындай зиянды өндiрiп алады.
      Әкiмшiлiк құқық бұзушылықтан келтiрiлген мүлiктiк зиянның мөлшерi туралы даулар азаматтық сот iсiн жүргiзу тәртiбiмен қаралады.
      2. Өзге уәкiлеттi органдар (лауазымды адамдар) қарайтын әкiмшiлiк құқық бұзушылық туралы iстер бойынша мүлiктiк зиянды өтеу, кiнәлi адам оны өз еркiмен өтеуден бас тартқан жағдайда, азаматтық сот iсiн жүргiзу тәртiбiмен жүргiзiледi.
      3. Іскерлiк беделдi қорғау немесе әкiмшiлiк құқық бұзушылықтан келтiрiлген моральдық зиянды өтеу туралы талаптар Қазақстан Республикасының Азаматтық кодексiнде көзделген негiздемелер бойынша азаматтық сот iсiн жүргiзу тәртiбiмен қаралады.
      Ескерту. 64-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      65-бап. Әкiмшiлiк жаза мерзiмдерiн есептеу

      Әкiмшiлiк қамауға алу мерзiмi тәулiктермен, ал жеке адамға немесе заңды тұлғаға берiлген арнаулы құқықтан айыру, сондай-ақ лицензиядан (арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiктен) айыру немесе оның қолданылуын қызметтiң белгiлi бiр түрiне не белгiлi бiр iс-әрекеттердi жасауға тоқтата тұру мерзiмi - жылдармен, айлармен немесе күнтiзбелiк күндермен есептеледi.

      66-бап. Адам әкiмшiлiк жазаға ұшырады деп есептелетiн
              мерзiм

      Әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жаза қолданылған адам әкiмшiлiк жаза қолдану туралы қаулының орындалуы аяқталған күннен бастап бiр жылдың iшiнде осы жазаға ұшырады деп есептеледi.

8-тарау. ӘКIМШIЛIК ЖАУАПТЫЛЫҚТАН ЖӘНЕ ӘКIМШIЛIК ЖАЗАДАН
БОСАТУ

      67-бап. Iс-әрекетiмен өкiнгендiгiн бiлдiруiне
              байланысты әкiмшiлiк жауаптылықтан босату

      Әкiмшiлiк құқық бұзушылықты бiрiншi рет жасаған адамды, егер бұл адам құқық бұзушылық жасағаннан кейiн келтiрiлген залалды өз еркiмен өтесе немесе құқық бұзушылықпен келтiрiлген залалды өзге де жолмен ретке келтiрсе, судья, әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) әкiмшiлiк жауаптылықтан босатуы мүмкiн.

      68-бап. Құқық бұзушылық елеусiз болған жағдайда
              әкiмшiлiк жауаптылықтан босату

      Әкiмшiлiк құқық бұзушылықпен келтiрiлген зиян елеусiз болған жағдайда судья, әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) әкiмшiлiк құқық бұзушылық жасаған адамды, ауызша ескерту жасаумен шектелiп, әкiмшiлiк жауаптылықтан босата алады.
      Ескертулер.
      Әкiмшiлiк құқық бұзушылықтың елеусiздiгi – бұл басқа мән-жайлармен қатар осы бөлiмнiң ерекше бөлiмiнiң баптарында көзделген санкцияның әкiмшiлiк құқық бұзушылықпен келтiрiлген зиян мөлшерiнен асып кететiндiгi ескерiлетiн жағдайлар.
      Мүліктік емес сипаттағы зиян келтірген құқық бұзушылық жасағаны үшін тұлғаны көрсетілген негіздер бойынша жауаптылықтан босату туралы мәселені шешкен кезде қол сұғу объектісін, құқық бұзушылықты жасаудың нақты мән-жайларын негізге алу керек.
      Ескерту. 68-бапқа өзгеріс енгізілді - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      69-бап. Ескiру мерзiмiнiң өтуiне байланысты әкiмшiлiк
              жауаптылықтан босату

      1. Адам әкiмшiлiк құқық бұзушылық жасалған күннен бастап екi ай өткеннен кейiн, ал қоршаған ортаны қорғау саласында әкiмшiлiк құқық бұзушылық жасағаны үшiн - оны жасаған күннен бастап бір жыл өткеннен кейiн, осы Кодексте көзделген жағдайларды қоспағанда, әкiмшiлiк жауаптылыққа тартылуға тиiс емес.
      2. Жеке тұлға әкiмшiлiк сыбайлас жемқорлық құқық бұзушылық, сондай-ақ салық салу, кеден ісі саласында, Қазақстан Республикасының зейнетақымен қамсыздандыру туралы, мiндеттi әлеуметтiк сақтандыру туралы, энергия үнемдеу және энергия тиімділігін арттыру, табиғи монополиялар туралы заңнамасы мен монополияға қарсы заңнамасы саласында құқық бұзушылық жасағаны үшiн оны жасаған күннен бастап бiр жыл өткен соң әкiмшiлiк жауаптылыққа тартылуға жатпайды, ал заңды тұлға (оның iшiнде дара кәсiпкер) әкiмшiлiк сыбайлас жемқорлық құқық бұзушылық, сондай-ақ Қазақстан Республикасының энергия үнемдеу және энергия тиімділігін арттыру туралы заңнамасы саласында құқық бұзушылық жасағаны үшін оны жасаған күннен бастап үш жыл өткен соң, ал салық салу, кеден ісі саласында, Қазақстан Республикасының зейнетақымен қамсыздандыру туралы, мiндеттi әлеуметтiк сақтандыру, табиғи монополиялар туралы заңнамасы мен монополияға қарсы заңнамасы саласында құқық бұзушылық жасағаны үшiн оны жасаған күннен бастап бес жыл өткен соң әкiмшiлiк жауаптылыққа тартылуға жатпайды.
      3. Созылып кеткен әкiмшiлiк құқық бұзушылық кезiнде, сондай-ақ бюджеттік қатынастар саласында қоғамның және мемлекеттiң заңмен қорғалатын мүдделерiне қол сұғылатын әкiмшiлiк құқық бұзушылық жасаған кезде адам әкiмшiлiк құқық бұзушылық анықталған күннен бастап екi ай өткен соң әкiмшiлiк жауаптылыққа тартылуға жатпайды.
      Қаржы саласында әкiмшiлiк құқық бұзушылық жасалған кезде адам әкiмшiлiк құқық бұзушылық жасалған күннен бастап бес жылдан кешiктiрiлмей әкiмшiлiк жауаптылыққа тартуға жатады, бiрақ әкiмшiлiк құқық бұзушылық анықталған күннен бастап екi ай өткен соң әкiмшiлiк жауаптылыққа тартылмайды.
      4. Осы баптың бiрiншi және үшiншi бөлiктерiнiң ережелерi әкiмшiлiк құқық бұзушылық қылмыстың жасалуына септiгiн тигiзген және бұл туралы қылмыстық iстi тергеу немесе сотта қарау барысында мәлiм болған жағдайларға қолданылмайды. Сот Қазақстан Республикасының Қылмыстық iс жүргiзу кодексiнiң 387-бабының бiрiншi бөлiгiнде көзделген тәртiппен мұндай құқық бұзушылыққа кiнәлi адамға, егер әкiмшiлiк құқық бұзушылық жасалған кезден бастап бiр жылдан аспайтын уақыт өткен болса, әкiмшiлiк жаза қолдануға құқылы.
      4-1. Әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жаза қолдану мерзiмiнiң барысы iстi сот инстанцияларына немесе әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi мемлекеттiк органның лауазымды адамына жiберген кезден бастап тоқтатыла тұрады.
      Бұл мерзімдерді есептеу әкімшілік құқық бұзушылық туралы істі қозғауға уәкiлеттi органға кемшiлiктердi жою үшiн іс қайтарылған жағдайларда қайтадан басталады.
      5. Құқық бұзушының iс-әрекетiнде әкiмшiлiк құқық бұзушылық белгiлерi болған кезде қылмыстық iс қозғаудан бас тартылған не қылмыстық iс қысқартылған жағдайда адам қылмыстық iс қозғаудан бас тартылған не оны қысқарту туралы шешiм қабылданған күннен бастап үш айдан кешiктiрiлмей әкiмшiлiк жауаптылыққа тартылуы мүмкiн.
      6. Егер осы баптың бiрiншi және үшiншi бөлiктерiнде аталған мерзiмдер аяқталғанға дейiн адам жаңадан әкiмшiлiк құқық бұзушылық жасаса, әкiмшiлiк құқық бұзушылық үшiн жаза қолдану мерзiмiнiң өтуiне үзiлiс жасалады. Мұндай жағдайларда мерзiмдi есептеу жаңа әкiмшiлiк құқық бұзушылық анықталған кезден басталады.
      7. Судьяның немесе уәкiлеттi органның әкiмшiлiк iс жүргiзудi тоқтату туралы қаулысы осы баптың бiрiншi бөлiгiнде көзделген мерзiмге қарамастан, ол заңды күшiне енген күнiнен бастап бiр жыл iшiнде прокурордың наразылығы бойынша қайта қаралуы мүмкiн.
      Ескерту. Осы бөлiмнiң Ерекше бөлiмiнiң бабында көзделген белгiлi бiр әрекеттiң бiрыңғай құрамының үздiксiз жүзеге асырылуымен сипатталатын және оны анықтаған кезде аяқталмаған құқық бұзушылық созылып кеткен құқық бұзушылық деп танылады.
      Ескерту. 69-бапқа өзгерістер енгізілді - ҚР 2002.08.09 N 346, 2003.09.25 N 484, 2003.12.05 N 506, 2004.12.09 N 10, 2004.12.13 N 11 (күшіне ену тәртібін 2-баптан қараңыз), 2006.07.07 N 174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      70-бап. Әкiмшiлiк жауаптылықтан және әкiмшiлiк жазадан
              рақымшылық жасау актiсi негiзiнде босату

      1. Әкiмшiлiк құқық бұзушылық жасаған адам әкiмшiлiк жауаптылықтан немесе қолданылған әкiмшiлiк жазадан рақымшылық жасау актiсi негiзiнде, егер ол әкiмшiлiк жаза қолдануды жоятын болса, босатылуы мүмкiн.
      2. Рақымшылық жасау туралы актiнi Қазақстан Республикасының Парламентi жеке белгiлi емес адамдар тобына қатысты шығарады.
      Ескерту. 70-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      71-бап. Жағдайдың өзгеруiне, науқастануға байланысты
              әкiмшiлiк жауаптылықтан босату

      Әкiмшiлiк құқық бұзушылық белгiлерi бар әрекет жасаған адам жағдайдың өзгеруiне, сондай-ақ әкiмшiлiк жазаны орындауға кедергi келтiретiн науқасына байланысты әкiмшiлiк жауаптылықтан босатылуы мүмкiн.

      71-1-бап. Тараптардың бiтiмгершiлiкке келуiне байланысты
                 әкiмшiлiк жауаптылықтан босату

      1. Осы Кодекстiң 9-1-тарауында, сондай-ақ 84-1 (бірінші бөлігі), 85-3, 131, 136-2, 158, 158-1, 158-2, 174 (үшiншi бөлiгi)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстер жәбiрленушiнiң өтiнiшi бойынша ғана қозғалады және ол әкiмшiлiк құқық бұзушылық жасаған адаммен бiтiмгершiлiкке келгеннен кейiн тоқтатылуға жатады.
      2. Бiтiмгершiлiкке келу жәбiрленушi мен әкiмшiлiк құқық бұзушылық жасаған адам қол қойған жазбаша келiсiм негiзiнде жүзеге асырылады.
      Ескерту. 71-1-баппен толықтырылды - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 21.05.2013 № 95-V (алғашқы ресми жарияланғанынан кейiн алты ай өткен соң қолданысқа енгiзiледi) Заңдарымен.

9-тарау. КӘМЕЛЕТКЕ ТОЛМАҒАНДАРДЫҢ ӘКIМШIЛIК ЖАУАПТЫЛЫҒЫ

      72-бап. Кәмелетке толмағандардың әкiмшiлiк жауаптылығы

      1. Әкiмшiлiк құқық бұзушылық жасалған кезде он алты жасқа толған, бiрақ он сегiз жасқа толмаған адамдар осы тараудың күшi қолданылатын кәмелетке толмағандар деп танылады.
      2. Әкiмшiлiк құқық бұзушылық жасаған кәмелетке толмағандарға тәрбиелік ықпал етудің мәжбүрлеу шаралары қолданыла отырып, әкiмшiлiк жаза тағайындалуы мүмкiн.
      Ескерту. 72-бапқа өзгеріс енгізілді - ҚР 2010.04.29 № 272-IV Заңымен.

      73-бап. Кәмелетке толмағандарға әкiмшiлiк жазалар
              қолданудың ерекшелiктерi

      1. Кәмелетке толмаған адамға салынатын әкiмшiлiк айыппұлдың мөлшерi осы Кодекстiң ерекше бөлiмiнiң бабында көзделген айыппұл мөлшерiне қарамастан, айлық есептiк көрсеткiштiң бестен бiр бөлiгiнен кем болмауға және он айлық есептiк көрсеткiштен аспауға тиiс.
      Айыппұл кәмелетке толмаған адамда бар мүлiктiң есебiнен төленедi. Кәмелетке толмаған адамның айыппұл төлеуге жеткiлiктi мүлкi болмаған жағдайда, айыппұл ата-анасына немесе олардың орнындағы адамдарға салынады.
      2. Арнаулы құқықтан айыру кәмелетке толмағандарға бiр жылдан аспайтын мерзiмге қолданылуы мүмкiн.
      3. Әкiмшiлiк жазалардың басқа да түрлерi (әкiмшiлiк қамауға алуды қоспағанда), сондай-ақ осы Кодекстiң 45 және 57-баптарында аталған әкiмшiлiк-құқықтық ықпал ету шаралары әкiмшiлiк құқық бұзушылық жасауда кiнәлi кәмелетке толмағандарға жалпы негiздерде қолданылады.
      Ескерту. 73-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      74-бап. Кәмелетке толмаған адамға әкiмшiлiк жаза қолдану

      1. Осы Кодекстiң 61 және 62-баптарында көзделген мән-жайлардан басқа, кәмелетке толмаған адамға әкiмшiлiк жаза қолданған кезде оның өмiр сүру және тәрбиелену жағдайлары, психикалық даму деңгейi, жеке басының өзге де ерекшелiктерi, сондай-ақ оған жасы үлкен адамдардың әсер етуi ескерiледi.
      2. Кәмелетке толмаған жас басқа да жеңiлдететiн және ауырлататын мән-жайлармен жиынтықта жеңiлдететiн мән-жай ретiнде ескерiледi.

      75-бап. Кәмелетке толмағандарды әкiмшiлiк жауаптылықтан
              және әкiмшiлiк жазадан босату

      Әкiмшiлiк құқық бұзушылықты бiрiншi рет жасаған кәмелетке толмаған адамды сот, әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) оған заңдарда көзделген тәрбиелiк ықпал ету шараларын қолдана отырып, әкiмшiлiк жауаптылықтан немесе тағайындалған әкiмшiлiк жазаны орындаудан босатуы мүмкiн.
      Ескерту. 75-бапқа өзгеріс енгізілді - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен.

      76-бап. Тәрбиелiк ықпал ету шаралары

      1. Кәмелетке толмаған балаға тәрбиелік ықпал етудің мынадай шаралары тағайындалуы мүмкін:
      1) заңды түсіндіру;
      2) ата-аналарының немесе олардың орнындағы адамдардың не мамандандырылған мемлекеттік органның қадағалауына беру;
      3) келтірілген зиянның есесін толтыру міндетін жүктеу;
      4) бос уақытын шектеу және кәмелетке толмаған баланың мінез-құлқына ерекше талаптар белгілеу.
      2. Кәмелетке толмаған балаға бір мезгілде тәрбиелік ықпал етудің бірнеше шаралары тағайындалуы мүмкін.
      3. Осы баптың бірінші бөлігінің 4) тармақшасында көзделген тәрбиелік ықпал ету шараларын қолдану мерзімі үш айға дейінгі уақытқа белгіленеді.
      4. Кәмелетке толмаған бала осы баптың бірінші бөлігінің 4) тармақшасында көзделген тәрбиелік ықпалы бар мәжбүрлеу шараларын жүйелі түрде орындамаған жағдайда, мамандандырылған мемлекеттік орган, егер осы Кодекстің 703-бабының 1-тармағында белгіленген ескіру мерзімі өтпеген болса, бұл шараның күшін жою және кәмелетке толмаған баланы әкімшілік жауаптылыққа тарту мәселесін шешу үшін материалдарды сотқа ұсынады.
      Ескерту. 76-бап жаңа редакцияда - ҚР 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      77-бап. Тәрбиелiк ықпал ету шараларының мазмұны

      1. Заңды түсiндiру кәмелетке толмаған адамға оның әрекетiмен келтiрiлген зиянды және осы Кодексте көзделген құқық бұзушылықтарды қайталап жасаудың заңдық салдарын түсiндiруден тұрады.
      2. Қадағалауға беру ата-аналарға немесе олардың орнындағы адамдарға, не мамандандырылған мемлекеттiк органға кәмелетке толмаған адамға тәрбиелiк ықпал ету және оның мiнез-құлқына бақылау жасау жөнiндегi мiндеттердi жүктеуден тұрады.
      3. Келтiрiлген зиянды жөнге келтiру мiндетi кәмелетке толмаған адамның мүлiктiк жағдайы мен тиiстi еңбек дағдыларының болуы ескерiле отырып жүктеледi.
      4. Бос уақытын шектеу және кәмелетке толмаған адамның мiнез-құлқына ерекше талаптар белгiлеу белгiлi бiр орындарға баруға, бос уақытын өткiзудiң белгiлi бiр нысандарын, оның iшiнде көлiк құралдарын пайдалануға, тәулiктiң белгiлi бiр уақытынан кейiн үйден тыс жерлерде болуға, кәмелетке толмағандардың құқықтарын қорғау жөнiндегi комиссияның рұқсатынсыз басқа жерлерге кетуге тыйым салуды көздеуi мүмкiн. Кәмелетке толмаған адамға қатысты құқық бұзушының мінез-құлқына осы Кодекстің 59-1-бабында көзделген ерекше талаптар белгіленуі, сондай-ақ, оқуды аяқтау не кәмелетке толмағандардың құқықтарын қорғау жөнiндегi комиссияның көмегiмен жұмысқа тұру талабы қойылуы мүмкiн. Бұл тiзбе осымен шектелмейдi.
      Ескерту. 77-бапқа өзгеріс енгізілді - ҚР 2010.04.29 № 272-IV Заңымен.

      78-бап. Ескiру мерзiмдерi

      Осы Кодекстiң 69-бабында көзделген ескiру мерзiмдерiнiң кәмелетке толмағандарды әкiмшiлiк жауаптылықтан немесе әкiмшiлiк жазаны орындаудан босату кезiнде жартысы қысқартылады.

      79-бап. Кәмелетке толмаған адам әкiмшiлiк жазаға
              ұшырады деп есептелетiн мерзiм

      Өзiне әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жаза қолданылған кәмелетке толмаған адам осындай жазаға әкiмшiлiк жаза қолдану туралы қаулының орындалуы аяқталған күннен бастап алты айдың iшiнде ұшырады деп есептеледi.

ЕРЕКШЕ БӨЛIМ

9-1-тарау. Жеке адамға қол сұғатын және отбасы-тұрмыстық
қатынастар саласындағы әкiмшiлiк құқық бұзушылықтар

      Ескерту. 9-1-тараумен толықтырылды - ҚР 2004.12.09 N 10 Заңымен, тақырыбына өзгеріс енгізілді - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен.

      79-1-бап. Ұрып-соғу

      1. Денені ауыртқан, бірақ денсаулыққа жеңіл зиян келтіруге әкеп соқпаған ұрып-соғу немесе өзге де зорлық әрекеттерін жасау -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға не он тәулік мерзімге әкімшілік қамаққа алуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер -
      он бес тәулік мерзімге әкімшілік қамаққа алуға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген, осы Кодекстің 55-бабының үшінші бөлігіне сәйкес әкімшілік қамақ қолданылмайтын адамдар жасаған әрекеттер -
      айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 79-1-бап жаңа редакцияда - ҚР 18.02.2014 № 175-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      79-2-бап.
      Ескерту. 79-2-бап алып тасталды - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      79-3-бап. Денсаулыққа зиян келтiру

      1. Денсаулыққа зиян келтiру, егер осы iс-әрекетте қылмыстық жазаланатын әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң елуден бір жүз елуге дейiнгі мөлшерiнде айыппұл салуға не он бес тәулiкке дейiн әкімшілік қамауға әкеп соғады.
      2. Денсаулықтың қысқа уақыт бұзылуына немесе жалпы еңбек қабілетін тұрақты түрде болмашы жоғалтуға әкеп соққан денсаулыққа қасақана жеңіл зиян келтiру -
      айлық есептiк көрсеткiштiң елуден үш жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 79-3-бап жаңа редакцияда - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      79-4-бап. Соз ауруын жұқтыру

      Өзiнде соз ауруы бар екендiгiн бiлген адамның басқа адамға осы ауруды жұқтыруы, егер бұл iс-әрекетте қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға не он бес тәулiкке дейiн қамауға әкеп соғады.

      79-5-бап. Отбасы-тұрмыстық қатынастар аясындағы құқыққа
                 қарсы әрекеттер
 
      1. Құқық бұзушымен отбасы-тұрмыстық қатынастардағы адамдарға сыйламаушылық көрсетіліп, былапыт сөйлеу, қорлап тиісу, кемсіту, үй тұрмысындағы заттарды бүлдіру және олардың тыныштығын бұзатын, жеке тұрғын үйде, пәтерде немесе өзге де тұрғын жайда жасалған басқа да әрекеттер, егер бұл әрекеттерде қылмыстық жаза қолданылатын іс-әрекет белгілері болмаса, -
      ескерту жасауға не үш тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
      1. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер -
      оннан он бес тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
      2. Осы баптың екінші бөлігінде көзделген, осы Кодекстің 55-бабының үшінші бөлігіне сәйкес әкімшілік қамақ қолданылмайтын адамдар жасаған әрекеттер -
      айлық есептік көрсеткіштің үштен беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Отбасы-тұрмыстық қатынастар деп ерлі-зайыптылар, бұрынғы ерлі-зайыптылар, бірге тұратын немесе бірге тұрған адамдар, жақын туыстар, ортақ баласы (балалары) бар адамдар арасындағы қатынастар түсініледі.
      Ескерту. 79-5-баппен толықтырылды - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 18.02.2014 № 175-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      79-6-бап. Еңбекке жарамсыз жұбайын (зайыбын) күтіп-бағудан
                 жалтару

      Еңбекке жарамды адамның сот шешімі бойынша еңбекке жарамсыз және материалдық көмекке мұқтаж жұбайын (зайыбын) күтіп-бағуға қаражат төлеуден үш айдан астам жалтаруы –
      айлық есептік көрсеткіштің бір жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға не отыз тәулікке дейін әкімшілік қамаққа алуға әкеп соғады.
      Ескерту. 9-1-тарау 79-6-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

10-тарау. ЖЕКЕ АДАМНЫҢ ҚҰҚЫҚТАРЫНА ҚОЛ СҰҒАТЫН ӘКIМШIЛIК
ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      80-бап. Қазақстан Республикасының азаматтығын алуға
              кедергi келтiру

      Лауазымды адамның Қазақстан Республикасының аумағында тұрақты тұратын адамның Қазақстан азаматтығын алуына кедергi келтiретiн заңсыз iс-әрекеттер жасауы, -
      айлық есептiк көрсеткiштiң оннан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      81-бап. Қазақстан Республикасының тіл туралы заңнамасын
               бұзғаны үшiн жауаптылық

      1. Лауазымды адамның тiлді бiлмеу желеуімен жеке және заңды тұлғалардың өтiнiштерiн қабылдаудан бас тартуы, сондай-ақ оларды мәнi бойынша қарамауы – он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Деректемелер мен көрнекі ақпаратты орналастыру жөніндегі талаптарды бұзу – ескерту жасауға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет – лауазымды адамдарға, дара кәсіпкерлерге, шағын кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – он, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 81-бап жаңа редакцияда - ҚР 21.01.2013 N 72-V (алғашқы ресми жарияланғанынан кейін үш ай өткен соң қолданысқа енгізiледi) Заңымен.

      82-бап. Жеке тұлғалардың тiл таңдау құқықтарын шектеу

       Жеке тұлғалардың тiл таңдау құқықтарын шектеу, тiлге байланысты себептер бойынша кемсiту, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 82-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен.

      83-бап. Еркiн жүрiп-тұру және тұрғылықты жер таңдау
              құқығын шектеу

      Жеке тұлғалардың еркiн жүрiп-тұру және тұрғылықты жер таңдау (Қазақстан Республикасының Үкiметi шек қоюы мүмкiн шекаралық өңiрлердi, Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары жанындағы тыйым салынған аймақтарды және Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары жанындағы тыйым салынған аудандарды және жекелеген жерлердi қоспағанда) құқығын шектейтiн лауазымды адамдардың iс-әрекетi не әрекетсiздiгi, егер бұл қылмыс жасады деген айыптаумен байланысты болмаса, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 83-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123, 2011.04.18 N 429-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      83-1-бап. Қоғамдық бiрлестiктердiң қызметiне кедергi жасау

      Қоғамдық бiрлестiктердiң заңды қызметiне лауазымды адамның қызмет бабын пайдаланып кедергi жасауы, сол сияқты лауазымды адамның өзiнiң қызмет бабын пайдалана отырып, осы бiрлестiктердiң заңды қызметiне олардың құқықтары мен заңды мүдделерiн елеулi түрде бұзуға әкеп соғатын араласуы –
      айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 10-тарау 83-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      84-бап. Жеке тұлғаға ақпарат беруден бас тарту, сол
               сияқты ақпараттық ресурстарға қол жеткiзу
               құқығын заңсыз шектеу

       1. Қылмыстық жаза қолданылатын әрекет белгiлерi жоқ, белгiленген тәртiппен жиналған, жеке тұлғаның құқықтары мен бостандықтарына тiкелей қатысты құжаттарды, материалдарды беруден заңсыз бас тарту не жеке тұлғаға толық емес немесе көрiнеу жалған ақпарат беру, сол сияқты жалпы жұрт қол жеткiзетiн ақпаратты шектеулi қол жеткiзiлетiн ақпаратқа заңсыз түрде жатқызу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ақпараттық ресурстарға қол жеткiзу құқығын заңсыз шектеу -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Лауазымды адамның осы баптың бiрiншi және екiншi бөлiктерiнде көзделген әрекеттердi жасауы, егер бұл әрекеттер жеке тұлғалардың құқықтары мен заңды мүдделерiне зиян келтiрсе, -
      айлық есептiк көрсеткiштiң жиырмадан жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 84-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      84-1-бап. Қазақстан Республикасының дербес деректер және
                 оларды қорғау туралы заңнамасын бұзу

      1. Дербес деректерді заңсыз жинау және (немесе) өңдеу –
      әкімшілік құқық бұзушылық жасаған заттары және (немесе) жарақтары тәркілене отырып, жеке тұлғаларға – жиырма, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Меншік иесі, оператор немесе үшінші тұлға өз қызмет бабын пайдалана отырып жасаған нақ сол әрекеттер –
      әкімшілік құқық бұзушылық жасаған заттары және (немесе) жарақтары тәркілене отырып, жеке тұлғаларға – елу, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Меншік иесінің, оператордың немесе үшінші тұлғаның дербес деректерді қорғау жөніндегі шараларды сақтамауы –
      жеке тұлғаларға – жүз, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 10-тарау 84-1-баппен толықтырылды - ҚР 21.05.2013 № 95-V (алғашқы ресми жарияланғанынан кейiн алты ай өткен соң қолданысқа енгiзiледi) Заңымен.

      85-бап. Медициналық көмек көрсету тәртiбiн,
              стандарттарын сақтамау және оны сапасыз көрсету

      1. Медицина қызметкерiнiң кәсiптiк мiндеттерiне ұқыпсыз қарауы немесе адал қарамауы салдарынан оларды орындамауы немесе тиiсiнше орындамауы, егер бұл денсаулыққа жеңiл зиян келтiруге әкеп соқса, немесе әкеп соғуы мүмкiн болса, -
      жеке тұлғаларға - он, лауазымды aдамдарғa жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Медициналық көмек көрсету тәртiбiн сақтамау, егер бұл денсаулыққа жеңiл зиян келтiруге әкеп соқса, немесе әкеп соғуы мүмкiн болса, -
      жеке тұлғаларға - бес, лауазымды адамдарға - он, заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Денсаулық сақтау саласындағы уәкiлеттi орган бекiткен медициналық көмек көрсету стандарттарын сақтамау, егер бұл денсаулыққа жеңiл зиян келтiруге әкеп соқса немесе әкеп соғуы мүмкiн болса, -
      жеке тұлғаларға - бес, лауазымды адамдарға - он, заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi, екiншi және үшiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол әрекет, -
      жеке тұлғаларға - лицензияның қолданылуын тоқтата тұрып және маман сертификатынан айыра отырып, жиырма айлық есептік көрсеткіш мөлшерiнде, лауазымды адамдарға - лицензияның қолданылуын тоқтата тұрып, қырық айлық есептік көрсеткіш мөлшерiнде, заңды тұлғаларға лицензияның қолданылуын тоқтата тұрып не аккредиттеу туралы куәлікті тоқтата тұрып немесе одан айыра отырып, жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Осы баптың екінші және үшінші бөліктерінде көзделген әрекетті жасау, егер бұл денсаулыққа орташа ауырлықта немесе ауыр зиян келтіруге әкеп соғуы мүмкін болса және бұл әрекетте қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      жеке тұлғаларға - лицензиядан және маман сертификатынан айыра отырып, жиырма айлық есептік көрсеткіш мөлшерінде, лауазымды адамдарға - лицензиядан айыра отырып, елу айлық есептік көрсеткіш мөлшерінде, заңды тұлғаларға лицензиядан айыра отырып, жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 85-бап жаңа редакцияда - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - 2009.07.16. N 186-IV Заңдарымен.

      85-1-бап. Медицина қызметкерiнiң еңбекке уақытша
                жарамсыздық туралы парақты немесе анықтаманы
                беру тәртiбiн бұзуы

      1. Медицина қызметкерiнiң еңбекке уақытша жарамсыздық туралы парақты немесе анықтаманы беру тәртiбiн бұзуы, егер бұл әрекетте қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол әрекет, -
      жеке тұлғаларға - маман сертификатынан айыра отырып, айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 85-1-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - 2009.07.16. N 186-IV Заңдарымен.

      85-2-бап. Медицина қызметкерiнiң рецепттер жазу
                және дәрiлiк заттарды өткiзу ережелерiн
                бұзуы

      1. Медицина қызметкерiнiң рецепттер жазу және дәрiлiк заттарды өткiзу ережелерiн бұзуы, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол әрекет, -
      жеке тұлғаларға - маман сертификатынан айыра отырып, айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 85-2-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз),  өзгеріс енгізілді - 2009.07.16. N 186-IV Заңдарымен.

      85-3-бап. Дәрiгерлiк құпияны жария ету

      Медициналық қызметкердiң кәсiптiк немесе қызметтiк қажеттiлiксіз пациенттiң сырқаты немесе медициналық куәландыру нәтижелерi туралы мәлiметтi жария етуi –
      айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не отыз тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 10-тарау 85-3-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      86-бап. Қылмыс жасады деген кiнәлiлiк туралы
               мәлiметтердi тарату

      Істi сот қарағанға дейiн немесе ақтау үкiмi болған кезде адамның қылмыс жасады деген кiнәлiлiгi туралы мәлiметтердi көпшiлiкке тарату, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен онға дейiнгi, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 86-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      86-1-бап. Тұрмыстық зорлық-зомбылықтан зардап шеккен
                 адамның жеке өмірі туралы мәліметтерді жария ету

      Тұрмыстық зорлық-зомбылықтан зардап шеккен адамның жеке немесе отбасылық құпиясын құрайтын жеке өмірі туралы мәліметтерді оның келісімінсіз заңсыз жинау және (немесе) тарату, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса,
      - он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 86-1-баппен толықтырылды - ҚР 2009.12.04 N 215-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      86-2-бап. Ұлттық алдын алу тетiгi қатысушыларының алдын
                 ала болу барысында адамның жеке өмірі туралы
                 өздеріне белгілі болған мәліметтерді жария етуі

      Ұлттық алдын алу тетiгi қатысушыларының алдын ала болу барысында адамның жеке өмірі туралы өздеріне белгілі болған мәліметтерді осы адамның келісімінсіз жария етуі, егер бұл іс-әрекетте қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 86-2-баппен толықтырылды - ҚР 02.07.2013 № 111-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      87-бап. Қазақстан Республикасының еңбек заңнамасын
              бұзу

      1. Осы баптың үшінші және бесінші бөліктерінде көзделген іс-әрекеттерді қоспағанда, жұмыс берушінің немесе лауазымды адамның Қазақстан Республикасының еңбек заңнамасын бұзуы, -
      лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырмадан жиырма беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің он бестен жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырма бестен отызға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2-1. Осы баптың бірінші бөлігінде көзделген, кәмелетке толмағандарға қатысты жасалған іс-әрекет (әрекетсіздік) –
      лауазымды адамдарға, лицензиясының қолданысы тоқтатыла тұрып, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – айлық есептiк көрсеткiштiң елуден жетпіске дейiнгi мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүзден бір жүз елуге дейiнгi мөлшерінде айыппұл салуға әкеп соғады.
      2-2. Осы баптың 2-1-бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) –
      лауазымды адамдарға, лицензиясының қолданысы тоқтатыла тұрып, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – айлық есептiк көрсеткiштiң жетпістен бір жүзге дейiнгi мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз елуден екі жүзге дейiнгi мөлшерінде айыппұл салуға әкеп соғады.
      3. Жұмыс берушінің жалақыны толық көлемде және Қазақстан Республикасының еңбек заңнамасында белгіленген мерзімдерде төлемеуі, сол сияқты төлемді кідірту кезеңіне өсімақыны есептемеуі және төлемеуі -
      айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) -
      айлық есептік көрсеткіштің жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Жұмыспен қамту мәселелері жөніндегі уәкілетті органның, еңбек делдалдығын көрсететін жеке және заңды тұлғаның, сондай-ақ жұмыс берушінің жұмысқа қабылдау үшін бос жұмыс орындары туралы еңбек саласындағы кемсітушілік сипаттағы талаптарды қамтитын ақпаратты орналастыруы –
      жеке тұлғаларға, дара кәсіпкерлерге, шағын кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – отыз, дара кәсіпкерлерге, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      жеке тұлғаларға, дара кәсіпкерлерге, шағын кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, дара кәсіпкерлерге, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескертулер.
      1. Осы Кодексте жұмыс беруші деп басшысы (әкімшілігі) өкілдік ететін заңды тұлға не қызметкермен еңбек қатынастарында тұратын жеке тұлға танылады.
      2. Егер атқарушы органдардың және өзге де ұйымдардың басшылары басқаратын ұйымдар жалақыны төлеуге қаражат беруді (аударуды) кідіртсе, оларды осы баптың бірінші және екінші бөліктерінде аталған лауазымды адамдар деп түсіну керек.
      Ескерту. 87-бап жаңа редакцияда - ҚР 2007.05.15. N 253 Заңымен; өзгерістер енгізілді - ҚР 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 127-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      87-1-бап. Мүгедектердi әлеуметтiк қорғау туралы
                заңнаманы бұзу

      Лауазымды адамның және заңды тұлғаның, осы Кодекстiң 18-тарауында көзделген жағдайларды қоспағанда, мүгедектердi әлеуметтiк қорғау туралы заңнаманы бұзуы, -
      лауазымды адамға - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға - жетпiстен екi жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға екi жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 87-1-баппен толықтырылды - Қазақстан Республикасының 2005.04.13. N 40 (2005 жылғы 1 қаңтардан бастап қолданысқа енгiзiледi), өзгеріс енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       87-2-бап. Қазақстан Республикасының арнаулы әлеуметтік
                  қызметтер туралы заңнамасын бұзу

      1. Қазақстан Республикасының арнаулы әлеуметтік қызметтер туралы заңнамасын :
      арнаулы әлеуметтік қызметтер көрсетудегі қажеттілікке бағалау жүргізудің және оны айқындаудың, арнаулы әлеуметтік қызметтердің кепілдік берілген көлемін көрсету туралы шешім шығарудың белгіленген мерзімдерін бұзу;
      арнаулы әлеуметтік қызметтердің кепілдік берілген көлемін көрсету туралы шешімді орындамау түрінде бұзу, -
      лауазымды адамдарға, дара кәсіпкерлерге - жиырма, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, -
      лауазымды адамдарға, дара кәсіпкерлерге - отыз, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген, әкімшілік жазаның мерзімі аяқталғаннан кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер, -
      лауазымды адамдарға, дара кәсіпкерлерге - елу, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - сексен, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 87-2-баппен толықтырылды - ҚР 2008.12.29 N 115-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңымен.

      87-3-бап. Қызметкерлер өкілдерінің заңды қызметіне кедергі
                келтіру

      Қызметкерлер өкілдерінің заңды қызметіне лауазымды адамның қызмет бабын пайдаланып кедергі келтіруі, сол сияқты олардың заңды қызметіне лауазымды адамның өзінің қызмет бабын пайдалана отырып, олардың құқықтары мен заңды мүдделерін елеулі түрде бұзуға әкеп соққан араласуы -
      айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не отыз тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 10-тарау 87-3-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      87-4-бап. Еңбекті қорғау қағидаларын бұзу

      Қауіпсіздік техникасы, өнеркәсіптік санитария қағидаларының немесе еңбекті қорғаудың өзге де қағидаларының сақталуын ұйымдастыру және қамтамасыз ету жөніндегі міндеттер жүктелген адамның осы қағидаларды абайсызда денсаулыққа орташа ауырлықтағы зиян келтіруге әкеп соққан бұзуы –
      айлық есептік көрсеткіштің үш жүзден бес жүзге дейінгі мөлшерінде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 10-тарау 87-4-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      87-5-бап. Медиацияға қатысушылардың медиацияны жүргізу
                 барысында белгілі болған мәліметтерді жария етуі

      Медиацияға қатысушылардың медиацияны жүргізу барысында белгілі болған мәліметтерді осы ақпаратты берген тараптың рұқсатынсыз жария етуі, егер бұл іс-әрекетте қылмыстық жазаланатын әрекет белгілері болмаса, -
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 87-5-баппен толықтырылды - ҚР 2011.01.28 N 402-IV (2011.08.05 бастап қолданысқа енгізіледі) Заңымен.

      88-бап. Қазақстан Республикасының зейнетақымен
               қамсыздандыру туралы заңдарын бұзу

      1. Бірыңғай жинақтаушы зейнетақы қорының, ерікті жинақтаушы зейнетақы қорының Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында белгіленген міндетті зейнетақы жарналары, міндетті кәсіптік зейнетақы жарналары есебінен зейнетақымен қамсыздандыру туралы шарттарды, ерікті зейнетақы жарналары есебінен зейнетақымен қамсыздандыру туралы шарттарды жасасу тәртібін, зейнетақы төлемдерін, аударымдарын және алып қоюларын жүзеге асыру мерзімдерін бұзуы –
      лауазымды адамдарға – екі жүз, заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      1-1. Бірыңғай жинақтаушы зейнетақы қорының Зейнетақы төлеу жөніндегі орталыққа міндетті зейнетақы жарналары, міндетті кәсіптік зейнетақы жарналары есебінен зейнетақымен қамсыздандыру туралы шартқа қосылған салымшылар туралы мәліметтерді табыс етпеуі, уақтылы табыс етпеуі, сол сияқты көрсетілген салымшылар туралы анық емес мәліметтерді табыс етуі, –
      лауазымды адамдарға – елу, заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      1-2. Осы баптың 1-1 бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер -
      лауазымды адамдарға - жүз айлық есептік көрсеткіш мөлшерінде, заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Зейнетақы төлеу жөнiндегi орталықтың лауазымды адамдарының Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында көзделген зейнетақыны толық мөлшерде және белгiленген мерзiмдерде төлеу жөнiндегi мiндеттерiн орындамауы, -
      айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2-1. Бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы қорының Қазақстан Республикасының зейнетақымен қамсыздандыру және бағалы қағаздар нарығы туралы заңнамасын бұза отырып, мәмілелер мен операцияларды жүзеге асыруы –
      лауазымды адамдарға – екі жүз, заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Жеке тұлғаның, жеке кәсiпкердiң, жеке нотариустың, жеке сот орындаушысының, адвокаттың, заңды тұлғаның:
      салық органына мiндеттi зейнетақы жарналары, мiндеттi кәсіптік зейнетақы жарналары бойынша пайдасына берешек өндiрiп алынатын бірыңғай жинақтаушы зейнетақы қоры салымшыларының тiзiмдерiн табыс етпеуi;
      салық органдарына мiндеттi зейнетақы жарналарының, мiндеттi кәсіптік зейнетақы жарналарының есептелген, ұстап қалынған (есебіне жазылған) және аударылған сомалары жөнiндегі есеп-қисаптарды Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында белгiленген мерзiмдерде табыс етпеуi;
      Қазақстан Республикасының заңнамасында белгiленген тәртiпке сәйкес әрбiр қызметкер бойынша есептелген, ұстап қалынған (есебіне жазылған) және аударылған мiндеттi зейнетақы жарналарын, мiндеттi кәсіптік зейнетақы жарналарын бастапқы есепке алуды жүргiзбеуi;
      есептелген, ұстап қалынған (есебіне жазылған) және аударылған мiндеттi зейнетақы жарналары, мiндеттi кәсіптік зейнетақы жарналары туралы мәлiметтердi салымшыларға Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында белгiленген мерзiмдерде табыс етпеуi;
      бірыңғай жинақтаушы зейнетақы қорына мiндеттi зейнетақы жарналарын, мiндеттi кәсіптік зейнетақы жарналарын аудармауы, уақтылы және (немесе) толық есептемеуі, ұстап қалмауы (есебіне жазбауы) және (немесе) төлемеуі (аудармауы);
      Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында көзделген жағдайларда салық органдарының өкімі бойынша касса жөніндегі барлық шығыс операцияларын тоқтатпауы түрінде жасаған Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында көзделген міндеттерді орындамауы не тиісінше орындамауы, -
      жеке тұлғаларға, дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, заңды тұлғаларға ескерту жасауға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
      жеке тұлғаларға, дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – аударылмаған, уақтылы және (немесе) толық есептелмеген, ұстап қалынбаған (есебіне жазылмаған) және (немесе) төленбеген (аударылмаған) мiндеттi зейнетақы жарналары, мiндеттi кәсіптік зейнетақы жарналары сомасының отыз пайызы мөлшерінде, ірі кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      5. Банктердің және банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың:
      Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында көзделген жағдайларда салық органдарының өкімі бойынша агенттердің - заңды тұлғалардың немесе дара кәсіпкерлердің, жеке нотариустардың, жеке сот орындаушыларының және адвокаттардың банк шоттары бойынша барлық шығыс операцияларын тоқтатпауы;
      міндетті зейнетақы жарналары, мiндеттi кәсіптік зейнетақы жарналары мен өсімпұлдар сомаларын Зейнетақы төлеу орталығына аудару кезінде банктің немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымның кінәсінен аудармау (есебіне жатқызбау), уақтылы аудармау (банк шоттарынан ақшаны есептен шығару бойынша операциялар жасалған күннен немесе қолма-қол ақшаны банкке немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымға енгізгеннен кейінгі күннен кеш) не төлем құжатының деректемелерін толтыру кезінде қателер жіберу;
      Қазақстан Республикасының заңнамасында белгіленген тәртіппен салық органдарының міндетті зейнетақы жарналары, мiндеттi кәсіптік зейнетақы жарналары мен өсімпұлдар сомаларын өндіріп алуға инкассолық өкімдерін орындамауы түрінде жасаған Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында белгіленген міндеттерді орындамауы, –
      лауазымды адамдарға - отыз айлық есептік көрсеткіш мөлшерінде, заңды тұлғаларға Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында белгіленген міндеттерді орындамау кезеңінде агенттердің банк шоттары бойынша жасалған шығыс операциялары сомасының — бес процент мөлшерінде айыппұл салуға әкеп соғады.
      6. Бірыңғай жинақтаушы зейнетақы қорының, ерікті жинақтаушы зейнетақы қорының бұқаралық ақпарат құралдарында жарияланған күнгi шындыққа сәйкес келмейтiн жарнаманы хабарлауы немесе жариялауы –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Ерікті жинақтаушы зейнетақы қорының инвестициялық декларациясының Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында көзделген талаптарға, оның мазмұнына сәйкес келмеуі –
      лауазымды адамдарға – елу, заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы баптың үшінші және төртінші бөліктерінің мақсаттары үшін тұлға, егер аударылмаған, уақтылы және (немесе) толық есептелмеген, ұстап қалынбаған (есебіне жазылмаған) және (немесе) төленбеген (аударылмаған) мiндеттi зейнетақы жарналарының, мiндеттi кәсіптік зейнетақы жарналарының сомасы әкiмшiлiк құқық бұзушылық анықталған күні қолданыста болатын заңға сәйкес белгiленетiн бір айлық есептік көрсеткіштен аз болған жағдайда, әкімшілік жауаптылыққа тартылуға жатпайды.
      Ескерту. 88-бап жаңа редакцияда - ҚР 2003.03.13 N 394 , 2004.12.13 N 11 (күшіне ену тәртібін 2-баптан қараңыз) Заңымен, өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2006.12.11 N 201 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2008.11.20 N 88-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.12.10 N 101-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі), 21.06.2013 N 106-V (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      88-1-бап. Мiндеттi әлеуметтiк сақтандыру туралы
                 Қазақстан Республикасының заңдарын бұзу

      1. Мемлекеттiк әлеуметтiк сақтандыру қоры мен Зейнетақы төлеу жөнiндегi орталықтың лауазымды адамдарының кiнәсiнен Қазақстан Республикасының мiндеттi әлеуметтiк сақтандыру туралы заңдарында белгiленген мерзiмдерде әлеуметтiк төлемдердiң төленбеуi, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Дара кәсіпкердің, жеке нотариустың, жеке сот орындаушысының, адвокаттың, заңды тұлғаның:
      әлеуметтік аударымдар жүргізілетін міндетті әлеуметтік сақтандыру жүйесіне қатысушылардың тізімін салық органына ұсынбауы;
      әлеуметтiк аударымдарды төлемеуі (аудармауы), уақтылы және (немесе) толық төлемеуі (аудармауы);
      Қазақстан Республикасының міндетті әлеуметтік сақтандыру туралы заңнамасында көзделген жағдайларда салық органдарының өкімі бойынша касса жөніндегі барлық шығыс операцияларын тоқтатпауы түрінде жасаған Қазақстан Республикасының міндетті әлеуметтік сақтандыру туралы заңнамасында көзделген міндеттерді орындамауы не тиісінше орындамауы, -
      дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, заңды тұлғаларға ескерту жасауға әкеп соғады.
      2-1. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – төленбеген (аударылмаған), уақтылы және (немесе) толық төленбеген (аударылмаған) әлеуметтік аударымдар сомасының отыз пайызы мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу пайызы мөлшерінде айыппұл салуға әкеп соғады.
      3. Банктердің және банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың:
      Қазақстан Республикасының міндетті әлеуметтік сақтандыру туралы заңнамасында көзделген жағдайларда салық органдарының өкімі бойынша төлеуші заңды тұлғаның немесе дара кәсіпкерлердің, жеке нотариустардың, жеке сот орындаушыларының және адвокаттардың банк шоттары бойынша барлық шығыс операцияларын тоқтатпауы;
       әлеуметтік аударымдар мен өсімпұл сомаларын Зейнетақы төлеу орталығына аудару кезінде банктің немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымның кінәсінен аудармау (есептемеу), уақтылы аудармау (банктік шоттардан ақшаны есептен шығару бойынша операциялар жасалған күннен кеш немесе қолма-қол ақшаны банкке немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымға енгізген күннен кейін) не төлем құжатының деректемелерін толтыру кезінде қателер жіберу;
      Қазақстан Республикасының заңнамасында белгіленген тәртіппен әлеуметтік аударымдар мен өсімпұлдардың сомаларын өндіріп алу жөніндегі салық органдарының инкассалық өкімдерін орындамауы түрінде жасаған Қазақстан Республикасының міндетті әлеуметтік сақтандыру туралы заңнамасында белгіленген міндеттерді орындамауы, -
      Қазақстан Республикасының міндетті әлеуметтік сақтандыру туралы заңнамасында белгіленген міндеттерді орындамау кезеңінде лауазымды адамдарға - отыз айлық есептік көрсеткіші мөлшерінде, заңды тұлғаларға төлеушілердің банк шоттары бойынша жасалған шығыс операциялары сомасының бес проценті мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы баптың екінші және 2-1-бөліктерінің мақсаттары үшін тұлға, егер төленбеген (аударылмаған), уақтылы және (немесе) толық төленбеген (аударылмаған) әлеуметтік аударымдар сомасы әкiмшiлiк құқық бұзушылық анықталған күні қолданыста болатын заңға сәйкес белгiленетiн бір айлық есептік көрсеткіш мөлшерінен аспайтын болса, әкімшілік жауаптылыққа тартылуға жатпайды.
      Ескерту. 88-1-баппен толықтырылды - ҚР 2004.04.08 N 542 (2005.01.01 бастап қолданысқа енгізіледі), өзгеріс енгізілді - 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.12.11 N 201 (2007.01.01 бастап қолданысқа енгізілді), 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2011.07.21 № 467-IV (2011.07.01 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      89-бап. Еңбек қауiпсiздiгiн қамтамасыз ету мен еңбектi
               қорғау ережелерiн бұзу

       1. Жұмыс берушiнiң немесе лауазымды адамның Қазақстан Республикасының еңбек заңнамасын жазатайым жағдайға әкеп соқпаған бұзуы, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң қырықтан алпысқа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Лауазымды адамның Қазақстан Республикасының еңбек заңнамасының сақталуын бақылау және қадағалау жөнiндегi мiндеттердi жүзеге асырмауы, егер бұл жұмыскердiң денсаулығына жеңiл зиян келтiрiп, жазатайым оқиғаға әкеп соқса немесе оның өмiрi мен денсаулығына көрiнеу қауiп төндiрсе, -
      айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 89-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.05.15. N 253 Заңдарымен.

      90-бап. Ұжымдық шарт, келiсiм жөнiндегi келiссөздерге
              қатысудан жалтару

      Ұжымдық шартты, келiсiмдi жасасу, өзгерту немесе толықтыру жөнiндегi келiссөздерге қатысудан жалтару немесе аталған келiссөздердi жүргiзу мерзiмдерiн бұзу, тиiстi комиссияның жұмысын тараптар белгiлеген мерзiмде қамтамасыз етпеу, -
      келiссөздер жүргiзуге уәкiлеттi адамдарға айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 90-бапқа өзгеріс енгізілді - Қазақстан Республикасының  2007.05.15. N 253 Заңымен.

      91-бап. Ұжымдық шарт, келiсiм жасасудан негiзсiз бас
              тарту

      Ұжымдық шарт, келiсiм жасасудан негiзсiз бас тарту, -
      ұжымдық шарт, келiсiм жасасуға уәкiлеттi адамдарға айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 91-бапқа өзгеріс енгізілді - Қазақстан Республикасының  2007.05.15. N 253 Заңымен.

      92-бап. Ұжымдық шартты, келiсiмдi орындамау немесе бұзу

      Ұжымдық шарт, келiсiм бойынша мiндеттемелердi орындамау немесе бұзу, -
      ұжымдық шарт, келiсiм бойынша мiндеттемелердiң орындалмауына кiнәлi адамдарға айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 92-бапқа өзгеріс енгізілді - Қазақстан Республикасының  2007.05.15. N 253 Заңымен.

      93-бап. Ұжымдық келiссөздер жүргiзуге және ұжымдық
              шарттардың, келiсiмдердiң орындалуын бақылауды
              жүзеге асыруға қажеттi ақпарат бермеу

      Ұжымдық келiссөздер жүргiзуге және ұжымдық шарттардың, келiсiмдердiң орындалуын бақылауды жүзеге асыруға қажеттi ақпаратты бермеу, -
      ақпараттың берiлмеуiне кiнәлi адамдарға айлық есептiк көрсеткiштiң елуден жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 93-бапқа өзгеріс енгізілді - Қазақстан Республикасының  2007.05.15. N 253 Заңымен.

      94-бап. Халықты жұмыспен қамту туралы заңдарды бұзу

      1. Жеке және заңды тұлғалардың халықты жұмыспен қамту туралы заңдар мен өзге де нормативтiк құқықтық актiлердi бұзуы, -
      айлық есептiк көрсеткiштiң сегiзден онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік), -
      айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 94-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      95-бап. Мемлекеттiк қызметке қол жеткiзуге тең құқықты
              iске асыруға кедергi келтiру

      Мемлекеттiк қызметшi лауазымына кандидатқа заңдарда көзделмеген талаптарды және белгiленген тәртiппен бекiтiлмеген бiлiктiлiк талаптарын қою, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      96-бап. Жеке немесе заңды тұлғаның берген шағымын оған
              зиянды болатындай етiп бағыттау

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2011.02.10 N 406-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      Негiздi шағым берген немесе мүддесiне орай шағым берiлген жеке немесе заңды тұлғаға сол шағымды оған зиянды болатындай етiп бағыттау, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 96-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2011.02.10 N 406-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      97-бап. Ереуiлге қатысуға немесе оған қатысудан бас
              тартуға мәжбүрлеу

      Мәжбүрленушiнiң тәуелдi жағдайын пайдалана отырып ереуiлге қатысуға немесе оған қатысудан бас тартуға мәжбүрлеу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 97-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

11-тарау. АЗАМАТТАРДЫҢ САЙЛАУ ҚҰҚЫҚТАРЫНА ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      98-бап. Лауазымды адамдардың сайлау комиссиясына
              (референдум комиссиясына) қажеттi мәлiметтер
              мен материалдарды табыс етпеуi немесе
              комиссияның шешiмiн орындамауы

      Лауазымды адамдардың сайлау комиссиясына (референдум комиссиясына) оның жұмысы үшiн қажеттi мәлiметтер мен материалдарды табыс етпеуi немесе комиссия өз өкiлеттiгi шегiнде қабылдаған шешiмдi олардың орындамауы, -
      айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      99-бап. Үгiтке тыйым салынған кезеңде оны жүргiзу

      Қазақстан Республикасының заңдарымен сайлауға ( республикалық референдумға ) байланысты үгiтке тыйым салынған кезеңде оны жүргiзу, -
      азаматтарға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, заңды тұлғаларға жиырма бестен отыз беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 99-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      99-1-бап. Сайлау алдындағы үгiт жүргiзу құқығына
                 кедергi келтiру

      Президенттiкке, депутаттыққа немесе өзге де сайланбалы қызметтерге кандидаттарға, олардың сенiм бiлдiрген адамдарына, саяси партияларға олардың сайлау алдындағы үгiт жүргiзу құқығын iске асыру процесiнде кедергi келтiру -
      азаматтарға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға - он бестен жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға жиырма бестен отыз беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 99-1-баппен толықтырылды - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      100-бап. Кандидаттар, саяси партиялар туралы көрiнеу
               жалған мәлiметтер тарату

      Кандидаттар, саяси партиялар туралы көрiнеу жалған мәлiметтер тарату немесе сайлаудың нәтижесiне ықпал ету мақсатында олардың абыройы мен қадiр-қасиетiне нұқсан келтiретiн өзге де iс-әрекеттер жасау -
      азаматтарға - айлық есептiк көрсеткiштiң он бестен жиырма беске дейiнгi мөлшерiнде, лауазымды адамдарға - жиырма бестен отыз беске дейiнгi мөлшерiнде, заңды тұлғаларға - отыз бестен елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 100-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      101-бап. Сайлау комиссиясы (референдум комиссиясы)
               мүшесiнiң, сенiм бiлдiрiлген адамның және
               байқаушының құқықтарын бұзу

      Сайлау комиссиясы (референдум комиссиясы) мүшесiнiң, сайлаудағы кандидаттардың, саяси партиялардың сенiм бiлдiрiлген адамдарының және байқаушылардың құқықтарын бұзу , -
      айлық есептiк көрсеткiштiң он бестен отыз беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 101-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      102-бап. Азаматтардың сайлаушылар тiзiмiмен танысу
               құқығын бұзу

      Сайлау комиссиясы (референдум комиссиясы) мүшесiнiң азаматтардың сайлаушылар тiзiмiмен (таңдаушылардың республикалық референдумға қатысу құқығы бар адамдар тiзiмiмен) танысу құқығын бұзуы не сайлаушылар тiзiмiндегi қателiктер туралы өтiнiштi заңдарда белгiленген мерзiмде қарамауы, не сайлаушылар тiзiмiне (таңдаушылар, республикалық референдумға қатысуға құқығы бар адамдар тiзiмiне) түзетулер енгiзу туралы өтiнiштi қабылдамау себептерiн баяндай отырып азаматқа жазбаша түрде жауап қайтарудан бас тартуы, не сайлаушылар тiзiмiн (таңдаушылар, республикалық референдумға қатысуға құқығы бар адамдар тiзiмiн) түзету туралы сот шешiмiн белгiленген мерзiмде орындамауы, -
      айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      102-1-бап. Сайлаушылар туралы дәйектемесiз деректер,
                  сондай-ақ сайлаушылардың дәйектемесiз
                  тiзiмдерiн беру

      1. Лауазымды адамдардың жергiлiктi атқарушы органдарға сайлаушылардың тiзiмдерiн жасау үшiн сайлаушылар туралы дәйектемесiз деректер беруi -
      айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жергiлiктi атқарушы органдар лауазымды адамдарының тиiстi сайлау комиссиясына сайлаушылардың дәйектемесiз тiзiмдерiн беруi -
      айлық есептiк көрсеткiштiң жиырма бестен отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 102-1-баппен толықтырылды - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      102-2-бап. Тең сайлау құқығы туралы талапты бұзу

      Тең сайлау құқығы туралы талаптарды екi рет не одан да көп немесе басқа сайлаушы үшiн дауыс беру арқылы бұзу -
      айлық есептiк көрсеткіштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 102-2-баппен толықтырылды - Қазақстан Республикасының 2005 жылғы 8 шілдедегі N 67 (Заңның қолданысқа енгізілу тәртібін  2-баптан қараңыз) Заңдарымен.

       102-3-бап. Шетелдiктердiң, азаматтығы жоқ адамдардың,
                шетелдiк заңды тұлғалардың және халықаралық
                ұйымдардың кандидаттарды, партиялық тiзiмдерiн
                ұсынған саяси партияларды ұсынуға және
                сайлауға, сайлауда белгiлi бiр нәтижеге қол
                жеткiзуге кедергi болатын және (немесе) ықпал
                ететін қызметтi жүзеге асыруы

      Шетелдiктердің, азаматтығы жоқ адамдардың, шетелдiк заңды тұлғалардың және халықаралық ұйымдардың кандидаттарды, партиялық тiзiмдерiн ұсынған саяси партияларды ұсынуға және сайлауға, сайлауда белгiлi бiр нәтижеге қол жеткiзуге кедергі болатын және (немесе) ықпал ететiн қызметтi жүзеге асыруы, -
      жеке тұлғаларға Қазақстан Pecпубликасының шегiнен әкiмшiлiк жолмен шығарып жiберу арқылы немесе онсыз, айлық есептiк көрсеткіштің жиырмадан отызға дейiнгi мөлшерiнде, заңды тұлғаларға айлық eceптiк көрсеткiштiң төрт жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 102-3-баппен толықтырылды - Қазақстан Республикасының 2005 жылғы 8 шілдедегі N 67 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      103-бап. Азаматтарға басқа адамдар үшiн дауыс беруге
              мүмкiндiк жасау мақсатында сайлау
              бюллетеньдерiн (дауыс беруге арналған
              бюллетеньдердi) беру

      Азаматтарға басқа адамдар үшiн дауыс беруге мүмкiндiк жасау мақсатында сайлау бюллетеньдерiн (дауыс беруге арналған бюллетеньдердi) сайлау комиссиясы (референдум комиссиясы) мүшесiнiң беруi, -
      айлық есептiк көрсеткiштiң он бестен жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 103-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      104-бап. Жұмыс берушiнiң сайлауға (республикалық
               референдумға) қатысу үшiн демалыс беруден
               бас тартуы

      Жұмыс берушiнiң депутаттыққа немесе өзге де сайланбалы қызметке тiркелген кандидатқа не сайлау комиссиясының мүшесiне мемлекеттiк өкiмет, басқару органдарына және жергiлiктi өзiн-өзi басқару органдарына (республикалық референдумға) сайлауды әзiрлеу мен өткiзуге қатысу үшiн заң   актiлерiнде көзделген демалысты беруден бас тартуы, -
      айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      105-бап. Бұқаралық ақпарат құралдары арқылы сайлау
               алдында үгiт жүргiзу шарттарын бұзу

      Бас редактордың, журналистiң, бұқаралық ақпарат құралдары редакциясы лауазымды адамының сайлау заңдарында (республикалық референдум туралы заңдарда) көзделген сайлау алдындағы үгiт жүргiзу шарттарын бұзуы, -
      азаматтар мен лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде, заңды тұлғаларға отыздан алпыс беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 105-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      106-бап. Бүркеншiк үгiт материалдарын әзiрлеу немесе
               тарату

      Мемлекеттiк өкiмет органдарына және жергiлiктi өзiн-өзi басқару органдарына сайлауды (республикалық референдумды) әзiрлеу мен өткiзу кезеңiнде, басып шығарған ұйымдар, шығарылған жерi, таралымы туралы және шығарылуына жауапты адамдар туралы ақпараты жоқ үгiттiк баспасөз және электрондық материалдарды әзiрлеу немесе тарату, -
      айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      107-бап. Үгiт материалдарын қасақана жою, бүлдiру

      Депутаттыққа немесе өзге де сайланбалы қызметке кандидаттардың меншiк иесiнiң немесе осы объектiлердiң өзге иесiнiң келiсiмiмен ғимараттарға, құрылыстарға және өзге де объектiлерге iлiнген үгiттiк материалдарын қасақана жою, бүлдiру, -
      айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 107-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      108-бап. Сайлауды (республикалық референдумды) әзiрлеу
               мен өткiзуге қаражат жұмсау туралы есептердi
               бермеу немесе жарияламау

      Депутаттыққа немесе өзге де сайланбалы қызметке кандидаттың, сайланған адамның, не саяси партияның сайлау қорларына түскен түсiмдердiң (қайырмалдықтардың) мөлшерi туралы және сайлау қорларын құру көздерi туралы мәлiметтердi, сондай-ақ сайлау қорының қаражатын пайдалану туралы есептi бермеуi, -
      депутаттыққа немесе өзге де сайланбалы қызметке кандидатқа, сайланған адамға - айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде, заңды тұлғаға елу беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 108-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      108-1-бап. Сайлау қорларынан бөлек, сайлау науқанын
                 қаржыландыру немесе оған өзге де материалдық
                 көмек көрсету

      Кандидаттарға, партиялық тiзiмдер ұсынған саяси партияларға олардың сайлау қорларынан бөлек қаржылық немесе өзге де материалдық көмек көрсету -
      азаматтарға - айлық есептiк көрсеткiштiң он бестен жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға отыздан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 108-1-баппен толықтырылды - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      109-бап. Сайланбалы мемлекеттiк қызметке кандидаттың не
               саяси партияның шет мемлекеттерден,
               ұйымдардан, азаматтардан және азаматтығы жоқ
               адамдардан қайырмалдықтар алуы

      Депутаттыққа немесе өзге де сайланбалы мемлекеттiк қызметке кандидаттың не саяси партияның шет мемлекеттен, халықаралық ұйымнан немесе халықаралық қоғамдық бiрлестiктен, шет елдердiң мемлекеттiк органдарынан, шетелдіктерден және басқа мемлекеттің заңнамасына сәйкес құрылған заңды тұлғалардан, сондай-ақ азаматтығы жоқ адамдардан кез келген нысанда қайырмалдықтар алуы, -
      депутаттыққа немесе өзге де сайланбалы қызметке кандидатқа - айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде, заңды тұлғаға, қайырмалдық заттарын тәркiлей отырып, елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 109-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      109-1-бап. Жеке және заңды тұлғалардың кандидаттарға,
                 саяси партияларға олардың жазбаша
                 келiсiмiнсiз қызмет көрсетуi

      Жеке және заңды тұлғалардың кандидаттарға, саяси партияларға олардың сайлау алдындағы қызметiне байланысты олардың жазбаша келiсiмiнсiз қызмет көрсетуi -
      азаматтарға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 109-1-баппен толықтырылды - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

      110-бап. Дауыс беру қорытындылары туралы немесе сайлау
               нәтижелерi туралы мәлiметтердi табыс етпеу не
               жарияламау

      1. Учаскелiк сайлау комиссиясы төрағасының кандидаттың сенiм бiлдiрген адамына, бұқаралық ақпарат құралдарының өкiлiне, байқаушыға Республиканың заңдарына сәйкес табыс етiлуге мiндеттi дауыс беру қорытындылары туралы мәлiметтердi табыс етпеуi, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, округтiк сайлау комиссиясының төрағасы жасаған әрекет, сондай-ақ оның сайлау (республикалық референдум) нәтижелерi туралы мәлiметтердi сайлау заңдарында (республикалық референдум туралы заңдарда) белгiленген жариялау мерзiмдерiн бұзуы не толық жарияламауы, -
      айлық есептiк көрсеткiштiң он бестен жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi бөлiгiнде көзделген, аумақтық сайлау комиссиясының төрағасы жасаған әрекет, сондай-ақ оның сайлауда (республикалық референдумда) дауыс беру қорытындылары туралы мәлiметтердi сайлау заңдарында (республикалық референдум туралы заңдарда) белгiленген жариялау мерзiмдерiн бұзуы не толық жарияламауы,-
      айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi және үшiншi бөлiктерiнде көзделген, Қазақстан Республикасы Орталық сайлау комиссиясының Төрағасы жасаған әрекеттер, -
      айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      110-1-бап. Сайлауға байланысты қоғамдық пiкiрге сұрау
                  салу iсiн жүргiзу шарттарын бұзу

      1. Қазақстан Республикасының сайлау туралы заңдарында көзделген қоғамдық пiкiрге сұрау салу нәтижелерiн, сайлау нәтижелерi болжамдарын, сайлауға байланысты өзге де зерттеулердi жариялау тәртiбiн бұзу -
      азаматтарға - айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде, заңды тұлғаларға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Сайлау күнi дауыс беруге арналған үй-жайда немесе дауыс беруге арналған пунктте қоғамдық пiкiрге сұрау салу iсiн жүргiзу -
      азаматтарға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, заңды тұлғаларға жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 110-1-баппен толықтырылды - Қазақстан Республикасының 2004.07.09. N 583 Заңымен.

12-тарау. КӘМЕЛЕТКЕ ТОЛМАҒАНДАРДЫҢ ҚҰҚЫҒЫНА ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      111-бап. Ата-аналардың немесе басқа да заңды өкілдерінің
               балаларды тәрбиелеу жөнiндегi мiндеттердi
               орындамауы

      1. Ата-аналардың немесе басқа да заңды өкілдерінің кәмелетке толмаған балаларды тәрбиелеу және оқыту жөнiндегi мiндеттердi дәлелдi себептерсiз орындамауы, -
      айлық есептiк көрсеткiштiң бестен онға дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде аталған, кәмелетке толмағандардың алкогольдік iшiмдiктердi, есiрткi құралдарын және психотроптық заттарды ұдайы қолдануына не қаңғыбастықпен немесе қайыршылықпен айналысуына әкеп соққан iс-әрекеттер, сол сияқты олардың қылмыс немесе қасақана әкiмшiлiк құқық бұзушылық белгiлерi бар әрекеттер жасауы, -
      ата-аналарға немесе басқа да заңды өкілдеріне жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 111-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.10 N 176-IV , 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      111-1-бап. Кәмелетке толмаған адамды әкiмшiлiк құқық
                  бұзушылық жасауға тарту

      1. Кәмелетке толмаған адамды әкiмшiлiк құқық бұзушылық жасауға тарту, егер бұл iс-әрекетте қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      айлық есептiк көрсеткiштiң жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға не он бес тәулiкке дейiн әкiмшiлiк қамауға әкеп соғады.
      Ескерту. 111-1-баппен толықтырылды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      111-2-бап. Жергілікті атқарушы органдардың лауазымды
                  адамдарының және (немесе) баланың заңды
                  өкілдерінің тұрғын үйге мұқтаж жетім балаларды,
                  ата-анасының қамқорлығынсыз қалған балаларды
                  есепке қою жөніндегі міндеттерді орындамауы

      1. Жергілікті атқарушы органдардың лауазымды адамдарының және (немесе) баланың заңды өкілдерінің тұрғын үйге мұқтаж жетім балаларды, ата-анасының қамқорлығынсыз қалған балаларды есепке қою жөніндегі міндеттерді орындамауы, сол сияқты белгіленген мерзімді бұза отырып есепке қою –
      жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
      екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 111-2-баппен толықтырылды - ҚР 04.07.2013 № 126-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      111-3-бап. Жергілікті атқарушы органдардың лауазымды
                  адамдарының және (немесе) баланың заңды
                  өкілдерінің жетім балалардың, ата-анасының
                  қамқорлығынсыз қалған балалардың тұрғын үйін
                  сақтау жөніндегі міндеттерді орындамауы

      1. Жергілікті атқарушы органдардың лауазымды адамдарының және (немесе) баланың заңды өкілдерінің жетім балалардың, ата-анасының қамқорлығынсыз қалған балалардың тұрғын үйін сақтау жөніндегі міндеттерді орындамауы –
      төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бір жыл ішінде қайталап жасалған әрекет –
      бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 111-3-баппен толықтырылды - ҚР 04.07.2013 № 126-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      112-бап. Кәмелетке толмаған адамды мас болу күйiне
              дейiн жеткiзу

      Ата-аналардың немесе өзге де адамдардың кәмелетке толмаған адамды мас болу күйiне дейiн жеткiзуi, -
      айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

       112-1-бап. Кәмелетке толмағандардың түнгі уақытта
                 ойын-сауық мекемелерінде болуына жол беру

      1. Кәмелетке толмағандардың заңды өкілдерінің ертіп жүруінсіз түнгі уақытта (сағат 22-ден таңғы 6-ға дейін) ойын-сауық мекемелерінде болуына жол беру, -
      ойын-сауық мекемелерінің лауазымды адамдарына - бес, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      ойын-сауық мекемелерінің лауазымды адамдарына - жиырма, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елу, қызметін немесе қызметінің жекелеген түрлерін тоқтата тұрып, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол іс-әрекеттер, -
      ойын-сауық мекемелерінің лауазымды адамдарына - отыз, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - алпыс, қызметін немесе қызметінің жекелеген түрлерін тоқтата тұрып, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. Кодекс 112-1-баппен толықтырылды - ҚР-ның 2009.07.10. N 176-IV Заңымен.

      113-бап. Кәмелетке толмағандарға алкоголь iшiмдiктерiн
               сату
       Ескерту. 113-бап алып тасталды - ҚР 2009.07.16. N 186-IV   Заңымен.

      114-бап. Он сегіз жасқа толмаған адамдарға темекіні және
                темекі бұйымдарын сату және олардың сатуы

      1. Он сегіз жасқа толмаған адамдарға темекіні және темекі бұйымдарын сату және олардың сатуы, -
      жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға - он, қызметін немесе қызметінің жекелеген түрлерін тоқтата тұрып, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға тоқсан айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 114-бап жаңа редакцияда - ҚР 2009.07.16. N 186-IV Заңымен.

      115-бап. Кәмелетке толмағандарды эротикалық мазмұндағы
               өнiмдi әзiрлеуге тарту

      1. Кәмелетке толмағандарды эротикалық мазмұндағы өнiмдi әзiрлеуге, сондай-ақ эротикалық мазмұндағы өнiмдi таратуға, жарнамалауға және сатуға тарту, -
      аталған өнiмдi тәркiлей отырып, елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      эротикалық мазмұндағы өнiмдi әзiрлеу құралдарын тәркiлей отырып, айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 115-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      115-1-бап. Кәмелетке толмағандарға эротикалық мазмұндағы
                  заттар мен материалдарды сату

      1. Кәмелетке толмағандарға эротикалық мазмұндағы баспа басылымдарын, кино немесе бейнематериалдарды, бейнелерді немесе өзге де заттарды не материалдарды сату -
      эротикалық мазмұндағы заттары мен материалдарын тәркілей отырып, жеке адамдарға – он, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      эротикалық мазмұндағы заттары мен материалдарын тәркілей отырып, жеке адамдарға – жиырма, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 12-тарау 115-1-баппен толықтырылды - ҚР 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      116-бап. Асырап алуға, қорғаншылыққа (қамқоршылыққа),
               жеке тұлғалардың отбасына тәрбиелеуге берудi
               қажет ететiн кәмелетке толмағандар туралы
               мәлiметтердi табыс ету тәртiбi мен мерзiмдерiн
               бұзу

       Қарауында ата-аналарының қамқорлығынсыз қалған балалар бар ұйымдар басшыларының, сондай-ақ Қазақстан Республикасының атқарушы органдары лауазымды адамдарының асырап алуға, қорғаншылыққа (қамқоршылыққа), жеке тұлғалардың отбасына тәрбиелеуге берудi қажет ететiн кәмелетке толмағандар туралы мәлiметтердi табыс ету тәртiбiн не мерзiмдерiн бұзуы немесе көрiнеу жалған мәлiметтердi табыс ету, не асырап алуға, қамқоршылыққа (қорғаншылыққа), жеке тұлғалардың отбасына тәрбиелеуге беруден балаларды жасыруға бағытталған өзге де iс-әрекеттер, -
      айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 116-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      117-бап. Бала асырап алу жөнiндегi заңсыз қызмет

      Баланы (қызды) асырап алу, оны қорғаншылыққа (қамқоршылыққа), патронаж тәрбиешiге беру жөнiндегi заңсыз iс-әрекеттер, -
      айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

13-тарау. МЕНШIККЕ ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      118-бап. Жерге мемлекеттiк меншiк құқығын бұзу

      Мемлекеттiк жер учаскелерiн заңсыз иелену немесе айырбастау не жерге мемлекеттiк меншiк құқығын тiкелей немесе жанама нысанда бұзатын басқа да мәмiлелер жасау, сондай-ақ уақытша иеленген мемлекеттiк жердi уақтылы қайтармау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң елуден жетпіс беске дейінгі мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүзден жүз елуге дейінгі мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден жеті жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 118-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.10. N 180-IV   Заңдарымен.

      119-бап. <*>
      Ескерту. 119-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      120-бап. Жерге орналастыру құжаттамасын бекiтудiң
                белгiленген тәртiбiн бұзу

       Жерге орналастыру құжаттамасын бекiтудiң белгiленген тәртiбiн бұзу, сол сияқты оған өзгерiстердi заңсыз енгiзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден үшке дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - бестен онға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 120-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      121-бап. Арнаулы белгiлердi жою

       1. Жер учаскелерi шекараларының межелiк белгiлерiн жою, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден үшке дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге бестен онға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жер асты суларын байқаушы және режимдiк ұңғыларды, су объектiлерiндегi байқаушы режимдiк тұстамаларды, су қорғау немесе су шаруашылығы белгiлерiн, орман қорындағы орман орналастыру немесе орман шаруашылығы белгiлерiн, маркшейдерлiк, геодезиялық және нивелирлiк пункттер мен белгiлердi жою немесе бүлдiру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - бестен онға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 121-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      122-бап. Жер қойнауына мемлекеттiк меншiк құқығын бұзу

      1. Жер қойнауын заңсыз пайдалану, жер қойнауына мемлекеттiк меншiк құқығын тiкелей немесе жасырын нысанда бұзатын мәмiлелер жасасу, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса –
      әкiмшiлiк құқық бұзушылық жасау салдарынан алынған мүлік, әкімшілік құқық бұзушылықты жасау құралдары мен заттары тәркiлене отырып, жеке тұлғаларға – айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - елуден жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүзден жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      әкiмшiлiк құқық бұзушылық жасау салдарынан алынған мүлік, әкімшілік құқық бұзушылықты жасау құралдары мен заттары тәркiлене отырып, жеке тұлғаларға – айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге – жүзден жүз елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүз елуден екі жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден жеті жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 122-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      123-бап. Кен орны учаскелерiн iрiктеп өңдеу

       1. Кен орны учаскелерiн пайдалы қазбалардың қалған қорлары сапасының нашарлауына, олардың жобадан тыс және нормативтен тыс негiзсiз ысырабына әкеп соғатын iрiктеп өңдеу, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң сексеннен жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз елуден екi жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетi жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Кен орны учаскелерiн өңдеу жөнiндегi жобалық шешiмдердi қоршаған ортаға зиян келтiруге әкеп соғатын орындамау, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң сексеннен жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз елуден екi жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетi жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 123-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      124-бап. Суға мемлекеттiк меншiк құқығын бұзу

       1. Су объектiлерiн заңсыз басып алу, заңсыз су пайдалану , су пайдалану құқығын басқа бiреуге беру, сондай-ақ суға мемлекеттiк меншiк құқығын тiкелей немесе жасырын нысанда бұзатын басқа да мәмiлелер жасау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - қырықтан алпысқа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз елуден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Лимиттердi бұзып су алу, гидротехникалық жұмыстарды заңсыз жүргiзу, су объектiлерiнен алынған немесе бөлiнген жер асты және жер үстi суларын қырсыздықпен пайдалану, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз елуден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 124-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      125-бап. Орманға мемлекеттiк меншiк құқығын бұзу

      Орман қоры учаскелерiн орманға мемлекеттiк меншiк құқығын бұзатын сатып алу-сату, сыйға тарту, кепiлге салу, заңсыз иелену және айырбастау, сондай-ақ орман пайдалануды жүзеге асыру құқығын басқа бiреуге заңсыз беру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiстен жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 125-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      126-бап. Жануарлар мен өсiмдiктер дүниесiне мемлекеттiк
                меншiк құқығын бұзу

      1. Жануарлар дүниесi объектiлерiн пайдалану құқығын басқа бiреуге заңсыз беру, сондай-ақ жануарлар дүниесiне мемлекеттiк меншiк құқығын тiкелей немесе жасырын нысанда бұзатын басқа да мәмiлелер жасау, сол сияқты пайдалануға рұқсат алу талап етiлетiн қорықтар мен ерекше қорғалатын басқа да табиғи аумақтардағы жануарлар дүниесi объектiлерiн заңсыз пайдалану, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiстен жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Өсiмдiктер дүниесi объектiлерiн пайдалану құқығын басқа бiреуге заңсыз беру, сондай-ақ өсiмдiктер дүниесiне мемлекеттiк меншiк құқығын тiкелей немесе жасырын нысанда бұзатын басқа да мәмiлелер жасау, сол сияқты пайдалануға рұқсат алу талап етiлетiн өсiмдiктер дүниесi объектiлерiн заңсыз пайдалану, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 126-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      127-бап. Энергияны немесе суды заңсыз қосу, пайдалану

      1. Электр және (немесе) жылу энергиясын заңсыз қосу, пайдалану, -
      жеке тұлғаларға – елу, лауазымды адамдарға, дара кәсiпкерлерге – жүз, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Су құбырлары желiлерiнен суды заңсыз қосу, пайдалану, сол сияқты кәрiздiк желiлерге заңсыз қосу, -
      жеке тұлғаларға – отыз, лауазымды адамдарға, дара кәсiпкерлерге – алпыс, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға –  жүз елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 127-бап жаңа редакцияда - ҚР 2012.07.04 № 25-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 06.03.2013 N 81-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi).

      128-бап. Өнертабыстарға, пайдалы модельдерге,
              өнеркәсiптiк үлгiлерге, селекциялық
              жетiстiктерге, интегралдық микросхемалар
              топологияларына құқықтарды бұзу

      1. Өнертабысты, пайдалы модельдi, өнеркәсiптiк үлгiнi, селекциялық жетiстiктi, интегралдық микросхема топологиясын заңсыз пайдалану, автордың немесе арыз берушiнiң келiсiмiнсiз өнертабыстың, пайдалы модельдiң, өнеркәсiптiк үлгiнiң, селекциялық жетiстiктiң, интегралдық микросхема топологиясының мәнiн олар туралы мәлiметтер ресми түрде жарияланғанға дейiн жария ету, сол сияқты авторлықты иеленiп алу немесе тең авторлыққа мәжбүрлеу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде, лауазымды адамдарға - елуден жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      жеке тұлғаларға - айлық есептік көрсеткіштің елуден жүзге дейінгі мөлшерінде, лауазымды адамдарға - жүзден жүз елуге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүзден екі жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алты жүзден жеті жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 128-бап жаңа редакцияда - Қазақстан Республикасының 2005.11.22. N 90 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      129-бап. Авторлық және (немесе) сабақтас құқықтарды бұзу

      1. Интернет желісінде пайдалануды қоспағанда, авторлық құқық және сабақтас құқықтар объектiлерiн заңсыз пайдалану, сол сияқты өткiзу мақсатында авторлық құқық және (немесе) сабақтас құқықтар объектілерінің контрафактілік даналарын сатып алу, сақтау, тасымалдау немесе дайындау, авторлықты иеленiп алу немесе тең авторлыққа мәжбүрлеу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, –
      авторлық құқық және (немесе) сабақтас құқықтар объектілерінің даналары, сондай-ақ құқық бұзушылық жасаудың қаруы болған заттар тәркiленiп, жеке тұлғаларға – айлық есептiк көрсеткiштiң оннан он беске дейінгi мөлшерiнде, лауазымды адамдарға – жиырмадан отызға дейiнгi мөлшерiнде, заңды тұлғаларға бір жүзден бір жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, –
      авторлық құқық және (немесе) сабақтас құқықтар объектілерінің даналары, сондай-ақ құқық бұзушылық жасаудың қаруы болған заттар тәркіленіп, жеке тұлғаларға – айлық есептiк көрсеткiштiң oн бестен жиырмаға дейiнгі мөлшерiнде, лауазымды адамдарға – отыздан елуге дейiнгi мөлшерiнде, заңды тұлғаларға бір жүз елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Адамдардың шектелмеген тобының қол жеткізуіне мүмкіндік беру мақсатында авторлық құқық және (немесе) сабақтас құқықтар объектілерін интернет желісінде орналастыру арқылы заңсыз пайдалану, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса, –
      ескерту жасауға әкеп соғады.
      4. Электрондық форматтағы туындылардың және (немесе) сабақтас құқықтар объектілерінің даналарын айырбастауға, сақтауға, тасымалдауға одан әрі қол жеткізу үшін интернет-ресурстарды ұйымдастыру, құру арқылы авторлық құқық және сабақтас құқықтар объектілерін заңсыз пайдалану, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса,–
      авторлық құқық және (немесе) сабақтас құқықтар объектілерінің даналары, сондай-ақ құқық бұзушылық жасаудың қаруы болған заттар тәркіленіп, жеке тұлғаларға – айлық есептік көрсеткіштің оннан он беске дейінгі мөлшерінде, лауазымды адамдарға – жиырмадан отызға дейінгі мөлшерінде, заңды тұлғаларға бір жүзден бір жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың үшінші және төртінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жылдың ішінде қайталап жасалған іс-әрекеттер,–
      авторлық құқық және (немесе) сабақтас құқықтар объектілерінің даналары, сондай-ақ құқық бұзушылық жасаудың қаруы болған заттар тәркіленіп, жеке тұлғаларға – айлық есептік көрсеткіштің он бестен жиырмаға дейінгі мөлшерінде, лауазымды адамдарға – отыздан елуге дейінгі мөлшерінде, заңды тұлғаларға бір жүз елуден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 129-бап жаңа редакцияда - ҚР 2012.01.12 N 537-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      130-бап. Тарих пен мәдениет ескерткiштерiнiң сақталуына
               қатер төндiретiн жобалау, iздестiру, құрылыс,
               мелиорация жұмыстарын және басқа да жұмыс
               түрлерiн жүргiзу

      Тарихи-мәдени мұраларды қорғау мен пайдалану жөнiндегi тиiстi мемлекеттiк органдардың келiсiмiнсiз және осы органдардың нұсқауы бойынша ескерткiштердiң паспорттандырылуы мен сақталуын анықтау жөнiндегi алдын ала шараларды жүзеге асырмай, тарих пен мәдениет ескерткiштерiнiң сақталуына қатер төндiретiн жобалау, iздестiру, құрылыс, мелиорация, жол жұмыстарын және басқа да жұмыс түрлерiн жүргiзу; ескерткiштердi қорғау өңiрлерiнде жер, құрылыс және басқа да жұмыстарды жүргiзу, сондай-ақ тиiстi мемлекеттiк ескерткiштердi қорғау органдарының рұқсатынсыз бұл өңiрлерде шаруашылық қызметпен айналысу, тарих пен мәдениет ескерткiштерiн қорғау мен пайдалануды мемлекеттiк бақылауды жүзеге асыратын тиiстi органдардың ескерткiштердi қорғау жөнiндегi ережелердiң бұзылуын жою туралы нұсқамаларын орындамау, -
      жеке тұлғаларға - жүргізіліп жатқан жұмыстарын тоқтата тұрып не онсыз айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 130-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.21. N 307 Заңдарымен.

      131-бап. Егiстiктер мен екпелердi басып өту

      1. Автомобильмен не трактормен, комбайнмен немесе өзге де өздiгiнен жүретiн машинамен егiстiктердi немесе екпелердi басып өту, -
      айлық есептiк көрсеткiштiң үштен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Егiстiктердi немесе екпелердi күш көлiгiмен басып өту, -
      айлық есептiк көрсеткiштiң бiрден беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      131-1-бап. Егістіктерді, шөмелелерді таптау, ауыл
                  шаруашылығы дақылдарының алқапта жиналған
                  астығын бүлдіру немесе жою, екпелерді зақымдау

      1. Ұйымдық-құқықтық нысанына қарамастан ауыл шаруашылығы ұйымдарының, шаруа немесе фермер қожалықтарының, жеке қосалқы шаруашылықтардың егістіктерін, шөмелелерін мал немесе құс жайып таптау, ауыл шаруашылығы дақылдарының алқапта жиналған астығын бүлдіру немесе жою не екпелерін зақымдау –
      азаматтарға – айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде, лауазымды адамдарға жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған нақ сол іс-әрекеттер –
      азаматтарға – айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде, лауазымды адамдарға жетпістен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 131-1-баппен толықтырылды - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      132-бап. <*>
      Ескерту. 132-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      133-бап. <*>
      Ескерту. 133-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      134-бап. <*>
      Ескерту. 134-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      134-1-бап. Мемлекеттiк заттай гранттарды қайтару
                  мерзiмдерiн бұзу

       Мемлекеттiк заттай гранттардың инвестициялар туралы заңнамада белгiленген қайтару мерзiмдерiн бұзу, -
      шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң үш жүзден төрт жүзге дейінгі мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мыңнан екi мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 134-1-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      135-бап. <*>
      Ескерту. 135-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      135-1-бап. Меншік нысанына қарамастан, террористік
                  тұрғыдан осал объект басшысының немесе өзге
                  лауазымды адамының өзiне сенiп тапсырылған
                  объектінің терроризмге қарсы қорғалуын
                  қамтамасыз ету және қауіпсіздігінің тиісті
                  деңгейін сақтау жөніндегі міндеттерді
                  орындамауы және (немесе) тиісінше орындамауы

      Ескерту. Тақырып жаңа редакцияда - ҚР 2013.01.08 N 63-V (алғашқы ресми жариялағанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Меншік нысанына қарамастан, террористік тұрғыдан осал объект басшысының немесе өзге лауазымды адамының өзiне сенiп тапсырылған объектінің терроризмге қарсы қорғалуын қамтамасыз ету және қауіпсіздігінің тиісті деңгейін сақтау жөніндегі міндеттерді орындамауы және (немесе) тиісінше орындамауы, егер бұл әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсіздік), -
      айлық есептiк көрсеткiштiң оннан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 135-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 , өзгеріс енгізілді - 2006.01.20. N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27. N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2013.01.08 N 63-V (алғашқы ресми жариялағанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      136-бап. Бөтен бiреудiң мүлкiн ұсақ-түйектеп ұрлау

      1. Ұйымға меншiк құқығында тиесiлi немесе оның қарауындағы бөтен бiреудiң мүлкiн ұрлық, алаяқтық жасау, иеленiп кету, жұмсап қою жолымен ұсақ-түйектеп ұрлау, -
      айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде айыппұл салуға, ал егер iстiң мән-жайлары бойынша бұл шараның қолданылуы жеткiлiксiз деп танылса, он тәулiкке дейiн әкiмшiлiк қамауға алуға әкеп соғады.
      2. Ұсақ-түйектеп ұрлау:
      1) бiр топ адамдар қатысып;
      2) бiрнеше мәрте;
      3) тұрғын үйге, қызметтiк немесе өндiрiстiк үй-жайға не сақтау орнына заңсыз кiру арқылы жасалса, -
      айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде айыппұл салуға не он бес тәулiкке дейiн әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту.
      1. Бөтен бiреудiң мүлкiн ұрлау, егер ұрланған мүлiктiң құны заңдарда белгiленген он еселенген айлық есептiк көрсеткiштен аспаса, ұсақ-түйектеп ұрлау деп танылады.
      2. Ұсақ-түйектеп ұрлау, егер бұған дейiн осы бапта көзделген бiр немесе одан да көп әкiмшiлiк құқық бұзушылық жасалған, немесе егер ұсақ-түйектеп ұрлауды Қазақстан Республикасының Қылмыстық кодексiнiң 177-183 250 256 немесе 261-баптарында көзделген қылмыстар жасағаны үшiн сотталған адам жасаған болса, бiрнеше мәрте ұсақ-түйектеп ұрлау деп танылады.

      136-1-бап. Алдау немесе сенiмге қиянат жасау жолымен
                  мүлiктiк залал келтiру

      Алдау немесе сенiмге қиянат жасау жолымен меншiк иесiне немесе өзге мүлiк иеленушiге ұрлық белгiлерiнсiз мүлiктiк залал келтiру –
      айлық есептiк көрсеткiштiң бір жүзден үш жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 13-тарау 136-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      136-2-бап. Бөтен біреудің мүлкiн абайсызда жою немесе
                  бүлдiру

      Бөтен біреудің мүлкiн iрi зиян келтiрiп абайсызда жою немесе бүлдiру –
      айлық есептiк көрсеткiштiң бір жүзден үш жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. Осы бапта айлық есептік көрсеткіштен бес жүз есе асатын мүліктің құны немесе залалдың мөлшері ірі залал ретінде танылады.
      Ескерту. 13-тарау 136-2-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      136-3-бап. Қаржылық (инвестициялық) пирамиданың қызметін
                  жарнамалау

      Қаржылық (инвестициялық) пирамида қызметінің жарнамасын шығару, тарату және орналастыру – бұқаралық ақпарат құралының шығарылуын (эфирге шығуын) үш айға дейінгі мерзімге тоқтата тұрып, жеке тұлғаларға – айлық есептік көрсеткіштің бір жүзден бір жүз елуге дейінгі мөлшерінде, лауазымды тұлғаларға, дара кәсіпкерлерге – бір жүз елуден бір жүз жетпіске дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүзден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүзден алты жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 13-тарау 136-3-баппен толықтырылды - ҚР 17.01.2014 N 166-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

14-тарау. КӘСIПКЕРЛIК ҚЫЗМЕТ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      137-бап. <*>
      Ескерту. 137-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      138-бап. <*>
      Ескерту. 138-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      139-бап. <*>
      Ескерту. 139-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      140-бап. Шикiзатты, азық-түлiк және өнеркәсiп тауарларын
                Қазақстан Республикасының шегiнен тыс жерге
                әкету немесе жiберу ережелерiн бұзу

      1. Шикiзатты, азық-түлiк және өнеркәсiп тауарларын Қазақстан Республикасының шегiнен тыс жерге әкету немесе жiберу ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - онға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      шикiзат немесе тауарлар тәркiлене отырып немесе онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - он беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға алпысқа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 140-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      141-бап. Шикiзатты, азық-түлiк және өнеркәсiп
               тауарларын Қазақстан Республикасының шегiнен
               тысқары жiберу үшiн қабылдау тәртiбiн бұзу

      Пошта ұйымдарының, темiр жол, автомобиль, өзен, теңiз және әуе көлiктерiнiң лауазымды адамдарының шикiзаттарды, азық-түлiк және өнеркәсiп тауарларын Қазақстан Республикасының шегiнен тысқары жiберу үшiн қабылдау ережелерiн бұзуы, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      141-1-бап. Мұнайды және мұнай өнімдерін заңсыз тасымалдау,
                  иелену, өткізу, сақтау, сондай-ақ мұнайды өңдеу

      1. Қылмыстық жаза қолданылатын әрекет белгілері жоқ, мұнайды және мұнай өнімдерінің шығарылуының заңдылығын растайтын құжаттарсыз оны тасымалдау, иелену, өткізу, сақтау, сондай-ақ мұнайды өңдеу, -
      жеке тұлғаларға - жүз, лауазымды адамдарға, дара кәсіпкерлерге - жүз елу, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, -
      жеке тұлғаларға - жүз елу, лауазымды адамдарға, дара кәсіпкерлерге - екі жүз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сегіз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Заң 141-1-баппен толықтырылды - ҚР 2010.10.06 N 343-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      142-бап. <*>
      Ескерту. 142-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      143-бап. Заңсыз кәсіпкерлік

      Кәсіпкерлік қызметті тіркелусіз не егер арнайы рұқсаттың (лицензияның) міндетті түрде болуы талап етілетін жағдайда, мұндай рұқсатсыз (лицензиясыз) немесе лицензиялау талаптарын бұза отырып жүзеге асыру, сол сияқты кәсіпкерлік қызметтің тыйым салынған түрлерімен айналысу, егер бұл әрекеттер азаматқа, ұйымға немесе мемлекетке ірі залал келтірсе не ірі мөлшерде табыс алумен немесе акцизделетін тауарларды едәуір мөлшерде өндірумен, сақтаумен, тасымалдаумен не өткізумен ұштасқан болса, егер бұл іс-әрекетте қылмыстық жазаланатын әрекет белгілері болмаса, -
      жеке тұлғаларға, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – келтірілген зиян сомасының, алынған табыс сомасының және заңсыз кәсіпкерлік нәтижесінде алынған акцизделетін тауарлар құнының отыз пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескертулер.
      1. Осы Кодекстің 143 және 143-2-баптарында азаматқа бір мың айлық есептік көрсеткіштен аспайтын сомада келтірілген залал, не ұйымға немесе мемлекетке он мың айлық есептік көрсеткіштен аспайтын сомада келтірілген залал ірі залал деп танылады.
      2. Осы Кодекстің 143 және 143-2-баптарында сомасы он мың айлық есептік көрсеткіштен аспайтын табыс ірі мөлшердегі табыс деп танылады.
      3. Осы бапта құны бір мың айлық есептік көрсеткіштен аспайтын тауарлар саны едәуір мөлшер деп танылады.
      Ескерту. 143-бап жаңа редакцияда - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      143-1-бап. Қазақстан Республикасының заңнамасында
                  кәсіпкерлік қызметті жүзеге асыруға тыйым
                  салу белгіленген адамның осындай қызметпен
                  айналысуы

      Қазақстан Республикасының заңнамасында кәсіпкерлік қызметті жүзеге асыруға тыйым салу белгіленген адамның осындай қызметпен айналысуы -
      әкімшілік құқық бұзушылық жасау заттары және (немесе) құралдары және (немесе) құқық бұзушылық жасау салдарынан алынған табыстары (дивидендтері), ақшасы, бағалы қағаздары тәркілене отырып, жеке тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 143-1-бап толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      143-2-бап. Заңсыз банктік қызмет

      Банктiк қызметтi (банктiк операцияларды) тiркеусіз немесе рұқсат (лицензия) алу мiндеттi болған жағдайларда мұндай арнаулы рұқсатсыз (лицензиясыз) немесе лицензиялау шарттарын бұзып жүзеге асыру, азаматқа, ұйымға немесе мемлекетке iрi залал келтiрсе, не iрi мөлшерде табыс табумен ұштасса, егер осы iс-әрекетте қылмыстық жазаланатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – келтірілген залал сомасының, заңсыз қызмет нәтижесінде алынған табыс сомасының отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 143-2-бап толықтырылды - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      144-бап. Кино- және бейнешығармаларды көпшiлiкке көрсету
               ережелерiн бұзу

      Белгiленген көрсету уақытын және көрермендер санатын сақтамаудан көрiнiс тапқан, кино- және бейнешығармаларды көпшiлiкке көрсету ережелерiн бұзу, -
      жеке тұлғаларға, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыздан жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 144-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      144-1-бап. Көрiнеу жалған жарнама

      Жарнама берушiнiң жарнамада тауарларға, жұмыстарға немесе қызмет көрсетуге, сондай-ақ оларды өндiрушiлерге, орындаушыларға немесе сатушыларға қатысты көрiнеу жалған ақпаратты пайдалануы пайдакүнемдiк ниетпен жасалса және iрi зиян келтiрсе, –
      жеке тұлғаларға, лауазымды адамдарға, дара кәсіпкерлерге айлық есептік көрсеткіштің бір жүзден үш жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – айлық есептік көрсеткіштің екі жүзден бес жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің бес жүзден бір мыңға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы бапта айлық есептік көрсеткіштен бір жүз есе асатын сомаға жеке тұлғаларға келтірілген залал, не айлық есептік көрсеткіштен бес жүз есе асатын сомаға ұйымға немесе мемлекетке келтірілген залал ірі нұқсан ретінде танылады.
      Ескерту. 14-тарау 144-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      145-бап. Бөтен тауар таңбасын, қызмет көрсету таңбасын,
               тауар шығарылған жердiң атауын немесе фирмалық
               атауды заңсыз пайдалану

      Бөтен тауар таңбасын, қызмет көрсету таңбасын немесе тауар шығарылған жердiң атауын немесе бiртектес тауарларға немесе көрсетілетін қызметтерге арналған, олармен ұқсас белгілеулерді заңсыз пайдалану, сондай-ақ бөтен фирмалық атауды заңсыз пайдалану –
      тауар таңбасының, қызмет көрсету таңбасының, тауар шығарылған жер атауының немесе бiртектес тауарларға немесе көрсетілетін қызметтерге арналған, олармен ұқсас белгілеулердің заңсыз бейнесiн қамтитын тауарлар тәркiлене отырып, жеке тұлғаларға айлық есептік көрсеткіштің оннан отызға дейiнгi мөлшерінде, лауазымды адамдарға – отыздан елуге дейiнгi мөлшерінде, заңды тұлғаларға – елуден бір жүзге дейiнгi мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту:
      1. Осы бапта көрсетiлген құқық бұзушылықтарды жасағаны үшiн тәркiлеу тауардан, оның орамасынан, бланкiлерден немесе басқа да құжаттамадан тауар таңбасының немесе тауар шығарылған жер атауының дайындалған бейнесiн, заңсыз пайдаланылатын тауар таңбасын немесе тауар шығарылған жердiң атауын, сондай-ақ олармен айырғысыз дәрежеге дейiн ұқсас белгiлеуді жою мүмкiн болмаған жағдайда жүргiзiледi.
      2. Осы бапқа сәйкес тәркiленген тауарлар, құқық иеленушiнiң өтiнiшi бойынша оған берiлген жағдайларды қоспағанда, осы Кодекстiң 628-бабында көзделген тәртiппен жойылуға жатады.
      Ескерту. 145-бап жаңа редакцияда - ҚР 13.06.2013 N 104-V (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      146-бап. <*>
      Ескерту. 146-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      146-1-бап. Кредиторлық берешектi өтеуден әдейi жалтару

      Тиiстi сот актiсi заңды күшiне енгеннен кейiн ұйым жетекшiсiнiң немесе азаматтың ірi мөлшердегi кредиторлық берешектi өтеуден әдейi жалтаруы –
      айлық есептiк көрсеткiштiң бір жүзден үш жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. Азаматтың бес жүз айлық есептiк көрсеткiштен асатын сомадағы, ал ұйымның екi мың бес жүз айлық есептiк көрсеткiштен асатын сомадағы берешегi iрi мөлшердегi кредиторлық берешек деп танылады.
      Ескерту. 14-тарау 146-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      147-бап. Монополистік қызмет

       1. Нарық субъектiлерiнiң «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған бәсекелестiкке қарсы келiсiмдерi, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде алынған монополиялық табысы тәркiленiп, лауазымды адамдарға, дара кәсiпкерлерге – бір жүз елу айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi жүзеге асыру нәтижесiнде алынған табысының (түсiмiнiң) бес пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Нарық субъектiлерiнiң «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған бәсекелестiкке қарсы келiсiлген iс-әрекеттерi, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде алынған монополиялық табысы тәркiленiп, лауазымды адамдарға, дара кәсiпкерлерге – бiр жүз елу айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi жүзеге асыру нәтижесiнде алынған табысының (түсiмiнiң) бес пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      3. Нарық субъектiлерiнiң «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған өзiнiң үстем немесе монополиялық жағдайын терiс пайдалануы, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде алынған монополиялық табысы тәркiленiп, лауазымды адамдарға, дара кәсiпкерлерге – бiр жүз елу айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi жүзеге асыру нәтижесiнде алынған табысының (түсiмiнiң) бес пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi, екiншi және үшiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер -
      «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде алынған монополиялық табысы тәркiленiп, лауазымды адамдарға, дара кәсiпкерлерге – үш жүз айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметтi жүзеге асыру нәтижесiнде алынған табысының (түсiмiнiң) он пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жиырма пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      5. Жеке және (немесе) заңды тұлғалардың нарық субъектiлерiнiң экономикалық қызметiн «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған нарық субъектiлерiнiң бәсекелестiкке қарсы келiсiмдерiнiң кез келген нысанына әкеп соқтыра алатындай, әкеп соқтыратын немесе әкеп соқтырған үйлестiруi -
      жеке тұлғаларға – екі жүз айлық есептiк көрсеткiш мөлшерінде, лауазымды адамдарға, дара кәсiпкерлерге – үш жүз айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бес жүз айлық есептiк көрсеткiш мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Осы баптың бесiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет -
      жеке тұлғаларға – үш жүз айлық есептiк көрсеткiш мөлшерінде, лауазымды адамдарға, дара кәсiпкерлерге – төрт жүз айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жеті жүз айлық есептiк көрсеткiш мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту.
      Судья бәсекелестiкке қарсы келiсiм немесе бәсекелестiкке қарсы келiсiлген iс-әрекеттер түрiндегi әкiмшiлiк құқық бұзушылықты жасаған нарық субъектiсiн мынадай шарттарды жиынтықты сақтаған:
      1) нарық субъектiсi монополияға қарсы органға бәсекелестiкке қарсы келiсiмдер немесе бәсекелестікке қарсы келiсiлген iс-әрекеттер туралы мәлiмдеген кезде монополияға қарсы орган басқа көздерден осы бәсекелестiкке қарсы келiсiмдер немесе бәсекелестікке қарсы келiсiлген iс-әрекеттер туралы ақпарат алмаған;
      2) нарық субъектiсi бәсекелестiкке қарсы келiсiмдерге немесе бәсекелестікке қарсы келiсiлген iс-әрекеттерге өзiнiң қатысуын тоқтату жөнiнде жедел шаралар қолданатын;
      3) нарық субъектiсi мәлiмдеген кезден бастап бүкiл тергеу бойында бәсекелестiкке қарсы келiсiмдер немесе бәсекелестікке қарсы келiсiлген iс-әрекеттер фактiлерi туралы толық ақпаратты хабарлайтын;
      4) нарық субъектiсiнiң бәсекелестiкке қарсы келiсiмдер немесе бәсекелестікке қарсы келiсiлген iс-әрекеттердi жасау салдарынан тұтынушыларға келтiрiлген залалды ерiктi түрде өтейтін кезде монополиялық табысын тәркiлеуден босатуы мүмкiн.
      Ескерту. 147-бап жаңа редакцияда - ҚР 06.03.2013 N 81-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi).

      147-1-бап. Қазақстан Республикасының мемлекеттiк монополия
                  туралы заңнамасын бұзу

      1. Мемлекеттiк монополия субъектiсiнiң Қазақстан Республикасының мемлекеттiк монополия туралы заңнамасында белгiленген шектеулердi сақтамауы, -
      мемлекеттiк монополия субъектiсiне айлық есептiк көрсеткiштiң екi жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Мемлекеттiк монополия саласына жатқызылған қызметті уәкілетті емес адамның жүзеге асыруы, -
      әкімшілік құқық бұзушылық заттары және (немесе) құралдары тәркілене отырып немесе онсыз, жеке адамдарға - жүз, лауазымды адамдарға және дара кәсiпкерлерге - жүз жиырма бес, шағын және орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - екі жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 147-1-баппен толықтырылды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), жаңа редакцияда - ҚР 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңдарымен.

      147-2-бап. Нарық субъектiлерiнiң экономикалық шоғырлану
                  кезiндегі заңсыз iс-әрекеттерi

      1. Егер монополияға қарсы орган келісімінің болуы қажет болған жағдайда, нарық субъектiлерiнің мұндай келісімді алмай-ақ экономикалық шоғырлануы, экономикалық шоғырлануға қатысушы нарық субъектiлерiнiң экономикалық шоғырлануға келісім беру туралы шешiмге негiз болған талаптар мен мiндеттемелердi орындамауы -
      жеке тұлғаларға – бір жүз, лауазымды адамдарға, дара кәсiпкерлерге – үш жүз, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Егер жасалған экономикалық шоғырлану туралы хабарламаның болуы қажет болған жағдайда, монополияға қарсы органға мұндай хабарламаны ұсынбау немесе уақтылы ұсынбау -
      жеке тұлғаларға - бір жүз, лауазымды адамдарға, дара кәсiпкерлерге – үш жүз, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 147-2-баппен толықтырылды - ҚР 07.07.2006 N 174 Заңымен (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі); жаңа редакцияда - ҚР 06.03.2013 N 81-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi).

      147-3-бап. Монополияға қарсы органның нұсқамаларын
                 орындамау. Ақпарат беру жөнiндегi
                 мiндеттемелердi бұзу және үй-жай мен
                 аумаққа кiруге кедергi жасау

       Нұсқаманы орындамау немесе оны толық көлемде орындамау, монополияға қарсы органға белгiленген мерзiмде ақпарат бермеу не толық емес көлемде беру, монополияға қарсы органға дұрыс емес және (немесе) жалған ақпарат беру, монополияға қарсы органның тергеу жүргiзетiн лауазымды адамдарының үй-жай мен аумаққа кiруiне кедергi жасау, -
      жеке тұлғаларға айлық есептік көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - екi жүз елуден үш жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - үш жүз елуден төрт жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - бiр мың бес жүзден екi мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 147-3-баппен толықтырылды - ҚР 07.07.2006 N 174 Заңымен (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), өзгерістер енгізілді - ҚР 25.12.2008 N 113-IV (01.01.2009 бастап қолданысқа енгізіледі); 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      147-4-бап. Мемлекеттiк, жергілікті атқарушы органдардың
                  бәсекеге қарсы iс-әрекетi, жосықсыз бәсеке

      Ескерту. 147-4-баптың тақырыбына өзгеріс енгізілді - ҚР 06.03.2013 N 81-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi).

      1. Мемлекеттiк, жергілікті атқарушы органдардың бәсекеге қарсы iс-әрекетi -
      лауазымды адамдарға айлық есептiк көрсеткiштiң үш жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жосықсыз бәсеке -
      дара кәсiпкерлерге айлық есептiк көрсеткiштiң екi жүз елуден үш жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - екi жүз елуден үш жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - бір мыңнан бір мың бес жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
       3. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      лауазымды адамдарға, дара кәсіпкерлерге, шағын және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің үш жүз елуден төрт жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бір мың бес жүзден екі мыңға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 147-4-баппен толықтырылды - ҚР 07.07.2006 N 174 Заңымен (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), өзгерістер енгізілді - ҚР 25.12.2008 N 113-IV (01.01.2009 бастап қолданысқа енгізіледі); 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      147-5-бап. Қазақстан Республикасының табиғи монополиялар
                    және реттелетін нарықтар туралы заңнамасын
                    бұзу

       1. Табиғи монополия субъектісінің табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті органға белгіленген нысандардағы ақпаратты, есепті, хабарламаны табыс етпеуі, сол сияқты белгіленген нысандардағы ақпаратты, есепті, хабарламаны белгіленген мерзімдерін бұза отырып табыс етуі -
      дара кәсіпкерлерге - екі жүз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған нақ сол іс-әрекеттер (әрекетсіздік) -
      дара кәсіпкерлерге - екі жүз елу, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті органға ақпаратты, есепті, хабарламаны табыс ету міндетін қоспағанда, табиғи монополия субъектісінің шектеулерді сақтамауы, сол сияқты табиғи монополия субъектісінің Қазақстан Республикасының табиғи монополиялар және реттелетін нарықтар туралы заңнамасында белгіленген міндеттерді орындамауы немесе тиісінше орындамауы -
      дара кәсіпкерлерге - үш жүз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, табыс (түсім) алуға әкеп соққан іс-әрекеттер (әрекетсіздік) -
      дара кәсіпкерлерге және заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыстың (түсімнің) он проценті мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыс (түсім) деп табиғи монополия субъектісі алған табыс (түсім) пен табиғи монополия субъектісі Қазақстан Республикасының заңнамасын сақтаған кезде алуға тиіс табыс (түсім) арасындағы айырма түсініледі.
      Ескерту. 147-5-бап жаңа редакцияда - Қазақстан Республикасының 2008.12.29 N 116-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      РҚАО-ның ескертпесі!
      147-6-баптың тақырыбына өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен.
      147-6-бап. Электр энергиясын өткізу (сату) тәртібін бұзу

      РҚАО-ның ескертпесі!
      1-бөлікке өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен.
      1. Спот-сауда-саттықта (өздері өндіретін электр энергиясы көлемінің он процентінен аспайтын), теңгерімдеуші нарықта және экспортқа өткізу (сату) жағдайларын қоспағанда, энергия өндіруші ұйымның электр энергиясының тиісінше шекті, жеке, есептік тарифінен асатын тариф бойынша электр энергиясын өткізуі (сатуы) -
      заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыстың (түсімнің) он проценті мөлшерінде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      147-6-бапты 1-1-бөлікпен толықтыру көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен.
      2. Электр энергиясын экспорттаған жағдайды қоспағанда, энергия өндіруші ұйымның көтерме және (немесе) бөлшек сауда нарығының субъектілері болып табылмайтын жеке және заңды тұлғаларға электр энергиясын өткізуі (сатуы) -
      заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыстың (түсімнің) жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
      2-1. Энергия өндіруші ұйымның энергия өндіруші басқа ұйымнан электр энергиясын заңсыз алуы (сатып алуы) -
      орта немесе ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған (сатып алынған) электр энергиясы үшін ақы төлеу сомасының жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      147-6-бапты 2-2, 2-3-бөліктермен толықтыру көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен. 
      3. Энергиямен жабдықтаушы ұйымның энергиямен жабдықтаушы басқа ұйымға электр энергиясын заңсыз өткізуі (сатуы), сол сияқты энергиямен жабдықтаушы басқа ұйымнан оны заңсыз алуы (сатып алуы), -
      заңды тұлғаларға әкiмшiлiк құқық бұзушылық жасау нәтижесiнде өткізілген (сатылған), сол сияқты алынған (сатып алынған) электр энергиясы үшін ақы төлеу сомасының жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескертулер. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыс (түсім) деп мыналар түсініледі:
      РҚАО-ның ескертпесі!
      Осы абзацқа өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен. 
      осы баптың бірінші бөлігі бойынша: осы бапта көзделген жағдайларды қоспағанда, энергия өндіруші ұйымның алған табысы (түсімі) мен электр энергиясының тиісінше шекті, есептік, жеке тарифі бойынша есептелген табыс (түсім) арасындағы айырма;
      РҚАО-ның ескертпесі!
      Осы абзацқа өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен. 
      осы баптың екінші бөліктері бойынша: Қазақстан Республикасының электр энергетикасы туралы заңнамасында белгіленген электр энергиясын өткізуге (сатуға) тыйым салуды бұзу нәтижесінде алынған барлық табыс (түсім).
      Табыс (түсім) құрамына өткізілген (сатылған), бірақ әкімшілік құқық бұзушылық туралы хаттама жасалған күнге ақысы төленбеген электр энергиясының құнын да енгізу керек.
       Ескерту. 147-6-баппен толықтырылды - ҚР 2008.12.29 N 116-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       147-7-бап. Реттелетін нарық субъектілерінің міндеттерді
                   бұзуы

      1. Реттелетін нарық субъектісінің баға деңгейін растайтын негіздемелік материалдарды қоса бере отырып босату бағалары туралы ақпаратты, Қазақстан Республикасының бухгалтерлік есеп пен қаржылық есептілік туралы заңнамасына сәйкес қаржылық есептілікті, сондай-ақ монополиялы өндірілетін (өткізілетін) тауарлардың (жұмыстардың, көрсетілетін қызметтердің) өндіру (өткізу) көлемдері, табыстылық деңгейі мен босату бағалары туралы ақпаратты Қазақстан Республикасының табиғи монополиялар және реттелетін нарықтар туралы заңнамасында белгіленген мерзімде табыс етпеуі, сол сияқты табиғи монополиялар салаларындағы және реттелетін нарықтағы басшылықты жүзеге асыратын уәкілетті органға дұрыс емес және (немесе) толық емес ақпаратты табыс етуі -
      дара кәсіпкерлерге - үш жүз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      1-1. Реттелетін нарық субъектілерінің шекті бағаларда ескерілген инвестициялық бағдарламаларды (жобаларды) орындамауы -
      дара кәсіпкерлерге және заңды тұлғаларға инвестициялық бағдарламаларды (жобаларды) іске асыруға пайдаланылмаған соманың он пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      1-2. Реттелетін нарық субъектілерінің алынған және шекті бағаларда ескерілген инвестициялық бағдарламаларды (жобаларды) іске асыруға пайдаланылмаған табысты (түсімді) тұтынушыларға не тұтынушылардың толық тізбесін белгілеу мүмкін болмаған жағдайда, баға белгілеу тәртібіне сәйкес алдағы кезеңге шекті бағаның деңгейін төмендету арқылы қайтару жөніндегі міндеттерді орындамауы -
      дара кәсіпкерлерге және заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыс (түсім) сомасының жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      1-3. Реттелетін нарық субъектілерінің шекті бағаны негізсіз көтеру нәтижесінде алынған табысты (түсімді) тұтынушыларға не тұтынушылардың толық тізбесін белгілеу мүмкін болмаған жағдайда, баға белгілеу тәртібіне сәйкес алдағы кезеңге шекті бағаның деңгейін төмендету арқылы қайтару жөніндегі міндеттерді орындамауы -
      дара кәсіпкерлерге және заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыс (түсім) сомасының жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Реттелетін нарық субъектісінің бағалардың алдағы көтерілетіні туралы хабарламаны Қазақстан Республикасының заңнамасында белгіленген мерзімде табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті органға ұсынбай тауарлардың (жұмыстардың, көрсетілетін қызметтердің) бағасын көтеруі және оларды өткізуі, сол сияқты табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті орган айқындаған баға деңгейіне дейін Қазақстан Республикасының табиғи монополиялар және реттелетін нарықтар туралы заңнамасында белгіленген тәртіппен қолданыстағы немесе жобаланған бағаны түсірмеуі -
      дара кәсіпкерлерге және заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған табыстың (түсімнің) он проценті мөлшерінде айыппұл салуға әкеп соғады.
      Ескертулер.
      Әкiмшiлiк құқық бұзушылық жасау нәтижесiнде алынған табыс (түсiм) деп мыналар:
      осы баптың 1-2-бөлігі бойынша: реттелетін нарық субъектісінің инвестициялық бағдарламаларды (жобаларды) іске асыру үшін шекті бағаны қолдану есебінен алған табысы (түсімі) мен инвестициялық бағдарламаларды (жобаларды) іске асыруға пайдаланылған табыстың (түсімнің) арасындағы айырма;
      осы баптың 1-3-бөлігі бойынша: реттелетін нарық субъектісінің алған табысы (түсімі) мен шекті баға деңгейін негізге ала отырып қалыптастырылған табыстың (түсімнің) арасындағы айырма;
      осы баптың екiншi бөлiгi бойынша: реттелетiн нарық субъектiсiнiң алған табысы (түсiмi) мен бағаны көтергенге дейiн қолданыста болған баға бойынша не табиғи монополиялар салаларындағы және реттелетiн нарықтардағы басшылықты жүзеге асыратын уәкiлеттi орган деңгейiн айқындаған баға бойынша есептелген табыстың (түсiмнің) арасындағы айырма түсiнiледi.
      Табыстың (түсiмнің) құрамына сатылған, бiрақ әкiмшiлiк құқық бұзушылық туралы хаттама жасалған күнге ақысы төленбеген тауардың (жұмыстардың, көрсетiлетiн қызметтердiң) құнын да енгiзу қажет.
       Ескерту. 147-7-баппен толықтырылды - Қазақстан Республикасының 2008.12.29 N 116-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       147-8-бап. Реттелетін нарық субъектісінің баға белгілеу
                   тәртібін сақтамауы

      Реттелетін нарық субъектісінің Қазақстан Республикасының Үкіметі белгілеген баға белгілеу тәртібін сақтамауы -
      дара кәсіпкерлерге - үш жүз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 147-8-баппен толықтырылды - Қазақстан Республикасының 2008.12.29 N 116-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      РҚАО-ның ескертпесі!
      147-9-бапты алып тастау көзделген - ҚР 2012.07.04 № 25-V (2017.01.01 бастап қолданысқа енгізіледі) Заңымен.
      147-9-бап. Энергия өндіруші ұйымның инвестициялық
                   бағдарламаны орындамауы

      Энергия өндіруші ұйымның табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті орган енгізген инвестициялық бағдарламаны орындау туралы нұсқаманы орындамауы -
      тұтынушылардан алынған және инвестициялық бағдарламаны іске асыру мақсатында пайдаланылмаған сомалардың он проценті мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 147-9-баппен толықтырылды - Қазақстан Республикасының 2008.12.29 N 116-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      147-10-бап. Қазақстан Республикасының биоотын өндірісін
                    және айналымын мемлекеттік реттеу туралы
                    заңнамасын бұзу

      1. Биоотын өндірушілердің кейіннен биоотын етіп қайта өңдеу үшін тамақ шикізатын сатып алуға арналған квоталар нормаларын асырып жіберуі –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың бес жүз жетпіс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      асырып жіберілген квота мөлшерінде тамақ шикізатынан өндірілген өнім тәркілене отырып және биоотынды өндіру жөніндегі қызметпен айналысу әрекеті алты айға дейінгі мерзімге тоқтататыла тұрып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз тоқсан, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың сегіз жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Биоотынды өндіру кезінде 1 және 2-сыныпты бидайды тамақ шикізаты ретінде пайдалану –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Құрамы техникалық регламенттермен белгіленген құрамға сәйкес келмейтін биоотынды сату –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Денатуратталмаған биоэтанолды, оны биоотын өндіру зауытына немесе биоотынның басқа түріне қайта өңдеу үшін мұнай өңдеу зауытына жеткізу жағдайларын қоспағанда, айналымға шығару –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Белгілі бір биоотын өндіру зауытында екі және одан да көп биоотын өндірушілердің биоотын өндіруді жүзеге асыруы –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Биоотын өндірушілердің биоотынды өндіріс паспортынсыз, биоотын өндірісінің көлемін есепке алуды бақылау аспаптарынсыз не олардың бұзылып тұрған уақытында өндіруі –
      осы кезеңде өндірілген өнім тәркілене отырып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Биоотын өндірушілердің генетикалық жағынан түрлендірілген көз (объекті) болып табылатын немесе генетикалық жағынан түрлендірілген көздерді (объектілерді) қамтитын тамақ шикізатын олардың қауіпсіздігін ғылыми тұрғыдан негізделген растаусыз және мемлекеттік тіркеуден өткізусіз қабылдауы –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға тоғыз жүз қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Биоотын өндірушілердің биоотынды ілеспе жүкқұжаттарын ресімдемей сатуы –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Биоотын өндірушілердің, тиісті құжаттары бар кезде биоотынды экспорттауын қоспағанда, биоотын өндіруді жүзеге асырмайтын және (немесе) мұнай өнімдерін компаундирлеуге лицензиясы жоқ тұлғаларға биоотынды сатуы –
      биоотынның сатылған партиясына тең көлемін тәркілей отырып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға тоғыз жүз тоқсан айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Биоотын өндірушілердің, тиісті құжаттары бар кезде биоотынды экспорттауды қоспағанда, өндірілген биоотынды биоотын нарығының қатысушылары болып табылмайтын тұлғаларға оны сақтау үшін беруі –
      биоотынның сатылған партиясына тең көлемін тәркілей отырып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алты жүз алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Тиісті құжаттары бар кезде биоотынды экспорттауды қоспағанда, биоотын нарығының қатысушылары болып табылмайтын және (немесе) мұнай өнімдерін компаундирлеуге лицензиясы жоқ тұлғалардың биоотынды сақтауы –
      биоотынның сатылған партиясына тең көлемін тәркілей отырып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Осы баптың жетінші, сегізінші, тоғызыншы, оныншы, он бірінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      биоотынның тиісті көлемін тәркілей отырып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      14. Осы баптың он екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүз отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 147-10-баппен толықтырылды - ҚР 2010.11.15 № 352-IV (алғашқы ресми жарияланған күнінен бастап күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      147-11-бап. Қазақстан Республикасының газ және газбен
                   жабдықтау туралы заңнамасының талаптарын бұзу

      1. Газбен жабдықтау жүйелері субъектісінің тауарлық, сұйытылған мұнай газын және (немесе) сұйытылған табиғи газды өндіру, тасымалдау (тасу), сақтау және өткізу жөніндегі мәліметтерді табыс етпеуі, сол сияқты мәліметтерді белгіленген мерзімдерді бұза отырып табыс етуі –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының газ және газбен жабдықтау туралы заңнамасында белгіленген газбен жабдықтау жүйелері объектілерін пайдалану жөніндегі шектеулерді сақтамау, –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының газ және газбен жабдықтау туралы заңнамасында белгіленген тауарлық және (немесе) сұйытылған мұнай газын есепке алу және (немесе) өткізу тәртібін бұзу, –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – айлық есептік көрсеткіштің бір жүзден бір жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүзден жеті жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Шикі және (немесе) тауарлық газды сатып алуға мемлекеттің артықшылықты құқығын жер қойнауын пайдаланушының бұзуы –
      заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Тауарлық газбен жабдықтаудың бірыңғай жүйесі объектілерін, тауарлық газбен жабдықтаудың бірыңғай жүйесі объектілеріне ортақ меншік құқығындағы үлестерін және (немесе) тауарлық газбен жабдықтаудың бірыңғай жүйесі объектілерінің меншік иелері – заңды тұлғалар акцияларының пакеттерін (қатысу үлестерін) сатып алуға мемлекеттің басым құқығын газбен жабдықтау жүйелері объектісі меншік иесінің бұзуы –
      заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Тауарлық газбен жабдықтаудың бірыңғай жүйесі объектілерін пайдаланудың белгіленген технологиялық режимдерін тауарлық газбен жабдықтаудың бірыңғай жүйесі субъектілерінің сақтамауы –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Осы баптың үшінші бөлігінде көзделген, кіріс (түсім) алуға әкеп соққан іс-әрекет, –
      аккредиттеу туралы куәлiктiң қолданысын тоқтата тұрып не одан айырып, дара кәсіпкерлер мен заңды тұлғаларға әкімшілік құқық бұзушылық жасау салдарынан алынған кірістің (түсімнің) отыз пайызы мөлшерінде айыппұл салуға әкеп соғады.
      8. Газ желісі ұйымдарын аккредиттеу қағидаларын бұзу –
      аккредиттеу туралы куәліктің қолданысын тоқтата тұрып, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – екі жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Өтініш берушінің аккредиттеу туралы куәлікті алған кезде көрінеу анық емес ақпарат беруі, сол сияқты осы баптың жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік), сондай-ақ аккредиттеу туралы куәліктің қолданысын тоқтата тұру туралы мерзім өткен соң әкімшілік жауаптылыққа тартуға әкеп соқтырған аккредиттеу қағидаларын бұзушылықтарды жоймау – аккредиттеу туралы куәліктен айыра отырып, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – екі жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескертпе. Әкімшілік құқық бұзушылық жасау салдарынан алынған кіріс (түсім) деп әкімшілік құқық бұзушылық жасаған дара кәсіпкер немесе заңды тұлға алған кіріс (түсім) пен дара кәсіпкер немесе заңды тұлға Қазақстан Республикасының заңнамасын сақтаған кезде алуға тиіс болған кіріс (түсім) арасындағы айырма түсініледі.
      Ескерту. Кодекс 147-11-бапппен толықтырылды - ҚР 2012.01.09 N 533-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен; өзгеріс енгізілді - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      147-12-бап. Бағаларына мемлекеттік реттеу белгіленген
                   мұнай өнімдерін, тауарлық және сұйытылған
                   мұнай газын өткізудің шекті бағаларын асырып
                   жіберу

      1. Мұнай өнімдерін бөлшек саудада өткізушілердің Қазақстан Республикасының мұнай өнімдерінің жекелеген түрлерін өндіру және айналымын мемлекеттік реттеу туралы заңнамасына сәйкес белгіленген мұнай өнімдерін бөлшек саудада өткізудің шекті бағасынан асырып жіберуі, -
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Тауарлық және сұйытылған мұнай газын көтерме саудада өткізуді жүзеге асырушы тұлғалардың газ және газбен жабдықтау туралы Қазақстан Республикасының заңнамасына сәйкес белгіленген көтерме саудада өткізудің шекті бағасын асырып жіберуі, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүзден үш жүзге дейін, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мыңнан екі мыңға дейінгі айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер,–
      аккредиттеу туралы куәлiктiң қолданысын тоқтата тұрып не одан айырып, дара кәсіпкерлерге, заңды тұлғаларға әкімшілік құқық бұзушылық жасау салдарынан алынған кірістің (түсімнің) жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
      Ескертпе. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс (түсім) деп әкімшілік құқық бұзушылық жасаған дара кәсіпкер немесе заңды тұлға алған кіріс (түсім) пен Қазақстан Республикасының заңнамасы сақталған кезде дара кәсіпкер немесе заңды тұлға алуға тиіс  болған кіріс (түсім) арасындағы айырма түсініледі.
      Ескерту. Кодекс 147-12-баппен толықтырылды - ҚР 2012.01.09 N 533-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      147-13-бап. Қазақстан Республикасының электр энергетикасы
                 туралы заңнамасын бұзу

      РҚАО-ның ескертпесі!
      1-бөлік 2017.01.01 дейін қолданыста болады - ҚР 2012.07.04 № 25-V Заңымен.
      1. Энергия өндіруші ұйымның Қазақстан Республикасының электр энергетикасы туралы заңнамасында көзделген инвестициялардың көлемі мен бағыттары не инвестициялық міндеттемелердің орындалуы туралы мәліметтерді бұқаралық ақпарат құралдарында жарияламауы, уақтылы, дұрыс немесе толық жарияламауы, -
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      2-бөлік 2017.01.01 дейін қолданыста болады - ҚР 2012.07.04 № 25-V Заңымен.
      2. Энергия өндіруші ұйымның Қазақстан Республикасының электр энергетикасы туралы заңнамасында көзделген электр энергиясын өндіру мен өткізу шығындары бойынша және электр энергиясын өндіру мен өткізу көлемі бойынша есепті ұсынбауы, уақтылы, дұрыс немесе толық ұсынбауы, -
      орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Энергия өндіруші ұйымның мемлекеттік органдар сұратқан, Қазақстан Республикасының электр энергетикасы туралы заңнамасында көзделген өз өкілеттіктерін жүзеге асыру үшін қажетті ақпаратты ұсынбауы, уақтылы, дұрыс немесе толық ұсынбауы, -
      орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      4-бөлік 2017.01.01 дейін қолданыста болады - ҚР 2012.07.04 № 25-V Заңымен.
      4. Қазақстан Республикасының электр энергетикасы туралы заңнамасында көзделген жағдайларды қоспағанда, энергия өндіруші ұйымның келісімде айқындалған инвестициялық міндеттемелерді орындамауы, -
      орта немесе ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға келісімде көзделген инвестициялық міндеттемелерді іске асыруға пайдаланылмаған соманың он пайызы мөлшерінде айыппұл салуға әкеп соғады.
      5. Энергиямен жабдықтаушы ұйымның тұтынушыларға электр энергиясын беруді заңсыз шектеуі және (немесе) ажыратуы, -
      лауазымды адамдарға, дара кәсіпкерлерге – жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жетпіс бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Энергиямен жабдықтаушы ұйымның тұтынушымен энергиямен жабдықтаудың жеке шартын жасасудан бас тартуы, -
      лауазымды адамдарға, дара кәсіпкерлерге – жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жетпіс бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 147-13-баппен толықтырылды - ҚР 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      148-бап. <*>
      Ескерту. 148-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      149-бап. <*>
      Ескерту. 149-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      150-бап. <*>
      Ескерту. 150-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      151-бап. Лауазымды адамдардың кәсiпкерлiк қызметке
               заңсыз араласуы

      Қадағалау және бақылау функцияларын жүзеге асыратын мемлекеттiк органдардың, сондай-ақ жергiлiктi атқарушы органдардың лауазымды адамдарының дара кәсiпкерлердiң, заңды тұлғалардың қызметiне заңсыз араласуы, олардың кәсiпкерлiк қызметiне кедергi келтiретiн заңсыз актiлер шығару және заңсыз тапсырмалар беру арқылы араласуы, -
      айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 151-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      151-1-бап. Кәсіпқой спорт жарыстарының және коммерциялық
                  ойын-сауық конкурстарының қатысушылары мен
                  ұйымдастырушыларын сатып алу

      1. Спортшыларды, спорт судьяларын, жаттықтырушыларды, команда басшыларын және кәсіпқой спорт жарыстарының басқа да қатысушыларын немесе ұйымдастырушыларын, сол сияқты коммерциялық ойын-сауық конкурстарының ұйымдастырушыларын немесе жюри мүшелерін осы жарыстардың немесе конкурстардың нәтижелеріне ықпал ету мақсатында сатып алу –
      айлық есептiк көрсеткiштiң бір жүзден екі жүзге дейiнгі мөлшерiнде айыппұл салуға не отыз тәулікке дейін әкімшілік қамауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      айлық есептiк көрсеткiштiң екі жүзден төрт жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      3. Спортшылардың өздеріне жарыс нәтижелеріне ықпал ету мақсатында берілген ақшаны, бағалы қағаздарды немесе өзге де мүлікті заңсыз алуы, сол сияқты спортшылардың дәл сол мақсаттарда өздеріне ұсынылған мүліктік сипаттағы қызметтерді заңсыз пайдалануы –
      айлық есептiк көрсеткiштiң екі жүзден төрт жүзге дейiнгі мөлшерiнде айыппұл салуға не отыз тәулікке дейін әкімшілік қамауға әкеп соғады.
      4. Спорт судьяларының, жаттықтырушылардың, команда басшыларының және кәсіпқой спорт жарыстарының басқа да қатысушыларының немесе ұйымдастырушыларының, сол сияқты коммерциялық ойын-сауық конкурстары ұйымдастырушыларының немесе жюри мүшелерінің осы баптың үшінші бөлігінде көрсетілген мақсаттарда ақшаны, бағалы қағаздарды немесе өзге де мүлікті заңсыз алуы, мүліктік сипаттағы қызметтерді заңсыз пайдалануы –
      айлық есептiк көрсеткiштiң екі жүзден төрт жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 14-тарау 151-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      152-бап. <*>
      Ескерту. 152-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      153-бап. Жеке кәсіпкерлік субъектілеріне тексеру
                жүргізу тәртібін бұзу

      1. Жеке кәсіпкерлік субъектілеріне тексеру жүргізу тәртібін бұзу, оның ішінде:
      1) тексеру жүргізу негіздерінің болмауы;
      2) тексеруді тағайындау туралы актінің болмауы;
      3) тексеру жүргізу туралы хабарлау мерзімдерін сақтамау;
      4) егер Қазақстан Республикасының заңдарында, Қазақстан Республикасы Президентінің жарлықтарында және Қазақстан Республикасы Үкіметінің қаулыларында белгіленген талаптар мемлекеттік органның құзыретіне жатпаса, осындай талаптардың орындалуын тексеру;
      6) өнім үлгілеріне, қоршаған орта объектілерін және өндірістік орта объектілерін зерттеу сынамаларына зерттеу, сынау, өлшеу жүргізу үшін көрсетілген үлгілердің, сынамалардың белгіленген нысан бойынша және (немесе) ұлттық стандарттарда, үлгілерді, сынамаларды іріктеп алу қағидаларында және олардың зерттеу, сынау, өлшеу әдістерінде, техникалық регламенттерде немесе олар қолданысқа енетін күнге дейін қолданыста болатын өзге де нормативтік техникалық құжаттарда, зерттеу, сынау, өлшеу қағидаларында және әдістерінде белгіленген нормадан асатын санда іріктеп алынуы туралы хаттамаларды ресімдемей, оларды іріктеп алу;
      7) Қазақстан Республикасының заңнамасында көзделген жағдайларды қоспағанда, тексеру жүргізу нәтижесінде алынған және коммерциялық немесе заңмен қорғалатын өзге де құпия болып табылатын ақпаратты жария ету және (немесе) тарату;
      8) тексеру жүргізудің белгіленген мерзімдерінен асып кету;
      9) Қазақстан Республикасындағы мемлекеттік бақылау және қадағалау туралы» Қазақстан Республикасының Заңы 16-бабының 7-тармағы 2), 4), 6), 7) және 8) тармақшаларында көзделген жағдайларды қоспағанда, белгілі бір мәселе бойынша, белгілі бір кезеңде бұрын тексеру жүргізілген жеке немесе заңды тұлғаға қатысты көрінеу қайта тексеру жүргізу;
      10) мемлекеттік бақылау мақсатында шығынды сипаттағы іс-шараларды жеке кәсіпкерлік субъектілерінің есебінен жүргізу;
      11) жоспарлы тексеруді тағайындау кезінде алдыңғы тексеруге қатысты уақыт аралығын бұзу;
      12) тексерілетін субъектіге тексеру актісін ұсынбау, -
      лауазымды адамға айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші тармағында көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      лауазымды адамға айлық есептік көрсеткіштің жиырмадан жиырма беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 153-бап жаңа редакцияда - ҚР 2009.07.17. N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен, ҚР 2011.01.06 N 378-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.07.05 N 452-IV (2011.10.13 қолданысқа енгізіледі), 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      154-бап. Жалған кәсіпкерлік

      1. Жалған кәсіпкерлік, яғни кәсіпкерлік қызметті жүзеге асыру ниетінсіз жеке кәсіпкерлік субъектісін құру не басқа заңды тұлғалардың өз шешімдерін айқындау құқығын беретін акцияларын (қатысу үлестерін, пайларын) сатып алу, сол сияқты оларға басшылық ету, егер жасалған барлық мәмілелер құқыққа қарсы мақсаттарды көздеген, егер бұл іс-әрекеттерде қылмыстық жазаланатын әрекет белгілері болмаған жағдайда, -
      жеке тұлғаларға, дара кәсiпкерлерге – келтірілген залал сомасының отыз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпіс пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      жеке тұлғаларға, дара кәсiпкерлерге – келтірілген залал сомасының елу, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жетпіс, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Осы бапта және осы Кодекстің 154-1-бабында құқыққа қарсы мақсаттарды көздейтін мәмілелерге кредиттерді заңсыз алуға, салық төлеуден жалтаруға, тыйым салынған қызметті жасыруға, табыстарды заңсыз алуға және (немесе) өзге де мүліктік пайда алуға бағытталған мәмілелер, сондай-ақ көрсетілген іс-әрекеттерді жасауға жәрдемдесу жатады.
      Ескерту. 154-бап жаңа редакцияда - ҚР 2009.12.08 N 225-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен, өзгеріс енгізілді - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      154-1-бап. Жеке кәсіпкерлік субъектісінің кәсіпкерлік
                  қызметті жүзеге асыру ниетінсіз мәміле
                  (мәмілелер) жасасуы

      1. Жеке кәсіпкерлік субъектілерінің іс жүзінде жұмыстарды орындамай, қызметтерді көрсетпей, тауарларды тиеп жібермей, құқыққа қарсы мақсаттарды көздеген мәміле (мәмілелер) жасасуы (оның ішінде шот-фактураны пайдалану арқылы жасасуы), егер бұл іс-әрекетте қылмыстық жазаланатын әрекет белгілері болмаса, -
      жеке тұлғаларға, дара кәсiпкерлерге – келтірілген залал сомасының он бес, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға, дара кәсiпкерлерге – келтірілген залал сомасының отыз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпіс пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 154-1-баппен толықтырылды - ҚР 2009.12.08 N 225-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен, өзгеріс енгізілді - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      155-бап. Оңалту және банкроттық кезiндегi заңсыз
                әрекеттер

      1. Мүлiктi және мүлiктiк мiндеттемелердi, мүлiк, оның көлемi, тұрған орны туралы мәлiметтердi не мүлiк туралы өзге де ақпаратты жасыру, мүлiктi басқа адамның иелігіне беру, мүлiктi иелiктен шығару немесе жою, сол сияқты экономикалық қызметтi көрсететiн бухгалтерлiк және өзге де есептiк құжаттарды ұсынбау, жасыру, жою, бұрмалау, оларды қалпына келтіру жөнінде шаралар қабылдамау, егер бұл әрекеттер (әрекетсіздік) оңалту немесе банкроттық кезiнде немесе банкрот болатынын алдын ала бiлген кезде жасалса және қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, –
      жеке немесе лауазымды тұлғаларға – сексен, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға, коммерциялық емес ұйымдарға – үш жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Өзiнiң iс жүзiндегi дәрменсiздiгiн (банкроттығын) бiлетiн борышкердің лауазымды адамының, борышкер мүлкінің меншiк иесiнiң немесе дара кәсiпкердiң, сондай-ақ банкроттық рәсімі немесе оңалту рәсiмi кезiнде дәрменсiз борышкердiң мүлкi мен iстерiн басқару функциялары берiлген тұлғаның басқа кредиторларға залал келтiретiнiн бiле тұра жекелеген кредиторлардың мүлiктiк талаптарын заңсыз қанағаттандыруы, сол сияқты дәрменсiз борышкердiң басқа кредиторларға залал келтiре отырып, өзiне артықшылық жасағанын білетін кредитордың мұндай қанағаттандыруды қабылдауы, егер мұндай әрекеттер iрi залал келтiрмесе, –
      жеке, лауазымды тұлғаларға – бір жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға, коммерциялық емес ұйымдарға – алты жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 155-бап жаңа редакцияда - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      155-1-бап. Қазақстан Республикасының оңалту және
                  банкроттық туралы заңнамасын уақытша
                  басқарушының бұзуы

      1. Сотқа борышкердің қаржылық жағдайы туралы қорытынды беру міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Банкроттың мүліктік массасына түгендеу жүргізу және (немесе) түгендеу жөніндегі есеп беру міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Банкроттық туралы іс қозғау және кредиторлардың талаптарын мәлімдеу тәртібі туралы хабарландыруды оңалту және банкроттық саласындағы уәкілетті органның интернет-ресурсында орналастыру үшін оған жіберу міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Сот талқылауы кезеңінде борышкердің мүлкі мен активтерін меншік иесінің, құрылтайшылардың (қатысушылардың) шығарып әкетуін болғызбау мақсатында борышкердің активтерін бақылауды қамтамасыз етпеу –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Оңалту және банкроттық саласындағы уәкілетті органға белгіленген нысандағы банкроттық рәсімінің жүзеге асырылу барысы туралы ақпаратты ұсыну міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасына сәйкес мәлімделген талаптарды қарау нәтижелері бойынша қабылданған шешім туралы кредиторларды уақтылы хабардар етпеу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Кредиторлар жиналысының өтетін күні, уақыты мен орны туралы кредиторларға хабарлау міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгіленген электрондық аукцион өткізу туралы ақпараттық хабарлама орналастыру тәртібін бұзу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Борышкердің өзінің шеттетілген лауазымды тұлғаларынан құрылтайшылық, қаржылық, құқық белгілейтін және өзге де құжаттары мен мөрін қабылдау, сол сияқты шеттетілген лауазымды адамдарының аталған құжаттар мен мөрлерді уақытша басқарушыға беруі бөлігінде сот шешімін орындау бойынша атқару парағын беру туралы өтінішпен сотқа жүгіну міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Сот іс бойынша іс жүргізуді тоқтата тұру немесе тоқтату туралы ұйғарым, борышкерді банкрот деп танудан бас тарту туралы шешім шығарған не борышкерді банкрот деп тану туралы сот шешімінің күші жойылған жағдайда өкілеттіктерді уақытша басқарушыдан банкроттықты басқарушыға немесе борышкерге беру кезінде, уақытша басқарушыны ауыстыру, сондай-ақ банкроттық рәсімін қозғамай-ақ таратуды жүргізуді оңалту және банкроттық саласындағы уәкілетті органға жүктеу кезінде борышкердің құрылтайшылық құжаттарын, есептік құжаттамасын, мөрлерін, мөртабандарын, материалдық және өзге де құндылықтарын беру міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Кредитордың және борышкер мүлкінің меншік иесінің жазбаша сұрау салуы негізінде ақпарат ұсыну міндетін орындамау не тиісінше орындамау -
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Кредиторлар талаптарының тізілімін қалыптастыру міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Кәдімгі коммерциялық операциялар шеңберінен тыс мәмілелерді келісу туралы борышкердің өтінішін қарау міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      14. Банкроттың тез бұзылатын мүлкін оңалту және банкроттық саласындағы уәкілетті органның келісімінсіз сатуды жүзеге асыру –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      15. Осы баптың бірінші - он төртінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайтадан жасалған әрекеттер (әрекетсіздік) –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 155-1-баппен толықтырылды - ҚР 2008.07.05 N 60-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен, жаңа редакцияда - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      155-2-бап. Көпшiлiк сауда-саттықтар, аукциондар мен
                  конкурстар өткiзудiң белгiленген тәртiбiн
                  қасақана бұзу

      Мүлiк иесiне, сауда-саттықтарды немесе аукциондарды ұйымдастырушыға, сатып алушыға немесе өзге де шаруашылық жүргiзушi субъектiге iрi зиян келтiріп, көпшiлiк сауда-саттықтар, аукциондар немесе конкурстар өткiзу тәртiбiн қасақана бұзу –
      айлық есептiк көрсеткiштiң бір жүзден үш жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. Осы бапта айлық есептік көрсеткіштен бір жүз есе асатын сомаға жеке тұлғаға келтірілген залал, не айлық есептік көрсеткіштен бес жүз есе асатын сомаға ұйымға немесе мемлекетке келтірілген залал ірі залал деп танылады.
      Ескерту. 14-тарау 155-2-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      155-3-бап. Қазақстан Республикасының оңалту және
                  банкроттық туралы заңнамасын банкроттықты
                  басқарушының бұзуы

      1. Түгендеу жүргізу және (немесе) кредиторлар жиналысына түгендеу жөніндегі есеп ұсыну міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Банкроттың мүлкін күзетуді және бақылауды қамтамасыз ету міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгіленген жағдайларды қоспағанда, банкрот алдында берешегі бар адамдардан берешекті өндіріп алу туралы талаптар қою міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Оңалту және банкроттық саласындағы уәкілетті органға банкроттық рәсімінің жүзеге асырылу барысы туралы ағымдағы ақпаратты беру міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Банкроттық рәсімінде кредиторлар жиналысының өткізілу күні, уақыты мен орны туралы кредиторды хабардар етпеу не тиісінше хабардар етпеу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгіленген электрондық аукцион өткізу туралы ақпараттық хабарламаны орналастыру тәртібін бұзу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Сату жоспарын жасау тәртібін бұзу не банкроттың мүлкін (активтерін) сату жоспарын бұза отырып борышкердің мүлкін сату –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Кредиторлар жиналысы есеп айырысуға көшу туралы шешім қабылдағаннан кейін кредиторлармен есеп айырысуды жүзеге асыру міндетін орындамау не тиісінше орындамау, сол сияқты кредиторлармен есеп айырысуды кредиторлардың талаптарын қанағаттандырудың белгіленген тәртібін бұза отырып жүргізу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Әдейі және (немесе) жалған банкроттық белгілері анықталған жағдайларда құқық қорғау органдарына ақпаратты хабарламау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Борышкердің немесе ол уәкілеттік берген адамның Қазақстан Республикасының азаматтық заңнамасында және «Оңалту және банкроттық туралы» Қазақстан Республикасының Заңында көзделген талаптарды бұза отырып жасаған мәмілелерін анықтау міндеттерін орындамау не тиісінше орындамау және оларды жарамсыз деп тану не мүлікті сот тәртібімен банкроттың мүліктік массасына қайтару туралы талаптарды қоймау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Әкімшілік шығыстар сметасында көзделген ақшалай қаражатты асыра жұмсау не мақсатқа сай пайдаланбау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Банкроттықты басқарушыны шеттету (босату) немесе борышкерді банкрот деп тану туралы сот шешімінің күшін жою кезінде борышкердің құрылтайшылық құжаттарын, есепке алу құжаттамасын, мөрлерін, мөртабандарын, материалдық және өзге де құндылықтарын жаңадан тағайындалған банкроттықты басқарушыға немесе борышкерге беру міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Сотқа қорытынды есепті ұсынбау, уақтылы ұсынбау не Қазақстан Республикасының оңалту және банкроттық туралы заңнамасының талаптарына сәйкес келмейтін қорытынды есепті ұсыну -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      14. Растайтын құжаттарды қоса бере отырып, сұратылған ақпаратты оңалту және банкроттық саласындағы уәкілетті органға ұсыну міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      15. Кредитордың жазбаша сұрау салуы негізінде банкроттық рәсімдердің жүзеге асырылу барысы туралы хабарламаны оған хабарламау не уақтылы хабарламау -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      16. Кредиторлар комитетінің шешімі негізінде кредиторға талаптарды есепке жатқызу туралы уақтылы мәлімдемеу -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      17. Мемлекеттік органдардан, жеке және заңды тұлғалардан банкрот, оған тиесілі (тиесілі болған) мүлік туралы ақпаратты және растайтын құжаттардың көшірмелерін талап ету міндетін орындамау не тиісінше орындамау -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      18. Борышкердің лауазымды тұлғаларының кінәлары анықталған жағдайда залалды (субсидиялық жауаптылықты) өндіріп алу (өтету) туралы сотқа талаптар қоймау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      19. Егер банкроттықты басқарушымен келісімде өзгеше көзделмесе, банкрот пен оның кредиторларының мүдделерін қозғайтын сот актісінің көшірмесін оның шағымдану мәселесін қарау үшін кредиторлар комитетіне ұсыну міндетін орындамау не тиісінше орындамау -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      20. Уақытша басқарушыдан банкроттың мүлкіне құрылтай, қаржылық және құқық белгілейтін құжаттарды, банкроттың мөрі мен мүлкін қабылдау міндетін орындамау не тиісінше орындамау -
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      21. Банкроттың банктік шотының уақтылы жабылмауы, салық органына салық төлеуші куәлігінің және қосылған құн салығы бойынша есепке қою куәлігінің бланктерін (олар болған кезде) тапсырмау, банкроттың мөрін жою –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      22. Осы баптың бірінші - жиырма бірінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайтадан жасалған әрекеттер (әрекетсіздік) –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 155-3-баппен толықтырылды - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      155-4-бап. Қазақстан Республикасының оңалту және
                 банкроттық туралы заңнамасын уақытша әкімшінің
                 бұзуы

      1. Оңалту және банкроттық саласындағы уәкілетті органның интернет-ресурсына орналастыру үшін оңалту рәсімін қолдану және кредиторлардың талаптарын мәлімдеу тәртібі туралы хабарландыруды оған жіберу міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгіленген кредиторлар талаптарының тізілімін қалыптастыру тәртібін бұзу –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Оңалту жоспарының тиімділігі туралы қорытындыны сотқа жіберу міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Кәдімгі коммерциялық операциялар шеңберінен тыс мәмілелерді келісу туралы борышкердің өтінішін бес жұмыс күні ішінде қарау міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Растайтын құжаттарды қоса бере отырып, сұратылатын ақпаратты оңалту және банкроттық саласындағы уәкілетті органға ұсыну міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Кредиторлардың талаптарын қарау және оларға қарау нәтижелерін жеткізу міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Кредиторлар жиналысын өткізу орны мен күні туралы кредиторларға хабарлау міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Кредиторлармен оңалту жоспары келісілмеген және (немесе) оңалту жоспары «Оңалту және банкроттық туралы» Қазақстан Республикасының Заңында белгіленген мерзімде сотқа ұсынылмаған жағдайда оңалту рәсімін тоқтату туралы сотқа өтініш беру міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Осы баптың бірінші - сегізінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайтадан жасалған әрекеттер (әрекетсіздік) –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 155-4-баппен толықтырылды - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      155-5-бап. Қазақстан Республикасының оңалту және
                 банкроттық туралы заңнамасын оңалтуды
                 басқарушының бұзуы

      1. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгіленген электрондық аукцион өткізу туралы ақпараттық хабарламаны орналастыру тәртібін бұзу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Кредиторлар комитетімен оңалту рәсімінде жасасқан келісімнің шарттарын орындамау, –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Борышкердің мүлкін басқаруға және оның күзетілуін қамтамасыз етуге қабылдау міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Оңалту жоспарын орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Оңалту және банкроттық саласындағы уәкілетті органға құжаттардың көшірмелерін қоса бере отырып, оңалту рәсімінің жүзеге асырылу барысы туралы ағымдағы ақпаратты ұсыну міндетін орындамау не тиісінше орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Оңалту рәсімінде кредиторлар жиналысының өтетін күні, уақыты мен орны туралы кредиторды хабардар етпеу не тиісінше хабардар етпеу –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Оңалтуды басқарушы шеттетілген (босатылған) немесе ауыстырылған кезде тағайындалған оңалтуды басқарушыға борышкердің құрылтайшы, қаржылық, құқық белгілейтін және өзге де құжаттары мен мөрін беру міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Оңалту рәсімінде кредиторлар жиналысының келісуінсіз оңалту жоспарында көзделмеген кәдімгі коммерциялық операциялар шеңберінен тыс мәмілелерді жасау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Сотқа қорытынды есепті ұсынбау, уақтылы ұсынбау не Қазақстан Республикасының оңалту және банкроттық туралы заңнамасының талаптарына сәйкес келмейтін қорытынды есепті ұсыну –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Борышкерді төлем қабілетсіздігіне әдейі жеткізу белгілерінің бар екенін (жоқ екенін) анықтау және белгілер болған кезде құқық қорғау органдарына процестік шешімдер қабылдау үшін өтініш жолдау міндетін орындамау не тиісінше орындамау –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Кредитордың жазбаша сұрау салуы негізінде оған борышкер қызметінің жүзеге асырылу барысы туралы ақпаратты ұсыну міндетін орындамау не тиісінше орындамау –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Растайтын құжаттарды қоса бере отырып, сұратылатын ақпаратты оңалту және банкроттық саласындағы уәкілетті органға ұсыну міндетін орындамау не тиісінше орындамау –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Оңалту жоспарына өзгерістер мен толықтырулар енгізу туралы өтінішхатты сотқа жіберу міндетін орындамау не тиісінше орындамау –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      14. Оңалту рәсімін тоқтата тұру туралы сотқа уақтылы жүгінбеу –
      отыз айлық көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      15. Кредиторлар комитеті мүшелерінің назарына қаржылық жағдай туралы, кредиторлар комитетіне кәдімгі коммерциялық операциялар барысында жасалған мәмілелер туралы ақпаратты жеткізу міндетін орындамау не тиісінше орындамау –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      16. Қазақстан Республикасының азаматтық заңнамасында және «Оңалту және банкроттық туралы» Қазақстан Республикасының Заңында көзделген талаптарды бұза отырып борышкер немесе ол уәкілеттік берген тұлға жасасқан мәмілелерді анықтау міндетін орындамау не тиісінше орындамау және оларды жарамсыз деп тану не мүлікті сот тәртібімен қайтару туралы талаптарды бермеу –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      17. Оңалту жоспарында көзделмеген әрекеттерді олар жасалғанға дейін кредиторлар жиналысымен келіспеу –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      18. Егер оңалту рәсімін қолданудан кейін пайда болған, борышкердің кредиторлық берешегінің жалпы сомасы оңалту рәсімін енгізген кездегі кредиторлық берешектің жалпы сомасының жиырма пайызынан асатын болса, кредиторлық берешекті ұлғайтуға әкеп соғатын мәмілелерді кредиторлар жиналысының мақұлдауынсыз жасау –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      19. Осы баптың бірінші – он сегізінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайтадан жасалған әрекеттер (әрекетсіздік) –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 155-5-баппен толықтырылды - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      156-бап. Әдейi банкроттық

      Әдейi банкроттық, яғни заңды тұлға құрылтайшысының (қатысушысының), лауазымды адамының, органдарының, сол сияқты дара кәсiпкердiң жеке мүдделерi немесе өзге де адамдардың мүдделерi үшін жасаған әрекеттері (әрекетсіздігі) нәтижесінде төлем қабiлетсiздiгiн қасақана жасау немесе ұлғайту, егер бұл іс-әрекетте қылмыстық жаза қолданылатын іс-әрекет белгiлерi болмаса, –
      лауазымды адамдарға, дара кәсiпкерлерге – бір жүз елу, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – бес жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сегіз жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 156-бап жаңа редакцияда - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      157-бап. Жалған банкроттық

      Жалған банкроттық, яғни заңды тұлға құрылтайшысының (қатысушысының), лауазымды адамының, органдарының, сол сияқты жеке кәсiпкердiң кредит берушiге тиесiлi төлемдердi кейiнге қалдыруды немесе ұзартуды немесе борыштардан шегерiм жасатқызу үшiн кредит берушiлердi адастыру мақсатында өзiнiң дәрменсiздiгi туралы көрiнеу жалған хабарлауы, сол сияқты борыштарын төлемеуi, егер бұл әрекетте қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      лауазымды адамдарға, дара кәсiпкерлерге – жетпіс, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жеті жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 157-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2008.07.05 N 60-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi); 07.03.2014 N 177-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      157-1-бап. Қазақстан Республикасының бағалау қызметі
                  туралы заңнамасын бұзу

      1. Бағалаушының мүлікті бағалау туралы бұрыс есеп жасауы, сол сияқты Қазақстан Республикасының бағалау қызметі туралы заңнамасында тыйым салынған жағдайларда мүлікті бағалауды жүзеге асыруы, –
      бағалау қызметін жүзеге асыру құқығына берілген лицензияның қолданылуын тоқтата тұрып, дара кәсіпкерлерге – елу, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйым болып табылатын заңды тұлғаларға – жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер,-
      бағалау қызметін жүзеге асыру құқығына берілген лицензиядан айыра отырып, дара кәсіпкерлерге – жетпіс, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйым болып табылатын заңды тұлғаларға – тоқсан, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 157-1-баппен толықтырылды - ҚР 2009.11.09 N 197-IV (қолданысқа енгізілу тәртібін 3-б. қараңыз. 2009.11.13 жарияланды) Заңымен.

      158-бап. Коммерциялық құпияны , банк құпиясын, кредиттік
               бюроның кредиттік тарих деректері базасынан
               алынған кредиттік есептердің мәліметтерін
               немесе ақпаратты сақтау мiндеттерiн бұзу

      Коммерциялық құпия, банк құпиясы, не кредиттік бюроның кредиттік тарих деректері базасынан алынған кредиттік есептердің мәліметтері немесе ақпарат бар мәлiметтердi сақтау мiндеттерiн, ол кәсiптiк немесе қызметтiк мiндетiне байланысты өзiне мәлiм болған адамның олардың иелерiнiң келiсiмiнсiз бұзуы, егер онда қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      1. Меншiк иесiне немесе заң актiлерiне сәйкес осындай мәлiметтердi алу құқығы бар адамдарға олардың заңды талабы бойынша коммерциялық құпия, банк құпиясы, не кредиттік бюроның кредиттік тарих деректері базасынан алынған кредиттік есептердің мәліметтері немесе ақпарат бар мәлiметтердi берген жағдайда тұлға жауапты болмайды.
      2. Осы бапта көзделген әрекеттi жасағаны үшiн әкiмшiлiк жауаптылыққа тарту, залал келтiрiлген ұйымның, меншiк иесiнiң немесе жеке кәсiпкердiң арызы бойынша жүзеге асырылады.
      Ескерту. 158-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2004.07.06. N 572, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      158-1-бап. Сақтандыру құпиясын сақтау мiндетiн бұзу

      Сақтандыру құпиясы бар мәлiметтердi сақтау мiндетiн, олар өзiнiң кәсiби немесе қызметтiк мiндетiне байланысты белгiлi болған адамның олардың иесiнiң келiсiмiнсiз бұзуы, -
      елу айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 158-1-баппен толықтырылды - ҚР 2003.07.10. N 483 (2004 жылғы 1 қаңтардан бастап күшіне енеді); өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

     158-2-бап. Зейнетақы жинақтарының құпиясын сақтау
                 міндетін бұзу

      Зейнетақы жинақтарының құпиясы бар мәліметтерді сақтау міндетін кәсіптік немесе қызметтік әрекетіне байланысты адамның өзіне мәлім болған осы мәліметтерді олардың иесінің келісімінсіз бұзуы –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 158-2-баппен толықтырылды - ҚР 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі); жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       158-3-бап. Қазақстан Республикасының туристік қызмет
                   туралы заңнамасын бұзу

      1. Туристік қызметті жүзеге асыратын тұлғалардың туристерге саяхаттың ерекшеліктері, туристік қызметтер ұсыну ережелерінде көрсетілген саяхат жасау кезінде оларға тап болуы мүмкін қауіптер туралы мәлімет ұсынбауы, уақтылы немесе толық ұсынбауы не туристердің қауіпсіздігін қамтамасыз етуге бағытталған алдын алу шараларын жүзеге асырмауы -
      дара кәсіпкерлерге - он, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Туристік қызметті жүзеге асыратын тұлғалардың туристік қызмет көрсетуге жазбаша шарт жасаспай туристік қызметтерді көрсетуі -
      лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге - он, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайтадан жасалған іс-әрекеттер (әрекетсіздік) -
      лицензиясынан айыра отырып, дара кәсіпкерлерге - жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Туристік қызметті жүзеге асыратын тұлғалардың мүдделі мемлекеттік органдарға және туристің отбасына саяхат кезінде туристердің төтенше жағдайға ұшырағаны туралы ақпарат ұсынбауы немесе уақтылы ұсынбауы -
      лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге - жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайтадан жасалған іс-әрекеттер (әрекетсіздік) -
      лицензиясынан айыра отырып, дара кәсіпкерлерге - елу, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 158-3-баппен толықтырылды - Қазақстан Республикасының 2008.07.05 N 59-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      158-4-бап. Сотта корпоративтік дау бойынша іс қозғалғаны
                  туралы ақпаратты ұсынбау немесе уақтылы ұсынбау

      Егер оны ұсыну заңда көзделген жағдайда, сотта корпоративтік дау бойынша іс қозғалғаны туралы ақпаратты ұсынбау немесе уақтылы ұсынбау, -
      лауазымды адамдарға – жиырма бес айлық есептік көрсеткіш мөлшерінде, заңды тұлғаларға – бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 158-4-баппен толықтырылды - ҚР 2011.01.11 № 385-IV (ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      158-5-бап. Жеке және заңды тұлғалардың өтiнiштерiн қарау
                  тәртiбi мен мерзімдерін бұзу

      1. Қазақстан Республикасының жеке және заңды тұлғалардың өтініштерін қарау тәртібі туралы заңнамасында белгіленген жеке және заңды тұлғалардың өтініштерін қарау тәртібі мен мерзімдерін ірі кәсіпкерлік субъектісінің бұзуы, -
      лауазымды адамдарға - отыз, заңды тұлғаларға - елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың біріншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол iс-әрекеттер (әрекетсіздік), –
      лауазымды адамдарға - елу, заңды тұлғаларға – жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 14-тарау 158-5-баппен толықтырылды - ҚР 2011.02.10 N 406-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

15-тарау. САУДА ЖӘНЕ ҚАРЖЫ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ
БҰЗУШЫЛЫҚ

      159-бап. Тұтынушыларды алдау

      1. Сауда қызметін және қызметтер көрсетуді жүзеге асыратын дара кәсіпкерлердің немесе ұйымдардың кем өлшеуі, таразыдан жеуі, кем есептеуі, тауардың (көрсетілетін қызметтердің) тұтыну қасиеттеріне немесе сапасына қатысты жаңылыстыруы немесе тұтынушыларды өзгедей алдауы –
      жеке тұлғаларға – айлық есептік көрсеткіштің үшке дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      белгілі бір қызмет түріне берілетін лицензиядан айырып және үш жылға дейінгі мерзімге қызметін тоқтата тұрып немесе оған тыйым салып, жеке тұлғаларға – айлық есептік көрсеткіштің жиырмадан отызға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге елуден бір жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, елеулі залал келтіруге әкеп соққан іс-әрекеттер –
      белгілі бір қызмет түріне берілетін лицензиядан айырып не үш жылға дейінгі мерзімге қызметін тоқтата тұрып немесе оған тыйым салып, жеке тұлғаларға – айлық есептік көрсеткіштің жиырмадан отызға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге елуден бір жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші бөлігінде көзделген, ірі залал келтіруге әкеп соққан іс-әрекеттер –
      белгілі бір қызмет түріне берілетін лицензиядан айырып не үш жылға дейінгі мерзімге қызметін тоқтата тұрып немесе оған тыйым салып, жеке тұлғаларға – айлық есептік көрсеткіштің отыздан бір жүзге дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге бір жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. Осы бапқа қатысты бір айлық есептік көрсеткіштен асатын сомадағы залал – елеулі мөлшердегі залал деп, кемінде үш айлық есептік көрсеткіш сомасындағы залал ірі мөлшердегі залал деп танылады.
      Ескерту. 159-бап жаңа редакцияда - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      160-бап. Қару-жарақ пен оқ-дәрi сату тәртiбiн бұзу

      1. Сауда ұйымдары қызметкерлерiнiң тиiстi рұқсаты жоқ жеке тұлғаларға, ұйымдарға қару-жарақ пен оның оқ-дәрiсiн сатуы, -
      айлық есептiк көрсеткiштiң отыздан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң елуден сексенге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Сауда ұйымдары қызметкерлерiнiң арнайы жедел-iздестiру iс-шараларын жүргiзу үшiн арнайы техникалық құралдарды және ақпаратты қорғаудың криптографикалық құралдарын, жедел-iздестiру қызметiн жүзеге асыруға уәкiлеттi мемлекеттiк органдарды қоспағанда, тиiстi рұқсаты жоқ жеке тұлғаларға, ұйымдарға сатуы, -
      айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 160-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      161-бап. Қазақстан Республикасының сауда қызметiн реттеу
                саласындағы заңнамасын бұзу

      1. Сатып алушының өтiнiшi бойынша тауар, оның шығарылған жерi, дайындаушылары, тұтыну қасиеттерi, кепiлдiк берiлген мiндеттемелер және талап қою тәртiбi туралы қажеттi ақпарат бермеу, -
      ескерту жасауға немесе жеке тұлғаларға айлық есептiк көрсеткiштiң бiрден екiге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - бестен жетіге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - бестен онға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Алып тасталды - ҚР 2009.07.17 N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.
      3. Алып тасталды - ҚР 2009.07.17 N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.
      4. Тауарлардың қауіпсіздік талаптарына сәйкестігін куәландыратын ресми құжатты құқыққа қайшы пайдалану, -
      тауарлары тәркiлене отырып не онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен жетiге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырмадан қырыққа дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жүзге дейінгі мөлшерiнде, ірі кәсіпкерлік субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      5. Осы баптың бірінші және төртінші бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсiздiктер), -
      тауарлары тәркілене отырып не онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң жетiден онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - қырықтан елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден жүз жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 161-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.17 N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

     161-1-бап. Төлем карточкаларын пайдалана отырып,
                  төлемдердi қабылдаудан бас тарту

      1. Қазақстан Республикасының аумағында сауда қызметін жүзеге асыру (жұмыстарды орындау, қызметтер көрсету) кезiнде төлемдерді қабылдауға мiндеттi дара кәсіпкердің немесе заңды тұлғаның оларды төлем карточкаларын пайдалана отырып, қабылдаудан бас тартуы -
      дара кәсіпкерлерге – жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет -
      дара кәсіпкерлерге – қырық, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – алпыс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 161-1-баппен толықтырылды - ҚР 2005.10.21 N 80 Заңымен, жаңа редакцияда - ҚР 2012.06.21 N 19-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      161-2-бап. Дара кәсіпкерде немесе заңды тұлғада төлем
                  карточкаларын пайдалана отырып, төлемдерді
                  жүзеге асыруға арналған жабдықтың (қондырғының)
                  болмауы

      1. Қазақстан Республикасының аумағында сауда қызметін жүзеге асыру (жұмыстарды орындау, қызметтер көрсету) кезiнде төлем карточкаларын пайдалана отырып, төлемдерді қабылдауға мiндеттi дара кәсіпкерде немесе заңды тұлғада оларды төлем карточкаларын пайдалана отырып жүзеге асыруға арналған жабдықтың (қондырғының) болмауы -
      дара кәсіпкерлерге – қырық, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – алпыс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет -
      дара кәсіпкерлерге – сексен, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүз жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 15-тарау 161-2-баппен толықтырылды - ҚР 2012.06.21 N 19-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

       162-бап. Тауарлармен немесе өзге де заттармен заңсыз
               сауда жасау

      Еркiн сауда жасауға заңдармен тыйым салынған немесе шектелген тауарлармен және өзге де заттармен заңсыз сауда жасау, -
      аталған тауарларды немесе заттарды өтемiн төлеп алып қоя отырып, айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 162-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      163-бап. Қазақстан Республикасының этил спирті мен
                алкоголь өнімінің өндірілуін және айналымын
                мемлекеттік реттеу туралы заңнамасын бұзу

      1. Этил спирті мен алкоголь өнімінің өндірілуі және айналымы бойынша декларациялар тапсыру қағидаларын, этил спиртіне және (немесе) алкоголь өніміне ілеспе жүкқұжаттарды ресімдеу және пайдалану қағидаларын бұзу, сол сияқты этил спирті мен алкоголь өнімінің өндірілуі және айналымы бойынша декларацияларды, сондай-ақ этил спирті мен алкоголь өніміне ілеспе жүкқұжаттарды тапсырмау –
      жеке тұлғаларға, лауазымды адамдарға – жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      жеке тұлғаларға, лауазымды адамдарға – елу, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Этил спирті мен алкоголь өнімінің айналымы және олардың орнын өзгерту шарттарын:
      алкоголь өнімін Қазақстан Республикасының заңдарында белгіленген орындардан тыс жерлерде сақтау және өткізу;
      аралас полимер ыдыстағы, оның iшiнде полиэтиленмен қапталған картон орамдағы және картон қорабына салынған, фольгаланған полиэтилен пакетiндегі, сол сияқты лас, майысқан, анық сынық белгiлерi, зақымдалған тығыны бар шөлмектердегi, сондай-ақ тұтасымен тұнық емес, жат қоспалары, түбiнде тұнбасы бар (коллекциялық шараптардан басқа) алкоголь өнімінің айналымы;
      алкоголь өнiмiнің (сырадан және күштiлiгi он екi пайызға жетпейтiн, градусы төмен ликер-арақ бұйымдарынан басқасының) қаңылтыр ыдыстағы, этикеткасы жоқ шөлмектердегі және пластикалық сауыттардағы айналымы;
      арақтарды және айрықша арақтарды, күштілігі жоғары ликер-арақ бұйымдарын Қазақстан Республикасының Үкіметі белгілеген ең төмен бөлшек сауда бағасынан арзанға бөлшек саудада өткізу;
      екi және одан да көп лицензиаттың алкоголь өнiмiн бiр қойма үй-жайында сақтауы және көтерме саудада өткiзуі;
      РҚАО-ның ескертпесі!
      Абзац көзделген - ҚР 18.06.2014 № 210-V Заңымен (01.01.2016 бастап қолданысқа енгізіледі).
      ілеспе жүкқұжаттары болмастан этил спирті мен алкоголь өнімінің айналымы және олардың орнын өзгерту түрінде бұзу –
      құқық бұзушылықтың тікелей нысанасы болған акцизделетін тауарлар тәркілене отырып, жеке тұлғаларға – елу, лауазымды адамдарға – бір жүз жиырма, шағын кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – бір жүз елу, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алты жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      құқық бұзушылықтың тікелей нысанасы болған акцизделетін тауарлар тәркілене отырып, жеке тұлғаларға – бір жүз, лауазымды адамдарға – бір жүз қырық, шағын кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – екі жүз, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – екі жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сегіз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Этил спиртін және (немесе) алкоголь өнімін өндіру шарттарын:
      өндірушінің өндіріс паспортына енгізілген өзгерістер немесе толықтырулар туралы ақпаратты жазбаша түрде өндіріс паспортына өзгерістер немесе толықтырулар енгізілген күннен бастап күнтізбелік отыз күнге дейін бермеуі;
      РҚАО-ның ескертпесі!
      Осы абзац 01.01.2016 дейін қолданыста болады - ҚР 18.06.2014 № 210-V Заңымен.
      этил спиртін және (немесе) алкоголь өнімін (қос тотықты көмiртегiмен қанықтырылғанынан басқа) спирт өлшейтін аппараттарсыз және (немесе) есепке алудың бақылау аспаптарынсыз не өндіру көлемдері туралы ақпаратты уәкілетті органға автоматты түрде беруді жүзеге асырмайтын спирт өлшейтін аппараттармен және (немесе) есепке алудың бақылау аспаптарымен өндіру;
      РҚАО-ның ескертпесі!
      Осы абзац 01.01.2016 дейін қолданыста болады - ҚР 18.06.2014 № 210-V Заңымен.
      этил спиртін және (немесе) алкоголь өнімін (қос тотықты көмiртегiмен қанықтырылғанынан басқа) ақаулы, сол сияқты есепке алуда нормативтен тыс ауытқулары бар спирт өлшейтін аппараттармен және (немесе) есепке алудың бақылау аспаптарымен өндіру;
      екi және одан да көп лицензиаттың бiр ғана стационарлық үй-жайда және бір ғана жабдықпен этил спирті мен алкоголь өнімін өндіруі түрінде бұзуы –
      тиісті қызмет түріне арналған лицензияның қолданылуы тоқтатыла тұрып, лауазымды адамдарға – бір жүз жиырма, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
      тиісті қызмет түріне арналған лицензиядан айыра отырып, лауазымды адамдарға – бір жүз елу, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – тоғыз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Этил спиртін және (немесе) алкоголь өнімін өндірудің және олардың айналымының шарттарын:
      осындай қызмет бойынша лицензия қолданысы тоқтатыла тұрған кезеңде қызметті жүзеге асыру;
      тағамдық емес шикізаттан өндірілген этил спиртінен алкоголь өнімін өндіру түрінде бұзу –
      тиісті қызмет түріне арналған лицензиядан айыра отырып, лауазымды адамдарға – бір жүз жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      163-бапқа 8, 9, 10, 11-тармақтар көзделген - ҚР 18.06.2014 № 210-V Заңымен (01.01.2015 бастап қолданысқа енгізіледі).
      12. Алкоголь өнімін денсаулық сақтау, білім беру ұйымдарының, дене шынықтыру-сауықтыру, спорттық және спорттық-техникалық құрылыстардың, автожанармай құю стансаларының, сауда базарларының, мәдени-демалыс ұйымдарының ғимараттарында және аумақтарында сақтау және өткізу –
      лицензияның қолданысын тоқтата тұруға әкеп соғады.
      13. Осы баптың он екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
лицензиядан айыруға әкеп соғады.
     Ескерту. 163-бап жаңа редакцияда - ҚР 18.06.2014 № 210-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі).

      163-1-бап. Темекi бұйымының маркасын пайдалану

      1. Темекi бұйымдарының өздерiн немесе темекi бұйымы сатылатын немесе тасымалданатын кез келген қорапты, қаптаманы қоспағанда, өзiнде темекi бұйымының маркасы бар кез келген тауарларды қасақана тарату, көрмеге қою, сату, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - он бестен жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - қырықтан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырмадан отызға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыздан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiстен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 163-1-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      163-2-бап. Заңнаманың темекі және темекі бұйымдары
                 туралы ақпарат жөніндегі талаптарын бұзу

      1. Заңнаманың темекі және темекі бұйымдары туралы ақпарат жөніндегі талаптарын бұзу, -
      жеке тұлғаларға - айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге - он бестен жиырмаға дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырықтан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға - айлық есептік көрсеткіштің оннан он беске дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге - жиырмадан отызға дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - отыздан жетпіске дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жетпістен жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 163-2-баппен толықтырылды - ҚР 2007.06.19 N 264 Заңымен.

    163-3-бап. Қазақстан Республикасы заңнамасының темекі және
               темекі бұйымдарын сату жөніндегі, сондай-ақ
               темекі бұйымдарын имитациялайтын тауарларды
               өндіру, сату және тарату жөніндегі талаптарын
               бұзу

      1. Осы Кодекстің 114-бабында көзделген жағдайларды қоспағанда, Қазақстан Республикасы заңнамасының темекі және темекі бұйымдарын сату жөніндегі талаптарын бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - бес, дара кәсіпкерлерге - жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      жеке тұлғаларға - он, қызметін немесе қызметінің жекелеген түрлерін тоқтата тұрып, дара кәсіпкерлерге - отыз бес, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға тоқсан айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Темекі бұйымдарын имитациялайтын тауарларды өндіру, сату, тарату, -
      ескерту жасауға немесе жеке тұлғаларға - үш, дара кәсіпкерлерге - бес, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - сегіз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      жеке тұлғаларға - бес, дара кәсіпкерлерге - сегіз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 163-3-баппен толықтырылды - ҚР 2009.07.16. N 186-IV Заңымен.

       163-4-бап. Қазақстан Республикасы заңнамасының алкоголь
                   өнімін бөлшек саудада өткізу жөніндегі
                   талаптарын бұзу

      1. Жиырма бір жасқа дейінгі адамдарға алкоголь өнімін бөлшек саудада өткізу –
      тиісті қызмет түріне арналған лицензияның қолданылуы тоқтатыла тұрып, жеке тұлғаларға – он, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – сексен, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      тиісті қызмет түріне арналған лицензиядан айыра отырып, жеке тұлғаларға – жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – бір жүз қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Мейрамханаларда, барларда және дәмханаларда өткізуді қоспағанда, алкоголь өнімін бөлшек саудада:
      сағат 23-тен келесі күнгі 8-ге дейін;
      этил спиртінің отыз пайыздан асатын көлемдік үлесімен сағат 21-ден келесі күнгі 12-ге дейін өткізу –
      тиісті қызмет түріне арналған лицензияның қолданылуын тоқтата тұрып, жеке тұлғаларға – он, лауазымды адамдарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – сексен, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      тиісті қызмет түріне арналған лицензиядан айыра отырып, жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – бір жүз қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 15-тарау 163-4-баппен толықтырылды - ҚР 2009.07.16 N 186-IV; жаңа редакцияда - ҚР 18.06.2014 № 210-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      163-5-бап. Тауарлардың сауда желілеріне немесе ірі сауда
                  объектілеріне жетуін шектеу

      1. Сауда желісін немесе ірі сауда объектілерін ұйымдастыру арқылы тауарлар сату жөніндегі қызметті жүзеге асырушы сауда қызметі субъектілерінің тауарларды беру туралы шарт жасасудан негізсіз бас тартуы не көрінеу кемсітушілік сипаттағы шарт жасасудан көрінетін және:
      1) сауда қызметі субъектісіне осындай қызметті жүзеге асыратын басқа да сауда қызметі субъектілерімен, сондай-ақ осындай немесе өзге де талаптар бойынша басқа да сауда қызметі субъектілерімен тауарлар беру шарттарын жасасуға тыйым салу туралы;
      2) тауарлар беруді жүзеге асырушы сауда қызметі субъектісінен осындай қызметті жүзеге асыратын басқа да сауда қызметі субъектілерімен жасасқан шарттары туралы мәліметтер беруін талап ету туралы шарттармен тауарлардың сауда желілеріне немесе ірі сауда объектілеріне жетуін шектеуі, –
      жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, –
      төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 15-тарау 163-5-баппен толықтырылды - ҚР 2011.01.26 № 400-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі) Заңымен.

      163-6-бап. Әлеуметтік маңызы бар азық-түлік тауарларына
                 рұқсат етілген шекті бөлшек сауда бағаларының
                 мөлшерден асуы

      1. Сауда қызметін реттеу туралы Қазақстан Республикасының заңнамасына сәйкес сауда қызметі субъектілерінің әлеуметтік маңызы бар азық-түлік тауарларына рұқсат етілген шекті бөлшек сауда бағаларын мөлшерден асыруы, –
      жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайта жасалған іс-әрекеттер, –
      төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 15-тарау 163-6-баппен толықтырылды - ҚР 2011.01.26 № 400-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі) Заңымен.

      164-бап. Тауарларды құжаттарсыз сату

      1. Осы Кодекстің 317, 317-1-баптарында көзделген жағдайларды қоспағанда, дара кәсіпкерлердің және сауда қызметiн жүзеге асыратын ұйымдардың тауарларды шығарылған елi туралы, дайындаушысы, жеткiзушiсi немесе сатушысы туралы не тауар (қызмет) туралы мемлекеттiк тiлде және орыс тiлiнде анық және жеткiлiктi ақпараты бар құжаттарсыз сатуы, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң бестен жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыздан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сексеннен жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң оннан отызға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - сексеннен жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 164-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      165-бап. Белгiленбеген орындарда сауда жасау

      Жергiлiктi атқарушы орган белгiлеген жерлерден тыс орындарда сауда жасау, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      166-бап. Байланысты гранттар қаражатының түсiмдерiн
                қоспағанда, бюджетке төленетiн салықтық емес
                төлемдердi және негізгі капиталды сатудан
                түсетін түсімдерді толық және уақтылы төлемеу

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       Байланысты гранттар қаражатының түсiмдерiн қоспағанда, бюджетке төленетiн салықтық емес төлемдердi және негізгі капиталды сатудан түсетін түсімдерді толық және уақтылы төлемеу, -
      жеке тұлғаларға – жеті, дара кәсiпкерлерге – жүз жиырма бес, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – алты жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 166-бап жаңа редакцияда - ҚР 2006.07.05 N 165 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен, өзгеріс енгізілді - ҚР 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      166-1-бап. Ұлттық валюта банкноттары мен монеталарын
                  қабылдаудан бас тарту

      1. Қазақстан Республикасы аумағында айналымда жүрген және Қазақстан Республикасы Ұлттық Банкiнiң нормативтiк құқықтық актiлерiне сәйкес қабылдауға жататын ұлттық валюта банкноттары мен монеталарын көрсетулi құны бойынша қабылдаудан бас тарту, -
      дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - он, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Банктер мен банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың Қазақстан Республикасы аумағында айналымда жүрген және Қазақстан Республикасы Ұлттық Банкiнiң нормативтiк құқықтық актiлерiне сәйкес қабылдауға жататын ұлттық валюта банкноттары мен монеталарын қабылдаудан, ұсақтау мен айырбастаудан бас тартуы, -
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 166-1-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      167-бап. Қазақстан Республикасының мемлекеттік сатып
                алу туралы заңнамасын бұзу

      1. Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасында көзделген жағдайларды қоспағанда, конкурстық, аукциондық құжаттамада не баға ұсыныстарын сұрату тәсілімен мемлекеттік сатып алуды жүзеге асыру кезінде орналастырылатын ақпаратта сатып алынатын тауарлардың, жұмыстардың, қызметтердің жекелеген әлеуетті өнім берушілерге тиесілігін айқындайтын сипаттамаларға сілтеме арқылы Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасының талаптарын бұзу -
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Конкурстық не аукциондық құжаттаманы алған тұлғаларды тiркеу журналына өздерi туралы мәлiметтер енгiзiлген тұлғаларға конкурстық не аукциондық құжаттамаға енгiзiлген өзгерiстердiң және (немесе) толықтырулардың мәтiнiн уақтылы жiбермеу, сол сияқты нақтыланған конкурстық не аукциондық құжаттаманы уақтылы жарияламау, -
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасында көзделмеген жағдайларда мемлекеттік сатып алуды жүзеге асырудан бас тарту, -
      лауазымды адамдарға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Конкурсқа қатысуға өтінімдері бар конверттерді конкурстық құжаттамада көрсетілген мерзімін, уақыты мен орнын бұза отырып ашу, сондай-ақ аталған өзгерістерді конкурстық құжаттамаға енгізбей, конкурсқа қатысуға өтінімдері бар конверттерді ашу күнін, уақытын және орнын өзгерту, -
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Сауал салуды жіберу, сол сияқты конкурстық комиссияның конкурсқа қатысуға өтінімді жеткіліксіз құжаттармен толықтыруға, конкурсқа қатысуға өтінімде ұсынылған құжаттарды ауыстыруға, тиісінше ресімделмеген құжаттарды сәйкес келтіруге байланысты іс-әрекеттер, -
      лауазымды адамдарға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Әлеуетті өнім берушілерге және (немесе) олар тартатын қосалқы мердігерлерге (бірлескен орындаушыларға) конкурстық не аукциондық құжаттамада Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасында көзделмеген біліктілік талаптарын белгілеу -
      лауазымды адамдарға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6-1. Конкурсқа қатысушылардың конкурстық баға ұсынысына әсер ететін критерийлерді конкурстық құжаттамаға енгізбеу бөлігінде Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасының талаптарын бұзу, -
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6-2. Конкурсқа қатысушылардың конкурстық баға ұсынысына әсер ететін критерийлердің салыстырмалы мәнін баға ұсыныстарына қолданбау бөлігінде Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасының талаптарын бұзу,-
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6-3. Әлеуетті өнім берушіні және (немесе) ол тартатын қосалқы мердігерлерді (бірлескен орындаушыларды) Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасында көзделмеген негіздер бойынша біліктілік талаптарына және (немесе) конкурстық не аукциондық құжаттаманың талаптарына сай емес деп негізсіз тану -
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6-4. Мемлекеттік сатып алуды жүзеге асыру кезінде бiртектi тауарлардың, жұмыстардың, көрсетілетін қызметтердің бірнеше түрлерін олардың біртекті түрлеріне қарай және (немесе) оларды жеткізу (орындау, көрсету) орнына қарай лоттарға бөлмеу –
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Конкурстық не аукциондық комиссияның заңсыз шешiм қабылдауына негіз болған сараптама комиссиясының көрінеу жалған сараптамалық қорытынды шығаруы не сарапшының көрiнеу жалған сараптамалық қорытынды жасауы, -
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      8. Мынадай:
      өнім берушілер өздерімен жасасылған мемлекеттік сатып алу туралы шарттар бойынша өз міндеттемелерін орындамаған не тиісінше орындамаған;
      жеңімпаздар деп айқындалған әлеуетті өнім берушілер мемлекеттік сатып алу туралы шарт жасасудан жалтарған жағдайларда, тапсырыс берушінің әлеуетті өнім берушілерді, өнім берушілерді мемлекеттік сатып алуға жосықсыз қатысушылар деп тану туралы қуыныммен сотқа жүгінбеуі немесе уақтылы жүгінбеуі -
      лауазымды адамдарға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасында көзделмеген жағдайларда, Қазақстан Республикасының мемлекеттік сатып алу туралы заңнамасының өнім берушіні таңдауды және онымен мемлекеттік сатып алу туралы шарт жасасуды регламенттейтін нормаларын қолданбай мемлекеттік сатып алуды жүзеге асыру, -
      лауазымды адамдарға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      10. Осы баптың бірінші, төртінші, 6-1, 6-2 және 6-3-бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      лауазымды адамдарға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Осы баптың екінші және сегізінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      лауазымды адамдарға алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Осы баптың жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Осы баптың үшінші, бесінші, алтыншы және тоғызыншы бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      лауазымды адамдарға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      Ескерту.
      Осы бапта лауазымды адамдар деп:
      бiрiншi бөлiкте – мемлекеттiк сатып алуды ұйымдастырушының, тапсырыс берушінің бiрiншi басшыларын немесе олардың мiндеттерiн атқаратын, мемлекеттiк сатып алуды ұйымдастыру мен өткiзу рәсiмдерiн жүзеге асыруға жауапты тұлғаларды және (немесе) конкурстық не аукциондық құжаттаманы әзiрлеуге тiкелей қатысатын тұлғаларды;
      екінші бөлікте - мемлекеттік сатып алуды ұйымдастырушының, тапсырыс берушінің бірінші басшыларын немесе олардың міндеттерін атқарушыларды, мемлекеттік сатып алуды ұйымдастыру мен өткізу рәсімдерін жүзеге асыруға жауапты адамдарды;
      үшінші бөлікте – тапсырыс берушінің бірінші басшысын не жауапты хатшысын немесе Қазақстан Республикасының Президенті айқындайтын жауапты хатшы өкілеттігін жүзеге асыратын өзге де лауазымды адамын не оның міндетін атқаратын адамды;
      төртінші және бесінші бөліктерде - конкурстық комиссияның төрағасын және оның орынбасарын, сондай-ақ конкурстық комиссияның мүшелері мен хатшысын;
      алтыншы бөлікте – тапсырыс берушінің бірінші басшысын не жауапты хатшысын немесе Қазақстан Республикасының Президенті айқындайтын жауапты хатшы өкілеттігін жүзеге асыратын өзге де лауазымды адамын не оның міндетін атқаратын адамды;
      6-1-бөлікте – мемлекеттік сатып алуды ұйымдастырушының бірінші басшыларын;
      6-2-бөлікте – конкурстық комиссияның төрағасын және оның орынбасарын, сондай-ақ конкурстық комиссияның мүшелерін;
      сегізінші және тоғызыншы бөліктерде – тапсырыс берушінің бірінші басшысын не жауапты хатшысын немесе Қазақстан Республикасының Президенті айқындайтын жауапты хатшы өкілеттігін жүзеге асыратын өзге де лауазымды адамын не оның міндетін атқаратын адамды;
      6-3-бөлікте – конкурстық не аукциондық комиссияның төрағасын және оның орынбасарын, сондай-ақ конкурстық не аукциондық комиссияның мүшелерін;
      6-4-бөлікте – мемлекеттік сатып алуды ұйымдастырушының бірінші басшыларын түсіну керек.
      Ескерту. 167-бап жаңа редакцияда - ҚР 2007.07.21 N 304 (2008.01.01 бастап қолданысқа енгізіледі), өзгерістер енгізілді - ҚР 2009.12.29 № 233-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.01.13 N 543-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен; 14.01.2014 № 161-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      167-1-бап. Қазақстан Республикасының кредиттік бюролар
                  және кредиттік тарихты қалыптастыру туралы
                  заңдарының талаптарын бұзу

      1. Кредиттік бюроның Қазақстан Республикасының кредиттік бюролар және кредиттік тарихты қалыптастыру туралы заңдарын бұзуы -
      лауазымды адамға - айлық есептік көрсеткіштің бестен елуге дейінгі мөлшерінде, заңды тұлғаға айлық есептік көрсеткіштің жиырмадан екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Кредиттік тарих субъектісі туралы теріс ақпараты бар кредиттік тарих субъектісі және (немесе) кредиттік есеп туралы теріс ақпарат ұсыну жағдайларын қоспағанда, ақпарат берушінің кредиттік тарихты қалыптастыру үшін кредиттік тарих субъектісі туралы ақпаратты кредиттік бюроларға (мемлекет қатысатын кредиттік бюроны қоспағанда) беруі және (немесе) кредиттік есепті алушының ақпарат субъектісінің келісімінсіз кредиттік есепті ұсыну туралы сұрау салуды беруі, сондай-ақ оны дұрыс ресімдемеу -
      лауазымды адамға – елу, заңды тұлғаға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Ақпарат берушінің кредиттік тарих субъектісінен алған ақпаратты бұрмалауы -
      лауазымды адамға - айлық есептік көрсеткіштің бестен елуге дейінгі мөлшерінде, заңды тұлғаға - айлық есептік көрсеткіштің жиырмадан екі жүзге дейінгі мөлшерінде, жеке кәсіпкерге айлық есептік көрсеткіштің бестен елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 167-1-баппен толықтырылды - Қазақстан Республикасының 2004.07.06. N 572 Заңымен, өзгеріс енгізілді - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      167-2-бап. Қазақстан Республикасының концессиялар
                  туралы заңнамасын бұзу

      Концессионерді таңдау жөніндегі конкурстың талаптарына, сондай-ақ концессиялық өтінімі үздік деп танылған конкурсқа қатысушымен концессиялық жобаны және концессия шартының талаптарын нақтылау бойынша келіссөздер жүргізу барысында концессиялық өтінімнің бастапқы параметрлеріне және сипаттамаларына өзгерістер енгізу – лауазымды адамдарға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      Осы бапта лауазымды адамдар деп конкурсты ұйымдастыру және өткізу рәсімдерін жүзеге асыру үшін жауап беретін, концессия жөніндегі конкурсты ұйымдастырушының бірінші басшыларын немесе олардың міндеттерін атқаратын адамдарды түсіну керек.
      Ескерту. 15-тарау 167-2-баппен толықтырылды - ҚР 04.07.2013 № 131-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      168-бап. Қазақстан Республикасының валюталық заңнамасына
               сәйкес талап етілетін құжаттарды ұсынбай
               валюталық операциялар бойынша ақша төлемдерін
               және аударымдарын жүргізу

      1. Уәкілетті банктердің Қазақстан Республикасының валюталық заңнамасына сәйкес талап етілетін құжаттарды ұсынбай валюталық операциялар бойынша ақша төлемдерін және аударымдарын жүргізуі –
      ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 168-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      168-1-бап. Қазақстан Республикасының микроқаржы ұйымдары
                  туралы заңнамасының талаптарын бұзу

      1. Микроқаржы ұйымдарының «Микроқаржы ұйымдары туралы» Қазақстан Республикасының Заңында көзделмеген қызмет түрлерін жүзеге асыруы -
      жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Микроқаржы ұйымының жарияланған күні шындыққа сәйкес келмейтiн жарнаманы бұқаралық ақпарат құралдарында таратуы немесе орналастыруы, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Микроқаржы ұйымдарының қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөніндегі уәкілетті органға Қазақстан Республикасының микроқаржы ұйымдары туралы заңнамасында талап етілетін ақпаратты бермеуі, сол сияқты бірнеше рет (қатарынан күнтізбелік он екі ай ішінде екі және одан көп рет) уақытылы бермеуі не микроқаржы ұйымдарының қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөніндегі уәкілетті органға Қазақстан Республикасының микроқаржы ұйымдары туралы заңнамасына сәйкес берілуі талап етілетін мәліметтерді қамтымайтын ақпаратты беруі не анық емес ақпаратты беруі -
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Микроқаржы ұйымдарының қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөніндегі уәкілетті органның шектеулі ықпал ету шараларында көзделген міндеттерді орындамауы -
      екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Микроқаржы ұйымдарының Қазақстан Республикасының Ұлттық Банкі белгілеген пруденциялық нормативтерді және (немесе) басқа да сақталуы міндетті нормалар мен лимиттерді бірнеше рет (қатарынан күнтізбелік он екі ай ішінде екі және одан көп рет) бұзуы -
      үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 168-1-баппен толықтырылды - ҚР 2003.03.28 N 398, жаңа редакцияда - ҚР 2012.11.26 N 57-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      168-2-бап. Қазақстан Республикасының банк заңнамасының
                 талаптарын бұзу

      1. Банктердiң, банктердiң ірі қатысушыларының, банк холдингтерінің, сондай-ақ Қазақстан Республикасының банк заңнамасына сәйкес банктің ірі қатысушысы немесе банк холдингі белгілеріне сәйкес келетін жеке және заңды тұлғалардың, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органға есептемені, мәліметтерді не өзге де сұратылатын ақпаратты бермеуі, сол сияқты уақтылы бермеуі немесе Қазақстан Республикасының банк заңнамасына сәйкес берілу талап етілетін есептемені, мәліметтері жоқ ақпаратты беруі не анық емес есептілікті немесе мәліметтерді не өзге де сұратылатын ақпаратты беруі –
      жеке тұлғаларға – елу, лауазымды адамдарға – жүз, заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсiздiк) –
      жеке тұлғаларға – жүз, лауазымды адамдарға – екі жүз, заңды тұлғаларға алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың Қазақстан Республикасының Ұлттық Банкі белгiлеген пруденциялық нормативтердi және (немесе) өзге де сақталуға мiндеттi нормалар мен лимиттердi бірнеше рет (қатарынан күнтізбелік он екі ай ішінде екі және одан да көп) бұзуы –
      заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Банктердiң Қазақстан Республикасының Ұлттық Банкi белгiлеген ең төменгi резервтiк талаптардың нормативтерiн бірнеше рет (қатарынан күнтізбелік үш ай ішінде екі және одан да көп) бұзуы –
      заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Банктердiң, банк холдингтерінің, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың Қазақстан Республикасының банк заңнамасына сәйкес тыйым салынған не Қазақстан Республикасының банк заңнамасын бұза отырып, сол сияқты олардың құқық қабiлеттiлiгi шегiнен тыс операциялар мен мәмiлелердi жүзеге асыруы –
      лауазымды адамдарға жүз айлық есептiк көрсеткiш мөлшерiнде, заңды тұлғаларға мәмiле сомасының оннан бiр пайызы, бірақ айлық есептік көрсеткіштің екі жүзден кем емес және бір мыңнан аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      лауазымды адамдарға екі жүз айлық есептік көрсеткіш мөлшерiнде, заңды тұлғаларға мәмiле сомасының бiр пайызы, бірақ айлық есептік көрсеткіштің төрт жүзден кем емес және екі мыңнан аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      7. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың ондағы көрсеткiштердiң не Қазақстан Республикасының банк заңнамасында айқындалған пруденциялық нормативтердiң және (немесе) сақталуға мiндеттi өзге де нормалар мен лимиттердiң орындалуы туралы мәлiметтердiң бұрмалануына әкеп соққан есептілікті жасауы –
      лауазымды адамдарға – жүз, заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Осы баптың жетінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      лауазымды адамдарға – екі жүз, заңды тұлғаларға алты жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың клиенттердiң банк шоттарын ашу және жабу тәртiбiн бұзуы, –
      лауазымды адамдарға – отыз, заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      10. Осы баптың тоғызыншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет (әрекетсiздiк) –
      лауазымды адамдарға – алпыс, заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың клиенттермен жасалатын шарттарда анық, жылдық, тиімді, салыстырмалы түрде есептелген сыйақы мөлшерлемесін көрсету жөніндегі, сондай-ақ қаржылық қызметтер көрсету бойынша сыйақының шамалары туралы ақпаратты тарату, оның ішінде оны жариялау кезіндегі міндеттерін орындамауы –
      лауазымды адамдарға – отыз, заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Банктің бұқаралық ақпарат құралдарында жарияланған күнге шындыққа сәйкес келмейтiн жарнаманы хабарлауы немесе жариялауы –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 168-2-баппен толықтырылды - ҚР 2003.07.10 N 483 (2004 жылғы 1 қаңтардан бастап күшіне енеді); жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      168-3-бап. Қазақстан Республикасының қылмыстық жолмен
                  алынған кірістерді заңдастыруға (жылыстатуға)
                  және терроризмді қаржыландыруға қарсы іс-қимыл
                  туралы заңнамасын бұзу

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 10.06.2014 № 206-V Заңымен (алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа енгізіледі).

      1. Қаржы мониторингi субъектiлерiнiң Қазақстан Республикасының қылмыстық жолмен алынған кiрiстердi заңдастыруға (жылыстатуға) және терроризмдi қаржыландыруға қарсы iс-қимыл туралы заңнамасын қаржы мониторингiне жататын операциялар, өздерінің клиенттері туралы ақпаратты құжаттық тiркеу, сақтау және беру, клиенттерді (олардың өкілдерін) және бенефициарлық меншік иелерін тиісінше тексеру, қаржы мониторингіне жататын операциялар жүргізуді тоқтата тұру және одан бас тарту, өз қызметі процесінде алынған құжаттарды қорғау бөлiгiнде бұзуы –
      жеке тұлғаларға - бір жүз айлық есептік көрсеткіш мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, нотариустар мен адвокаттарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға немесе коммерциялық емес ұйымдарға - айлық есептік көрсеткіштің екі жүзден екі жүз жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз елуден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Қаржы мониторингі субъектілерінің ішкі бақылау қағидаларын және оны жүзеге асыру бағдарламаларын әзірлеу, қабылдау және (немесе) орындау жөніндегі міндеттерді орындамауы –
      жеке тұлғаларға - бір жүз айлық есептік көрсеткіш мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, нотариустар мен адвокаттарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға немесе коммерциялық емес ұйымдарға - айлық есептік көрсеткіштің екі жүз жиырмадан екі жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сегіз жүзден тоғыз жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Қаржы мониторингі субъектілері лауазымды адамдарының қаржы мониторингі жөніндегі уәкілетті органға берілген ақпарат туралы өз клиенттері мен өзге тұлғаларды хабардар етуі -
      айлық есептік көрсеткіштің бір жүз қырықтан бір жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші - үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) -
      жеке тұлғаларға - айлық есептік көрсеткіштің бір жүзден бір жүз елуге дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, нотариустар мен адвокаттарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға немесе коммерциялық емес ұйымдарға - екі жүз елуден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мыңнан бір мың екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың бірінші - үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде үш және одан да көп мәрте жасалған іс-әрекет (әрекетсіздік) -
      жеке тұлғаларға – айлық есептiк көрсеткiштiң бiр жүз елуден екi жүзге дейiнгi мөлшерiнде, тауар биржаларының, бухгалтерлік қызметтер көрсету саласында кәсіпкерлік қызметті жүзеге асыратын заңды тұлғалардың, микроқаржы ұйымдарының, банктер болып табылмайтын электрондық ақша жүйелері операторларының, ойын бизнесi мен лотереяларды ұйымдастырушылардың, пошта операторларының, аудиторлық ұйымдардың лауазымды адамдарына, нотариустарға, адвокаттарға, дара кәсiпкерлерге – үш жүз сексеннен төрт жүзге дейiнгi мөлшерінде, тауар биржаларына, бухгалтерлік қызметтер көрсету саласында кәсіпкерлік қызметті жүзеге асыратын заңды тұлғаларға, микроқаржы ұйымдарына, банктер болып табылмайтын электрондық ақша жүйелерінің операторларына, ойын бизнесi мен лотереяларды ұйымдастырушыларға, пошта операторларына, аудиторлық ұйымдарға – алты айға дейiнгi мерзiмге белгiлi бiр қызмет түрiне лицензияның қолданысын тоқтата тұрып немесе бiлiктiлiк аттестатынан (куәлiгiнен) уақытша айыра отырып не олардан айыра отырып немесе алты айға дейiнгi мерзiмге заңды тұлғаның қызметiн тоқтата тұрып, бiр мың сегiз жүзден екi мыңға дейiнгi мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы бапта нотариустар деп ақшамен және (немесе) өзге мүлікпен нотариаттық іс-әрекетті жүзеге асыратын нотариустар түсініледі.
      Ескерту. Кодекс 168-3-баппен толықтырылды - ҚР 2009.08.28 N 192-IV (2010.03.08 бастап қолданысқа енгізіледі), 2012.06.21 N 19-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 10.06.2014 № 206-V (алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа енгізіледі) Заңдарымен.

      168-4-бап. Тәуекелдерді басқару мен ішкі бақылау жүйесін
                  қалыптастыру тәртібін бұзу

      1. Қаржы ұйымдарының Қазақстан Республикасы Ұлттық Банкінің нормативтік құқықтық актісінде белгіленген тәуекелдерді басқару мен ішкі бақылау жүйесін қалыптастыру тәртібін бұзуы, егер қаржы ұйымы анықталған бұзушылықтарды қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөніндегі уәкілетті орган белгілеген мерзімдерде жоймайтын болса, -
      лауазымды адамдарға - елу, заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Банк конгломераты бас ұйымының немесе сақтандыру тобының Қазақстан Республикасы Ұлттық Банкінің нормативтік құқықтық актісінде белгіленген, шоғырландырылған негізде тәуекелдерді басқару мен ішкі бақылау жүйесіне қойылатын талаптарды бұзуы, егер банк конгломератының немесе сақтандыру тобының бас ұйымы анықталған бұзушылықтарды қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөніндегі уәкілетті орган белгілеген мерзімдерде жоймайтын болса, -
      лауазымды адамдарға - елу, заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      Осы бапта қаржы ұйымдарының, банк және сақтандыру холдингтерінің басшы қызметкерлерін лауазымды адамдар деп түсінген жөн.
      Ескерту. Кодекс 168-4-баппен толықтырылды - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      168-5-бап. Квазимемлекеттік сектор субъектілерінің
                  бюджеттік инвестициялар нәтижелеріне қол
                  жеткізбеуі

      1. Еншілес, тәуелді және Қазақстан Республикасының заңнамалық актілеріне сәйкес үлестес болып табылатын өзге де заңды тұлғалардың қаржылық-экономикалық негіздемеде көзделген, жарғылық капиталдарына мемлекеттің қатысуы арқылы салынатын бюджеттік инвестициялардың нәтижелеріне қол жеткізбеуі –
      бірінші басшыларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мемлекеттік кәсіпорындардың, мемлекет қатысушысы немесе акционері болып табылатын жауапкершілігі шектеулі серіктестіктердің, акционерлік қоғамдардың қаржылық-экономикалық негіздемеде көзделген, жарғылық капиталдарына мемлекеттің қатысуы арқылы салынатын бюджеттік инвестициялардың нәтижелеріне қол жеткізбеуі –
      бірінші басшыларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 168-5-баппен толықтырылды - ҚР 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      168-6-бап. Валюталық бақылау агенттерінің есептемені беру
                 тәртібін және мерзімдерін бұзуы

      1. Валюталық бақылау агенттерінің клиенттердің операциялары бойынша есептемені уақтылы бермеуі –
      заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Валюталық бақылау агенттерінің клиенттердің операциялары бойынша анық емес есептеме беруі –
      заңды тұлғаларға ескерту жасауға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Валюталық бақылау агенттерінің клиенттердің операциялары бойынша есептеме бермеуі –
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 15-тарау 168-6-баппен толықтырылды - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      168-7-бап. Уәкілетті банктердің сұраныс пен ұсыныс
                көздерінің, сондай-ақ ішкі валюта нарығында
                шетел валютасын пайдалану бағыттарының
                мониторингін жүзеге асыру мақсаттары үшін
                есептеме беру тәртібін және мерзімдерін бұзуы

      1. Уәкілетті банктердің сұраныс пен ұсыныс көздерінің, сондай-ақ ішкі валюта нарығында шетел валютасын пайдалану бағыттарының мониторингін жүзеге асыру мақсаттары үшін есептемені уақтылы бермеуі –
      заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Уәкілетті банктердің сұраныс пен ұсыныс көздерінің, сондай-ақ ішкі валюта нарығында шетел валютасын пайдалану бағыттарының мониторингін жүзеге асыру мақсаттары үшін анық емес есептеме беруі –
      заңды тұлғаларға ескерту жасауға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Уәкілетті банктердің сұраныс пен ұсыныс көздерінің, сондай-ақ ішкі валюта нарығында шетел валютасын пайдалану бағыттарының мониторингін жүзеге асыру мақсаттары үшін есептемені бермеуі –
      заңды тұлғаларға сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 15-тарау 168-7-баппен толықтырылды - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      168-8-бап. Әкімшілік шығыстар бойынша заттай нормаларды
                  асырып жіберу

      Ескерту. 168-8-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      Мемлекеттік кәсіпорындардың, мемлекет бақылайтын акционерлік қоғамдар мен жауапкершілігі шектеулі серіктестіктердің нормативтік құқықтық актілерде белгіленген әкімшілік шығыстар бойынша заттай нормаларды асырып жіберуі –
      бірінші басшыларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 168-4-баппен толықтырылды - ҚР 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      169-бап. Клиенттерге банк қызметін көрсетуге байланысты
               талаптарды бұзу

      1. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың уақтылы акцепт жүргізбеуі немесе акцептеуден бас тартуы, ақша төлемі немесе аударымы жөнiндегi нұсқауларды «Ақша төлемі мен аударымы туралы» Қазақстан Республикасының Заңында белгіленген мерзімдерді бұза отырып уақтылы орындамауы –
      заңды тұлғаларға ақша төлемі немесе аударымы жөнiндегi нұсқау сомасының бес пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      2. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың нұсқауда қойылғаннан ерекшеленетін бенефициардың пайдасына немесе нұсқауда қойылғаннан ерекшеленетін сомаға жасалған ақша төлемі немесе аударымы жөніндегі нұсқауды орындауы –
      заңды тұлғаларға ақша төлемі немесе аударымы жөнiндегi нұсқаулар сомасының бес пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      3. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың клиенттердің төлем құжаттарын жоғалтуы -
      заңды тұлғаларға әрбір төлем құжаты үшін жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың:
      жөнелтуші ақша аударымын жүзеге асыру үшін қажетті ақша сомасын қамтамасыз еткен кезде;
      егер төлем құжатында қолдан жасау белгілері болмаса;
      егер жөнелтуші ақша аударымы туралы нұсқауды жасау және ұсыну тәртібіне қойылатын талаптарды және (немесе) Қазақстан Республикасының заңнамасында және (немесе) шарттың талаптарында белгіленген өзге де талаптарды сақтаса;
      егер нұсқауды акцептеуден бас тарту «Қылмыстық жолмен алынған кірістерді заңдастыруға (жылыстатуға) және терроризмді қаржыландыруға қарсы іс-қимыл туралы» Қазақстан Республикасының Заңында көзделген жағдайларға қатысты болмаса, ақша төлемі немесе аударымы жөніндегі нұсқауды акцептеуден негізсіз бас тартуы –
      заңды тұлғаларға ақша төлемі немесе аударымы жөніндегі нұсқау сомасының бес пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      5. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың клиенттің банк шотынан Қазақстан Республикасының Азаматтық кодексінде белгіленген ақша алу кезектілігін бұзуы –
      заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Ақша төлемі немесе аударымы жөніндегі нұсқауларды не қолма-қол ақша алу жөніндегі талаптарды орындамау, сондай-ақ Қазақстан Республикасы заңнамасының талаптарын бұза отырып, иеленушінің банк шотына ақша аудармау –
      заңды тұлғаларға ақша төлемі немесе аударымы жөнiндегi нұсқау сомасының бес пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      Осы баптың талаптары жауаптылығы осы Кодекстің 88-бабының бесінші бөлігінде, 88-1-бабының үшінші бөлігінде, 216 және 217-баптарында көзделген іс-әрекеттерге (әрекетсіздікке) қолданылмайды.
      Ескерту. 169-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 2014.06.10 № 206-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      169-1-бап. Қазақстан Республикасының аумағында достық,
                  қола және қаржы вексельдерiн шығару
      Қазақстан Республикасының аумағында достық, қола және қаржы вексельдерiн шығару, -
      жеке тұлғаларға - қырық, лауазымды адамдарға, жеке кәсiпкерлерге - алпыс, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - екi жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 169-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2006.01.20. N 123 Заңдарымен.

      169-2-бап. Электрондық ақшаны шығару, пайдалану және өтеу
                  талаптарын бұзу

      1. Эмитенттің өзі қабылдаған міндеттемелердің сомасына сәйкес келмейтін сомаға электрондық ақша шығаруы, -
      үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған сондай іс-әрекеттер, -
      алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Эмитенттің электрондық ақша иесін сәйкестендірмей, бір жүз айлық есептік көрсеткіштен асатын сомаға электрондық ақша шығаруы, сондай-ақ бір операцияның ең жоғарғы сомасы бойынша белгіленген шектеулерден асатын сомаға операциялар жасаған кезде эмитенттің электрондық ақша жүйесіндегі электрондық ақшаны пайдалануға жол беруі, -
      екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған сондай іс-әрекеттер, -
      бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Азаматтық-құқықтық мәмілелер бойынша ақы төлеу кезінде дара кәсіпкердің немесе заңды тұлғаның жеке тұлғалардан алған электрондық ақшасын эмитенттің өтемеуі, уақтылы және толық өтемеуі, -
      бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Осы баптың бесiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған сондай іс-әрекеттер, -
      екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 169-2-баппен толықтырылды - ҚР 2011.07.21 № 466-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі) Заңымен.

      170-бап. Қазақстан Республикасы Ұлттық Банкінің жазбаша
                келісімін алмастан қаржы ұйымы акцияларының он
                немесе одан көп пайызын тікелей немесе жанама
                заңсыз түрде сатып алуға байланысты бұзушылықтар

      Тұлғаның қаржы ұйымының орналастырылған акцияларының (артықшылықты және сатып алған акциялары шегеріле отырып) он немесе одан көп мөлшердегі пайызын тікелей немесе жанама сатып алуы, сондай-ақ Қазақстан Республикасы Ұлттық Банкінің жазбаша келісімінсіз қаржы ұйымының орналастырылған акцияларының (артықшылықты және сатып алған акциялары шегеріле отырып) он немесе одан көп мөлшердегі пайызын бақылауға немесе қаржы ұйымы қабылдайтын шешімдерге ықпал ету мүмкіндігіне ие болуы, -
      жеке тұлғаларға – екі жүз, лауазымды адамдарға – төрт жүз, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір мың, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы бапта банкті, сақтандыру (қайта сақтандыру) ұйымын, ерікті жинақтаушы зейнетақы қорын, инвестициялық портфельді басқарушыны қаржы ұйымдары деп түсінген жөн.
      Ескерту. 170-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      170-1-бап. Заңды тұлғалардың жарғылық капиталына қатысу
                  үлестерін немесе акцияларын банктердің,
                  сақтандыру (қайта сақтандыру) ұйымдарының, банк
                  холдингтерінің, сақтандыру холдингтерінің
                  заңсыз сатып алуына байланысты бұзушылықтар

      1. Осы баптың үшінші бөлігінде көзделген әрекеттерді қоспағанда, банктердің, сақтандыру (қайта сақтандыру) ұйымдарының заңды тұлғалардың жарғылық капиталына қатысу үлестерін немесе акцияларды Қазақстан Республикасының заңнамалық актілерінің талаптарын бұзып сатып алуы –
      лауазымды адамдарға – екі жүз, заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың үшінші бөлiгiнде көзделген әрекеттердi қоспағанда, банк холдингтерінің, сақтандыру холдингтерінің заңды тұлғалардың жарғылық капиталына қатысу үлестерін немесе акцияларды Қазақстан Республикасының заңнамалық актілерінің талаптарын бұзып сатып алуы –
      лауазымды адамдарға – төрт жүз, заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Банктiң, сақтандыру (қайта сақтандыру) ұйымының, банк холдингінің, сақтандыру холдингінің Қазақстан Республикасы Ұлттық Банкінің алдын ала рұқсатынсыз еншiлес ұйымды құруы не сатып алуы –
      лауазымды адамдарға – төрт жүз, заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 170-1-баппен толықтырылды - ҚР 2003.12.05 N 506 Заңымен, жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      171-бап. Қаржы нарығын және қаржы ұйымдарын бақылау мен
               қадағалау жөніндегі уәкілетті органға ақпаратты
               (мәліметтерді) беру жөніндегі талаптарды бұзу

      Банк, ерікті жинақтаушы зейнетақы қоры құрылтайшыларының (акционерлерінің) және олардың үлестес тұлғаларының, бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы қорының, инвестициялық портфельді басқарушының, ерікті жинақтаушы зейнетақы қоры, инвестициялық портфельді басқарушы ірі қатысушысының, ерікті жинақтаушы зейнетақы қорының, инвестициялық портфельді басқарушының ірі қатысушысы белгілеріне сәйкес келетін жеке немесе заңды тұлғалардың есептілікті, мәліметтерді не өзге де сұратылатын ақпаратты бермеуі, сол сияқты уақтылы бермеуі немесе олардың қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті органға Қазақстан Республикасының банк заңнамасына немесе Қазақстан Республикасының бағалы қағаздар нарығызейнетақымен  қамсыздандыру туралы заңнамасына сәйкес берілуі талап етілетін есептілікті, мәліметтері жоқ ақпаратты беруі не олардың анық емес есептілікті немесе мәліметтерді не өзге де сұратылатын ақпаратты беруі –
      жеке тұлғаларға – бір жүз, заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 171-бап жаңа редакцияда - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      172-бап. Зейнетақы активтерiн мақсатсыз пайдалану

      1. Инвестициялық портфельді басқарушының Қазақстан Республикасының заңнамасында белгіленген инвестициялау шарттары мен тәртібін бұзуы –
      жеке тұлғаға – төрт жүз, заңды тұлғаға сегіз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Екінші деңгейдегі кастодиан-банктің ерікті жинақтаушы зейнетақы қорының зейнетақы активтерiнiң нысаналы орналастырылуын бақылауды жүзеге асырмауы –
      кастодианның лауазымды адамына екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 172-бап жаңа редакцияда - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      172-1-бап. Банктердi және сақтандыру (қайта сақтандыру)
                 ұйымдарын таратуға байланысты талаптарды бұзу

      1. Банкті, сақтандыру (қайта сақтандыру) ұйымын тарату комиссиясы төрағасының Қазақстан Республикасының заңнамасын бұзушылықты жою туралы жазбаша нұсқаманы қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті орган белгілеген мерзімде орындамауы –
      қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Тарату комиссиясы төрағасының не бөлімшесі басшысының тарату комиссиясының қызметіне қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті органның тексеру жүргізуінен жалтаруы не оны жүргізуге кедергі келтіруі –
      жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Тарату комиссиясы төрағасының, бөлімшесі басшысының қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті органға Қазақстан Республикасының банк заңнамасында, Қазақстан Республикасының сақтандыру iсi және сақтандыру қызметi туралы заңнамасында белгіленген, анық емес есептілікті және ақпаратты бірнеше рет (қатарынан күнтізбелік алты ай ішінде екі және одан да көп рет) беруі, Қазақстан Республикасының банк заңнамасында, Қазақстан Республикасының сақтандыру iсi және сақтандыру қызметi туралы заңнамасында белгіленген есептілікті және қосымша ақпаратты уақтылы бермеуі, бермеуі –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 172-1-бап жаңа редакцияда - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      172-2-бап. Қаржы нарығы субъектілерінің өздері қабылдаған
                 және (немесе) шектеулі ықпал ету шараларын
                 қолдану арқылы өздеріне жүктелген міндеттерді
                 орындамауы

      1. Банктердің, Қазақстанның Даму Банкінің, банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың өздері қабылдаған және (немесе) өздеріне Қазақстан Республикасының Ұлттық Банкі шектеулі ықпал ету шараларын қолдану арқылы жүктеген міндеттерді орындамауы –
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру брокерінің, бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы қорының, бағалы қағаздар нарығы субъектісінің, арнайы қаржы компаниясының, исламдық арнайы қаржы компаниясының, инвестициялық қордың өздері қабылдаған және (немесе) өздеріне Қазақстан Республикасының Ұлттық Банкі шектеулі ықпал ету шараларын қолдану арқылы жүктеген міндеттерді орындамауы –
      заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Банктердің, банктердің ірі қатысушыларының, банк холдингтерінің, банк конгломератының құрамына кіретін ұйымдардың, банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдардың өздері қабылдаған және (немесе) өздеріне қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті орган шектеулі ықпал ету шараларын қолдану арқылы жүктеген міндеттерді орындамауы –
      жеке тұлғаларға – елу, лауазымды адамдарға – жетпіс, заңды тұлғаларға төрт жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) –
      жеке тұлғаларға – жүз, лауазымды адамдарға – жүз қырық, заңды тұлғаларға тоғыз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру брокерінің, сақтандыру холдингінің, сақтандыру (қайта сақтандыру) ұйымы ірі қатысушыларының, сақтандыру тобына кіретін заңды тұлғалардың, актуарийдің өздері қабылдаған және (немесе) өздеріне қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті орган шектеулі ықпал ету шараларын қолдану арқылы жүктеген міндеттерді орындамауы –
      жеке тұлғаларға – елу, лауазымды адамдарға – жүз, заңды тұлғаларға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Бірыңғай жинақтаушы зейнетақы қорының, инвестициялық портфельді басқарушының, инвестициялық портфельді басқарушының ірі қатысушыларының, бағалы қағаздар нарығы субъектісінің өздері қабылдаған және (немесе) өздеріне қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті орган шектеулі ықпал ету шараларын қолдану арқылы жүктеген міндеттерді орындамауы –
      жеке тұлғаларға – елу, лауазымды адамдарға – бір жүз, заңды тұлғаларға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 172-2-баппен толықтырылды - ҚР 2007.02.19 N 230 (қолданысқа енгізілу тәртібін 2-баптан қараңыз); жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      173-бап. Қазақстан Республикасының сақтандыру ісі және
              сақтандыру қызметi туралы заңнамасында
              белгiленген талаптарды бұзу

      1. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру брокерiнiң, сақтандыру (қайта сақтандыру) ұйымы қатысушыларының (құрылтайшыларының) және үлестес тұлғаларының, сақтандыру (қайта сақтандыру) ұйымы ірі қатысушысының (сақтандыру холдингінің), сондай-ақ сақтандыру (қайта сақтандыру) ұйымы ірі қатысушысының (сақтандыру холдингінің) белгілеріне сәйкес келетін жеке және заңды тұлғалардың қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органға есептемені, мәліметтерді не өзге де сұратылатын ақпаратты уақтылы бермеуі, бермеуі не Қазақстан Республикасының сақтандыру ісі және сақтандыру қызметi туралы заңнамасына сәйкес берілуі талап етілетін мәліметтері жоқ есептемені, ақпаратты беруі не анық емес есептемені немесе мәліметтерді не өзге де сұратылатын ақпаратты беруі –
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Өзара сақтандыру қоғамының өсімдік саласындағы уәкiлеттi мемлекеттік органға «Өсімдік шаруашылығындағы міндетті сақтандыру туралы» Қазақстан Республикасының Заңына сәйкес есептемені не уәкілетті орган сұратқан өзге де ақпаратты уақтылы бермеуі, бермеуі не анық емес есептемені беруі –
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Сақтандыру (қайта сақтандыру) ұйымының бiрлескен қызмет туралы шартты тіркеу үшін қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органға оны бермеуі не уақтылы бермеуі –
      төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру тобының бас ұйымының Қазақстан Республикасының Ұлттық Банкі белгілеген пруденциялық нормативтердi және (немесе) өзге де сақталуға мiндеттi нормалар мен лимиттердi бірнеше рет (қатарынан күнтiзбелiк он екі ай iшiнде екi және одан да көп рет) бұзуы –
      бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру холдингінің, сақтандыру брокерiнiң, сақтандыру агентiнiң мәмiлелер мен операцияларды Қазақстан Республикасының сақтандыру ісі және сақтандыру қызметi туралы заңнамасын бұза отырып жүзеге асыруы –
      мәмiле сомасының оннан бiр пайызы не операциялар бойынша алынған табыс сомасының жүз пайызы, бірақ айлық есептік көрсеткіштің елуден кем емес және екі мыңнан аспайтын мөлшерiнде айыппұл салуға әкеп соғады.
      6. Өзара сақтандыру қоғамының мәмілелер мен операцияларды Қазақстан Республикасының өзара сақтандыру туралы заңнамасын бұза отырып жүзеге асыруы –
      екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      7. Актуарийдiң өз қызметiн Қазақстан Республикасының сақтандыру ісі және сақтандыру қызметi туралы заңнамасын бұза отырып жүзеге асыруы –
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      8. Сақтандыру ұйымының сақтанушыларды Қазақстан Республикасының заңнамасында белгіленген тәртіппен өзінің тұрақты жұмыс істейтін органының, оқшауландырылған бөлімшесінің орналасқан жерінің өзгергені немесе атауының өзгергені туралы уақтылы хабардар етпеуі –
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      9. Сақтандыру (қайта сақтандыру) ұйымының Қазақстан Республикасының сақтандыру ісі және сақтандыру қызметi туралы заңнамасында белгіленген сақтандыру қызметін жүзеге асыру құқығын тиісінше құжаттандыру, оған арналған құжаттарды сақтау, лицензиялардың көшірмелерін орналастыру жөніндегі талаптарды бұзуы, сондай-ақ сақтандыру ұйымының, сақтандыру брокерінің және сақтандыру агентінің Қазақстан Республикасының заңнамасында белгіленген сақтандыру құжаттамасы бланкілерін есепке алу және сақтау, қолма-қол ақшамен жұмыс істеу қағидаларын бұзуы –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Сақтандыру (қайта сақтандыру) ұйымының және сақтандыру брокерiнiң жарияланған күнге шындыққа сәйкес келмейтiн жарнаманы бұқаралық ақпарат құралдарында хабарлауы немесе жариялауы –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Сақтандыру (қайта сақтандыру) ұйымының есептіліктегі көрсеткiштердiң не пруденциялық нормативтерді және (немесе) сақталуға мiндеттi өзге де нормалар мен лимиттердi сақтау туралы мәлiметтердiң бұрмалануына әкеп соққан есептілікті жасауы –
      лауазымды адамдарға – елу, заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      12. Сақтандыру брокерiнiң сақтандыру (қайта сақтандыру) ұйымының төлем қабiлетсiздiгiнiң өзiне белгiлi болған фактiлерi туралы қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органға хабарламауы –
      жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Актуарийдiң өзi анықтаған сақтандыру (қайта сақтандыру) ұйымының Қазақстан Республикасының сақтандыру резервтерiн қалыптастыру жөнiндегi заңнамасының талаптарын сақтамау фактiлерi туралы қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органға хабарламауы –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      14. Сақтандыру төлемдерiне кепiлдiк беру қорына мiндеттi немесе төтенше жарналарды төлемеу, уақтылы төлемеу не толық көлемде төлемеу –
      лауазымды адамдарға – елу, заңды тұлғаларға екi жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      15. Сақтандыру (қайта сақтандыру) ұйымының қаржы есептілігін және өзге де мәлiметтердi Қазақстан Республикасының заңдарына сәйкес бұқаралық ақпарат құралдарында жариялау мiндеттiлiгi туралы талаптарды бұзуы –
      жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады. 
      Ескерту. 173-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      174-бап. Сақтандыру органдарының сақтандыру шарттарын
               жасасумен және орындаумен байланысты
               талаптарды бұзуы

      1. Сақтандыру полистерiн немесе сақтандырумен байланысты өзге де құжаттарды, не аударылған құжаттардың есепке алынбаған бланкiлерiн заңсыз өткiзудi жүзеге асыру, -
      лауазымды адамдарға – елу, заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Сақтандыру төлемдерiн жүзеге асырмау, сол сияқты дер кезiнде жүзеге асырмау немесе сақтандыру туралы жасалған шарттың өзге де талаптарын дұрыс орындамау, -
      заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Сақтандыру шартын орындау үшiн клиент табыс еткен құжаттарды жоғалту, -
      заңды тұлғаларға әрбір жоғалған құжат үшін елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 174-бапқа өзгерту енгізілді - Қазақстан Республикасының 2005.07.08. N 72 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      175-бап. Қазақстан Республикасының міндетті сақтандыру
                туралы заңдарын бұзу

      1. Қазақстан Республикасының заң актілерінде көзделген міндетті сақтандыру шартын жасасудан сақтандыру ұйымының жалтаруы, -
      лауазымды адамдарға - елу, заңды тұлғаға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Міндетті сақтандыру туралы Қазақстан Республикасының заң актісіне сәйкес міндетті сақтандыру шартын жасасуға міндетті тұлғаның міндетті сақтандыру шартын жасасудан жалтаруы, -
      жеке тұлғаларға - жиырма, лауазымды адамдарға, дара кәсiпкерлерге, жеке нотариустарға, жеке сот орындаушыларына - бір жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Сақтандыру (қайта сақтандыру) ұйымының астанада, республикалық, облыстық және аудандық маңызы бар қалаларда филиалдарының және (немесе) сақтандыру агенттерінің болуы, сақтандыру бойынша деректер базасына қатысу шартын жасасуы, сақтандыру бойынша деректер базасына ақпарат беру жөніндегі талаптарды орындамауынан немесе тиісінше орындамауынан көрінген Қазақстан Республикасының заңнамалық актілерінің талаптарын бұзуы -
      лауазымды адамға - елу, заңды тұлғаға бес жүз айлық есептік көрсеткіш мөлшерінде айып салуға әкеп соғады.
      4. Сақтандыру (қайта сақтандыру) ұйымының міндетті сақтандыру шартын:
      сақтандыру сомаларының мөлшерлерін Қазақстан Республикасының міндетті сақтандыру түрлері туралы заңдарында айқындалғаннан өзге мөлшерде белгілеуден;
      сақтандыру сыйлықақыларының мөлшерлерін Қазақстан Республикасының міндетті сақтандыру түрлері туралы заңдарында айқындалғаннан өзге мөлшерде белгілеуден, сол сияқты сақтандыру сыйлықақысын есептеу кезінде коэффициенттерді дұрыс емес (негізсіз) қолданудан;
      сақтандыруға жатпайтын объектілерді міндетті сақтандыру түрлері бойынша сақтандырудан көрiнетін Қазақстан Республикасы заңнамасының талаптарына сәйкес келмейтін талаптармен жасасуы –
      лауазымды адамдарға – жүз айлық есептiк көрсеткiш мөлшерiнде, заңды тұлғаларға мәміле сомасының оннан бір пайызы не операциялар бойынша алынған табыс сомасының жүз пайызы не операциялар бойынша алынған сақтандыру сыйлықақылары сомасының жүз пайызы мөлшерiнде, бірақ айлық есептiк көрсеткiштің екі жүзден кем емес және екі мыңнан аспайтын мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 175-бап жаңа редакцияда - ҚР 2003.06.03 N 428, өзгерту енгізілді - 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2009.12.30 № 234-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      175-1-бап. Қаржы ұйымдарының, банк және сақтандыру
                 холдингтерінің, Сақтандыру төлемдеріне
                 кепілдік беру қорының басшы қызметкерлерiн
                 келісудің Қазақстан Республикасының
                 заңнамасында белгiленген мерзімдерін бұзу

      1. Қаржы ұйымының, банк және сақтандыру холдингінің, Сақтандыру төлемдеріне кепілдік беру қорының басшы қызметкерiн келісудің мерзімдерін қаржы ұйымының, банктің және сақтандыру холдингінің, Сақтандыру төлемдеріне кепілдік беру қорының бұзуы –
      заңды тұлғаларға тоқсан айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 175-1-баппен толықтырылды - ҚР 2005.12.23 N 107 (қолданысқа енгізілу тәртібін 2-баптан қараңыз); жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      175-2-бап. Қаржы ұйымдарының филиалдары мен
                 өкiлдiктерiнiң ашылғаны және олардың
                 қызметiнiң тоқтатылғаны туралы қаржы нарығын
                 және қаржы ұйымдарын бақылау мен қадағалау
                 жөніндегі уәкiлеттi органды уақтылы
                 хабардар етпеу, сондай-ақ қаржы ұйымдарының
                 филиалдарын, өкiлдiктерiн ашу кезiнде
                 Қазақстан Республикасы заңнамасының талаптарын
                 сақтамау

      Қазақстан Республикасының заңнамасында көзделген жағдайларда, қаржы ұйымдарының филиалдары мен өкiлдiктерiнiң ашылғаны және олардың қызметiнiң тоқтатылғаны туралы қаржы нарығы және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органды уақтылы хабардар етпеу, сондай-ақ қаржы ұйымдарының филиалдарын, өкiлдiктерiн ашу кезiнде Қазақстан Республикасының банк заңнамасының, Қазақстан Республикасының сақтандыру ісі және сақтандыру қызметi туралы заңнамасының талаптарын сақтамау –
      лауазымды адамдарға – елу, заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 175-2-баппен толықтырылды - ҚР 2005.12.23. N 107 (қолданысқа енгізілу тәртібін 2-баптан қараңыз); жаңа редакцияда - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      176-бап. Қазақстан Республикасының заңнамасын бұза отырып
                кредит, қарыз алу не оларды пайдалану

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Жеке кәсiпкердiң немесе ұйымның лауазымды адамының банкке немесе банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымға жеке кәсiпкердiң немесе ұйымның шаруашылық жағдайы, қаржылық жай-күйi немесе кепiлге салатын мүлкi туралы немесе кредит, кредит берудiң жеңiлдетiлген шарттарын алу үшiн елеулi маңызы бар өзге де мән-жайлар туралы көрiнеу жалған мәлiметтер табыс етуi арқылы кредит не кредит берудiң жеңiлдетiлген шарттарын алуы, сол сияқты кредит берудi доғаруға, жеңiлдiктердi алып тастауға не бөлiнген кредит мөлшерлерiн шектеуге алып келуi мүмкiн мән-жайлардың пайда болуы туралы ақпаратты банкке немесе өзге де кредит берушiге хабарламауы, егер бұл әрекеттер iрi залал келтiрмесе, -
      елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Бюджеттік кредитті нысаналы мақсаты бойынша пайдаланбау, егер бұл әрекет жеке тұлғаға, ұйымға немесе мемлекетке iрi залал келтiрмесе, -
      жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Мемлекет кепілдік берген қарыздардың және мемлекет кепілгерлігімен тартылатын қарыздың қаражатын қарыз талаптарында көзделмеген және кепілгерлік шартында көзделмеген мақсаттарға, сондай-ақ мемлекеттік органдарға кредит беруге пайдалану -
      мемлекеттік кепілдігі бар қарыз бойынша қарыз алушы тиісті заңды тұлғаның бірінші басшыларына, олардың орынбасарларына не оларды алмастыратын, тиісті бұйрықтармен міндеттерді атқару жүктелген адамдарға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 176-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      177-бап. Республикалық және жергiлiктi бюджеттерге
               түсiмдердi уақтылы, толық есепке жатқызбау

      1. Республикалық және жергiлiктi бюджеттерге түсетiн қаражатты уақтылы, толық есепке жатқызбау, -
      лауазымды адамдарға жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Бюджет қаражатын алушылардың тиiстi банктердегi немесе банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардағы шоттарына аударылатын қаражатты уақтылы және толық есепке жатқызбау, -
      лауазымды адамдарға жетпіс айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. (алынып тасталды - Қазақстан Республикасының 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен).
      Ескерту. 177-бап жаңа редакцияда - Қазақстан Республикасының 2006.07.05 N 165 (қолданысқа енгізілу тәртібін 2-баптан қараңыз),  өзгерту енгізілді - 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      177-1-бап. Республикалық және жергiлiктi бюджеттер
                 қаражатын, оның iшiнде нысаналы трансферттер
                 мен кредиттердi, сондай-ақ байланысты
                 гранттарды, мемлекет кепiлдiк берген
                 қарыздарды, мемлекет активтерiн негiзсiз
                 (құқыққа қайшы) пайдалану

       Ескерту. 177-1-бап алынып тасталды - Қазақстан Республикасының 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен).

       177-2-бап. Республикалық және жергiлiктi бюджеттер
                 қаражатын, байланысты гранттарды, мемлекет
                 кепiлдiк берген қарыздарды, мемлекет
                 активтерiн тиiмсiз пайдалану

       Ескерту. 177-2-бап алынып тасталды - Қазақстан Республикасының 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен).

      177-3-бап. Бюджеттiк есепке алуды жүргiзу, есептiлiктi
                 жасау мен табыс ету ережелерiн бұзу

      Бюджеттiк есепке алуды жүргiзу, есептiлiктi жасау мен табыс ету ережелерiн бұзу, -
      лауазымды адамдарға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 177-3-баппен толықтырылды - Қазақстан Республикасының 2006.07.05. N 165 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

        177-4-бап. Бюджеттiк кредиттердi, мемлекеттiк
                 кепiлдiктер мен мемлекет кепiлгерлiктерiн
                 беру шарттары мен рәсiмдерiн бұзу

      Бюджеттiк кредиттердi, мемлекеттiк кепiлдiктер мен мемлекет кепiлгерлiктерiн беру шарттары мен рәсiмдерiн бұзу, -
      лауазымды адамдарға төрт жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 177-4-баппен толықтырылды - Қазақстан Республикасының 2006.07.05. N 165 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      177-5-бап. Шығындарды өтеу ережелерiн бұзу

      1. Бюджеттiк бағдарламалар әкiмшiлерiнiң тегiн медициналық көмектiң кепiлдi көлемiн көрсету жөнiндегi шығындарды өтеу ережелерiн бұзуы, -
      лауазымды адамдарға жиырма бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол әрекет, -
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 177-1-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       178-бап. Жеке тұлғалардың және лауазымды адамдардың
               Қазақстан Республикасының бухгалтерлiк есеп пен
               қаржылық есептiлiк туралы заңнамасын бұзуы

      1. Жеке тұлғалардың және лауазымды адамдардың Қазақстан  Республикасының бухгалтерлiк есеп пен қаржылық есептiлiк туралы заңнамасында көзделген мiндеттердi:
      iрi залал келтiрмей, бухгалтерлiк есеп жүргiзуден жалтару;
      бұрмаланған қаржылық есептiлiк жасау, бухгалтерлiк есепте көрсетiлуге жататын деректердi жасыру, сол сияқты iрi залал келтiрмей, бухгалтерлiк құжаттаманы жою;
      жария ұйымның бас бухгалтерi лауазымына кәсiби бухгалтердiң сертификаты жоқ адамды тағайындау түрiнде орындамауы және (немесе) тиiсiнше орындамауы, -
      жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет, -
      екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту: 178-бап жаңа редакцияда - Қазақстан Республикасының 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       179-бап. Заңды тұлғаның Қазақстан Республикасының
               бухгалтерлiк есеп пен қаржылық есептiлiк туралы
               заңнамасын бұзуы

      1. Заңды тұлғаның Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық есептiлiк туралы заңнамасын:
      бухгалтерлiк есеп жүргiзуден жалтару, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса;
      құрылтай құжаттарына сәйкес ұйымдардың құрылтайшыларына (қатысушыларына), тiркелу орны бойынша мемлекеттiк статистика саласындағы уәкілетті органның, мемлекеттiк бақылау және қадағалау органдарының құзыреттерiне сәйкес оларға және қаржылық есептілік депозитарийіне көрiнеу дәйексіз қаржылық есептiлiктi табыс ету, қаржылық есептiлiктi табыс етуден бас тарту, белгiленген мерзiмдi бұза отырып табыс ету не оны дәлелді себепсіз табыс етпеу;
      бұрмаланған қаржылық есептiлiк жасау, бухгалтерлiк есепте көрсетiлуге жататын деректердi жасыру, сол сияқты бухгалтерлiк құжаттаманы жою;
      қаржылық есептілікке жария мүдделі ұйымның кәсіби бухгалтер болып табылмайтын бас бухгалтерінің қол қоюы түрінде жасалған бұзушылық –
      шағын кәсiпкерлiк субъектiсi немесе коммерциялық емес ұйым болып табылатын заңды тұлғаға - жүз айлық есептік көрсеткіш мөлшерiнде, орта кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға - екі жүз айлық есептік көрсеткіш мөлшерiнде, iрi кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға бес жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет, -
      шағын кәсiпкерлiк субъектiсi немесе коммерциялық емес ұйым болып табылатын заңды тұлғаға - екі жүз айлық есептік көрсеткіш мөлшерiнде, орта кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға - төрт жүз айлық есептік көрсеткіш мөлшерiнде, iрi кәсiпкерлiк субъектiсi болып табылатын заңды тұлғаға бір мың айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қаржы ұйымдарының, арнайы қаржы компанияларының, исламдық арнайы қаржы компанияларының, микроқаржы ұйымдарының, инвестициялық қорлардың және Қазақстанның Даму Банкінің операцияларды бухгалтерлік есепте олардың нәтижелерін тиісті түрде көрсетпестен жүргізуі –
      заңды тұлғаларға есепке алынбаған соманың жиырма пайызы, бірақ айлық есептік көрсеткіштің жүзден кем емес және төрт мыңнан аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      4. Қаржы ұйымдарының, арнайы қаржы компанияларының, исламдық арнайы қаржы компанияларының, микроқаржы ұйымдарының, инвестициялық қорлардың және Қазақстанның Даму Банкінің қаржылық есептілікті бұрмалауға әкеп соққан, бухгалтерлiк есепті Қазақстан Республикасының бухгалтерлiк есеп және қаржылық есептілік туралы заңнамасында белгіленген талаптарды және бухгалтерлік есеп әдістерін (қағидаттарын) бұза отырып жүргізуі –
      заңды тұлғаларға тиісінше есепке алынбаған соманың бес пайызына дейінгі, бірақ айлық есептік көрсеткіштің жүзден кем емес және төрт мыңнан аспайтын мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 179-бап жаңа редакцияда - ҚР 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2010.03.19 № 258-IV, 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.11.26 N 57-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      179-1-бап. Бухгалтерлiк ақпараттың құпиясын жария ету

      Коммерциялық құпия болып табылатын бухгалтерлiк ақпаратты оған рұқсаты бар адамдардың iрi зиян келтiрмей, жария етуi - айлық есептiк көрсеткiштiң жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту: 179-1-баппен толықтырылды - ҚР 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      179-2-бап. Қазақстан Республикасының бухгалтерлiк есеп
                 пен қаржылық есептiлiк туралы заңнамасында
                 белгiленген аккредиттеу ережелерiн бұзу

      1. Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық есептiлiк туралы заңнамасында белгiленген аккредиттеу ережелерiн бұзу, -
      заңды тұлғаға ескерту жасауға немесе екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы бапта көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      заңды тұлғаға үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту: 179-2-баппен толықтырылды - Қазақстан Республикасының 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      179-3-бап. Инвестициялық портфельді басқарушының
                пруденциялық нормативтердi және (немесе)
                сақталуға мiндеттi өзге де нормалар мен
                лимиттердi орындамауы

      1. Инвестициялық портфельді басқарушының есептіліктегі көрсеткіштерді не пруденциялық нормативтерді және (немесе) Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында айқындалған сақталуға міндетті өзге де нормалар мен лимиттерді орындау туралы мәліметтерді бұрмалауға әкеп соққан есептілікті жасауы –
      лауазымды адамдарға – бір жүз, заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Инвестициялық портфельді басқарушының Қазақстан Республикасының Ұлттық Банкі белгiлеген пруденциялық нормативтердi және (немесе) сақталуға мiндеттi өзге де нормалар мен лимиттердi бiрнеше рет (қатарынан күнтiзбелiк он екі ай iшiнде екi және одан да көп рет) орындамауы –
      заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
       Ескерту. 179-3-баппен толықтырылды - Қазақстан Республикасының 2008.11.20 N 88-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз);  жаңа редакцияда - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      180-бап. Қазақстан Республикасының валюталық заңнамасына
               сәйкес талап етілетін валюталық операциялар
               бойынша есептемені, ақпаратты және құжаттарды
               беру тәртібін бұзу

      1. Ресімделген тіркеу куәліктері немесе хабарлама туралы куәліктер бойынша немесе валюталық мониторинг бойынша анық емес есептемені беру –
      жеке, заңды тұлғаларға және Қазақстан Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес заңды тұлғалардың филиалдары мен өкілдіктеріне ескерту жасауға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      жеке тұлғаларға – бес, дара кәсіпкерлерге, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он, дара кәсіпкерлерге, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға, Қазақстан Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес заңды тұлғалардың филиалдары мен өкілдіктеріне қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Ресімделген тіркеу куәліктері немесе хабарлама туралы куәліктер бойынша немесе валюталық мониторинг бойынша есептілікті уақтылы ұсынбау –
      жеке және заңды тұлғаларға, Қазақстан Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес заңды тұлғалардың филиалдары мен өкілдіктеріне ескерту жасауға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      жеке тұлғаларға – бес, дара кәсіпкерлерге, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он, дара кәсіпкерлерге, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға, Қазақстан Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес заңды тұлғалардың филиалдары мен өкілдіктеріне қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Ресімделген тіркеу куәліктері, хабарлама туралы куәліктер бойынша немесе валюталық мониторинг бойынша есептілікті ұсынбау –
      жеке тұлғаларға – қырық, дара кәсіпкерлерге, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жетпіс, дара кәсіпкерлерге, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға, Қазақстан Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес заңды тұлғалардың филиалдары мен өкілдіктеріне жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Ұлттық және шетел валютасын репатриациялау мерзіміне және шарттарына әсер ететін мән-жайлардың туындағанын растайтын ақпаратты және құжаттарды уақтылы бермеу –
      дара кәсіпкерлерге және заңды тұлғаларға ескерту жасауға әкеп соғады.
      7. Осы баптың алтыншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      дара кәсіпкерлерге, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – отыз, дара кәсіпкерлерге, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Ұлттық және шетел валютасын репатриациялау мерзіміне және шарттарына әсер ететін мән-жайлардың туындағанын растайтын ақпаратты және құжаттарды бермеу –
      дара кәсіпкерлерге, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – елу, дара кәсіпкерлерге, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жетпіс, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 180-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      181-бап. <*>

      Ескерту. 181-бап алып тасталды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      182-бап. Валюта операциялары туралы хабарлама куәлікті
                немесе валюта операцияларын жасауға тіркеу
                куәлігін алу үшін құжаттарды беру мерзімін
                бұзу

      1. Жеке және заңды тұлғалардың валюталық операциялар туралы хабарлама куәлікті немесе валюталық операциялар жасауға тіркеу куәлігін алу үшін құжаттарды беру мерзімін бұзуы, -
      жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      жеке тұлғаларға - айлық есептік көрсеткіштің елуге дейінгі мөлшерінде, дара кәсіпкерлерге - сексенге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүз жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 182-бап жаңа редакцияда - Қазақстан Республикасының  2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      183-бап. Аудитордың Қазақстан Республикасының
               бухгалтерлiк есеп пен қаржылық есептiлiк туралы
               заңнамасының бұзылу фактiсiн аудит жүргiзуге
               тапсырыс берушiлерден жасыруы

      Аудитордың тексеру жүргiзу кезiнде анықталған Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық есептiлiк туралы заңнамасының бұзылу фактiсiн аудит жүргiзуге тапсырыс берушiден жасыруы, -
      "аудитор" бiлiктiлiк куәлiгiнен айыра отырып, жетпіс бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 183-бапқа өзгертулер енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2006.05.05. N 139 , 2007 жылғы 28 ақпандағы N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.02.20. N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      184-бап. Аудитордың және аудиторлық ұйымның дұрыс емес
               аудиторлық есепті жасауы

      1. Осы Кодекстің 185-бабында көзделген жағдайды қоспағанда, аудитордың және аудиторлық ұйымның дұрыс емес аудиторлық есепті жасауы -
      аудиторларға - сексен айлық есептік көрсеткіш мөлшерінде, аудиторлық қызметті жүзеге асыруға лицензияның қолданылуын тоқтата тұрып не онсыз, аудиторлық ұйымға жүз сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Аудитордың және аудиторлық ұйымның көрінеу дұрыс емес аудиторлық есепті жасауы -
      біліктілік куәлігінен айыра отырып, аудиторларға - жүз он айлық есептік көрсеткіш мөлшерінде, аудиторлық қызметті жүзеге асыруға лицензияның қолданылуын тоқтата тұрып, аудиторлық ұйымдарға екі жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, аудитор әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған іс-әрекет -
      біліктілік куәлігінен айыра отырып, аудиторларға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші және екінші бөліктерінде көзделген, аудиторлық ұйым әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған іс-әрекеттер -
      аудиторлық қызметті жүзеге асыруға лицензиядан айыра отырып, аудиторлық ұйымдарға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 184-бап жаңа редакцияда - Қазақстан Республикасының  2009.02.20. N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      184-1-бап. Қазақстан Республикасының аудиторлық қызмет
                 туралы заңнамасын бұзу

      1. Аудиторлық ұйымның Қазақстан Республикасының аудиторлық қызмет туралы заңнамасында көзделмеген қызмет түрлерін жүзеге асыруы -
      аудиторлық ұйымдарға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Аудитті "Аудиторлық қызмет туралы" Қазақстан Республикасының  Заңында тыйым салынған жағдайларда жүргізу -
      лицензияның қолданылуын тоқтата тұрып, аудиторлық ұйымдарға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Аудит жүргізілуі міндетті қаржы ұйымдарына аудит жүргізу нәтижесінде анықталған Қазақстан Республикасының қаржы нарығын және қаржы ұйымдарының қызметін реттейтін заңнамасын бұзушылықтар туралы қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті органға хабарламау және аудиттелетін осы ұйымдарды хабардар етпеу –
      аудиторлық ұйымдарға жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Аккредиттелген кәсіби аудиторлық ұйымдардың Қазақстан Республикасының аудиторлық қызмет туралы заңнамасына сәйкес берілуі талап етілетін ақпаратты тиісті уәкілетті органдарға уақтылы табыс етпеуі немесе табыс етпеуі, сол сияқты дұрыс емес мәліметтерді беруі -
      аккредиттелген кәсіби аудиторлық ұйымдарға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Мемлекеттік мекемелер мен мемлекеттік кәсіпорындар, сондай-ақ мемлекет қатысатын заңды тұлғалар болып табылатын аудиттелетін субъектілердің мемлекеттік қаржылық бақылау органдарына осы ұйымдарға аудит жүргізу нәтижесінде анықталған бюджет қаражатын, кредиттерді, байланысты гранттарды, мемлекет активтерін, мемлекет кепілдік берген қарыздарды пайдалану кезінде Қазақстан Республикасының заңнамасын бұзушылықтар туралы хабарламауы -
      заңды тұлғаларға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Аудиторлық ұйымдардың уәкілетті орган бекіткен нысан бойынша өзінің азаматтық-құқықтық жауапкершілігін сақтандыру жөніндегі ақпаратты уақтылы бермеуі немесе бермеуі -
      аудиторлық ұйымдарға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөнiндегi уәкiлеттi органның белгiленген мерзiмде аудиторлық есептi ұсыну туралы жазбаша нұсқамасын аудиторлық ұйымдардың орындамауы не аудиторлық ұйымдардың қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөнiндегi уәкiлеттi органға аудиторлық есептi бермеуі –
      аудиторлық қызметтi жүзеге асыруға арналған лицензияның қолданылуын тоқтата тұрып не онсыз, аудиторлық ұйымдарға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 184-1-бап жаңа редакцияда - Қазақстан Республикасының  2009.02.20. N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз),  2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      184-2-бап. Аудитордың жеке мөрiн пайдалануға және
                 сақтауға байланысты бұзушылықтар

      Аудитордың Қазақстан Республикасының аудиторлық қызмет туралы заңнамасында белгiленген жеке мөрдi тиiсiнше сақтау және пайдалану жөнiндегi талаптарды бұзуы, -
      аудиторға айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 184-2-баппен толықтырылды - Қазақстан Республикасының  2006.05.05. N 139 Заңымен.

      185-бап. Аудиттелетін субъектінің аудиторлық ұйымға
               уақтылы емес, дұрыс емес немесе толық емес
               ақпарат беруі

      Аудиттелетін субъектінің аудиторлық ұйымға аудит жүргізу барысында дұрыс емес аудиторлық есеп жасауға әкеп соғатын уақтылы емес, дұрыс емес немесе толық емес ақпарат беруі -
      лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 185-бап жаңа редакцияда - Қазақстан Республикасының  2009.02.20. N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      186-бап. Мiндеттi аудит өткiзуден жалтару

      Мiндеттi аудит өткiзуден жалтару не оны жүргiзуге кедергi келтiру, -
      ұйым басшыларына, шағын немесе орта кәсiпкерлiк субъектiлерi  немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 186-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2009.02.20. N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен. 

      187-бап. Ұлттық және шетел валютасын репатриациялау
               талабын орындамау

      Уәкiлеттi банктердегi банк шоттарына:
      тауарлар (жұмыстар, көрсетілетін қызметтер) экспортынан түсетін ұлттық және шетел валютасындағы түсiмдердi;
      резиденттiң тауарлар (жұмыстар, көрсетілетін қызметтер) импорты үшін резидент еместiң пайдасына аударған ұлттық және шетел валютасын, резидент еместiң тауарларды жеткізу (жұмыстарды жүзеге асыру, қызметтер көрсету) бойынша мiндеттемелердi орындамауына немесе толық орындамауына байланысты қайтарылуға жататын ұлттық және шетел валютасын есепке жатқызбау түрiнде жасалған ұлттық және шетел валютасын репатриациялау талабын орындамау –
      дара кәсiпкерлерге, заңды тұлғаларға есепке жатқызылмаған ұлттық және шетел валютасы сомасының жиырма пайызы, бірақ екі мың айлық есептiк көрсеткіштен аспайтын мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту.
      Осы бапта көзделген құқық бұзушылықты жасағаны үшін жауаптылық репатриациялау мерзімі аяқталғаннан кейін есепке жатқызылмаған ұлттық және шетел валютасының сомасы елу мың АҚШ долларына балама сомадан асып кеткен және егер осы іс-әрекеттерде (әрекетсіздікте) қылмыстың жазаланатын әрекет белгілері болмаған жағдайларда туындайды.
      Ескерту. 187-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      188-бап. Валюта заңнамасын бұза отырып, валюталық
                операцияларды жүргізу

      1. Шетел валютасын уәкілетті банктер мен олардың айырбастау пункттері, сондай-ақ уәкілетті ұйымдардың айырбастау пункттері арқылы емес айырбас операцияларын жүргізу, резиденттер арасында тыйым салынған валюта операцияларын жүргізу, төлемдер мен аударымдарды уәкілетті банктердегі шоттар арқылы емес жүргізу, егер мұндай талап валюта заңнамасында белгіленсе, -
      жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      шағын немесе орта кәсіпкерлік немесе коммерциялық емес ұйымдардың субъектілері болып табылатын жеке және заңды тұлғаларға - белгіленген тәртіпті бұза отырып жүргізілген операция сомасының жетпіс процентіне дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз процентіне дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Уәкілетті банктер мен уәкілетті ұйымдардың айырбастау пункттері арқылы жүргізілетін операциялар бойынша шетел валютасын сатып алу бағамының теңгеге сату бағамынан Қазақстан Республикасының Ұлттық Банкі белгілеген ауытқу шегін сақтамауы, -
      лауазымды тұлғаларға - бір жүз, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі жүз, ipi кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бес жүз айлық есептің көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 188-бап жаңа редакцияда - Қазақстан Республикасының  2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), өзгерту енгізілді - 2009.07.04. N 167-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       188-1-бап. Арнайы валюта режимін бұзу

      Арнайы валюта режимін:
      валюталық операцияны жүргізуге Қазақстан Республикасы Ұлттық Банкінің арнайы рұқсатын алу талабын орындамау;
      резиденттер алған шетел валютасын міндетті түрде сату талабын орындамау;
      шетел банктеріндегі шоттарды пайдалану;
      валюталық операцияларды жүргізу тәртібіне қойылатын талаптарды орындамау;
      Қазақстан Республикасының Президенті енгізген өзге де уақытша валюталық шектеулерді сақтамау бөлігінде бұзу, -
      жеке және заңды тұлғаларға арнайы валюта режимін бұза отырып жүргізген операция сомасының жүз проценті мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 188-1-баппен толықтырылды - ҚР-ның 2009.07.04. N 167-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      189-бап. <*>

      Ескерту. 189-бап алып тасталды - Қазақстан Республикасының  2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      190-бап. Инсайдерлік ақпаратты заңсыз пайдалану

      1. Инсайдерлердің бағалы қағаздармен және (немесе) туынды қаржы құралдарымен мәмілелер жасасу кезінде инсайдерлік ақпаратты пайдалану, инсайдерлік ақпаратты үшінші тұлғаларға заңсыз беру, үшінші тұлғаларға бағалы қағаздармен және (немесе) туынды қаржы құралдарымен мәмілелер жасасу туралы инсайдерлік ақпаратқа негізделген ұсынымдарды немесе ұсыныстарды беру жөніндегі іс-әрекеті, сондай-ақ эмитенттерге инсайдерлер деп танылған заңды тұлғалардың осы эмитенттерге қатысты ақпаратты беруі жөніндегі Қазақстан Республикасы заңнамасының талаптарын орындамауы, егер осы іc-әрекеттер ірі залал келтірмеген болса, -
      жеке тұлғаға – екі жүз, лауазымды адамға – төрт жүз, заңды тұлғаға алты жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Эмитенттердің эмитент туралы және ол шығарған (берген) бағалы қағаздар (туынды қаржы құралдары) туралы инсайдерлік ақпаратқа билік етуді және пайдалануды бақылауды жүзеге асыру бөлігінде Қазақстан Республикасының заңнамасында белгіленген талаптарды бұзуы -
      лауазымды адамға – төрт жүз, заңды тұлғаға алты жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 190-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      191-бап. Эмиссиялық бағалы қағаздарды шығару
               проспектiсiне өзгерiстер мен толықтыруларды
               тiркеуге арналған құжаттарды беру мерзiмiн бұзу

      Эмитенттiң Қазақстан Республикасының заңнамасында белгiленген эмиссиялық бағалы қағаздарды шығару проспектiсiне өзгерiстер мен толықтыруларды тiркеуге арналған құжаттарды беру мерзiмiн бірнеше рет (қатарынан күнтізбелік он екі ай ішінде екі және одан да көп) бұзуы –
      эмитентке елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 191-бап жаңа редакцияда - Қазақстан Республикасының 2003.05.16. N 416, өзгерту енгізілді - 2003.12.05. N 506 , 2005.07.08. N 72 (қолданысқа енгізілу тәртібін 2-баптан қараңыз),  2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      192-бап. Бағалы қағаздар рыногындағы қызметтiң жосықсыз
               жарнамасы

      Бағалы қағаздар рыногы субъектiлерiне жарнаманы жариялау кезiнде дұрыс емес мәлiметтер табыс ету және тарату жолымен жасалған бағалы қағаздар рыногындағы қызметтiң жосықсыз жарнамасы,-
      жарнама берушiге жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 192-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      193-бап. Бағалы қағаздар нарығы субъектісінің қаржы
               нарығын және қаржы ұйымдарын бақылау мен
               қадағалау жөніндегі уәкілетті органға
               есептемені, ақпаратты, мәліметтерді
               беру жөніндегі талаптарды бұзуы

      1. Бағалы қағаздар нарығы субъектісінің қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкілетті органға есептемені, мәліметтерді не өзге де сұратылатын ақпаратты бермеуі, сол сияқты уақтылы бермеуі немесе Қазақстан Республикасының бағалы қағаздар нарығы туралы заңнамасына сәйкес берілуі талап етілетін мәліметтері жоқ есептемені, ақпаратты беруі не анық емес есептемені немесе мәліметтерді не өзге де сұратылатын ақпаратты, оның ішінде бағалы қағаздар нарығы субъектiлерінің қызметіне тексеру жүргізу барысында, эмиссиялық бағалы қағаздар шығаруды мемлекеттiк тiркеу, эмиссиялық бағалы қағаздарды орналастырудың және (немесе) өтеудің қорытындылары туралы есепті бекіту, бағалы қағаздар нарығындағы қызметті жүзеге асыруға лицензия алу үшін ақпаратты беруі –
      лауазымды адамдарға – жүз, заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Бағалы қағаздар нарығы субъектiсiнiң қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөніндегі уәкiлеттi органға бағалы қағаздармен операциялар туралы көрiнеу жалған, қылмыстық жаза қолданылатын әрекет белгiлерi жоқ мәлiметтердi ұсынуы –
      заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 193-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      194-бап. Бағалы қағаздарды ұстаушылар құқықтарының
              бұзылуы

      1. Акционерлердің акционерлiк қоғам iстерiн басқару құқықтарының, табыс бөлiгiн бөлу (дивидендтер төлеу) тәртiбiнің, бағалы қағаздарды артықшылықпен сатып алу, қоғамның қызметi туралы ақпарат алу құқықтарының бұзылуы, сондай-ақ акционерлердiң жалпы жиналысын шақыру мен өткiзудiң Қазақстан Республикасының заңнамасында белгiленген тәртiбiн бұзу -
      лауазымды адамға – екі жүз, заңды тұлғаға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Облигациялар бойынша сыйақылар төлеудің және (немесе) оларды өтеудің Қазақстан Республикасының заңнамасында белгiленген тәртiбiн бұзу -
      лауазымды адамға – екі жүз, заңды тұлғаға төрт жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      3. Бағалы қағаздар эмитентінің өзі орналастырған бағалы қағаздарды сатып алу тәртібі мен шарттарын Қазақстан Республикасының заңнамасында және (немесе) бағалы қағаздарды шығару проспектісінде белгіленген жағдайларда бұзуы, сондай-ақ өздері орналастырған бағалы қағаздарды сатып алуды Қазақстан Республикасының заңнамасында және (немесе) осы бағалы қағаздарды шығару проспектісінде белгіленген жағдайларда жүзеге асырмауы -
      лауазымды адамға – екі жүз, заңды тұлғаға төрт жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 194-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      194-1-бап. Акцияларды сатып алу тәртiбiн бұзу

      Акцияларды сатып алудың Қазақстан Республикасының заңдарында белгiленген тәртiбiн бұзу, оның iшiнде акцияларды сатып алу кезiндегi олардың құнын айқындаудың қоғам акционерлерiнiң жалпы жиналысы бекiткен әдiстемесi болмаған кезде акционерлiк қоғамның орналастырылған акцияларын осы қоғамның сатып алуы –
      лауазымды адамдарға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 194-1-баппен толықтырылды - ҚР 2005.07.08. N 72 (қолданысқа енгізілу тәртібін 2-баптан қараңыз); жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      195-бап. Бағалы қағаздармен және (немесе) туынды қаржы
                құралдарымен мәмiлелер жасасу тәртібін,
                сондай-ақ мәмілелер жасасу шарттарын бұзу

      Бағалы қағаздармен және (немесе) туынды қаржы құралдарымен мәмiлелер жасасудың Қазақстан Республикасының заңнамасында белгiленген тәртiбiн, сондай-ақ мәмілелер жасасудың Қазақстан Республикасының заңнамасында белгіленген шарттарын бұзу -
      жеке тұлғаларға – екі жүз, лауазымды адамдарға, дара кәсiпкерлерге – үш жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 195-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      195-1-бап. Бағалы қағаздар бағаларымен айла-шарғы жасау
                  мақсатында мәмiлелер жасасу

      Бағалы қағаздар бағаларымен айла-шарғы жасау мақсатында бағалы қағаздар рыногы субъектiлерiмен мәмiлелер жасасу, -
      жеке тұлғаларға – екі жүз, лауазымды адамдарға – үш жүз, заңды тұлғаларға бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 195-1-баппен толықтырылды - ҚР 2005.07.08. N 72 (қолданысқа енгізілу тәртібін 2-баптан қараңыз),  өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      196-бап. Бағалы қағаздармен мәмiлелердi тiркеу, олар
                бойынша құқықтарды есепке алу және растау
                тәртiбiн бұзу

      1. Бағалы қағаздар рыногы кәсiби қатысушысының бағалы қағаздарды ұстаушылардың тiзiлiмдерi жүйесiн немесе номиналды ұстауды есепке алу жүйесiн жүргiзу тәртiбiн бұзуы, сол сияқты бағалы қағаздар бойынша құқықтарды растау тәртiбiн бұзуы, қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      лауазымды адамға - екi жүз, заңды тұлғаға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Бағалы қағаздар рыногы кәсiби қатысушысының Қазақстан Республикасының заңнамасында белгіленген бағалы қағаздарды ұстаушылар тізілімдері жүйесін немесе номиналды ұстау жүйесiн құрайтын құжаттар мен мәліметтерді бағалы қағаздар рыногының басқа кәсiби қатысушысына беру тәртібі мен шарттарын бұзуы -
      лауазымды адамға - үш жүз, заңды тұлғаға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 196-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      196-1-бап. Эмитенттiң эмиссиялық бағалы қағаздарды
                  шығарудың және (немесе) орналастырудың
                  шарттары мен тәртiбiн бұзуы

      1. Эмитенттің эмиссиялық бағалы қағаздарды шығарудың және (немесе) орналастырудың Қазақстан Республикасының заңнамасында белгiленген шарттары мен тәртiбiн, оның ішінде қаржы ұйымы болып табылмайтын эмитенттің, осы баптың екінші бөлігінде көзделген іс-әрекеттерді қоспағанда, облигациялар шығару проспектісінде белгіленген облигацияларды орналастырудан алынған ақшаны пайдалану шарттары мен тәртібін бұзуы -
      лауазымды адамдарға – үш жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Эмитенттің бағалы қағаздарды шет мемлекеттің аумағында орналастырудың Қазақстан Республикасының заңнамасында белгiленген шарттары мен тәртiбiн бұзуы -
      заңды тұлғаларға эмиссиялық бағалы қағаздарды орналастырудан алынған ақша сомасының елу пайызы мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 196-1-баппен толықтырылды - ҚР 2005.07.08 N 72 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен, жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      197-бап. Бағалы қағаздарды орналастыру және (немесе)
               өтеу қорытындылары туралы есеп-қисапты табыс
               ету мерзiмiн бұзу

      Ескерту. 197-бапты алып тасталды - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      197-1-бап. Бағалы қағаздар нарығына кәсiби қатысушының
                 және бағалы қағаздармен сауда-саттықты
                 ұйымдастырушының олардың қызметiне қойылатын
                 Қазақстан Республикасының заңнамасында
                 белгiленген талаптарды бұзуы

      Бағалы қағаздар нарығына кәсiби қатысушының және бағалы қағаздармен сауда-саттықты ұйымдастырушының олардың қызметiне Қазақстан Республикасының заңнамасында белгiленген талаптарды бірнеше рет (қатарынан күнтiзбелiк он екі ай iшiнде екi және одан да көп) бұзуы –
      үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 197-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506; жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      198-бап. Бағалы қағаздар рыногына кәсiби қатысушының
               есеп-қисаптарды табыс ету мерзiмiн бұзуы

      Ескерту. 198-бапты алып тасталды - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      199-бап. Бағалы қағаздар эмитентінің өз қызметі туралы
                ақпаратты ашудың тәртібі мен шарттарына
                қойылатын талаптарды орындамауы

      Бағалы қағаздар эмитентінің өз қызметі туралы ақпаратты ашудың Қазақстан Республикасының заңнамасында және (немесе) қор биржасының ішкі қағидаларында белгіленген тәртібі мен шарттарына қойылатын талаптарды орындамауы, сондай-ақ эмитенттің өз қызметі туралы толық емес немесе дәйексіз ақпаратты ұсынуы -
      лауазымды адамдарға - екі жүз, заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 199-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      200-бап. Бағалы қағаздар рыногындағы ақпаратты ашу
               жөнiндегi мiндеттi бұзу

      Бағалы қағаздар рыногы субъектiлерiнiң Қазақстан Республикасының заңдарында айқындалған тәртiппен және жағдайларда ақпаратты ашу жөнiндегi мiндеттi орындамауы, -
      лауазымды адамдарға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 200-бапқа өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      201-бап. Бірыңғай жинақтаушы зейнетақы қорының, ерікті
               жинақтаушы зейнетақы қорларының және
               инвестициялық портфельді басқарушының Қазақстан
               Республикасының бағалы қағаздар нарығы туралы
               заңнамасын бұзуы

      Бірыңғай жинақтаушы зейнетақы қорының, ерікті жинақтаушы зейнетақы қорларының салымшылардың (алушылардың) жеке шоттарындағы зейнетақы жинақтарын есепке алу тәртiбiн бұзуы, сондай-ақ инвестициялық портфельді басқарушының кастодиан-банктермен және бірыңғай жинақтаушы зейнетақы қорымен, ерікті жинақтаушы зейнетақы қорларымен өзара қарым-қатынастардың Қазақстан Республикасының бағалы қағаздар нарығы туралы заңнамасында белгiленген тәртiбiн iрi залал келтiрмей бұзуы –
      лауазымды адамдарға – екi жүз, заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 201-бап жаңа редакцияда - ҚР 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      201-1-бап. «Инвестициялық қорлар туралы» Қазақстан
                  Республикасы Заңының талаптарын бұзу
      1. Инвестициялық қордың компаниясын басқаратын акционерлiк инвестициялық қордың өзiнiң қызметi, инвестициялық қордың таза активтерiнiң құрамы мен құнын сипаттайтын көрсеткiштер туралы ақпараттың мазмұнына қойылатын «Инвестициялық қорлар туралы» Қазақстан Республикасы Заңының талаптарын, сондай-ақ оны жариялау және тарату тәртiбiн бұзуы –
      лауазымды адамдарға – екi жүз, заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Инвестициялық қордың компаниясын басқаратын акционерлiк инвестициялық қордың дәл емес, толық емес немесе жаңылыстыратын ақпаратты таратуы немесе жариялауы –
      лауазымды адамдарға – екi жүз, заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 201-1-баппен толықтырылды - ҚР 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді); жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      202-бап. Бағалы қағаздар туралы ақпаратқа құқықтарды
               бұзу

      Бағалы қағаздар туралы коммерциялық құпия болып табылмайтын ақпаратты жасыру, сондай-ақ бағалы қағаздар рыногы субъектiлерiнiң оны алуына кедергi келтiру, егер бұл әрекет iрi залал келтiруге әкеп соқпаса, -
      жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 202-бапқа өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      203-бап. Төлемдер жүргiзу бойынша Қазақстан
               Республикасының заң актiлерiнде белгiленген
               шектеулердi бұзу

      Заңды тұлғалардың азаматтық-құқықтық мәмiле бойынша басқа заңды тұлғаның пайдасына бір мың айлық есептiк көрсеткiштен астам сомада қолма-қол тәртiппен төлемдi жүзеге асыруы, -
      төлемдi жүзеге асырушы заңды тұлғаға төлем сомасының бес пайызы мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 203-бапқа өзгеріс енгізілді - ҚР 2012.06.21 N 19-V (алғашқы ресми жарияланғанынан кейін үш ай өткен соң қолданысқа енгізіледі) Заңымен.

      204-бап. Мемлекеттiк мекеменiң және оралымды басқару
               құқығындағы мемлекеттiк кәсiпорынның
               (қазыналық кәсiпорынның) лауазымды
               адамдарының мемлекеттiк бюджет қаражаты
               есебiнен ақшалай мiндеттемелердi қабылдау
               жөнiндегi заңсыз әрекеттерi

      1. Мемлекеттiк мекеменiң немесе оралымды басқару құқығындағы мемлекеттiк кәсiпорынның (қазыналық кәсiпорынның) лауазымды адамдарының мемлекеттiк бюджет қаражаты есебiнен ақшалай мiндеттемелердi азаматтық-құқықтық мәмiлелердi заңдарда белгiленген тiркеусiз және (немесе) уәкiлеттi орган бекiткен сметалар сомасынан тыс қабылдау жөнiндегi, мемлекеттiк мекеменiң немесе оралымды басқару құқығындағы мемлекеттiк кәсiпорынның (қазыналық кәсiпорынның) мiндеттемелерi бойынша Қазақстан Республикасы Үкiметiнiң немесе тиiстi жергiлiктi атқарушы органның жауаптылығына әкеп соққан заңсыз әрекеттерi, -
      елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 204-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       204-1-бап. Қазақстан Республикасының тауар биржалары
                   туралы заңнамасын бұзу
 
      1. Тауар биржасы қызметкерлерінің биржалық мәмілелерге қатысуы -
      айлық есептік көрсеткіштің бір жүз отыздан бір жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Тауар биржасының сауда қызметін және биржалық сауданы ұйымдастырумен тікелей байланысты емес өзге де қызметті жүзеге асыруы -
      айлық есептік көрсеткіштің төрт жүз сексеннен бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Биржалық тауарлар тізбесіне енгізілген тауарларды тауар биржаларынан тыс өткізу -
      жеке тұлғаларға - айлық есептік көрсеткіштің елуден жетпіске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге - айлық есептік көрсеткіштің сексеннен жүзге дейінгі, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің жүз жиырмадан жүз қырыққа дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің үш жүз сексеннен төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Биржалық брокерлердің және (немесе) биржалық дилерлердің әрбір клиент бойынша жеке жасалатын биржалық мәмілелердің есебін жүргізу және осы мәмілелер туралы мәліметтерді мәміле жасалған күннен бастап бес жыл бойы сақтау жөніндегі талаптарды сақтамауы -
      айлық есептік көрсеткіштің алпыстан сексенге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 15-тарау 204-1-баппен толықтырылды - ҚР 2009.05.04. N 156-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз, 2009.05.08 жарияланды) Заңымен.

16-тарау. САЛЫҚ САЛУ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      205-бап. Салық органында тіркеу есебiне қою
                мерзiмiнiң бұзылуы

      1. Салық органында тiркелу есебiне қою туралы, дара кәсіпкердің, жекеше нотариустың, жеке сот орындаушысының, адвокаттың тіркелу есебі туралы, жекелеген қызмет түрлері бойынша тіркелу есебі туралы салықтық өтініш берудiң Қазақстан Республикасының заңнамалық актiлерiнде белгiленген мерзiмдерiн бұзу –
      жеке тұлғаларға, дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      2-1. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      2-2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      жеке тұлғаларға, дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына және адвокаттарға – сегiз, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жетпіс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Салық төлеушiнiң қосылған құн салығы бойынша тіркеу есебіне қою туралы салық өтінішін берудiң Қазақстан Республикасының заң актiлерiнде белгiленген мерзiмiн бұзуы, -
      дара кәсiпкерлерге – он бес айлық есептiк көрсеткiш мөлшерінде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – есепке қойылмаған кезең үшiн салық салынатын айналым сомасының он бес пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      4. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      5. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      Ескерту. Осы тарауда пайдаланылатын салық заңдарының ұғымы мен терминдерi Қазақстан Республикасының салық заңдарында олар пайдаланылатын мағынада ғана қолданылады.
      Ескерту. 205-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006.01.01. бастап қолданысқа енгізілді), 2006.12.11 N 201 (2007.01.01. бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01. бастап қолданысқа енгізіледі), 2008.12.10 N 101-IV (2009.01.01. бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      205-1-бап. Арнаулы салық режимiн қолданған кезде
                 қызметтi заңсыз жүзеге асыру

      1. Арнаулы салық режимiн қолданған кезде қызметтi Қазақстан Республикасының заңнамалық актiлерiнде осы режим үшiн көзделген шарттарды бұза отырып жүзеге асыру, -
      жеке тұлғаларға, дара кәсiпкерлерге, заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға – сегіз, дара кәсiпкерлерге – он бес, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Дара кәсiпкердiң патент алу үшін есеп-қисап беру мерзiмiн бұзуы –
      дара кәсіпкерлерге ескерту жасауға әкеп соғады.
      4. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      5. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет –
      он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      7. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      Ескерту. Қызметті жүзеге асыру деп патент алу үшін салық органына есеп-қисапты табыс етпей, салық және бюджетке төленетін басқа да міндетті төлемдерді есептеу мен төлеу жөніндегі міндеттеменің туындауына әкеп соғатын қызметті қайта бастау түсініледі.
      Ескерту. 205-1-бап жаңа редакцияда - ҚР 2006.12.11 N 201 (2007.01.01. бастап қолданысқа енгізілді), өзгерту енгізілді - 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2011.07.21 № 467-IV (2012.01.01 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      205-2-бап. Салық органының салық есептілігін табыс етуді
                  тоқтата тұру туралы шешімінің қолданылуы
                  кезеңінде қызметті жүзеге асыру

      1. Салық органының салық есептілігін табыс етуді тоқтата тұру туралы шешімінің қолданылуы кезеңінде тұлғалардың қызметті жүзеге асыруы –
      дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет –
      дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына және адвокаттарға – отыз, шағын кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – қырық, орта немесе iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 205-2-баппен толықтырылды - ҚР 2008.12.10 N 101-IV (2009.01.01. бастап қолданысқа енгізіледі) Заңымен, жаңа редакцияда - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      206-бап. Салық есептiлiгiн, сондай-ақ шартты банк
                салымына байланысты құжаттарды табыс етпеу

      Ескерту. Тақырып жаңа редакцияда - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      1. Салық төлеушінің Қазақстан Республикасының заңнамалық актілерінде белгіленген мерзімде салық органына салық есептілігін табыс етпеуі –
      жеке тұлғаларға, дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, заңды тұлғаларға ескерту жасауға әкеп соғады.
      1-1. Осы баптың үшінші бөлігінде көрсетілген әрекетті қоспағанда, осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      жеке тұлғаларға – он бес, дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына және адвокаттарға – отыз, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – қырық бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпіс айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Алынып тасталды - ҚР 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі) Заңымен.
      3. Мониторинг бойынша есептілікті Қазақстан Республикасының заңнамалық актілерінде белгіленген мерзімде табыс етпеуді білдіретін, осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      мониторинг жүргізілуге жататын ірі салық төлеушілерге бес жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      5. Салық агентінің шартты банк салымы туралы шартты табыс салығын шартты банк салымы арқылы төлеген жағдайда салық органына табыс етпеуі не уақтылы табыс етпеуі -
      дара кәсіпкерлерге, жеке нотариустарға, жеке сот орындаушыларына және адвокаттарға - он, заңды тұлғаларға, оның ішінде, Қазақстан Республикасындағы қызметін тұрақты мекеме, филиал, өкілдік арқылы жүзеге асыратын шағын немесе орта кәсіпкерлік субъектілері болып табылатын резидент еместерге - отыз, заңды тұлғаларға, оның ішінде Қазақстан Республикасында қызметін тұрақты мекеме, филиал, өкілдік арқылы жүзеге асыратын ірі кәсіпкерлік субъектілері болып табылатын резидент еместерге елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Салық төлеушінің салық органына жеңілдікті салық салынатын мемлекетте орналасқан және (немесе) тіркелген, Қазақстан Республикасының Салық кодексіне сәйкес салық салынуға жататын резидент емес заңды тұлға пайдасының немесе пайдасының бір бөлігінің сомасын айқындау үшін қажетті құжаттарды табыс етпеуі, -
      жеке тұлғаларға, дара кәсіпкерлерге — бір жүз, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға — екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Алып тасталды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.
      Ескерту. 206-бап жаңа редакцияда - ҚР  2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгерту енгізілді - 2006.12.11 N 201 (2007.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

       206-1-бап. Мәмілелер мониторингі бойынша есептілікті,
                   сондай-ақ трансферттік баға белгілеу кезінде
                   бақылауды жүзеге асыру үшін қажетті құжаттарды
                   табыс етпеу

      1. Салық төлеушінің Қазақстан Республикасының трансферттік баға белгілеу туралы заңнамасында белгіленген мерзімде салық органына мәмілелер мониторингі бойынша есептілікті табыс етпеуі, сондай-ақ салық төлеушiнiң трансферттік баға белгілеу кезінде бақылауды жүзеге асыру үшін қажетті құжаттарды (оның iшiнде электрондық түрдегi) уәкiлеттi орган белгiлеген мерзiмде табыс етпеуi не оны табыс етуден бас тартуы –
      дара кәсіпкерлерге – отыз, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мәмілелер мониторингі бойынша есептіліктің деректері мен тексеру барысында алынған деректер арасында тиісті қаржы жылына республикалық бюджет туралы заңмен белгіленген айлық есептік көрсеткіштің 2 000 еселенген мөлшерінен асатын алшақтықтарды анықтау –
      дара кәсіпкерлерге – елу, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік) –
      дара кәсіпкерлерге – елу, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 206-1-баппен толықтырылды - ҚР 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі) Заңымен, жаңа редакцияда - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      206-2-бап. Қаржылық бақылау шараларын бұзу

      1. Мемлекеттік лауазымды атқаратын адамның, мемлекеттік қызметтен теріс себептермен босатылған адамның, сол сияқты аталған адамдардың жұбайының (зайыбының) салық салу объектісі болып табылатын табыстары мен мүлкі туралы декларацияларды Қазақстан Республикасының заңнамасында белгіленген мерзімдерде қасақана табыс етпеуі –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 206-2-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      207-бап. Салық салу объектiлерiн жасыру

      1. Салық төлеушiнiң салық салу объектiлерiн жасыруы, -
      жеке тұлғаларға, дара кәсiпкерлерге және заңды тұлғаларға жасырылған салық салу объектiсi бойынша төленуге жататын салық және басқа да мiндеттi төлемдер сомасының жүз елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік),-
      жеке тұлғаларға, дара кәсiпкерлерге және заңды тұлғаларға жасырылған салық салу объектiсi бойынша төленуге жататын салық және басқа да мiндеттi төлемдер сомасының екі жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Осы баптың бірінші бөлігінің мақсаттары үшін салық төлеушінің кеден одағына мүше мемлекеттердің аумағынан Қазақстан Республикасының аумағына импортталған тауарларды есепке қабылдамауы да салық салу объектiлерiн жасыру деп түсініледі.
      Ескерту. 207-бапқа өзгерту енгізілді - Қазақстан Республикасының - 2004.12.13 N 11 (күшіне ену тәртібін 2-баптан қараңыз), 2005.11.22 N 89 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      208-бап. Есепке алу құжаттамаларының болмауы және салық
                  есебін жүргізуді бұзу

      1. Салық төлеушіде есеп құжаттамасының болмауы және (немесе) Қазақстан Республикасының заңнамасында белгіленген есеп құжаттамасын жасау және сақтау жөніндегі талаптардың орындалмауы, —
      дара кәсiпкерлерге, заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      дара кәсiпкерлерге – жиырма бес, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жетпіс бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Тауарларды (жұмыстарды, көрсетiлген қызметтердi) есепке алу және сату жөнiндегi операциялардың есеп құжаттамасында көрсетiлмеуi, -
      дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - есепке алынбаған тауарлар (жұмыстар, көрсетiлген қызметтер) құнының бес процентi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға он процентi мөлшерiнде айыппұл салуға әкеп соғады.

      Ескерту.
      Салық төлеушіде есеп құжаттамасының болмауы деп бухгалтерлік құжаттаманың және (немесе) салық нысандарының, салықтық есепке алу саясаты құжаттарының, салық салу объектілерін және (немесе) салық салуға байланысты объектілерді айқындау үшін, сондай-ақ салық міндеттемелерін есептеу үшін негіз болып табылатын өзге де құжаттардың болмауы түсініледі.
      Ескерту. 208-бап жаңа редакцияда - Қазақстан Республикасының  2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2006.12.11 N 201 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2008.12.10 N 101-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      208-1-бап. Салық және бюджетке төленетiн басқа да
                мiндеттi төлемдердiң есептелген (есептелген)
                    сомасын төлеуден жалтару

      Касса бойынша шығыс операцияларын тоқтата тұру туралы салық органы өкімінің қолданысы кезеңіндегі салық берешегі болған жағдайда, салық төлеушiнiң касса не үшiншi тұлғалардың банк шоты арқылы өзара есеп айырысуды жүзеге асыруы арқылы салық және бюджетке төленетiн басқа да мiндеттi төлемдердiң есептелген (есептелген) сомасын төлеуден жалтару, егер бұл әрекетте қылмыстық жаза қолданатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға – он бес, дара кәсiпкерлерге – отыз бес айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға жүргізілген есеп айырысу сомасының отыз пайызы мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 208-1-баппен толықтырылды - ҚР 2003.12.05 N 506 , өзгерістер енгізілді - 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      209-бап. Салықтың және бюджетке төленетiн басқа да
                мiндеттi төлемдердiң сомасын кемiтiп көрсету

      1. Салықтың және басқа да міндетті төлемдердің сомасын декларацияда, есепте, тауарларды әкелу және жанама салықтардың төленгені туралы өтініште төмендетіп көрсету, егер осы iс-әрекетте қылмыстық жазаланатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға – он айлық есептiк көрсеткiш мөлшерiнде, дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға және шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – салықтың және бюджетке төленетiн басқа да мiндеттi төлемдердiң есептелген сомасының отыз пайызы мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. (алынып тасталды - Қазақстан Республикасының 2008.12.10 N 101-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен).
      3. Салық төлеушiнiң ағымдағы төлемдер сомасын есепте кемітіп көрсетуi, егер осы iс-әрекетте қылмыстық жазаланатын әрекет белгiлерi болмаса, -
      дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - ағымдағы төлемдердiң кемiтiп көрсетiлген сомасының отыз процентi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу процентi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Салық кезеңi үшiн iс жүзiнде есептелген корпорациялық табыс салығы сомасының салық кезеңi iшiнде есептелген аванстық төлемдер сомасынан жиырма процент мөлшерде асып түсуi, егер осы iс-әрекетте қылмыстық жазаланатын әрекет белгiлерi болмаса, -
      ic жүзiндегi салықтың асып түскен сомасының қырық процентi мөлшерiнде айыппұл салуға әкеп соғады.
      5. (алып тасталды)
      6. Бюджетпен патент негiзiнде есеп айырысуды жүргiзетiн ауыл шаруашылық өнiмiн өндiрушi-заңды тұлғаның патент құнының есебiне кiретiн салық сомасын кемiтiп көрсетуi, егер осы iс-әрекетте қылмыстық жазаланатын әрекет белгiлерi болмаса, -
      патент құнының есебi кезiнде азайтылмай, кемiтiп көрсетiлген салық сомасының отыз процентi мөлшерiнде айыппұл салуға әкеп соғады.

      Ескертулер.
      1. Осы баптың бірінші бөлігінің мақсаттары үшін қосылған құн салығының есепке жазылған сомасы бойынша әкімшілік жаза сомасын айқындау кезінде салық кезеңі үшін қосылған құн салығын төлеудің белгіленген мерзімі күніне салық төлеушінің жеке шоты бойынша қосылған құн салығының артық төленген сомасы есепке алынады.
      Бір салық кезеңінен артық кезеңге салықтық тексеру болған жағдайда, әрбір келесі салық кезеңі үшін төлемнің белгіленген мерзімі күніне жеке шот бойынша артық төленген сома осы салықтық тексеруге енгізілген алдыңғы салық кезеңдері үшін қосылған құн салығының есепке жазылған және (немесе) азайтылған сомасын есепке ала отырып айқындалады.
      1-1. Осы баптың бірінші бөлігінің мақсаттары үшін, егер тұлға тауарларды әкелу және жанама салықтардың төленгені туралы өтініште жанама салықтардың сомаларын төмендеткені үшін әкімшілік жауаптылыққа тартылуға тиіс болған жағдайда, мұндай тұлға импортталған тауарлар бойынша жанама салықтар жөніндегі декларацияда жанама салықтардың көрсетілген сомаларын төмендеткені үшін бөлек әкімшілік жауаптылыққа тартылмайды.
      2. Осы баптың төртінші бөлігіндегі мақсаттар үшін, салық кезеңі ішінде Қазақстан Республикасының салық заңнамасына сәйкес ұсынылуға жататын корпоративтік табыс салығы бойынша аванстық төлемдердің есептерін ұсынбаған жағдайда да, тұлға әкімшілік жауапкершілікке тартылмауы тиіс. Бұл ретте, аванстық төлемдердің есептелген сомасы нөлге теңестіріледі.
      3. Осы баптың төртінші бөлігінің мақсаты үшін асып түсуді айқындау кезінде Қазақстан Республикасы Салық кодексінің 335-бабының 3-тармағына және (немесе) 338-бабының 3-тармағының 1) тармақшасына сәйкес пайдалы қазбаларды өндіру салығына жүргізілген түзетуге байланысты түзілген асып түсу есепке алынбайды.
      Ескерту. 209-тармаққа өзгерістер енгізілді - ҚР 2003.11.29 N 500 (2004.01.01 бастап күшіне енеді, 2-бапты қараңыз), 2003.12.05 N 506 , 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.07.07 N 177 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2006.12.11 N 201 (2007.01.01 бастап қолданысқа енгізілді), 2007.07.26 N 312 , 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.01.09 N 535-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      210-бап. Салық агентiнiң салықтарды ұстап қалу және
              (немесе) аудару жөнiндегi мiндеттердi
              орындамауы

      1. Салық агентінің ұстап қалуға және (немесе) бюджетке аударуға жататын салық сомаларын Қазақстан Республикасының салық заңнамасында белгіленген мерзімде ұстап қалмауы немесе толық ұстап қалмауы -
      дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға салық және басқа да мiндеттi төлемдердiң ұсталмаған сомасының отыз пайызы мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Салық агентінің бюджетке аударуға жататын ұстап қалған салық сомаларын Қазақстан Республикасының салық заңнамасында белгіленген мерзімде аудармауы немесе толық аудармауы -
      дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – он, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Тұлға салық агенті дербес анықтаған және қосымша салық есептілігінде көрсетілген салықтардың ұсталған (ұсталуға тиіс) сомалары бойынша, оларды салық органына қосымша салық есептілігін табыс еткен күннен бастап үш жұмыс күнінен кешіктірмей бюджетке аударған жағдайда осы бапта көзделген әкімшілік жауаптылыққа тартылмайды.
      Ескерту. 210-тармақ жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен, өзгерту енгізілді - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      211-бап. Жалған шот-фактура жазып беру

      Салық төлеушiнiң жалған шот-фактура жазып беруi, -
      дара кәсiпкерлерге отыз бес айлық есептiк көрсеткiш мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – шот-фактураға енгiзiлген қосылған құн салығы сомасының бір жүз жиырма пайызы мөлшерінде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – екi жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Қосылған құн салығы бойынша есепте тұрмаған салық төлеушi, сол сияқты жұмыстар орындауды, қызметтер көрсетудi, тауарлар жөнелтудi нақты жүргiзбеген тұлға жазған және қосылған құн салығы сомасын қамтитын шот-фактура жалған шот-фактура деп танылады.
      Ескерту. 211-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      212-бап. Базар аумағына жiберу тәртiбiн бұзу

       Ескерту. 212-бап алынып тасталды - ҚР 2008.12.10 N 101-IV (2011.01.01 бастап қолданысқа енгізіледі) Заңымен.

       213-бап. Биоотынды, этил спирті мен алкоголь өнімін
                қоспағанда, мұнай өнімдері мен акцизделетін
                тауарлардың жекелеген түрлерін өндіру және
                олардың айналымын мемлекеттік реттеу
                саласындағы Қазақстан Республикасының
                заңнамасын бұзу

      1. Биоотынды, этил спирті мен алкоголь өнімін қоспағанда, ілеспе жүкқұжаттарды ресімдеу, акцизделетін тауарларды декларациялау қағидаларын бұзу, сол сияқты биоотынды, этил спирті мен алкоголь өнімін қоспағанда, ілеспе жүкқұжаттарды, сондай-ақ акцизделетін тауарлардың өндірілуі мен айналымы бойынша декларацияларды табыс етпеу не уақтылы табыс етпеу -
      жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      жеке тұлғаларға – елу, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының темекі бұйымдарының өндірілуі мен айналымын мемлекеттік реттеу саласындағы заңнамасын:
      уәкілетті органға темекі бұйымдарының өндірілуі мен оның айналымы саласындағы мәліметтерді беруден бас тарту немесе дұрыс емес ақпарат беру, сол сияқты өндіріс паспортына енгізілген өзгерістер мен толықтырулар туралы ақпаратты жазбаша түрде күнтізбелік отыз күн ішінде бермеу;
      темекі бұйымдарын лицензияда көрсетілген мекенжайдан басқа орында өндіру, Қазақстан Республикасының заңнамасында белгіленген талаптарға сәйкес келмейтін жабдықтарда өндіру;
      лицензия берілген күннен бастап бір жыл ішінде темекі бұйымдарын өндіру бойынша қызметті жүзеге асырмау түрінде бұзу -
      лауазымды адамдарға – жүз жиырма, тиісті қызмет түріне арналған лицензияның қолданылуы тоқтатыла тұрып, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жеті жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      лауазымды адамдарға – жүз елу, тиісті қызмет түріне арналған лицензиядан айыра отырып, дара кәсіпкерлерге, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға тоғыз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Биоотынды, этил спирті мен алкоголь өнімін қоспағанда, мұнай өнімдері мен акцизделетін тауарлардың жекелеген түрлерін өндіру және өткізу шарттарын:
      этилдендiрiлген бензиннiң айналымы, сондай-ақ кондициялық емес мұнай өнiмдерiн өткiзу және оларды одан әрі өңдемей сақтау;
      мұнай өндірушілер мен жеткізушілерді қоспағанда, тұлғалардың мұнай өнімдерін мұнай өнімдері базаларынан, автожанармай құю станцияларынан тыс орындарда өткізуі;
      мұнай өнімдерін ілеспе жүкқұжаттарынсыз өткізу және (немесе) тасымалдау;
      бақылаушы есепке алу аспаптарына салынған пломбаларды алып тастау;
      темекі бұйымдарының Қазақстан Республикасының Үкіметі белгілеген ең төменгі бағалардан төмен бағаларда айналымда болуы (экспорттан басқа);
      мұнай өнiмдерiн жылжымалы үлгiдегi жанармай құю станцияларынан дала жұмыстарындағы ауыл шаруашылығы техникасы шоғырланған орындардағы ауыл шаруашылығы мақсатындағы жерлерден тыс орындарда өткізу түрінде бұзу –
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болған мұнай өнімдері және (немесе) құқық бұзушылық жасау салдарынан алынған табыстары тәркілене отырып, жеке тұлғаларға – жүз елу, лауазымды адамдарға, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – үш жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сегіз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болған мұнай өнімдері және (немесе) құқық бұзушылық жасау салдарынан алынған табыстары тәркілене отырып, жеке тұлғаларға – екі жүз, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 213-тармақ жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен, өзгерту енгізілді - ҚР 2010.11.15 № 352-IV (алғашқы ресми жарияланған күнінен бастап күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.07.21 № 467-IV (2011.07.01 бастап қолданысқа енгізіледі) Заңдарымен.

      РҚАО-ның ескертпесі!
      214-баптың тақырыбы жаңа редакцияда көзделген - ҚР 18.06.2014 № 210-V Заңымен (01.01.2015 бастап қолданысқа енгізіледі).
      214-бап. Акцизделетін тауарларды акциздік таңбалармен
               және (немесе) есепке алу-бақылау таңбаларымен
               таңбалау тәртібі мен қағидаларын бұзу

      РҚАО-ның ескертпесі!
      1-тармаққа өзгеріс енгізу көзделген - ҚР 18.06.2014 № 210-V Заңымен (01.01.2015 бастап қолданысқа енгізіледі).
       1. Өндірушінің немесе импорттаушының акциздік таңбалармен және (немесе) есепке алу-бақылау таңбаларымен таңбалауға жататын акцизделетін тауарларды таңбалау қағидаларын бұзуы -
      құқық бұзушылықтың тікелей нысанасы болған акцизделетін тауарлар тәркілене отырып, сондай-ақ тиісті қызмет түріне арналған лицензиядан айыра отырып, лауазымды тұлғаларға – бір жүз жиырма, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Акциздік таңбалармен және (немесе) есепке алу-бақылау таңбаларымен таңбалануға жататын акцизделетін тауарларды акциздік және (немесе) есепке алу-бақылау таңбаларсыз, сол сияқты белгіленбеген үлгідегі және (немесе) сәйкестендіруге келмейтін таңбалармен сақтау, өткізу және (немесе) тасымалдау түріндегі айналымы –
      құқық бұзушылықтың тікелей нысанасы болған акцизделетін тауарлар тәркілене отырып, сондай-ақ тиісті қызмет түріне арналған лицензиядан айыра отырып, жеке тұлғаларға – елу, лауазымды тұлғаларға – бір жүз, шағын кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – бір жүз елу, орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 214-тармақ жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 18.06.2014 № 210-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       215-бап. Кассалық-бақылау машиналарын қолдану тәртiбiн
                   бұзу

      1. Қазақстан Республикасының салық заңнамасында белгіленген кассалық-бақылау машиналарын қолдану тәртібін бұзу —
      дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. (алынып тасталды - Қазақстан Республикасының 2008.12.10 N 101-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен).
      3. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсіздік), -
      дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына – он бес, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 215-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2006.12.11 N 201 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2008.12.10 N 101-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      216-бап. Банктер және банк операцияларының жекелеген
                түрлерiн жүзеге асыратын басқа да ұйымдар,
                қор биржалары лауазымды адамдарының салық
                заңдарында көзделген мiндеттердi орындамауы

      1. Банктер және банк операцияларының жекелеген түрлерiн жүзеге асыратын басқа да ұйымдар, қор биржалары лауазымды адамдарының салық заңнамасында көзделген мiндеттердi:
      салық төлеушiлердiң — заңды тұлғалардың (заңды тұлға құрмай кәсiпкерлiк қызметтi жүзеге асыратын жеке тұлғалардың) банктік шоттарын ашқаны туралы салық органдарына хабарламау, салық төлеушiлердiң өздерiнiң банктік шоттарынан салық сипатындағы мiндеттi төлемдер сомаларын, оларға салық органдары берген және оларды есепке қою фактiсiн растайтын құжатты ұсынбай, республикалық және жергiлiктi бюджеттерге аударуға төлем тапсырмаларын жүзеге асыру;
      банктік шоттарында клиенттің ақшасы клиентке қойылатын барлық талаптарды қанағаттандыру үшін жеткілікті болған кезде салық төлеушiлердiң өздерiнiң банктік шотынан бюджетке төленетін салықтар, басқа да міндетті төлемдер, өсiмпұлдар мен айыппұлдар сомаларын аударуға (төлеуге) төлем тапсырмаларын бiрiншi кезекте орындамау;
      банкке немесе бюджет жүйесiнiң кассалық атқарылуын жүзеге асыратын басқа ұйымға салықтар және бюджетке төленетiн басқа да мiндеттi төлемдер сомаларын аудару кезiнде банктiң немесе банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымның кiнәсiнен аудармау (есепке жатқызбау), уақтылы аудармау (банктік шоттарынан ақшаны есептен шығару бойынша операциялар жасалған күннен немесе қолма-қол ақшаны банкке немесе банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымға енгiзгеннен кейінгі күннен кешірек) не төлем құжатының деректемелерiн толтыру кезiнде қателер жiберу;
      банктік шоттарында клиенттің ақшасы клиентке қойылатын барлық талаптарды қанағаттандыру үшін жеткілікті болған кезде салық төлеушiлерден белгiленген мерзiмде енгiзiлмеген салықтар және басқа да міндетті төлемдер, өсiмпұлдар мен айыппұлдар сомаларын бюджетке алу жөнiндегi салық органдарының инкассолық тапсырмаларын (өкімдерін) бiрiншi кезекте орындамау;
      салық органдарының қызметкерлерiн банктік шоттар бойынша жасалған (жасалатын) операцияларды, салық төлеушiлердiң — заңды тұлғалардың (заңды тұлға құрмай кәсiпкерлiк қызметтi жүзеге асыратын жеке тұлғалардың) осы шоттарда ақшасының бар-жоғын, сондай-ақ нақты жеке тұлғалардың операцияларын және шоттарында, салымдарында ақшасының бар-жоғын тексеруге жiберуден бас тарту немесе осы тексерулердi жүзеге асыруға өзге де кедергi жасау;
      салық органдарының заңды тұлғалардың, дара кәсіпкерлердің, жекеше нотариустардың, жеке сот орындаушыларының және адвокаттардың банк шоттары бойынша олардың барлық шығыс операцияларын тоқтата тұру жөніндегі өкiмдерiн орындамау, анықталған салық заңнамасын бұзушылықты жою туралы талаптарды орындамау, салық органдарына және олардың лауазымды адамдарына қаржылық есептілікті, есеп-қисаптар мен салықтарды және бюджетке төленетiн басқа да төлемдердi есептеуге және төлеуге, бағаларды және тарифтерді белгiлеуге және қолдануға байланысты басқа да құжаттарды ұсынбау немесе ұсынудан бас тарту;
      салық органдарының сұрау салулары бойынша белгiлi бір кезеңде банктік шоттар бойынша жасалған операциялар туралы, салық төлеушiлердiң осы шоттарда ақшасының бар-жоғы туралы мәлiметтердi ұсынбау;
      банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың, қор биржаларының лауазымды адамдарының салық органдарының сұрау салулары бойынша салық төлеушiлердiң алдыңғы жыл iшіндегі қаржы операциялары туралы және уәкiлеттi мемлекеттік орган белгiлеген нысан бойынша және мерзiмде есептелген сыйақы (мүдде) туралы мәлiметтердi ұсынбауы;
      клиентте аталған банкте салық органдары инкассолық өкімдер немесе салық төлеушінің банктік шоттары бойынша шығыс операцияларын тоқтата тұру туралы өкімдер шығарған ашылған банктік шоты болған кезде жаңа банктік шот ашу;
      жұмыс істемейтін салық төлеушіге банктік шот ашу түрінде орындамауы –
      отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсіздік), -
      алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 216-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), 2006.12.11 N 201 (01.01.2007 бастап қолданысқа енгізілді), 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.27 N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2008.12.10 N 101-IV (01.01.2009 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      217-бап. Банктердiң және банк операцияларының жекелеген
               түрлерiн жүзеге асыратын ұйымдардың салық
               заңдарында белгiленген мiндеттердi орындамауы

      1. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың салық заңдарында белгiленген мiндеттердi:
      салық төлеушiнiң (жеке тұлғалар - резидент еместерден басқа) банк шоттарын ашуы кезiнде сәйкестендiру нөмiрiн есепке алмау;
      салық төлеушiге - заңды тұлғаға немесе заңды тұлға құрмай кәсiпкерлiк қызметтi жүзеге асыратын жеке тұлғаға банк шоттарының ашылғаны туралы салық органдарына оны ашқан күннен кейінгі бір жұмыс күнінен кешіктірмей хабарламаның кепілдендірілген жеткізуді қамтамасыз ететін байланыстың электронды арналары арқылы не хабарламаны қағаз жеткізгіште жіберген кезде — үш жұмыс күні ішінде хабарламау;
      клиенттер шоттары бойынша төлем құжаттарында (вексельдi қоспағанда) сәйкестендiру нөмiрiн қоймай операциялар жүргiзу;
      салық төлеушiлердiң - заңды тұлғалардың немесе заңды тұлға құрмай кәсiпкерлiк қызметтi жүзеге асыратын жеке тұлғалардың банк шоттары бойынша барлық шығыс операцияларын салық заңдарында көзделген жағдайларда салық органдарының өкімі бойынша тоқтатпау;
      банкке немесе бюджет жүйесінің кассалық атқарылуын жүзеге асыратын басқа ұйымға салықтың және бюджетке төленетін басқа да міндетті төлемдердің сомаларын, өсімпұлдарды, айыппұлдарды аудару кезінде банктің немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымның кінәсінен аудармау (есептемеу), уақтылы аудармау (банктік шоттардан ақшаны есептен шығару бойынша операциялар жасалған күннен кеш немесе қолма-қол ақшаны банкке немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымға енгізген күннен кейін) не төлем құжатының деректемелерін толтыру кезінде қателер жіберу;
      банк шоттарында клиенттің ақшасы клиентке қойылатын барлық талаптарды қанағаттандыру үшін жеткілікті болған кезде салық органдарының салық төлеушiлерден салық және басқа да міндетті төлемдер, өсiмпұлдар мен айыппұлдар сомаларын бюджетке алуға инкассолық тапсырмаларын (өкiмдерiн) бiрiншi кезекте орындамау;
      өз клиентінде аталған банкте салық органдары инкассолық өкімдер немесе салық төлеушінің банктік шоттары бойынша шығыс операцияларын тоқтата тұру туралы өкімдер шығарған ашылған банктік шоты болған кезде, оған жаңа банктік шот ашу;
      әрекетсіз салық төлеушіге банк шотын ашу;
      банк сыйақыларының есептелген сомалары туралы мәліметтерді салық органына Қазақстан Республикасының салық заңнамасында белгіленген мерзім ішінде бермеу;
      есепті тоқсан ішінде шартты банк салымында орналастырылған ақшаның қозғалысы туралы есепті ақшаның осындай қозғалысы бар болған кезде уәкілетті орган белгілеген нысан бойынша салық органына Қазақстан Республикасының салық заңнамасында белгіленген мерзім ішінде ұсынбау түрінде орындамауы, —
      заңды тұлғаларға банктің Қазақстан Республикасының салық заңнамасында белгіленген міндеттерді орындамаған кезеңі ішінде салық төлеушiлердiң банк шоттары бойынша жасалған шығыс операциялары сомасының бес процентi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың шартты банк салымы туралы шарттар бойынша орналастырылған салықтардың және бюджетке төленетiн басқа да мiндеттi төлемдердiң сомасын аудармауы немесе дер кезiнде аудармауы, -
      заңды тұлғаларға шартты банк салымында орналастырылған, аударылмаған немесе дер кезiнде аударылмаған салық және бюджетке төленетiн басқа да мiндеттi төлем сомасының елу процентi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 217-бапқа өзгерістер енгізілді - ҚР 2003.12.05 N 506, 2007.01.12 N 224 (2012.01.01 бастап күшіне енеді), 2008.12.10 N 101-IV (2009.01.01 бастап қолданысқа енгізіледі), 2012.01.12 N 538-IV (қолданысқа енгiзiлу тәртібін 2-б. қараңыз), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      218-бап. Банк операциялары туралы көрiнеу жалған
               мәлiметтер табыс ету

      Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың заңды немесе жеке тұлғалардың банк шоттары бойынша операциялар туралы көрiнеу жалған мәлiметтер табыс етуi, сол сияқты осы банктiң iс жүзiндегi қаржылық жай-күйiмен көрiнеу қамтамасыз етiлмеген тапсырмалар, кепiлдiктер және өзге де мiндеттемелер беруi, егер бұл iс-әрекеттер жеке немесе заңды тұлғаға не мемлекетке iрi залал келтiрмесе, -
      лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Құқық бұзушылық жасалған кездегi бес жүз айлық есептiк көрсеткiш мөлшерiнен асатын сома - жеке тұлғаға келтiрiлген, екi мың айлық есептiк көрсеткiш мөлшерiнен асатын сома заңды тұлғаға келтiрiлген залалдың iрi мөлшерi деп танылады.
      Ескерту. 218-бапқа өзгерту енгізілді - ҚР 2006.12.11 N 201 (2007.01.01 бастап  қолданысқа енгізілді), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      218-1-бап. Кеден одағында тауарлардың экспорты мен
                  импорты, жұмыстарды орындау, қызметтерді
                  көрсету кезінде салық төлеушілердің Қазақстан
                  Республикасының салық заңнамасында
                  белгіленген міндеттерді орындамауы, сондай-ақ
                  тұлғалардың Қазақстан Республикасының
                  заңнамасында белгіленген талаптарды
                  орындамауы

      1. Қазақстан Республикасының салық заңнамасында белгіленген төлеу мерзімінен кейін күнтізбелік отыз күн ішінде жанама салықтарды төлемеу -
      жеке тұлғаларға, дара кәсiпкерлерге, жекеше нотариустарға, адвокаттарға – он, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының салық заңнамасында белгіленген төлеу мерзімінен кейін күнтізбелік отыз күн өткен соң жанама салықтарды төлемеу -
      жеке тұлғаларға, дара кәсiпкерлерге, жекеше нотариустарға, адвокаттарға – жиырма, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға –
      орындалмаған салық міндеттемесі сомасының отыз пайызы мөлшерінде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – елу пайызы мөлшерінде, бірақ екі жүз елу айлық есептік көрсеткіштен кем болмайтын мөлшерде айыппұл салуға әкеп соғады.
      3. Салық төлеушінің салық органына Қазақстан Республикасының салық заңнамасында көзделген қайта өңдеу өнімдерін әкелу (әкету) туралы міндеттемелерді табыс етпеуі және оларды орындамауы –
      жеке тұлғаларға – елу, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын дара кәсiпкерлер мен заңды тұлғаларға – бір жүз елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3-1. Салық органдарын мынадай жағдайларда:
      әкелінген тауарлардың қасиеттері мен сипаттарын өзгертпей кейіннен Қазақстан Республикасының аумағынан әкетілетін тауарларды Кеден одағына мүше мемлекеттердің аумағынан Қазақстан Республикасының аумағына уақытша әкелу кезінде;
      әкетілген тауарлардың қасиеттері мен сипаттарын өзгертпей кейіннен Қазақстан Республикасының аумағына әкелінетін тауарларды Қазақстан Республикасының аумағынан Кеден одағына мүше мемлекеттердің аумағына уақытша әкету кезінде хабардар етпеу не уақтылы хабардар етпеу –
      жеке тұлғаларға – елу, дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Қазақстан Республикасының аумағынан кеден одағына мүше мемлекеттің аумағына әкетілген, сондай-ақ Қазақстан Республикасының аумағына кеден одағына мүше мемлекеттің аумағынан әкелінген алыс-беріс шикізатын Қазақстан Республикасының салық заңнамасында белгіленген өңдеу мерзімдерін бұзу -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға есептелген салық сомасының елу пайызы мөлшерінде айыппұл салуға әкеп соғады.
      5. Көрме-жәрмеңкелік сауданы ұйымдастырушының осындай сауданы өткізу туралы хабарламауы не уақтылы хабарламауы -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – екі жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Ұйымдастырушының көрме-жәрмеңкелiк сауданы ұйымдастыру тәртібін бұзуы –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – екі жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Алып тасталды - ҚР 2012.01.09 N 535-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.
      8. Қазақстан Республикасының заңнамасына сәйкес кеден одағына мүше мемлекеттің аумағынан әкелінген акцизделетін тауарларды алған күні туралы хабарлама табыс етуге міндетті тұлғалардың орналасқан (тұрғылықты) жері бойынша салық органдарына осындай хабарламаны табыс етпеуі –
      жеке тұлғаларға – бір жүз, дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы баптың бірінші және екінші бөліктерінің мақсаты үшін, егер тұлға кеден одағына мүше мемлекеттердің аумағынан Қазақстан Республикасының аумағына импортталған тауарларды есепке қабылдамағаны үшін осы Кодекстің 207-бабында көзделген әкімшілік жауапқа тартылуы тиіс болған жағдайда, осы тұлға осы баптың бірінші және екінші бөліктерінде көзделген әкімшілік жауаптылыққа тартылмайды.
      Ескерту. 16-тарау 218-1-тармақпен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен, өзгеріс енгізілді - ҚР 2012.01.09 N 535-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

       219-бап. Салық органдарының және олардың лауазымды
                 адамдарының заңды талаптарын орындамау

      Ескерту. Тақырып жаңа редакцияда - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      1. Салық төлеушiнiң салық органдарының және олардың лауазымды адамдарының заңды талаптарын орындамауы –
      жеке тұлғаларға – сегіз, лауазымды адамдарға он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсіздік), -
      жеке тұлғаларға - он бec, лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Салық төлеушi кәсiпкерлiк қызмет үшiн пайдаланатын аумаққа немесе үй-жайға (тұрғын үй-жайдан басқа) салықтық тексеруді жүргiзетін салық органының лауазымды адамын жіберуге заңсыз кедергi келтiру –
      дара кәсiпкерлерге және лауазымды адамдарға қырық бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсіздік), -
      лауазымды адамдарға және жеке кәсiпкерлерге алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 219-бапқа өзгерістер енгізілді - ҚР 2006.01.20. N 123 (01.01.2006 бастап  қолданысқа енгізілді), 2006.12.11. N 201 (01.01.2007 бастап қолданысқа енгізілді), 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

16-1-тарау. Энергия үнемдеу және энергия тиімділігін арттыру
саласындағы әкімшілік құқық бұзушылықтар

      Ескерту. 16-1-тараумен толықтырылды - ҚР 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі) Заңымен.

      219-1-бап. Электр желілерінде қуат коэффициентінің
                нормативтік мәндерін сақтамау және энергия
                тұтыну нормативтерінен асып түсу

      1. Электр желілерінде қуат коэффициентінің нормативтік мәндерін сақтамау, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – он, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Энергия тұтыну нормативтерінен асып түсу, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға - құқық бұзушылық болған, бірақ бір жылдан аспайтын кезеңде бекітілген нормативтерден тыс пайдаланылған энергетикалық ресурстар құнынан бес пайыз мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – он бес пайыз мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын жеке кәсіпкерлер мен заңды тұлғаларға – құқық бұзушылық болған, бірақ бір жылдан аспайтын кезеңде бекітілген нормативтерден тыс пайдаланылған энергетикалық ресурстар құнынан он пайыз мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыз пайыз мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      Энергетикалық ресурстардың құны құқық бұзушылық анықталған сәттегі нарықтық баға негізінде айқындалады.

      219-2-бап. Ақаулы жабдықты, арматураны, құбырларды жылу
                оқшаулаусыз пайдалану немесе энергия тұтынатын
                жабдықтың жұмыс режимін бұзу

      1. Энергетикалық ресурстарды өндіру және беру кезінде, сондай-ақ суды беру кезінде олардың тікелей ысырабына әкелген ақаулы жабдықты, арматураны, құбырларды жылу оқшаулаусыз пайдалану немесе энергия тұтыну жабдығының жұмыс режимін бұзу, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      219-3-бап. Энергетикалық ресурстарды есепке алудың тиісті
                  аспаптарымен және жылу тұтынуды реттеудің
                  автоматтандырылған жүйелерімен
                  жарақтандырылмаған энергетикалық ресурстарды
                  тұтынатын жаңа объектілерді пайдалануға
                  қабылдау

      1. Энергетикалық ресурстарды есепке алудың тиісті аспаптарымен және жылу тұтынуды реттеудің автоматтандырылған жүйелерімен жарақтандырылмаған энергетикалық ресурстарды тұтынатын жаңа объектілерді пайдалануға қабылдау, –
      объектіні пайдалануға беру туралы актіге қол қойған лауазымды тұлғаларға – жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      объектіні пайдалануға беру туралы актіге қол қойған лауазымды тұлғаларға – елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      1. Лауазымды тұлғалар деп осы бапта мемлекеттік қабылдау комиссиясының және (немесе) қабылдау комиссиясының төрағасы мен мүшелерін түсіну қажет.
      2. Лауазымды тұлғалар жылу тұтынуды реттеудің автоматтандырылған жүйелерімен жарақтандырылмаған және жылу энергиясын сағатына орта есеппен 50 кВт-тан аз тұтынатын (жылу энергиясы, жылыту, желдету, кондиционерлеу және ыстық сумен қамтамасыз ету шығыстарын қоса алғанда) жаңа объектілерді пайдалануға беру жағдайларында осы баптың бірінші және екінші бөліктерінде көзделген құқық бұзушылықтар үшін жауапты болмайды.
      Ескерту. 16-1-тарау 219-3-баппен толықтырылды - ҚР 2012.01.13 № 542-IV (2013.01.01 бастап қолданысқа енгiзiледі) Заңымен.

      219-4-бап. Мемлекеттік энергетикалық тізілім
                  субъектілерінің энергетикалық ресурстардың және
                  судың тұтыну көлемін өнімнің, үйлердің,
                  құрылыстар мен ғимараттардың алаңы бірлігіне
                  энергия аудиті қорытындылары бойынша
                  белгіленген шамаға дейін міндетті түрде жыл
                  сайын төмендету туралы талапты бұзуы

      1. Мемлекеттік энергетикалық тізілім субъектілерінің энергия аудитінен өткеннен кейін бес жылдың ішінде энергетикалық ресурстардың және судың тұтыну көлемін өнімнің, үйлердің, құрылыстар мен ғимараттардың алаңы бірлігіне энергия аудиті қорытындылары бойынша белгіленген шамаға дейін міндетті түрде жыл сайын төмендету туралы талапты бұзуы, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      219-5-бап. Мемлекеттік энергетикалық тізілім
                  субъектілерінің міндетті энергия аудитінен
                  өтуден жалтаруы не оны жүргізуге кедергі
                  келтіруі

      1. Мемлекеттік энергетикалық тізілім субъектілерінің міндетті энергия аудитінен өтуден жалтаруы не оны жүргізуге кедергі келтіруі, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – он, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын жеке кәсіпкерлер мен заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      РҚАО-ның ескертпесі!
      219-6-баптың қолданысқа енгізілу тәртібін 2-б. қараңыз.
      219-6-бап. Электр қыздыру шамдарын заңсыз сату және өндіру

      Жарық беру мақсатында ауыспалы ток тізбектерінде пайдаланылуы мүмкін қуаты 25 Вт және одан да жоғары электр қыздыру шамдарын өндіру және сату, –
      жарық беру мақсатында ауыспалы ток тізбектерінде пайдаланылуы мүмкін қуаты 25 Вт және одан да жоғары электр қыздыру шамдарын тәркілей отырып, жеке тұлғаларға – он, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      219-7-бап. Мемлекеттік энергетикалық тізілім
                  субъектілерінің энергия менеджменті жүйесін
                  жасау, енгізу және жұмысын ұйымдастыру
                  жөніндегі міндеттерді орындамауы

      1. Энергетикалық ресурстарды жылына бір мың бес жүз және одан көп тонна шартты отын көлемінде тұтынатын Мемлекеттік энергетикалық тізілім субъектілерінің энергия менеджменті бойынша халықаралық стандарттың талаптарына сәйкес энергия менеджменті жүйесін жасау, енгізу және жұмысын ұйымдастыру жөніндегі міндеттерді орындамауы, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 16-1-тарау 219-7-баппен толықтырлды - ҚР 2012.01.13 № 542-IV Заңымен (2014.01.01 бастап қолданысқа енгiзiледі).

      219-8-бап. Қазақстан Республикасының энергия үнемдеу және
                энергия тиімділігін арттыру туралы заңнамасында
                белгіленген энергия аудитін жүргізу тәртібін,
                энергия үнемдеу және энергия тиімділігі
                сараптамасын жүргізу тәртібін сақтамау

      1. Қазақстан Республикасының энергия үнемдеу және энергия тиімділігін арттыру туралы заңнамасында белгіленген энергия аудитін жүргізу тәртібін, энергия үнемдеу және энергия тиімділігі сараптамасын жүргізу тәртібін сақтамау, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – аккредиттеу туралы куәлігінің қолданылуын тоқтата отырып, екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолдану мерзімі аяқталғаннан кейін бір жыл ішінде қайталап жасалған әрекет, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – алпыс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – аккредиттеу туралы куәлігінен айыра отырып, үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      219-9-бап. Кеден одағының техникалық регламентіне сәйкес
                техникалық құжаттамада және заттаңбаларда
                энергия тиімділігінің сыныбы мен сипаттамасы
                туралы ақпарат қамтылмаған электр энергиясын
                тұтынатын құрылғыларды өндіру және (немесе)
                өткізу

      1. Кеден одағының техникалық регламентіне сәйкес техникалық құжаттамада және заттаңбаларда энергия тиімділігінің сыныбы мен сипаттамасы туралы ақпарат қамтылмаған электр энергиясын тұтынатын құрылғыларды өндіру және (немесе) өткізу, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – алты, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – он екі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

      219-10-бап. Қазақстан Республикасының энергия үнемдеу және
                 энергия тиімділігін арттыру туралы
                 заңнамасының талаптарын бұзуды жою туралы
                 энергия үнемдеу және энергия тиімділігін
                 арттыру саласындағы уәкілетті органның
                 нұсқамаларын орындамау немесе толық
                 көлемде орындамау

      1. Қазақстан Республикасының энергия үнемдеу және энергия тиімділігін арттыру туралы заңнамасының талаптарын бұзуды жою туралы энергия үнемдеу және энергия тиімділігін арттыру саласындағы уәкілетті органның нұсқамаларын орындамау немесе толық көлемде орындамау, –
      жеке тұлғаларға – он, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      жеке тұлғаларға – жиырма, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.

  17-тарау. ӨНЕРКӘСIП, ЖЫЛУ, ЭЛЕКТР ЖӘНЕ АТОМ ЭНЕРГИЯСЫН ПАЙДАЛАНУ
САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      Ескерту. 17-тараудың тақырыбына өзгеріс енгізілді  - 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңымен.

      220-бап. Жарылғыш материалдарды, радиоактивтi және өзге
               де экологиялық жағынан қауiптi заттарды
               пайдалану ережелерiн бұзу

      1. Осы Кодекстің 317-1-бабында көзделген жағдайларды қоспағанда, жарылғыш материалдардыпиротехникалық заттарды, радиоактивтi, бактериологиялық, химиялық және қадағалау органдарының бақылауындағы өнеркәсiп салалары мен объектiлердегi өзге де экологиялық қауiптi заттар мен қалдықтарды өндiру, сақтау, көму, жою, пайдалану, кәдеге асыру, тасымалдау немесе өзгедей айналысу ережелерiн бұзу, қылмыс белгілері болмаған кезде, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiстен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы Кодекстің 317-1-бабында көзделген жағдайларды қоспағанда, ядролық материалдарды, радиоактивті заттарды, арнаулы ядролық емес материалдарды және ядролық қызметке қатысы бар қосарлы мақсаттағы бұйымдарды өндiрудiң, сақтаудың, көмудiң, пайдаланудың, кәдеге асырудың, тасымалдаудың немесе өзге де айналысудың белгiленген ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 220-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

      221-бап. Жұмыстарды қауiпсiз жүргiзу жөнiндегi
                қағидаларды бұзу

      1. Өнеркәсiп, тау-кен және құрылыс жұмыстары салаларында не өнеркәсіптік қауіпсіздік саласындағы уәкiлеттi органның және басқа да мемлекеттiк бақылау және қадағалау органдарының бақылауындағы объектiлерде жұмыстарды қауiпсiз жүргiзу жөнiндегі белгiленген қағидаларды бұзу, егер бұл абайсызда адам денсаулығына ауыр немесе ауырлығы орташа зиян келтiруге әкеп соқпаса, –
      жеке тұлғаларға – он, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) -
      жеке тұлғаларға – жиырма, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 221-бап жаңа редакцияда - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      221-1-бап. Өнеркәсiптiк қауiпсiздiк және бөгеттердің
                  қауіпсіздігі саласындағы аттестатталатын
                  жұмыс түрлерін жүргiзу кезінде Қазақстан
                  Республикасының заңнамасын бұзу

      1. Өнеркәсіптік қауіпсіздік талаптарына сәйкестiгi (сәйкес еместігі) туралы толық емес және (немесе) анық емес ақпаратты қамтитын сараптама қорытындыларын беру, өнеркәсіптік қауіпсіздік декларациясын әзірлеу, қауiптi өндiрiстiк объектiлердiң мамандарын, қызметкерлерін даярлаудың, қайта даярлаудың өнеркәсіптік қауіпсіздік талаптарына сәйкес келмеуі немесе Қазақстан Республикасының су заңнамасында белгіленген талаптарға сәйкестiгi (сәйкес еместігі) туралы толық емес және (немесе) анық емес ақпаратты қамтитын сараптама қорытындыларын беру, бөгеттердің қауіпсіздігі декларациясын әзірлеу –
      аттестатталған ұйымға айлық есептік көрсеткіштің елуден бір жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік), сондай-ақ өнеркәсіптік қауіпсіздік саласындағы жұмыстарды жүргізу құқығына арналған аттестатта көрсетілген, орындалатын жұмыстар бейінінің сәйкес келмеуі -
      аттестаттан айыра отырып, аттестатталған ұйымға айлық есептік көрсеткіштің бір жүз елуден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 17-тарау 221-1-баппен толықтырылды - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       222-бап. Ядролық, радиациялық және техникалық
                 қауiпсiздiктiң  белгiленген нормалары мен
                 ережелерiн бұзу

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңымен.

      1. Ядролық материалдармен, радиоактивті заттармен, иондаушы сәулелену көздерімен айналысу кезінде ядролық, радиациялық және техникалық қауiпсiздiктiң белгiленген нормалары мен ережелерiн бұзу; атом энергиясын пайдалану объектiлерiн орналастыру, осы объект жобасында көзделген барлық құрылыстарды iске қоспай тұрып атом энергиясын пайдалану объектiсiн iске қосуға қабылдаудың талаптарын сақтамау; атом энергиясын пайдалану жабдықтары мен объектiлерiн жеткiзу, монтаждау, сынақтан өткiзу, iске қосудың, сондай-ақ пайдаланудан алудың белгiленген талаптарын бұзу, егер бұл әрекеттер адам өлiмiне немесе қоршаған ортаны радиоактивтiк зақымдауға әкеп соқтырмаса, -
      атом энергиясын пайдалану саласындағы қызметтiң белгiлi бiр түрiне берiлген лицензиядан, арнайы рұқсаттан айыра отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Арнайы рұқсатсыз, лицензиясыз атом энергиясын пайдалану объектiлерiнде жұмыстар жүргiзу, сондай-ақ ядролық материалдармен, радиоактивті заттармен және иондаушы сәулелену көздерімен айналысу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      атом энергиясын пайдалану саласындағы қызметтiң белгiлi бiр түрiне берiлген лицензиядан, арнайы рұқсаттан айыра отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыздан жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 222-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

       223-бап. Электр станциялары мен желілерін техникалық
                пайдаланудың, электр станциялары мен жылу
                желілерінің жылу-механикалық жабдықтарын
                пайдалану кезінде қауіпсіздік техникасының,
                тұтынушылардың электр қондырғыларын техникалық
                пайдаланудың бекітілген қағидаларын бұзу,
                сондай-ақ энергия тұтынудың белгіленген
                режімдерін бұзу

      Авария, қоршаған ортаның ластануы, өрт қатерін тудыратын немесе қызмет көрсетушi адамның өмiрiне қауiптi жай-күйге әкеп соқтыратын электр станциялары мен желілерін техникалық пайдаланудың, электр станциялары мен жылу желілерінің жылу-механикалық жабдықтарын пайдалану кезінде қауіпсіздік техникасының, тұтынушылардың электр қондырғыларын техникалық пайдаланудың бекітілген қағидаларын бұзу, сондай-ақ басқа да энергия тұтынушыларды шектеуге және (немесе) одан ажыратуға әкеп соқтырған энергия тұтынудың белгiленген режімдерiн бұзу, -
      жеке адамдарға – он бес, лауазымды адамдарға – жиырма бес, дара кәсiпкерлерге – жетпіс бес, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 223-бап жаңа редакцияда - ҚР 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      223-1-бап. Әзірлік паспортын алу мерзімін бұзу

      1. Энергия өндіруші, энергия беруші ұйымдардың күзгі-қысқы жағдайларда жұмыс істеуі үшін әзірлік паспортын алу мерзімін бұзуы, -
      дара кәсiпкерлерге – елу, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүз елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, -
      дара кәсiпкерлерге – жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – екі жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 17-тарау 223-1-баппен толықтырылды - ҚР 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       224-бап. Электр желiлерiн бүлдiру

      1. Кернеуі 1000 вольтқа дейінгі электр желiлерiн (әуе электр беру желiлерiн, жерасты және суасты кәбіл желiлерiн, трансформаторлық және өзгертушi қосалқы станцияларды, бөлiп таратқыш құрылғылар мен ауыстырып қосқыш пункттерді) бүлдiру -
      жеке тұлғаларға – сегіз, лауазымды адамдарға – он бес, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жиырма бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Кернеуі 1000 вольттан асатын электр желiлерiн (әуе электр беру желiлерiн, жерасты және суасты кәбіл желiлерiн, трансформаторлық және өзгертушi қосалқы станцияларды, бөлiп таратқыш құрылғылар мен ауыстырып қосқыш пункттерді) бүлдiру -
      жеке тұлғаларға – он бес, лауазымды адамдарға – жиырма бес, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпіс бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, тұтынушыларды электр энергиясымен қамтамасыз етуде iркілiс туғызған және залал келтiрген, сол сияқты бір жыл ішінде қайталап жасалған іс-әрекет -
      жеке тұлғаларға – он бес, лауазымды адамдарға – отыз, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жетпіс бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың екінші бөлігінде көзделген, тұтынушыларды электр энергиясымен қамтамасыз етуде iркілiс туғызған және залал келтiрген, сол сияқты бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға – отыз, лауазымды адамдарға – қырық, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 224-бап жаңа редакцияда - ҚР 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      224-1-бап. Қазақстан Республикасының жаңартылатын энергия
                  көздерін пайдалануды қолдау саласындағы
                  заңнамасын бұзу

      1. Қазақстан Республикасының жаңартылатын энергия көздерiн пайдалануды қолдау туралы заңнамалық актісінде белгiленген, жаңартылатын энергия көздерін пайдаланатын энергия өндiрушi ұйымдар өндiретiн электр, жылу энергиясын сатып алу мiндетiн орындамау және (немесе) тиiсiнше орындамау –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі жүз айлық есептік көрсеткіш мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бір мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Жаңартылатын энергия көздерін пайдалану объектілерін электр немесе жылу желілеріне қосудың ең жақын нүктесін анықтаудың және оларды қосудың тәртібі мен мерзімін бұзу түрінде жасалған Қазақстан Республикасының жаңартылатын энергия көздерін пайдалануды қолдау саласындағы заңнамасын бұзу, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі жүз айлық есептік көрсеткіш мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бір мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік шара қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз елу айлық есептік көрсеткіш мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. Кодекс 224-1-баппен толықтырылды - ҚР 2009.07.04. N 166-IV Заңымен; 04.07.2013 № 128-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       225-бап. Жылу желiлерiн бүлдiру

      Жылу желiлерiн (құбырлар мен олардың конструкцияларын, арналарды, жылу камераларын, сорап станцияларын) бүлдiру, егер бұл әрекет адамдардың денсаулығына және қоршаған ортаға зиян келтiрудiң нақты қатерiне соқтырмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң екiден онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 225-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       225-1-бап. Электр мен жылу желiлерi жолдарының, газбен
                   жабдықтау жүйелері объектілерінің күзет
                   аймақтарында жұмыстар жүргiзу

      Қарамағында электр немесе жылу желiлерi не газбен жабдықтау жүйелерінің объектілері бар ұйымдардың келiсiмiнсiз, электр мен жылу желiлерi жолдарының, газбен жабдықтау жүйелері объектілерінің күзет аймақтарында құрылыс, монтаж, жер қазу, тиеу-түсiру жұмыстарын, ұңғымалар мен шурфтардың құрылысына байланысты iздестiру жұмыстарын жүргiзу, алаңдарды, автомобиль көлiгi тұрақтарын жайластыру, базарларды орналастыру, материалдарды қоймаға жинау, қоршаулар мен дуалдар соғу, күйдiргiш коррозиялы заттар мен жанар-жағармай материалдарын шығарып тастау мен төгу, –
      жеке тұлғаларға – айлық есептiк көрсеткiштiң екiден онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 225-1-баппен толықтырылды - ҚР 2003.12.05 N 506 Заңымен,  өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2012.01.09 N 533-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      226-бап. Газ пайдалану жөніндегі талаптарды, газбен
                жабдықтау жүйелері объектілерін пайдаланудың
                қауіпсіздігін бұзу

      1. Тұтынушылардың газ және газбен жабдықтау туралы Қазақстан Республикасының заңнамасында белгіленген тұрмыстық және коммуналдық-тұрмыстық газ тұтыну жүйелерін және газ жабдықтарын пайдалану қауіпсіздігі жөніндегі талаптарды бұзуы, –
      жеке тұлғаларға – айлық есептiк көрсеткiштiң бестен жетіге дейiнгi, дара кәсiпкерлерге, заңды тұлғаларға он бестен жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер, –
      жеке тұлғаларға – айлық есептiк көрсеткiштiң жетіден онға дейiнгi, дара кәсiпкерлерге, заңды тұлғаларға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Газ тұтыну жүйесіне тауарлық немесе сұйытылған мұнай газын беруді өз бетінше қайта қосу –
      жеке тұлғаларға – он, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Тұтынушылардың газ және газбен жабдықтау туралы Қазақстан Республикасының заңнамасында белгіленген тұрмыстық және коммуналдық-тұрмыстық газ тұтыну жүйелерін және газ жабдықтарын пайдалануды қоспағанда, газбен жабдықтау жүйесі объектілерін пайдалану қауіпсіздігі жөніндегі талаптарды бұзуы, –
      дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға, – елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Осы баптың төртiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер, –
      дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 226-бап жаңа редакцияда - ҚР 2012.01.09 N 533-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      227-бап. Газ пайдалану қондырғыларын газдың жұмсалуын
               есепке алмай пайдалану

      Ескерту. 227-бап алып тасталды - ҚР 2012.01.09 N 533-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      228-бап. Резервтiк отын шаруашылығының дайындығын
               қамтамасыз етуге шаралар қолданбау

      Өнеркәсіптік және (немесе) коммуналдық-тұрмыстық тұтынушылар үшiн көзделген резервтiк отын шаруашылығының жұмысқа дайындығын қамтамасыз ету шараларын қолданбау немесе өнеркәсіптік және (немесе) коммуналдық-тұрмыстық тұтынушылардың газ тұтыну жүйелерін резервке қойылған отын түрлерiмен жұмыс iстеуге дайын болмауы, -
      ескерту жасауға немесе лауазымды адамдарға айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 228-бапқа өзгеріс енгізілді - ҚР 2012.01.09 N 533-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      229-бап. Мұнай-газ құбырлары мен олардың жабдықтарын
                 зақымдау

      1. Қылмыстық жаза қолданылатын әрекет белгілері жоқ, мұнай-газ құбырлары мен олардың жабдықтарын зақымдау немесе аспаптарды заңсыз орнату, ауыстыру, желіге қосу, сондай-ақ оларды пайдалану ережелерін аварияға себеп болуы мүмкін өзге де бұзушылықтар, -
      жеке тұлғаларға - айлық есептік көрсеткіштің оннан он беске дейінгі мөлшерінде, лауазымды адамдарға жиырмадан отызға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, -
      жеке тұлғаларға - айлық есептік көрсеткіштің он бестен жиырма беске дейінгі мөлшерінде, лауазымды адамдарға отыздан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 229-бап жаңа редакцияда - ҚР 2010.10.06 N 343-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      230-бап. Құрылыс және жөндеу жұмыстарын жүргiзу
               кезiнде аумақтарды бүлдiру

      Тиiстi рұқсатсыз аулаларды, көшелер мен алаңдарды қазу, оларға құрылыс материалдарын үйiп тастау, қазылған жердi, сондай-ақ құрылыс алаңдарын құрылыс пен жөндеу аяқталғаннан кейiн тәртiпке келтiруге шаралар қолданбау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырма беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 230-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

17-1-тарау. Ғарыш қызметі саласындағы әкімшілік құқық бұзушылықтар

      Ескерту. Кодекс 17-1-тараумен толықтырылды - ҚР 2012.01.06 N 529-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі) Заңымен.

      230-1-бап. Қазақстан Республикасының ғарыш қызметі
                  саласындағы заңнамасын бұзу

      1. Қазақстан Республикасының ғарыш қызметі саласындағы заңнамасын:
      1) ғарыш қызметі саласындағы салалық сараптаманың оң қорытындысы жоқ ғарыш қызметі саласындағы жобаны іске асыру;
      2) Қазақстан Республикасы Үкіметінің ғарыш объектісін ұшыру туралы оң шешімінсіз ғарыш объектісін Қазақстан Республикасының аумағынан ұшыру, сондай-ақ оны ғарыш қызметіне қазақстандық қатысушы жүзеге асырған жағдайда, одан тыс жерде ұшыру;
      3) ғарыш объектісін мемлекеттік тіркеуден жалтару түрінде жасалған бұзу –
      ғарыш кеңістігін пайдалану аясындағы қызметті жүзеге асыру құқығына арналған лицензияның қолданылуын алты айға тоқтата тұрып немесе онсыз, жеке тұлғаларға айлық есептік көрсеткіштің отыздан елуге дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге – елуден жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүзден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүзден бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) –
      лицензиядан айыруға әкеп соғады.

      230-2-бап. Ғарыш қызметін жүзеге асыру кезінде қауіпсіздік
                  қағидаларын бұзу

      1. Ғарыш қызметін жүзеге асыру кезінде қауіпсіздік қағидаларын бұзу, егер бұл іс-әрекетте қылмыстық жаза қолданылатын әрекет белгілері болмаса,
      - ғарыш кеңістігін пайдалану аясындағы қызметті жүзеге асыру құқығына арналған лицензияның қолданылуын алты айға тоқтата тұрып немесе онсыз, жеке тұлғаларға айлық есептік көрсеткіштің оннан отызға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыздан елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елуден жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген әкімшілік жауаптылыққа тартуға әкеп соққан бұзушылықтарды ғарыш кеңістігін пайдалану аясындағы қызметті жүзеге асыру құқығына арналған лицензияның қолданылуын тоқтата тұру мерзімі аяқталғаннан кейін жоймау -
      лицензиядан айыруға әкеп соғады.

  18-тарау. СӘУЛЕТ-ҚҰРЫЛЫС ҚЫЗМЕТI САЛАСЫНДАҒЫ ӘКIМШIЛIК
ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      231-бап. Сәулет-құрылыс қызметi саласында заңнама мен
                мемлекеттiк нормативтердiң талаптарын бұза
                отырып, жобалау алдындағы, iздестiру, жобалау,
                құрылыс-монтаж жұмыстарын орындау, құрылыс
                материалдарын, бөлшектерi мен құрастырмаларын
                шығару мен қолдану

       1. Сәулет-құрылыс қызметi саласында заңнама талаптарын бұза отырып, жобалау алдындағы, iздестiру, жобалау, құрылыс-монтаж жұмыстарын орындау, құрылыс материалдарын, бөлшектерi мен құрастырмаларын шығару, қолдану, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден үш жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер –
      қызметтiң тиiстi түрiне берiлген лицензиядан айыра отырып, лауазымды адамдарға, дара кәсiпкерлерге – айлық есептiк көрсеткiштiң елуден жетпiске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – үш жүзден төрт жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетi жүзден тоғыз жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 231-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді) Заңымен; өзгеріс енгізілді - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      232-бап. Құрылыс-монтаж және жөндеу-қалпына келтiру
               жұмыстарын жүргiзу кезiнде бекiтiлген құрылыс
               нормаларының және жобалау құжаттарының
               талаптарын бұзу

      1. Құрылыс-монтаж және жөндеу-қалпына келтiру жұмыстарын жүргiзу кезiнде ғимараттардың, құрылыстардың, олардың бөлiктерiнiң немесе жекелеген құрастырмалы элементтерiнiң пайдаланылу сапасын нашарлатуға, берiктiгiн, орнықтылығын төмендетуге әкеп соқтыратын бекiтiлген құрылыс нормаларының және жобалау құжаттарының талаптарын бұзу, -
      лицензияның қолданылуын тоқтата тұрып не онсыз, лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң он бестен жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден үш жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ғимараттардың, құрылыстардың, олардың бөлiктерiнiң немесе жекелеген конструкциялық элементтерiнiң берiктiгiн, орнықтылығын жоғалтуға әкеп соқтырған, осы баптың бiрiншi бөлiгiнде көрсетiлген iс-әрекеттердi жасау –
      қызметтiң тиiстi түрiне берiлген лицензиядан айыра отырып, лауазымды адамдарға, дара кәсiпкерлерге – айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – үш жүзден төрт жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден сегiз жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 232-бапқа өзгерістер енгізілді - ҚР 2006.01.20. N 123 (01.01.2006 бастап  қолданысқа енгізілді), 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      233-бап. Белгiленген тәртiппен бекiтiлген жобалау
               құжаттамасынсыз объектiлердi тұрғызу және қайта
               жаңғырту кезiнде құрылыс, құрылыс-монтаж,
               жөндеу-қалпына келтiру жұмыстарын жүргiзу

      1. Белгiленген тәртiппен бекiтiлген жобалау құжаттамасынсыз объектiлердi тұрғызу және қайта жаңғырту кезiнде құрылыс, құрылыс-монтаж, жөндеу-қалпына келтiру жұмыстарын жүргiзу, -
      жүргiзiлiп жатқан жұмыстарын тоқтата тұрып, лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден үш жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      лицензиядан айыра отырып және жүргiзiлiп жатқан жұмыстарды тоқтата тұрып, лауазымды адамдарға, дара кәсiпкерлерге – айлық есептiк көрсеткiштiң он бестен жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – үш жүзден төрт жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден алты жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 233-бап жаңа редакцияда - ҚР 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді), өзгерістер енгізілді - 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       234-бап. Объектiлердi тұрғызу және қайта жаңғырту,
               құрылыс материалдарын, бұйымдар мен
               құрастырмалар дайындау бойынша құрылыс-монтаж,
               жөндеу-қалпына келтiру жұмыстарын жүргiзу
               кезiнде нормативтiк құжаттармен көзделген
               атқарушы техникалық құжаттамаларды ресiмдеу
               ережелерiн бұзу

      Объектiлердi тұрғызу және қайта жаңғырту, құрылыс материалдарын, бұйымдар мен құрастырмалар дайындау бойынша құрылыс-монтаж, жөндеу-қалпына келтiру жұмыстарын жүргiзу кезiнде нормативтiк құжаттармен көзделген атқарушы техникалық құжаттамаларды ресiмдеу ережелерiн бұзу, -
      ескерту жасауға немесе лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң бестен жетiге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 234-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      234-1-бап. Магистралдық құбыр жолдарын салу, пайдалану
                  немесе жөндеу кезiнде қауiпсiздiк ережелерiн
                  бұзу

      Магистралдық құбыр жолдарын салу, пайдалану немесе жөндеу кезiнде қауiпсіздiк ережелерiн бұзу, егер бұл әрекет абайсызда адамның денсаулығына орташа ауырлықтағы зиян келтiруге әкеп соқса, –
      айлық есептiк көрсеткiштiң үш жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 18-тарау 234-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      235-бап. Объектілерді және олардың кешендерін жобалау
                (жобалау-сметалық) құжаттамасынсыз не
                белгiленген тәртiппен сараптамадан өткiзiлмеген
                жобалау (жобалау-сметалық) құжаттамасы бойынша
                салу (реконструкциялау, қалпына келтіру,
                кеңейту, техникалық қайта жарақтандыру,
                жаңғырту, күрделi жөндеу)

      1. Объектілерді және олардың кешендерін жобалау (жобалау-сметалық) құжаттамасынсыз не сараптама жүргізу талап етілетін, белгiленген тәртiппен сараптамадан өткiзiлмеген жобалау (жобалау-сметалық) құжаттамасы бойынша салу (реконструкциялау, қалпына келтіру, кеңейту, техникалық қайта жарақтандыру, жаңғырту, күрделi жөндеу) –
      жеке тұлғаларға – алпыс, лауазымды адамдарға, дара кәсiпкерлерге – сексен, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз тоқсан, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз сексен айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, сол сияқты осы баптың бірінші бөлігінде көзделген, әкімшілік жауаптылыққа тартуға әкеп соққан бұзушылықты жоймау –
      жұмыстарды тоқтата тұрып, жеке тұлғаларға – жүз, лауазымды адамдарға, дара кәсiпкерлерге – жүз елу, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - үш жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 235-бап жаңа редакцияда - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      235-1-бап. Сараптамалық жұмыстарды және инжинирингтiк
                  қызметтер көрсетудi жүзеге асырған кезде
                  Қазақстан Республикасының заңнамасын бұзу

      1. Орындалған (орындалатын) құрылыс-монтаждау жұмыстарының бекітілген жобалық шешімдерге сәйкес келмеуі –
      жеке тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Тұрғызылып жатқан не тұрғызылған объектілердің орнықтылығын, сенімділігі мен беріктігін қамтамасыз етпейтін жобалау (жобалау-сметалық) құжаттамасына сараптаманың (сараптамалық бағалаудың) оң қорытындысын беру –
      жеке тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Орындалған жұмыстардың сапасын, мерзімін, қабылдануын және объектінің пайдалануға берілуін қоса алғанда, жобаны іске асыру сатысында бұзушылықтарға жол беру –
      жеке тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік) –
      сараптамалық жұмыстарды және инжинирингтік қызметтер көрсетуді жүзеге асыру құқығына берілген сарапшы аттестатынан айыра отырып, жеке тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 18-тарау 235-1-баппен толықтырылды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      236-бап. Объектiлер мен кешендердi пайдалануға берудiң
               белгiленген тәртiбiн бұзу

      Сәулет-құрылыс қызметi саласындағы мемлекеттiк нормативтер талаптарын бұза отырып, объектiлер мен кешендердi пайдалануға берудiң белгiленген тәртiбiн бұзу, -
      лауазымды адамдарға - мемлекеттiк қабылдау комиссиясының мүшелерiне, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 236-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      237-бап. Заңсыз құрылыс

      Өндiрiстiк, тұрғын, шаруашылық, гидротехникалық (су шаруашылығы) немесе тұрмыстық объектiлердi жерге тиісті құқықсыз заңсыз салу –
      заңсыз тұрғызылған немесе тұрғызылып жатқан құрылысты мәжбүрлеп бұза отырып не онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 237-бап жаңа редакцияда - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      237-1-бап. Қазақстан Республикасының тұрғын үй құрылысына
                   үлестік қатысу туралы заңнамалық актісінің
                   талаптарын бұзу

      1. Құрылыс салушының, жобалау компаниясының Қазақстан Республикасының тұрғын үй құрылысына үлестік қатысу туралы заңнамалық актісінің құрылыс салушы, жобалау компаниясы туралы және құрылыс объектісі туралы ақпараттың мазмұнына қоятын талаптарын, сондай-ақ оны тарату тәртібін бұзуы не құрылыс салушының, жобалау компаниясының дәл емес, толық емес немесе жаңылыстыратын ақпаратты таратуы -
      заңды тұлғаларға айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Облыстың (республикалық маңызы бар қаланың, астананың) жергілікті атқарушы органына құрылыс салушының, жобалау компаниясының Қазақстан Республикасының заңдарында көзделген мәліметтер мен есептілікті табыс етпеуі не олардың дәйексіз мәліметтер мен есептілікті табыс етуі -
      заңды тұлғаларға айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, құрылыс салушы әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған іс-әрекеттер (әрекетсіздік) -
      заңды тұлғаларға айлық есептік көрсеткіштің үш жүз елуден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші және екінші бөліктерінде көзделген, жобалау компаниясы әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған іс-әрекеттер (әрекетсіздік), сол сияқты осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жауапкершілікке тартуға әкеп соққан бұзушылықтарды жоймау -
      үлескерлердің ақшасын тарту есебінен тұрғын жайлар құрылысын ұйымдастыру жөніндегі қызметке лицензияның қолданылуын үш айға дейінгі мерзімге тоқтата тұруға әкеп соғады.
      Ескерту. 237-1-бап жаңа редакцияда - ҚР 2009.07.11. N 183-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      237-2-бап. Құрылысты техникалық және авторлық
                  қадағалауларды қатар жүргізбей жүзеге асыру

      Құрылысты техникалық және авторлық қадағалауларды қатар жүргізбей жүзеге асыру –
      жеке тұлғаларға – жиырма, лауазымды адамдарға, дара кәсiпкерлерге – сексен, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 18-тарау 237-2-баппен толықтырылды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      238-бап. Тұрғын үй-жайларды заңсыз қайта жабдықтау
               және қайта жоспарлау

       1. Тұрғын үйдегi адам тұратын және тұрмайтын үй-жайларды сәулет-құрылыс жобасынсыз, сәулет және қала құрылысы жөнiндегi уәкiлеттi органның рұқсатынсыз заңсыз қайта жабдықтау және қайта жоспарлау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ғимарат берiктiгiнiң және орнықтылығының толық жойылуына (қирауына) әкеп соқтырған немесе әкеп соқтыруы мүмкiн нақ сол iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      Ескертулер. 1. Ғимараттардың, құрылғылардың, құрылыстардың, олардың бөлiктерiнiң немесе жекелеген құрастырма элементтерi берiктiгiнiң, орнықтылығының, сенiмдiлiгiнiң кемiп кетуiне және жойылуына, тұрғызылатын объектiлердiң пайдалану сапасының нашарлауына, қоршаған ортаға керi әсер етуiне әкеп соғатын аумақтағы қала құрылысын салу кезiнде аумақты игеру, объектiлердi және кешендердi жобалау, салу, қайта жаңғырту, қалпына келтiру, жетiлдiру, күрделi жөндеу мен көркейту кезiнде техникалық регламенттерді қоспағанда, құрылыс нормалары мен ережелерінің, жобалардың, басқа да нормативтiк актiлердiң мiндеттi талаптарының сақталмауы, сондай-ақ объектiлер құрылысының және оларды пайдалануға қабылдаудың белгiленген ұйымдастыру-құқықтық тәртiбiн бұзатын iс-әрекеттер құрылыс саласындағы әкiмшiлiк құқық бұзушылық деп ұғынылады.
      2. Ғимараттың және құрылыстың материалдарының, құрастырмаларының, бұйымдарының, олардың түйiскен тораптарының, негiзгi топырақ қабатының есептiк мәндегi салмақтың түсуiне және әсерлерге бүлiнбей төтеп беру қабiлетi берiктiлiк деп ұғынылады.
      3. Ғимараттың, құрылыстың есептiк - әсерлер мен салмақтың түсу ықпалына орай орнықты тепе-теңдiк күйiн сақтап қалуы орнықтылық деп ұғынылады.
      4. Ғимараттың, құрылыстың, оның инженерлiк жүйелерiнiң, салмақ көтерушi және бөлектеушi құрастырмаларының нормаланатын көрсеткiштер мәндерiмен айқындалған мiндеттердi атқару қабiлетi сенiмдiлiк деп ұғынылады.
      5. Ғимараттар мен құрылыстар салуға, кеңейтуге, қайта жаңғыртуға, техникалық қайта жарақтандыруға, күрделi жөндеуге және жұмыстардың басқа да түрлерiне арналған жобалау алдындағы (құрылысқа инвестиция негiздемелерi, техникалық-экономикалық негiздемелер) және жобалау құжаттары (жоба, жұмыстық жоба және жобалардың басқа да түрлерi) бойынша жүргiзiлетiн жұмыстар жобалау жұмыстары деп ұғынылады.
      Ескерту. 238-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      239-бап. Белгiленген тәртiпте пайдалануға енгiзiлмеген
               объектiлер мен кешендердi пайдалану

      Құрылысы аяқталған, бiрақ белгiленген тәртiпте пайдалануға енгiзiлмеген объектiлердi, кешендердi немесе олардың жекелеген бөлiктерiн пайдалану (тұру, қызмет көрсету, кiрiстер алу мақсатында өнiмдер өндiру), -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 239-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      239-1. Қазақстан Республикасының сәулет, қала құрылысы
              және құрылыс қызметі туралы заңнамасын бұзу

      1. Сәулет, қала құрылысы, құрылыс және мемлекеттік сәулет-құрылысты бақылау істері жөніндегі жергілікті атқарушы органдардың Қазақстан Республикасының заңнамасымен өздеріне жүктелген функцияларды орындамауы немесе тиісінше орындамауы –
      лауазымды адамдарға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет –
      лауазымды адамдарға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 18-тарау 239-1-баппен толықтырылды - ҚР 29.09.2014 N 239-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

  19-тарау. ҚОРШАҒАН ОРТАНЫ ҚОРҒАУ, ТАБИҒИ РЕСУРСТАРДЫ
ПАЙДАЛАНУ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      240-бап. Қоршаған ортаны қорғау жөнiндегi санитариялық-
               эпидемиологиялық және экологиялық талаптарды
               бұзу

      1. Осы баптың 317-1-бабында көзделген жағдайларды қоспағанда, қоршаған ортаны қорғау жөнiнде нормаларды, санитариялық-эпидемиологиялық және экологиялық талаптарды, сондай-ақ гигиеналық нормативтердi бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Лауазымды адамдардың қоршаған ортаны қорғау жөнiнде белгiленген нормаларды, санитариялық-эпидемиологиялық және экологиялық талаптарды арттыруға немесе төмендетуге нұсқау немесе рұқсат беруi, -
      айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 240-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      240-1-бап. Өндiрiстiк экологиялық бақылауды жүргiзу
                 талаптарын бұзу

      Өндiрiстiк экологиялық бақылауды жүргiзу талаптарын   бұзу, -
      жеке тұлғаларға - жиырма бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 240-1-баппен толықтырылды - ҚР 2007.01.09 N 213 Заңымен, өзгеріс енгізілді - ҚР 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      240-2-бап. Экологиялық рұқсатта көрсетілген табиғат
                  пайдалану шарттарын орындамау

      1. Экологиялық рұқсатта көрсетілген табиғат пайдалану шарттарын орындамау, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштің жиырмадан отызға дейiнгi мөлшерiнде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүзден екі жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған және (немесе) қоршаған ортаға аса ірі залал келтірумен, халықтың өмірі мен денсаулығына қауіп төндірумен ұштасқан iс-әрекеттер, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштің қырықтан елуге дейiнгi мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елуден жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға экологиялық рұқсаттың қолданылуы тоқтатыла тұрып не онсыз екі жүзден бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Жеке және заңды тұлғалардың экологиялық рұқсаттың қолданылуы тоқтатыла тұруына қатысты бұзушылықтарды белгіленген мерзімде жоймауы экологиялық рұқсаттан айыруға әкеп соғады.
      Ескерту: Егер табиғат пайдаланушыға экологиялық рұқсат бірнеше өндірістік объектілерге берілген жағдайда, экологиялық рұқсаттың қолданылуы табиғат пайдаланушының табиғат пайдалану шарттарын орындамауға жол берген объектісі бойынша тоқтатыла тұрады.
      Ескерту. Кодекс 240-2-баппен толықтырылды - ҚР 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      241-бап. Экологиялық ластану зардаптарын жою жөнiнде
               шаралар жүргiзуден жалтару

      Ластануға ұшыраған жерлерде залалсыздандыру немесе өзге де қалпына келтiру шараларын жүргiзу мiндетi жүктелген адамдардың осындай шараларды жүргiзуден жалтаруы немесе тиiсiнше жүргiзбеуi, егер бұл iс-әрекеттер адам немесе қоршаған орта үшiн ауыр зардаптарға әкеп соқтырмаса, -
      жеке тұлғаларға - жиырма бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 241-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      242-бап. Ластаушы заттардың өндiрiстiк нормадан тыс
                тасталуы мен шығарылуы, қалдықтарды
                орналастыру туралы хабарламау

       Қоршаған ортаны қорғауды және табиғат қорғау және санитариялық-эпидемиологиялық заңдарының орындалуын мемлекеттiк бақылауды және қадағалауды жүзеге асыратын органдарға ластаушы заттардың өндiрiстiк нормадан тыс тасталуы мен шығарылуы, қалдықтарды орналастыру және қоршаған ортаға басқа да зиянды апаттық әсерi туралы хабарламау немесе бұрмаланған ақпарат беру, -
      лауазымды адамдарға жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 242-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      243-бап. Қоршаған ортаға экологиялық рұқсатта
               белгiленген эмиссиялар нормативтерiнiң асып
               кетуi не экологиялық рұқсаттың болмауы

      Қоршаған ортаға экологиялық рұқсатта белгiленген эмиссиялар нормативтерiнiң асып кетуi не экологиялық рұқсаттың болмауы, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -

      жеке тұлғаларға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға эмиссиялар көлемiн асырып жiбергенi үшiн қоршаған ортаға эмиссиялар үшiн төлем ставкасының бiр мың процентi мөлшерiнде айыппұл салуға әкеп соғады
      Ескерту. 243-бап жаңа редакцияда - Қазақстан Республикасының 2007.01.09. N 213 Заңымен.

      243-1-бап. Парниктік газдар шығарындыларына квотаның
                  белгіленген көлемінен асып түсу

      Парниктік газдар шығарындыларына квотаның белгіленген көлемінен асып түсу –
      заңды тұлғаларға Қазақстан Республикасының заңнамасына сәйкес басқа табиғат пайдаланушылардан сатып алынған квоталардың бірліктерімен және (немесе) жобаларды іске асыру нәтижесінде алынған көміртегі бірліктерімен өтелмеген, квотаның белгіленген көлемінен асатын әрбір бірлігі үшін бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 19-тарау 243-1-баппен толықтырылды - ҚР 2011.12.03 N 505-IV (01.01.2013 бастап қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 21.04.2014 N 197-V Заңымен (қолданысқа енгізілу тәртібін 3-баптан қараңыз).

      243-2-бап. Аккредиттелген тәуелсіз ұйымдардың парниктік
                 газдарды түгендеу, верификация және валидация
                 (детерминация) туралы дәйексіз деректерді ұсынуы

      Аккредиттелген тәуелсіз ұйымдардың парниктік газдарды түгендеу, верификация және валидация (детерминация) туралы дәйексіз деректерді ұсынуы, -
      лауазымды адамдарға - айлық есептік көрсеткіштің елуден бір жүзге дейінгі мөлшерінде, шағын және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - аккредиттеу туралы куәліктің қолданылуы тоқтатыла тұрып, айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға аккредиттеу туралы куәліктің қолданылуы тоқтатыла тұрып, айлық есептік көрсеткіштің төрт жүзден бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 243-2-баппен толықтырылды - ҚР 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      244-бап. Атмосфераға шығарылған қалдықтарды тазалауға
                және сарқынды суларды ағызуға арналған
                жабдықтарды пайдалану ережелерiн бұзу,
                сондай-ақ жабдықтарды пайдаланбау

       Атмосфераға шығарылған қалдықтарды тазалауға және сарқынды суларды ағызуға арналған жабдықтарды пайдалану ережелерiн бұзу, сондай-ақ жабдықтарды пайдаланбау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпіске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - екі жүзден екі жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 244-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      245-бап. Мемлекеттiк экологиялық сараптаманы мiндеттi
               түрде өткiзу туралы заңдар талаптарын орындамау

      Мемлекеттiк экологиялық сараптаманы мiндеттi түрде өткiзу туралы заңдар талаптарын немесе мемлекеттiк экологиялық сараптаманың қорытындысында айтылған талаптарды орындамау, сол сияқты мемлекеттiк экологиялық сараптамадан өткiзiлмеген жобалар мен бағдарламаларды қаржыландыру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - үш жүз елуден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 245-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      246-бап. Шығарылған қалдықтарында ластаушы заттардың
                болуы нормативтерден асып кететiн көлiк және
                басқа да жылжымалы құралдарды шығару

       1. Шығарылған қалдықтарында ластаушы заттардың болуы, сондай-ақ олардың жұмыс iстеуi кезiнде шығатын шудың деңгейi белгiленген нормативтерден асып кететiн автомобильдердi, ұшақтарды, кемелердi және басқа да жылжымалы құралдарды және қондырғыларды пайдалануға шығару, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      қызметiн тоқтата тұрып немесе оған тыйым салып, не онсыз, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң алпыстан сексенге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз елуден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 246-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен, өзгеріс енгізілді - 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      247-бап. Шығарылған қалдықтарында ластаушы заттардың
               болуы нормативтен асып кететiн
               автомотокөлiктер мен басқа да жылжымалы
               құралдарды пайдалану

      1. Шығарылған қалдықтарында ластаушы заттардың болуы, сондай-ақ олардың жұмыс iстеуi кезiнде туғызатын шуылдың деңгейi белгiленген нормативтерден асып кететiн автомотокөлiктердi және басқа да жылжымалы құралдар мен қондырғыларды жеке тұлғалардың пайдалануы, -
      жеке тұлғаларға ескерту жасауға немесе екi айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 247-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      248-бап. Атмосфералық ауаны қорғау жөнiндегi заңнаманы
                бұзу

       1. Атмосфералық ауаны қорғау жөнiндегi талаптарға сәйкес келмейтiн жаңа және қайта жаңғыртылған кәсiпорындарды, құрылыстарды және басқа да объектiлердi пайдалануға қабылдау, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң оннан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Атмосфералық ауаны қорғау жөнiндегi талаптарға сәйкес келмейтiн жаңа және қайта жаңғыртылған кәсiпорындарды, құрылыстарды және басқа да объектiлердi пайдалану, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң елуден алпысқа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жетпістен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 248-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      249-бап. Өндiрiстiк және тұрмыстық қалдықтарды жинау
               мен жағу кезiнде атмосфералық ауаны қорғау
               және өрт қауiпсiздiгi жөнiндегi талаптарды
               сақтамау

      Өндiрiстiк және тұрмыстық қалдықтарды жинау ережелерiн бұзу, аталған қалдықтарды жағу кезiнде атмосфералық ауаны қорғау және өрт қауiпсiздiгi жөнiндегi талаптарды сақтамау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - отыздан қырыққа дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 249-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      250-бап. Жердi бүлдiру

      1. Сату немесе оны басқа адамдарға беру мақсатымен топырақтың құнарлы қабатын жою немесе заңсыз алу, бұлай алу топырақтың құнарлы қабатының бiржола жоғалуын болдырмау үшiн қажет болған жағдайларды қоспағанда, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
      2. Сақтау, пайдалану немесе тасымалдау кезiнде улы химикаттармен, тыңайтқыштармен, өсiмдiктердiң өсуiн күшейтетiн дәрiлермен және өзге де қауiптi химиялық, биологиялық және радиоактивтi заттармен жұмыс iстеу ережелерiн бұзу салдарынан шаруашылық немесе өзге де қызметтiң зиянды өнiмдерiмен жердi уландыру, ластау немесе өзге де бүлдiру, сол сияқты бактериялық-паразиттiк немесе ерекше зиянды организмдермен, бiрақ адамның денсаулығына немесе қоршаған ортаға зиян тигiзуге әкеп соқпаған ластау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма бестен қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 250-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      251-бап. Ауыл шаруашылығы мақсатындағы жердi тиiмсiз
                пайдалану немесе пайдаланбау

       Ауыл шаруашылығы мақсатындағы жердi тиiмсiз пайдалану немесе пайдаланбау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 251-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      252-бап. Жердi пайдаланудың табиғат қорғау режимi
                талаптарын орындамау

      1. Жердi пайдаланудың табиғат қорғау режимi талаптарын орындамау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет (әрекетсіздік), -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 252-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      253-бап. Жердi нысаналы мақсатында пайдаланбау

      Жердi нысаналы мақсатында пайдаланбау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүз жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 253-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      254-бап. Уақытша иеленген жерді мақсатына орай
                одан әрі пайдалану үшін жарамды күйге келтіру
                жөніндегі міндеттерді орындамау

      Уақытша иеленген жерді мақсатына орай одан әрі пайдалану үшін жарамды күйге келтіру жөніндегі міндеттерді орындамау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүз онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 254-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      255-бап. Iздестiру жұмыстарын жер учаскесiн
               пайдалануға рұқсатсыз жүргiзу

      Iздестiру жұмыстарын жер учаскесiн пайдалануға рұқсатсыз жүргiзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 255-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      256-бап. Жер учаскелерiн беру туралы өтiнiмдердi
               қараудың белгiленген мерзiмдерiн бұзу

      Жеке және заңды тұлғалардың өздерiне жер учаскелерiн беру немесе меншiк немесе жер пайдалану құқығына құжаттарды қайта ресiмдеу туралы өтiнiмдерiн (өтiнiштерiн) қараудың белгiленген мерзiмдерiн бұзу, -
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 256-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      257-бап. Тұрғын үй салу үшiн жер учаскелерi, арнайы жер
                қоры бар екендiгi туралы ақпаратты жасыру

       Жеке тұрғын үй салу үшiн жер учаскелерi, арнайы жер қоры бар екендiгi туралы ақпаратты жасыру, оны бұрмалау, жер учаскелерiн бөлуден негiзсiз бас тарту, -
      жергiлiктi атқарушы органдардың лауазымды адамдарына айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 257-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 Заңымен.

      258-бап. Жердi мемлекеттiк тiркеу, есепке алу және
               бағалау мәлiметтерiн бұрмалау

      Жердi мемлекеттiк тiркеу, есепке алу және бағалау мәлiметтерiн қасақана бұрмалау, -
      лауазымды адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 258-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      258-1-бап. Қазақстан Республикасының геодезия және
                  картография саласындағы заңнамасын бұзу

      1. Геодезиялық және картографиялық жұмыстарды:
      геодезиялық және (немесе) картографиялық жұмыстарды орындауға мүмкіндік беретін, меншікті немесе жалға алынған салыстырып тексерілген аспаптар, жабдықтар және құрал-саймандар жиынтығы не зауыттық нөмірі көрсетілген салыстырып тексерілген аспаптар, жабдықтар және құрал-саймандар жиынтығы бар ұйыммен жасалған қызмет көрсетуге арналған шарт;
      штатында геодезия және (немесе) картография саласында жоғары немесе орта білімнен кейінгі білімі бар маман болмаған кезде жүзеге асыру -
      жеке тұлғаларға – жиырма, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
      жеке тұлғаларға – қырық, лауазымды адамдарға, дара кәсіпкерлерге, шағын және орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 18-тарау 258-1-баппен толықтырылды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      259-бап. Келiсiм-шарт жасаспай жер қойнауын геологиялық
               зерттеу жөнiндегi жұмыстарды жүргiзу

      Келiсiм-шарт жасаспай жер қойнауын геологиялық зерттеу жөнiндегi жұмыстарды жүргiзу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 259-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      260-бап. Жер қойнауын геологиялық зерттеу құқығын бұзу

      Жер қойнауын геологиялық зерттеу құқығын беруге арналған конкурсқа қатысуға құжаттарды қабылдаудан негiзсiз бас тарту, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      261-бап. Өндiрiс пен тұтыну қалдықтарымен жұмыс iстеу,
               сарқынды суды ағызып жiберу талаптарын бұзу

      Өндiрiс пен тұтыну қалдықтарымен жұмыс iстеу, сондай-ақ сарқынды суды ағызып жiберу талаптарын бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - он, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыз айлық есептiк көрсеткiш мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 261-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.01.09. N 213 Заңдарымен.

      262-бап. Минералды шикiзатты өндiру және қайта
               өңдеу жөнiндегi ұйымдардың жобаларын әзiрлеу
               кезiнде ережелердi бұзу

      Минералды шикiзатты өндiру және қайта өңдеу жөнiндегi ұйымдардың жобаларын әзiрлеу кезiнде белгiленген ережелердi бұзу, -
      ескерту жасауға немесе лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - қырықтан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 262-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      263-бап. Минералды шикiзатты өндiру мен қайта өңдеу
               жөнiндегi ұйымдардың құрылысын салу және
               пайдалануға қосу кезiнде жер қойнауын қорғау
               ережелерiн қамтамасыз етпеу

      Минералды шикiзатты өндiру мен қайта өңдеу жөнiндегi ұйымдардың құрылысын салу және пайдалануға қосу кезiнде жер қойнауын қорғау ережелерiн қамтамасыз етпеу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 263-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      264-бап. Минералды шикiзат өндiру мен қайта өңдеу
               жөнiндегi жобалық шешiмдердi сақтамау

      Минералды шикiзат өндiру мен қайта өңдеу жөнiндегi жобалық шешiмдердi пайдалы қазбаларды және компоненттердi алудың толықтығы мен пайдаланудың кешендiлiгi, өндiрiс қалдықтарын бөлек жинау және сақтау бөлiгiнде сақтамау, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 264-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      265-бап. Жер қойнауын пайдалану және минералды
              шикiзатты қайта өңдеу кезiнде экологиялық
              нормалар мен ережелердi бұзу

      Жер қойнауын пайдалану және минералды шикiзатты қайта өңдеу кезiнде экологиялық нормалар мен ережелердi бұзу, егер бұл әрекет елеулi залал келтiруге әкеп соқпаса, -
      ескерту жасауға немесе жеке тұлғаларға - он бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елу айлық есептiк көрсеткiш мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 265-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      266-бап. <*>
      Ескерту. 266-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       267-бап. Жер қойнауының жай-күйiн және пайдалы
               қазбалар қорларының бар екендiгiн есепке алу
               жөнiндегi ережелердi бұзу

      Жер қойнауының жай-күйiн және пайдалы қазбалар қорларының бар екендiгiн есепке алу жөнiндегi ережелердi бұзу, -
      Лауазымды адамдарға айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 267-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      268-бап. Минералды шикiзатты өндiру мен қайта өңдеудi
              есепке алу жөнiндегi бастапқы және мемлекеттiк
              есептеменi бұрмалау

      Минералды шикiзатты өндiру мен қайта өңдеудi есепке алу жөнiндегi бастапқы және мемлекеттiк есептеменi бұрмалау, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 268-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      269-бап. Өндiру және қайта өңдеу кезiнде пайдалы
               қазбалардың мөлшерi мен сапасын дұрыс анықтау
               ережелерiн бұзу

      Өндiру және қайта өңдеу кезiнде пайдалы қазбалардың мөлшерi мен сапасын дұрыс анықтау ережелерiн бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      270-бап. Өндiрiс пен тұтыну қалдықтарын есепке алу,
               кәдеге асыру және залалсыздандыру ережелерiн
               бұзу

      Өндiрiс пен тұтыну қалдықтарын есепке алу, кәдеге асыру және залалсыздандыру ережелерiн бұзу, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң он бестен жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 270-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      271-бап. Кен орындары мен бұрғылау ұңғыларын олардың
               сақталуын және халықтың қауiпсiздiгiн
               қамтамасыз ететiндей жай-күйге келтiру
               ережелерiн бұзу

      Маркшейдерлiк құжаттаманы жоғалту, таратылған немесе уақытша тоқтатылған кен орындары мен бұрғылау ұңғыларын халықтың қауiпсiздiгiн қамтамасыз ететiндей жай-күйге келтiру жөнiндегi ережелердi, сондай-ақ уақытша тоқтатылған кезде кен орындары мен бұрғылау ұңғыларын сақтау жөнiндегi ережелердi бұзу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жетпiстен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 271-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      272-бап. Жер қойнауын пайдалану объектiлерiн
               тарату мен уақытша тоқтатып қою жөнiндегi
               ережелердi бұзу

      Жер қойнауын пайдалану объектiлерiн тарату мен уақытша тоқтатып қою жөнiндегi ережелердi бұзу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 272-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      273-бап. Жер қойнауын қорғауды мемлекеттiк бақылау
               органдарына минералды шикiзатты пайдалану
               туралы ақпарат беруден бас тарту немесе
               жалтару

      Жер қойнауын қорғауды мемлекеттiк бақылау органдарына жер қойнауын пайдаланудың, өндiрiлген және қайта өңделген минералды шикiзаттың жай-күйi туралы уақтылы, толық және сенiмдi ақпарат беруден бас тарту немесе жалтару, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - он, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 273-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      274-бап. Лауазымды адамдардың жер қойнауы және
               минералды шикiзатты қайта өңдеу туралы
               заңдардың бұзылуына әкеп соғатын нұсқаулар
               немесе рұқсаттар беруi

      Лауазымды адамдардың жер қойнауы және минералды шикiзатты қайта өңдеу туралы заңдардың бұзылуына әкеп соғатын нұсқаулар немесе рұқсаттар беруi, -
      жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 274-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      275-бап. Жер қойнауын пайдалану бойынша операциялар
                жүргiзу ережелерiн бұзу

       1. Жер қойнауын пайдалану бойынша операциялар жүргiзу ережелерiн, сондай-ақ жер қойнауын пайдалануға арналған келiсiм-шарттардың талаптарын бұзу, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң отыздан елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - сексеннен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз жиырмадан жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жер қойнауын пайдалануға арналған келiсiм-шарттардың қоршаған ортаны қорғау мәселелерi жөнiндегi экологиялық талаптары мен шарттарын орындамау, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң отыздан елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - сексеннен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз жиырмадан жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 275-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      275-1-бап. Табиғат пайдалану жөнiндегi заңсыз мәмiлелердi
                  тiркеу

      Табиғат пайдалану жөнiндегi көрiнеу заңсыз мәмiлелердi тiркеу, табиғи ресурстарды мемлекеттiк есепке алу мен мемлекеттiк жер кадастрларының деректерiн бұрмалау, сол сияқты табиғи ресурстарды пайдаланғаны, қоршаған ортаны ластағаны, табиғи ресурстарды қорғағаны және молықтырғаны үшiн төлемдi қасақана төмендету, егер бұл әрекеттердi лауазымды адам өзiнiң қызмет бабын пайдалана отырып, пайдакүнемдік немесе өзге де жеке мүддесi үшiн жасаса, –
      айлық есептiк көрсеткiштiң үш жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 19-тарау 275-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      276-бап. Су ресурстарын қорғау ережелерiн бұзу

      1. Жер үстi және жер асты суларын, ауыз сумен жабдықтау көздерiн ластау және былғау, сарқу, су жинайтын орындарда олардың ластануын, топырақтың су эрозиясын және басқа да зиянды құбылыстар тудыратын су қорғау режимiн бұзу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса және Қазақстан Республикасының су заңнамасында тыйым салынған қызмет түрлерін су қорғау аймақтары мен су белдеулері шекаралары шегінде жүзеге асыру, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Судың ластануын және былғануын немесе оның зиянды әсерiн болдырмайтын құрылыстар мен құрылғыларсыз кәсiпорындарды, коммуналдық және басқа да объектiлердi iске қосу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Суды ластанудан, былғанудан және сарқылудан қорғауды, сондай-ақ су режимi жай-күйiнiң жақсаруын қамтамасыз ететiн гидротехникалық, технологиялық, орман-мелиорациялық, санитариялық және басқа да iс-шараларды жүргiзбеу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiс, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 276-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2009.07.10. N 180-IV Заңдарымен.

      277-бап. Су шаруашылығы құрылыстарын, құрылғыларын
               және сумен жабдықтаудың өртке қарсы жүйелерiн
               зақымдау, оларды пайдалану ережелерiн бұзу

      1. Су шаруашылығы құрылыстары мен құрылғыларын, сондай-ақ сумен жабдықтаудың өртке қарсы жүйелерiн зақымдау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Су шаруашылығы құрылыстары мен құрылғыларын пайдалану ережелерiн бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 277-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      278-бап. Су айдындарының жай-күйiне әсер ететiн заңсыз
                құрылыс

      1. Өзендердiң және басқа да су айдындарының жай-күйiне әсер ететiн ғимараттарды, құрылыстарды және басқа да объектiлердi заңсыз салу, -
      ескерту жасауға немесе заңсыз салынған құрылысты мәжбүрлеп бұздыра отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз елуден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Заңсыз су ұңғымасын бұрғылау және жер асты суларының су тарту тоғандарын салу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 278-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      279-бап. Судың бастапқы есебiн жүргiзу және оны
               пайдалану ережелерiн бұзу

      Судың бастапқы есебiн жүргiзу және оны пайдалану ережелерiн бұзу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiстен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 279-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 Заңымен.

      280-бап. Су ресурстарын есепке алу мен есеп-қисап
               деректерiн бұрмалау

       Су кадастрын есепке алу мен есеп-қисап деректерiн, су ресурстарын кешендi пайдалану мен қорғау схемаларын бұрмалау, сондай-ақ оларды Қазақстан Республикасының заңнамасында белгіленген мерзімде табыс етпеу, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 280-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2009.07.10. N 180-IV Заңдарымен.

      281-бап. Су ресурстарын реттеуге кедергi жасау

      Су ресурстарын кешендi пайдалану, экология және су бөлу мүдделерiне орай оларды реттеуге кедергi жасау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 281-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      281-1-бап. Ортақ су пайдалану ережелерін бұзу

      1. Ортақ су пайдалану ережелерін:
      тыйым салынған жерлерде шомылу, ауыз су және тұрмыстық қажеттіліктерге су алу, мал суару, шағын кемелерде және басқа да жүзу құралдарында жүзу;
      жеке және заңды тұлғалардың ортақ су пайдаланудағы су объектілеріне халықтың кіруін қоршаулар, күзет бекеттерін, тыйым салатын белгілер орнату жолымен шектеуі түрінде бұзу, -
      жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      жеке тұлғаларға - айлық есептік көрсеткіштің бірден екіге дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге - оннан он беске дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан жиырма беске дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елуден алпысқа дейінгі мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 281-1-баппен толықтырылды - ҚР-ның 2009.07.10. N 180-IV Заңымен.

      281-2-бап. Белгіленген су сервитуттарын бұзу

      1. Белгіленген су сервитуттарын бұзу -
      жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      жеке тұлғаларға - айлық есептік көрсеткіштің бірден екіге дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге - оннан он беске дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан жиырма беске дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елуден алпысқа дейінгі мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 281-2-баппен толықтырылды - ҚР-ның 2009.07.10. N 180-IV Заңымен.

      282-бап. Орман қоры учаскелерiн заңсыз пайдалану

      Тиiстi рұқсатсыз тамырымен жұлу, құрылыстар салу, сүректi қайта өңдеу, қоймалар тұрғызу және басқа мақсаттар үшiн орман қоры учаскелерiн заңсыз пайдалану, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 282-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      283-бап. Ағаштар мен бұталарды заңсыз кесу
               және зақымдау

      1. Ағаштар мен бұталарды, сондай-ақ орман қорына кiрмейтiн және кесуге тыйым салынған ағаштар мен бұталарды, қылмыстық жазалау әрекетiнiң белгiлерi жоқ заңсыз кесу және зақымдау, -
      ескерту жасауға немесе заңсыз кесiлген ағаштар мен бұталар, құқық бұзушының көлiк құралдары және аталған құқық бұзушылықты жасау құралы болған өзге де заттары тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Орман питомниктерi мен плантацияларындағы орман дақылдарын, себiндiлердi не көшеттердi, сондай-ақ көктеп шыққан табиғи өскiндердi, жас шыбықтарды, сондай-ақ орманды қалпына келтiруге арналған алаңдардағы өздiгiнен көктеген өскiндердi жою немесе зақымдау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қылмыстық жазалау әрекетiнiң белгiлерi жоқ, осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, ерекше қорғалатын табиғи аумақтарда жасалған iс-әрекеттер, -
      заңсыз кесiлген ағаштар мен бұталар, құқық бұзушының көлiк құралдары және аталған құқық бұзушылықты жасау құралы болған өзге де заттары тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден бiр мың бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
     Ескерту. 283-бап жаңа редакцияда - ҚР 2003.12.05. N 506 Заңымен, өзгеріс енгізілді - ҚР 2006.01.20. N 123 (2006.01.01 бастап қолданысқа енгізілді), 2012.01.25 N 548-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      284-бап. Орманда өрт қауiпсiздiгi талаптары мен
               санитариялық ережелердi бұзу

      1. Орманда өрт қауiпсiздiгi талаптары мен санитариялық ережелердi бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Өрттiң шығуына, адамның денсаулығына және қоршаған ортаға зиян келтiруге әкеп соққан, қылмыстық жаза қолданылатын әрекет белгiлерi жоқ нақ сол әрекет, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қылмыстық жаза қолданылатын әрекет белгiлерi жоқ, осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, ерекше қорғалатын табиғи аумақтарда жасалған iс-әрекеттер, -
      жеке тұлғаларға - жүз, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 284-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      285-бап. Кесiлетiн орман қорын пайдаланудың, сүректер
               дайындау мен әкетудiң, шайыр мен ағаш
               шырындарын, екiншi дәрежелi орман
               материалдарын алудың белгiленген тәртiбiн бұзу

      1. Кесiлетiн орман қорын пайдаланудың, сүректер дайындау мен әкетудiң, шайыр мен ағаш шырындарын, екiншi дәрежелi орман материалдарын алудың белгiленген тәртiбiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiстен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ерекше қорғалатын табиғи аумақтарда жасалған нақ сол iс-әрекеттер, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуден екi жүз елуге дейiнгі мөлшерiнде айыппұл салуға әкеп соғады.
     Ескерту. 285-бап жаңа редакцияда - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      286-бап. Орман қорының және ерекше қорғалатын табиғи
                аумақтардың уақытша алынып отырған учаскелерiн
                қайтару мерзiмдерiн бұзу

      1. Мемлекеттiк орман қорының уақытша иеленiп отырған учаскелерiн қайтару мерзiмдерiн бұзу немесе оларды мақсатты түрде пайдалану үшiн жарамды жай-күйге келтiру жөнiндегi мiндеттердi орындамау, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ерекше қорғалатын табиғи аумақтарда жасалған нақ сол iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - қырықтан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 286-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      287-бап. Шабындықтар мен жайылымдық жерлердi бүлдiру,
               сондай-ақ орман қоры жерлерiнде заңсыз
               шөп шабу және мал жаю, дәрiлiк өсiмдiктердi
               және техникалық шикiзатты жинау

       1. Орман қоры жерлерiнде шабындықтар мен жайылымдық жерлердi бүлдiру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң екiге дейiнгi мөлшерiнде, лауазымды адамдарға жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Орманда және орман қоры жерлерiнде заңсыз шөп шабу және мал жаю, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Дәрiлiк өсiмдiктердi және техникалық шикiзатты бұған тыйым салынған немесе орман билетi бойынша ғана жiберiлетiн учаскелерде заңсыз жинау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi - үшiншi бөлiктерiнде көзделген, ерекше қорғалатын табиғи аумақтарда жасалған iс-әрекеттер, -
      жеке тұлғаларға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға - елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 287-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      288-бап. Ағашы кесiлген жерлерге және орманды қалпына
               келтiру мен орман өсiруге арналған орман
               қорының басқа да санаттағы жерлерiне ағаш
               егудiң тәртiбi мен мерзiмдерiн бұзу

      Ағашы кесiлген жерлерге және орманды қалпына келтiру мен орман өсiруге арналған орман қорының басқа да санаттағы жерлерiне ағаш егудiң тәртiбi мен мерзiмдерiн бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      289-бап. Орман үшiн пайдалы фаунаны құрту, сондай-ақ
                орманды қалдықтармен, химиялық заттармен
                бүлдiру, ластау және орман қоры жерiне өзге де
                залал келтiру

      1. Орман үшiн пайдалы фаунаны жою, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ормандардың қурап қалуына немесе ауруға шалдығуына не ластануына ұшырататын сарқынды сулармен, химиялық заттармен, өнеркәсiптiк және тұрмыстық төгiндiлермен, қалдықтармен және тастандылармен орманды бүлдiру, -
      жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiс, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Орман қоры жерiндегi орман құрғату жыраларын, дренаж жүйелерi мен жолдарды жою немесе бүлдiру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi - үшiншi бөлiктерiнде көзделген, ерекше қорғалатын табиғи аумақтарда жасалған iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң жетiден онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - сексеннен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - төрт жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 289-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       290-бап. Орманды пайдалануды рұқсат құжаттарында
               көзделген мақсаттарға немесе талаптарға
               сәйкес келмейтiн ретпен жүзеге асыру

      1. Орманды пайдалануды рұқсат құжаттарында көзделген мақсаттарға немесе талаптарға сәйкес келмейтiн ретпен жүзеге асыру, -
      жеке тұлғаларға - үш, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - он, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ерекше қорғалатын табиғи аумақтарда жасалған нақ сол iс-әрекеттер, -
      жеке тұлғаларға - он, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 290-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      291-бап. Орманның жай-күйiне және оны ұдайы молайтуға
               зиянды ықпал етуге әкеп соғатын объектiлердi
               салу және пайдалану

      1. Орманның жай-күйiне және оны ұдайы молайтуға зиянды ықпал етуге әкеп соғатын объектiлердi салу және пайдалану, -
      жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - он бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ерекше қорғалатын табиғи аумақтарда жасалған нақ сол iс-әрекеттер, -
      жеке тұлғаларға - жиырма, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 291-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      292-бап. Ағаш кесетiн жерлердi бөлiп беру мен бағасын
               шығарудың белгiленген тәртiбiн бұзу

      Ағаш кесетiн жерлердi бөлiп беру мен бағасын шығарудың белгiленген тәртiбiн бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      293-бап. Сүректi есептiк ағаш кесуден артық мөлшерде
               дайындауға жол беру

      Сүректi есептiк ағаш кесуден артық мөлшерде дайындауға жол беру, -
      лауазымды адамдарға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 293-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      294-бап. Өсiмдiк қорғау құралдары мен басқа да
               препараттарды тасымалдау, сақтау және
               қолдану ережелерiн бұзу

      1. Осы Заңның 317-1-бабында көзделген жағдайларды қоспағанда, өсімдік қорғау құралдарын, олардың өсуiн жылдамдататын заттарды, минералдық тыңайтқыштарды және қоршаған ортаны ластауға не жануарлар дүниесiне залал келтiруге соқтырған немесе соқтыруы мүмкiн басқа да препараттарды тасымалдау, сақтау және қолдану ережелерiн бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сексеннен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ерекше қорғалатын табиғи аумақтарда жасалған нақ сол iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырма бестен елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiстен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының өсімдіктерді қорғау туралы заңнамасына сәйкес жергілікті атқарушы органдардың шешімдерді:
      қоршаған ортаны қорғау және денсаулық сақтау саласындағы уәкілетті мемлекеттік органдармен келісу бойынша пестицидтерді (улы химикаттарды) зиянсыздандыру жөніндегі жұмыстарды ұйымдастырмау;
      арнаулы сақтау орындарын (көмінділерді) салмау, тиісті жай-күйде күтіп-ұстамау және ұстап тұрмау;
      пестицидтерді (улы химикаттарды) өндіру (формуляциялау), өткізу және аэрозольдық және фумигациялық тәсілдермен қолдану жөніндегі қызметті лицензияламау түрінде жасаған уақтылы қабылдамауы –
      жергілікті атқарушы органдардың лауазымды адамдарына ескерту жасауға әкеп соғады.
      4. Жергілікті атқарушы органдардың Қазақстан Республикасының өсімдіктерді қорғау туралы заңнамасымен өздеріне жүктелген функцияларды орындамауы –
      жергілікті атқарушы органдардың лауазымды адамдарына елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың төртінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
      жергілікті атқарушы органдардың лауазымды адамдарына бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Уәкілетті органның және оның аумақтық бөлімшелерінің Қазақстан Республикасының өсімдіктерді қорғау туралы заңнамасын анықталған бұзушылықтарды жою туралы жазбаша нұсқамаларын нұсқамада белгiленген мерзiмдерде орындамау не тиiсiнше орындамау –
      жергілікті атқарушы органдардың лауазымды адамдарына он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 294-бапқа өзгерістер енгізілді - ҚР 2003.12.05. N 506 , 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді), 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі); 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

       295-бап. Өсiмдiктер өсетiн жерлер мен жануарлардың
               тiршiлiк ортасын қорғау ережелерiн,
               зоологиялық коллекцияларды жасау, сақтау,
               есепке алу және пайдалану ережелерiн бұзу,
               сол сияқты жануарларды заңсыз қоныс
               аударту, жерсiндiру, керi жерсiндiру мен
               шағылыстыру

       1. Өсiмдiктер өсетiн жерлер мен жануарлардың тiршiлiк ортасын қорғау ережелерiн, жануарлардың өсiп-өну жағдайларын, орын ауыстыру жолдары мен шоғырланатын орындарын, зоологиялық және ботаникалық коллекцияларды жасау, сақтау, есепке алу мен пайдалану ережелерiн бұзу, сол сияқты жануарларды заңсыз қоныс аударту, жерсiндiру, керi жерсiндiру мен шағылыстыру, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң сегiзге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан алпысқа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ерекше қорғалатын табиғи аумақтарда жасалған нақ сол iс-әрекеттер, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң сегiзден он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға алпыстан жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 295-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      296-бап. Елдi мекендердi, кәсiпорындарды және басқа да
               объектiлердi орналастыру, жобалау мен салу,
               өндiрiс процестерiн жүзеге асыру және көлiк
               құралдарын пайдалану, өсiмдiк қорғау
               құралдарын, минералдық тыңайтқыштарды және
               басқа да препараттарды қолдану кезiнде
               өсiмдiктер мен жануарларды қорғау ережелерiн
               бұзу

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2012.01.25 N 548-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      Осы Кодекстің 317-1-бабында көзделген жағдайларды қоспағанда, елді мекендерді, кәсiпорындарды және басқа да объектiлердi орналастыру, жобалау мен салу, өндiрiс процестерiн жүзеге асыру және көлiк құралдарын пайдалану, өсiмдiк қорғау құралдарын, минералдық тыңайтқыштарды және басқа да препараттарды қолдану кезiнде өсiмдiктер мен жануарларды қорғау ережелерiн бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң сегiзге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жетпiске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 296-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2012.01.25 N 548-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       296-1-бап. Ерекше қорғалатын табиғи аумақтардың
                  жекелеген түрлерiнде жеке тұлғалардың болу
                  тәртiбiн бұзу

       Жеке тұлғалардың мемлекеттiк табиғи қорықтардың, мемлекеттiк ұлттық табиғи саябақтардың, мемлекеттiк табиғи резерваттардың, мемлекеттiк табиғи саябақтардың аумақтарына арнайы рұқсатсыз және бару үшiн белгiленген орындардан тыс жерлерде болуы, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң екiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 296-1-баппен толықтырылды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       297-бап. Селекциялық-гендiк мақсаттағы объектiлердi
                бүлдiру немесе жою

       Селекциялық-гендiк мақсаттағы объектiлердi: артықшылығы бар ағаштарды, артықшылығы бар ағаштардың мұрағаттық клондарын, географиялық дақылдарды, популяциялар мен будандардың сынақ дақылдарын бүлдiру немесе жою, -
      ескерту жасауға немесе жеке тұлғаларға - он, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпiс, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 297-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       298-бап. Заңсыз аң аулау, жануарлар дүниесiн пайдалану

       1. Аң аулау ережелерiн, сондай-ақ жануарлар дүниесiн пайдаланудың басқа да түрлерiн жүзеге асыру ережелерiн қылмыстық жаза қолданылатын әрекет белгiлерi жоқ бұзу және осы баптың екiншi және үшiншi бөлiктерiнде көзделген аң аулау ережелерiн бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елу, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жарылғыш құрылғыларды, авиа-, авто-, мотокөлiк құралдарын, оның iшiнде қарда жүретiн техниканы қолданып заңсыз аң аулау, сондай-ақ әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған аң аулау ережелерiн бұзу, -
      жануарларды аулау құралдары, көлiк құралдары және аталған құқық бұзушылықты жасау құралдары болған өзге де заттары тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жетiден он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға не екi жылға дейiнгi мерзiмге аң аулау құқығынан айыруға әкеп соғады.
      2-1. Заңсыз аңшылық, егер бұл әрекет елеулі залал келтiрiп жасалса, –
      айлық есептiк көрсеткiштiң үш жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, ерекше қорғалатын табиғи аумақтарда жасалған iс-әрекеттер, -
      әкімшілік құқық бұзушылық заттары және (немесе) құралдары тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң қырықтан жетпiске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға не екi жылға дейiнгi мерзiмге аң аулау құқығынан айыруға әкеп соғады.
      Ескерту. Осы бапта айлық есептік көрсеткіштен бір жүз және одан да көп есе асатын залал мөлшері елеулі залал деп танылады.
      Ескерту. 298-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгеріс енгізілді - 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.25 N 548-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      298-1-бап. Балық аулау және балық ресурстарын және басқа
                  да су жануарларын қорғау ережелерiн бұзу

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      1. Қылмыстық жаза қолданылатын әрекет белгiлерi жоқ, балық аулау ережелерiн, сондай-ақ балық ресурстарын және басқа да су жануарларын пайдаланудың өзге де түрлерiн жүзеге асыру ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қылмыстық жаза қолданылатын әрекет белгiлерi жоқ, балық аулау ережелерiн (әуесқойлық (спорттық) балық аулауды қоспағанда, тыйым салынған мерзiмдерде тыйым салынған құралдармен немесе тәсiлдермен, тыйым салынған жерлерде балық аулау), сондай-ақ балық ресурстарын және басқа да су жануарларын пайдаланудың басқа да түрлерiн жүзеге асыру ережелерiн өрескел бұзу, -
      әкімшілік құқық бұзушылық заттары және (немесе) құралдары тәркiлене отырып немесе онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Балық қорғау құрылғысын орнатпай, балық шаруашылығы су қоймаларынан су алу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - қырықтан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 298-1-баппен толықтырылды - ҚР 2003.12.05 N 506, өзгерту енгізілді - 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2012.01.25 N 548-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      299-бап. Аң аулау алаптары мен балық шаруашылығы су
                айдындарын және (немесе) учаскелерін бекiту,
                пайдалану және қорғау тәртiбiн бұзу

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

       Аң аулау алаптары мен балық шаруашылығы су айдындарын және (немесе) учаскелерін бекiту, пайдалану және қорғау тәртiбiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде, лауазымды адамдарға жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 299-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңдарымен.

       300-бап. Жасыл желектердi күтiп ұстау мен қорғау
               ережелерiн бұзу

      Облыстардың, республикалық маңызы бар қаланың және астананың жергiлiктi өкiлдi органдары белгiлеген жасыл желектердi күтiп-ұстау және қорғау қағидаларын бұзу -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - қырықтан жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 300-бапқа өзгеріс енгізілді - ҚР 2006.01.20. N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       301-бап. Берiлген лицензияның шарттарын заңсыз өзгерту,
               сол сияқты теңiзде мұнай операцияларын
               жүргiзудiң бекiтiлген тәртiбiн бұзу

      Берiлген лицензияның шарттарын заңсыз өзгерту, сол сияқты теңiзде мұнай операцияларын жүргiзудiң бекiтiлген тәртiбiн бұзу, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде, заңды тұлғаларға жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 301-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 Заңымен.

       302-бап. Қазақстан Республикасының континенттiк
               қайраңында рұқсат етiлген қызметтi реттейтiн
               лицензия шарттарын бұзу

      1. Қазақстан Республикасының континенттiк қайраңында рұқсат етiлген қызметтi реттейтiн лицензия шарттарын бұзу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының континенттiк қайраңындағы пайдалы қазбалар орындарының бүлiнуiне, адамдардың өмiрiне немесе денсаулығына зиян келтiруге әкеп соғуы мүмкiн, жанды ресурстарға, теңiз флорасы мен фаунасына залал келтiруi не қызметтiң басқа да заңды түрлерiне кедергi туғызуы мүмкiн су асты кабельдерiн немесе құбыр жолдарын Қазақстан Республикасының аумағына шығару немесе оларды Қазақстан Республикасының континенттік қайраңына төсеу ережелерiн бұзу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi немесе екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      құқық бұзушылық жасалған кемесi мен құралдарды тәркiлене отырып не онысыз, лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға жүз елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 302-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2007.12.19. N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі) Заңдарымен.

      303-бап. Қазақстан Республикасының континенттiк
               қайраңында теңiз ғылыми зерттеулерiн жүргiзу
               ережелерiн бұзу

      1. Қазақстан Республикасының континенттiк қайраңында қызметтiң заңды түрлерiне кедергi жасаған немесе жасауы мүмкiн, Қазақстан Республикасының рұқсатымен немесе халықаралық шарттарымен көзделген теңiз ғылыми зерттеулерiн жүргiзу ережелерiн бұзу, не Қазақстан Республикасының континенттiк қайраңында теңiз ғылыми зерттеулерiнiң бағдарламаларын заңсыз өзгерту, -
      жеке тұлғаларға - он, лауазымды адамдарға - жиырма, заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      құқық бұзушылық жасалған кемесi мен құралдары, сондай-ақ алынған зерттеулер нәтижелерi тәркiлене отырып не онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде, лауазымды адамдарға - жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға жүз елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 303-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      304-бап. Қазақстан Республикасының континенттiк
                қайраңында қалдықтар мен басқа да материалдарды
                көму ережелерiн, сондай-ақ уақытша тоқтата тұру
                және бөлшектеу ережелерiн бұзу

      1. Қазақстан Республикасы ратификациялаған халықаралық шарттарда көзделген Қазақстан Республикасының континенттiк қайраңында кемелердi және өзге де қалқымалы құралдарды, ұшатын аппараттарды, жасанды аралдарды, қондырғылар мен құрылыстарды, қалдықтар мен басқа да материалдарды көму ережелерiн, сондай-ақ пайдалы қазбалар орындарының бүлiнуiне, адамдардың өмiрiне немесе денсаулығына зиян келтiруге, биологиялық ресурстарға, теңiз флорасы мен фаунасына залал келтiруге немесе қызметтiң басқа да заңды түрлерiне кедергi туғызуға әкеп соғуы мүмкiн уақытша тоқтата тұру мен бөлшектеу ережелерiн бұзу, -
      жеке адамдарға - бес, лауазымды адамдарға, дара кәсiпкерлерге - жиырма, заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      құқық бұзушылық жасалған кемесi мен құралдары тәркiлене отырып не онсыз, жеке тұлғаларға - он, лауазымды адамдарға, дара кәсiпкерлерге - жиырма бес есептiк көрсеткiш мөлшерiнде, заңды тұлғаларға қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 304-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңдарымен.

      305-бап. Қазақстан Республикасының континенттiк
               қайраңын қорғау органдары лауазымды
               адамдарының заңды талаптарын орындамау

      1. Қазақстан Республикасының континенттiк қайраңын қорғау органдары лауазымды адамдарының кеменi тоқтату туралы заңды талаптарын орындамау, сондай-ақ бұл лауазымды адамдардың өздерiне жүктелген өкiлеттiктердi жүзеге асыруына, соның iшiнде кеменi тексеруiне кедергi жасау, -
      лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға жетпiске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      құқық бұзушылық жасалған кемесi мен құралдары, сондай-ақ алынған зерттеу нәтижелерi тәркiлене отырып не онысыз, лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға жүзден жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 305-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      306-бап. Қазақстан Республикасының континенттiк
                қайраңындағы, аумақтық суларындағы (теңізіндегі)
                және ішкі суларындағы минералдық және
                биологиялық ресурстарды заңсыз беру

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      1. Қазақстан Республикасының континенттiк қайраңындағы, аумақтық суларындағы (теңізіндегі) және ішкі суларындағы минералдық және биологиялық ресурстарды шетелдіктерге, басқа мемлекеттің заңнамасына сәйкес құрылған заңды тұлғаларға не шет мемлекеттерге заңсыз беру, -
      жеке адамдарға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырмаға дейiнгi мөлшерiнде, заңды тұлғаларға заңсыз берiлген минералдық және биологиялық ресурстар құнының жүз процентi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      құқық бұзушылық жасалған кемесi мен құралдары, сондай-ақ алынған зерттеу нәтижелерi тәркiлене отырып не онсыз, жеке адамдарға - айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға заңсыз берiлген минералдық және биологиялық ресурстар құнының екі жүз проценті мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 306-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңдарымен.

      306-1-бап. Экологиялық аудит туралы заңнаманы бұзу

      1. Мiндеттi экологиялық аудит жүргiзу туралы заңнама талаптарын орындамау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан отызға дейiнгi мөлшерiнде, заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Экологиялық аудиторлардың (экологиялық аудиторлық ұйымдардың) көрiнеу дұрыс емес экологиялық аудиторлық есеп жасауы, -
      экологиялық аудиторларға - айлық есептiк көрсеткiштiң елуден жетпiске дейiнгi мөлшерiнде, орта кәсіпкерлік субъектілері болып табылатын экологиялық аудиторлық ұйымдарға - екі жүзден екі жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын экологиялық аудиторлық ұйымдарға бес жүзден жетi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      экологиялық аудиторлық қызметпен айналысу құқығынан айыра отырып, экологиялық аудиторларға - айлық есептiк көрсеткiштiң сексеннен жүзге дейiнгi мөлшерiнде, орта кәсіпкерлік субъектілері болып табылатын экологиялық аудиторлық ұйымдарға - үш жүзден төрт жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын экологиялық аудиторлық ұйымдарға - сегiз жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Тексерiлiп жатқан тұлғаның экологиялық аудит жүргiзiлу барысында дұрыс емес экологиялық аудиторлық есеп жасауға әкеп соғатын көрiнеу дұрыс емес немесе толық емес ақпаратты беруi, -
      лауазымды адамдарға, дара кәсіпкерлерге - айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - үш жүзден төрт жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алты жүзден жеті жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 306-1-баппен толықтырылды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      306-2-бап. Бекіре тұқымдас балықтардың таңбалау тәртібін
                  бұзып таңбаланған уылдырығын не таңбаланбаған
                  уылдырығын өткізу

      1. Бекіре тұқымдас балықтардың таңбалау тәртібін бұзып таңбаланған уылдырығын не таңбаланбаған уылдырығын өткізу –
      таңбалау тәртібін бұзып таңбаланған уылдырықты не таңбаланбай өткізілетін уылдырықты тәркілей отырып жеке адамдарға - айлық есептiк көрсеткiштiң отыздан отыз беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге – елуден алпысқа дейінгі мөлшерінде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жетпiстен тоқсанға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден жүз жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      таңбалау тәртібін бұзып таңбаланған уылдырықты не таңбаланбай өткізілетін уылдырықты тәркілей отырып жеке адамдарға - айлық есептiк көрсеткiштiң алпыстан жетпіске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге – жүз оннан жүз жиырмаға дейінгі мөлшерінде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүз қырықтан жүз алпысқа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екі жүзден екі жүз жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 306-2-баппен толықтырылды - ҚР 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      306-3-бап. Қоршаған ортаны қорғау саласындағы жұмыстарды
                  орындау мен қызметтер көрсететін жеке және
                  заңды тұлғалардың дәйексіз деректерді ұсынуы

      1. Қоршаған ортаны қорғау саласындағы жұмыстарды орындау мен қызметтер көрсететін жеке және заңды тұлғалардың эмиссиялар нормативтерін, қоршаған ортаны қорғау жөніндегі іс-шараларды, өндірістік экологиялық бақылау бағдарламасы мен олар бойынша есептерді әзірлеу кезінде дәйексіз деректерді ұсынуы, -
      лауазымды адамдарға, дара кәсіпкерлерге - айлық есептік көрсеткіштің отыздан елуге дейінгі, заңды тұлғаларға - жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      лауазымды адамдарға, дара кәсіпкерлерге - лицензияның қолданылуы тоқтатыла тұрып, айлық есептік көрсеткіштің жетпістен жүзге дейінгі мөлшерінде, заңды тұлғаларға - лицензияның қолданылуы тоқтатыла тұрып не онсыз, айлық есептік көрсеткіштің екі жүз елуден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген әрекеттерді жасау, олар қоршаған ортаға ірі залал келтіруге әкеп соқса не үш реттен артық жасалса және егер бұл әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      лауазымды адамдарға, дара кәсіпкерлерге - лицензиядан айыра отырып, айлық есептік көрсеткіштің жүзден жүз жиырмаға дейінгі мөлшерінде, заңды тұлғаларға - лицензиядан айыра отырып, үш жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 306-3-баппен толықтырылды - ҚР 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

20-тарау. Карантин ережелері, астық нарығы мен астықты сақтау, мақта саласы, тұқым шаруашылығы, мемлекеттік ветеринариялық-санитариялық бақылау және қадағалау және асыл тұқымды мал шаруашылығы, сондай-ақ азық-түлік тауарларының өңірлік тұрақтандыру қорларын қалыптастыру және пайдалану саласындағы әкімшілік құқық бұзушылықтар

      Ескерту. 20-тараудың тақырыбы жаңа редакцияда - ҚР 2007.07.21 N 299, өзгеріс енгізілді - 2009.07.24 N 190-IV, 2011.01.06 N 378-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.12 N 540-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 33-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      307-бап. Карантиндiк зиянкестермен, өсiмдiк ауруларымен
               және арамшөптермен күрес жөнiндегi ережелердi
               бұзу

      1. Қазақстан Республикасының аумағын карантиндiк объектiлерден қорғау жөнiндегi ережелердi бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң екiден беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жергілікті атқарушы органдардың Қазақстан Республикасының өсімдіктер карантині саласындағы заңнамасын:
      уәкілетті органның және оның аумақтық бөлімшелерінің ұсынуы бойынша жергілікті атқарушы органдардың тиісті аумақтарда карантиндік режим енгізе отырып, карантиндік аймақты белгілеу және оның күшін жою туралы шешімді уақтылы қабылдамауы;
      өсімдіктер карантині саласындағы мемлекеттік бақылау және қадағалау объектілерінде өсімдіктер карантині жөніндегі іс-шараларды жүргізуді тиісінше және уақтылы ұйымдастырмауы;
      карантинді объектілердің таралуының есебін тиісінше не уақтылы жүргізбеуі және уәкілетті орган мен мүдделі тұлғаларға ақпаратты тиісінше не уақтылы бермеуі түрінде жасаған бұзушылығы –
      жергілікті атқарушы органдардың лауазымды адамдарына отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
      жергілікті атқарушы органдардың лауазымды адамдарына алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Уәкілетті органның және оның аумақтық бөлімшелерінің Қазақстан Республикасының өсімдіктер карантині саласындағы заңнамасын анықталған бұзушылықтарды жою туралы жазбаша нұсқамаларын нұсқамада белгiленген мерзiмдерде орындамау не тиiсiнше орындамау –
      жергілікті атқарушы органдардың лауазымды адамдарына отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Осы баптың төртінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
      жергілікті атқарушы органдардың лауазымды адамдарына алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 307-бапқа өзгерістер енгізілді - ҚР 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді); 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      308-бап. Карантиндiк тексеруден және тиiстi өңдеуден
                өтпеген материалдарды әкелу және әкету

       Карантиндiк тексеруден және тиiстi өңдеуден өтпеген импортталатын және экспортталатын өсiмдiк материалдарын өсiмдiк карантинi жөнiндегi шекаралық пункттерге және шекарадағы бекеттерге әкелу және олардан әкету, осы жүктердi рұқсат етiлетiн карантин құжаттарынсыз тасымалдау, -
      карантиндегi өнiмдердi тәркiлей отырып не онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң екiден беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға алпыстан жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 308-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      309-бап. <*>
      Ескерту. 309-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      309-1-бап. Қазақстан Республикасының астық туралы
                  заңнамасын бұзу

      1. Алынып тасталды - ҚР 2009.12.11 N 229-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.
      2. Астықты экспорттау және импорттау кезінде астық сапасының тиісті паспорттарынсыз өткізу, -
      жеке тұлғаларға - бес, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Мемлекеттік ресурстар астығын сақтайтын астық қабылдау кәсіпорындарының астықтың кез келген мөлшерін тиеп жөнелтуі және (немесе) көлік ұйымдарының астықты уәкілетті органмен алдын ала келіспей әкетуі, -
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің жүзден жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз елуден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Астық қабылдау кәсіпорындарының астықтың сандық-сапалық есебін жүргізу; астық қолхаттарын беру, олардың айналымы және өтелуі ережелерін бұзуы, -
      орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз елуден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Астық қабылдау кәсіпорнының «Астық туралы» Қазақстан Республикасының Заңында рұқсат етілген қызметті қоспағанда, астық қолхаттарын беру арқылы қойма қызметі бойынша қызметтер көрсетуге қатысты емес қызметті жүзеге асыруы, үшінші тұлғалардың міндеттемелері бойынша кепілдіктер беруі және (немесе) өз мүлкін кепілге беруі, -
      лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің жүзден жүз жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі жүз елуден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      6. Астық қабылдау кәсіпорындарының астықтың сандық және сапалық көрсеткіштерін жүйелі түрде (қатарынан күнтізбелік алты ай ішінде екі және одан да көп рет) бұрмалауы, олар құжаттамамен расталған жағдайда, -
      лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүз елуден бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      7. Астық қабылдау кәсіпорнының оларсыз астық қолхаттарын беру арқылы қойма қызметі бойынша қызметтер көрсету жөніндегі қызметті жүзеге асыру толығымен мүмкін болмайтын не айтарлықтай нашарлайтын негізгі құрал-жабдықтарды иеліктен шығаруы, -
      лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің жүзден жүз жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз елуден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      8. Лицензияның қолданысын тоқтата тұру мерзімі өткеннен кейін осы баптың бесінші, алтыншы, жетінші бөліктерінде көзделген әкімшілік жауаптылыққа тартуға әкеп соққан бұзушылықтарды жоймау, -
      лицензиядан айыра отырып, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің екі жүзден екі жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүзден бес жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      9. Агенттің астықты қайта өңдеу ұйымдарына ішкі нарықты реттеу мақсатында өткізген мемлекеттік сатылатын және мемлекеттік тұрақтандыру астық ресурстарының астығын олардың нысаналы пайдаланбауы -
      шағын және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Отандық астық өндірушілердің мемлекеттік астық ресурстарын қалыптастыру жөніндегі міндеттемені орындамауы -
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 309-1-бап жаңа редакцияда - ҚР 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), өзгеріс енгізілді - 2009.12.11 N 229-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

      309-2-бап. Тұқым шаруашылығы саласындағы кәсiпкерлiк
                 қызметтi жүзеге асыру кезiндегi құқық
                 бұзушылық

      1. Егiске арналған тұқымды өндiру, өткiзу және пайдалану жөнiндегi қызметтi Қазақстан Республикасының заңдарында белгiленген тәртiптi бұза отырып жүзеге асыру, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан жиырма беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бестен елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Тұқымдардың сорттық және егiстiк сапаларын айқындау жөнiнде қызмет көрсетушi аттестатталған жеке және заңды тұлғалардың тұқым сапасына сараптама жөнiндегi нормативтiк құқықтық актiлердiң талаптарын бұзуы, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Аттестатталған жеке және заңды тұлғалардың тұқым шаруашылығы саласындағы қызметке қойылатын заңдарда белгiленген бiлiктiлiк талаптарын бұзуы, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырма бестен елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер, -
      субъектiлердiң тұқым шаруашылығы саласындағы қызметтi жүзеге асыру құқығын куәландыратын аттестаттау туралы куәлiгiнен айыруға әкеп соғады.
      Ескерту. 309-2-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      309-3-бап. Фитосанитариялық есепке алу мен есептiлiктi
                  жүзеге асыру тәртiбiн бұзу

       Фитосанитариялық   есептiлiктi табыс етпеу, сол сияқты уақтылы табыс етпеу, -
      жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - он бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 309-3-баппен толықтырылды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      309-4-бап. Қазақстан Республикасының мақта саласын
                дамыту туралы заңнамасын бұзу
 
       1. Мақта өңдеу ұйымдарының мақтамен жүргізілген операциялар көрсетілетін құжаттарды есепке алу мен сақтаудың белгіленген тәртібін бұзуы, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің оннан он беске дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елуден жетпіске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Мақта талшығының тиісті сапа паспортынсыз мақта талшығын өткізу, -
      жеке тұлғаларға - бес, дара кәсіпкерлерге - он, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Облыстардың, республикалық маңызы бар қалалардың және астананың жергілікті атқарушы органдарының Қазақстан Республикасының мақта саласын дамыту туралы заңнамасын анықталған бұзушылықтарды жою туралы жазбаша нұсқамаларын нұсқамада белгіленген мерзімдерде орындамау не тиiсiнше орындамау –
      жеке тұлғаларға айлық есептік көрсеткіштің оннан жиырмаға дейінгі, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - отыздан елуге дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүзден жүз жиырмаға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Мақта қолхаттары бойынша міндеттемелерді орындауға кепілдік беру жүйесіне қатысудан жалтару, -
      лицензияның қолданысы тоқтатыла тұрып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің отыздан елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүзден жүз жиырмаға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Мақта өңдеу ұйымдарының Қазақстан Республикасының мақта саласын дамыту туралы заңында тыйым салынған кәсіпкерлік қызметті жүзеге асыруы, Қазақстан Республикасының мақта саласын дамыту туралы заңының талаптарын бұза отырып, үшінші тұлғалардың міндеттемелері бойынша кепілдіктер беруі және (немесе) өз мүлкін кепілге қоюы, сондай-ақ оларсыз мақта қолхаттарын беру арқылы қойма қызметі бойынша қызметтер көрсету жөніндегі қызметті жүзеге асыру мүлде мүмкін болмайтын немесе айтарлықтай нашарлайтын жағдайда, негізгі құрал-жабдықтарды мақта өңдеу ұйымының иеліктен шығаруы, -
      лицензияның қолданысы тоқтатыла тұрып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің жүзден жүз жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - екі жүз елуден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      6. Мақта қолхатын ұстаушылардың өтініштері бойынша мақта мөлшері мен сапасының көрсеткіштерін оларды құжаттамалық растау талабымен үнемі (қатарынан күнтізбелік алты ай ішінде екі және одан да көп) бұрмалау, -
      лицензияның қолданысы тоқтатыла тұрып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің елуден сексенге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүзден жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      7. Лицензиаттың лицензия алу кезінде көрінеу жалған ақпарат беруі, -
      лицензияның қолданысы тоқтатыла тұрып, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің жиырмадан отызға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - елуден жетпіске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      8. Мақта өңдеу ұйымын уақытша басқарған кезеңде уақытша басқару жөніндегі комиссия мүшелерінің немесе уақытша әкімшіліктің Қазақстан Республикасының мақта саласын дамыту туралы заңын бұзуы, -
      жеке және лауазымды тұлғаларға айлық есептік көрсеткіштің елуден сексенге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - сексеннен жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз елуден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      9. Лицензияның қолданысы тоқтатыла тұру мерзімі өткен соң, осы баптың төртінші, бесінші, алтыншы, жетінші бөліктерінде көзделген әкімшілік жауаптылыққа әкеп соққан бұзушылықтарды жоймау лицензиядан айыруға әкеп соғады.
      Ескерту. 309-4-баппен толықтырылды - ҚР 2007.07.21 N 299 Заңымен; өзгерістер енгізілді - ҚР 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі); 04.07.2013 № 131-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      309-5-бап. Азық-түлік тауарларының өңірлік тұрақтандыру
                қорларын қалыптастыру және пайдалану кезінде
                Қазақстан Республикасы заңнамасының талаптарын
                бұзу

      1. Азық-түлік тауарларының өңірлік тұрақтандыру қорларын нысаналы пайдаланбау, егін жинау кезеңінде өсімдік шаруашылығы өнімдері бойынша тауар интервенцияларын жүзеге асыру, сондай-ақ азық-түлік тауарларының өңірлік тұрақтандыру қорларын қалыптастыру және пайдалану қағидаларын сақтамау -
      лауазымды адамдарға – айлық есептік көрсеткіштің елуден бір жүзге дейінгі мөлшерінде, заңды тұлғаларға бір жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Азық-түлік тауарларының өңірлік тұрақтандыру қорына азық-түлік тауарларын сатып алу және оларды азық-түлік тауарларының өңірлік тұрақтандыру қорынан өткізу кезінде тіркелген бағаларды сақтамау -
      заңды тұлғаларға айлық есептік көрсеткіштің бір жүз елуден екі жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 20-тарау 309-5-баппен толықтырылды - 2012.07.10 N 33-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      310-бап. Қазақстан Республикасының ветеринария саласындағы
                заңнамасын бұзу

      1. Қазақстан Республикасының ветеринария саласындағы заңнамасын:
      1) карантин мен шектеу іс-шараларының шарттары мен талаптарын сақтамау;
      2) ветеринариялық (ветеринариялық-санитариялық) қағидаларды, талаптарды және ветеринариялық нормативтерді:
      мемлекеттiк ветеринариялық-санитариялық бақылауға және қадағалауға жататын, орны ауыстырылатын (тасымалданатын) объектiлердi күтіп-ұстауға, өсiруге, пайдалануға, өндiруге, дайындауға (союға), сақтауға, қайта өңдеуге және өткiзуге байланысты мемлекеттiк ветеринариялық-санитариялық бақылау және қадағалау объектілерін орналастыру, салу, реконструкциялау және пайдалануға беру кезiнде;
      зообақтардағы, цирктердегi, омарталардағы, аквариумдардағы жануарларды қоса алғанда, жануарларды асырау, өсiру және пайдалану;
      ішкі сауда объектілерінде; жануарларды өсіруді, жануарларды, жануарлардан алынатын өнімдер мен шикізатты дайындауды (союды), сақтауды, қайта өңдеуді және өткізуді жүзеге асыратын өндіріс объектілерінде; ветеринариялық препараттарды, жемшөп пен жемшөп қоспаларын өндіру, сақтау және өткізу жөніндегі ұйымдарда қызметті жүзеге асыру кезінде;
      мемлекеттiк ветеринариялық-санитариялық бақылауға және қадағалауға жататын, орны ауыстырылатын (тасымалданатын) объектiлердi Қазақстан Республикасының аумағында тасымалдауды (орнын ауыстыруды) жүзеге асыру кезiнде сақтамау;
      3) Қазақстан Республикасының аумағын басқа мемлекеттерден жануарлардың жұқпалы және экзотикалық ауруларының әкелінуі мен таралуынан қорғау туралы нормативтiк құқықтық актiлердiң талаптарын сақтамау;
      4) кейін өткізуге арналған ауыл шаруашылығы жануарларын союдың шарттары мен талаптарын сақтамау;
      5) тіркеу сынақтарын жүргізу үшін ветеринариялық препараттарды, жемшөп қоспаларын қажетті көлемде өндіру, әкелу (импорт) жағдайларын қоспағанда, оларды мемлекеттік тіркеусіз өндіруді, әкелуді (импортын), өткізуді және қолдануды (пайдалануды) жүзеге асыру түрінде жасалған бұзушылық –
      жеке тұлғаларға – он, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
      жеке тұлғаларға – жиырма, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсiпкерлiк субъектiлерiне – бір жүз, ірі кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Ветеринариялық іс-шараларды өткізбеу немесе тиісті түрде өткізбеу, сондай-ақ оларды өткізу мерзімдерін бұзу –
      жеке тұлғаларға – бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
      жеке тұлғаларға – он, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсiпкерлiк субъектiлерiне – бір жүз, ірі кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Ауыл шаруашылығы жануарларын бірдейлендіруді қамтамасыз етпеу –
      лауазымды адамдарға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
      лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Жергілікті атқарушы органдардың Қазақстан Республикасының ветеринария саласындағы заңнамасымен өздеріне жүктелген функцияларды орындамауы –
      жергілікті атқарушы органдардың лауазымды адамдарына жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Осы баптың жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
      жергілікті атқарушы органдардың лауазымды адамдарына елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      9. Жергілікті атқарушы органдардың ветеринария саласындағы қызметті жүзеге асыратын бөлімшелеріне, жергілікті атқарушы органдар құрған мемлекеттiк ветеринариялық ұйымдарға, мемлекеттiк ветеринариялық-санитариялық бақылау және қадағалау органдарына:
      1) жаңадан сатып алынған жануар (жануарлар), алынған төл, оның (олардың) сойылғаны және өткізілгені;
      2) жануарлар қырылған, бiрнеше жануар бiр мезгiлде ауырған немесе олар әдеттен тыс мiнез көрсеткен жағдайлар туралы хабарламау және ауру деп күдiк келтiрiлген кезде, ветеринария саласындағы мамандар, мемлекеттiк ветеринариялық-санитариялық инспекторлар келгенге дейiн жануарларды оқшаулап ұстау жөнінде шаралар қолданбау –
      жеке тұлғаларға – ескерту жасауға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      10. Осы баптың тоғызыншы бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
      жеке тұлғаларға – бес, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсiпкерлiк субъектiлерiне – бір жүз, ірі кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      11. Ветеринариялық құжаттарды беру тәртібін және олардың бланкілеріне қойылатын талаптарды бұзу –
      лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      12. Осы баптың он бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
      лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      13. Ветеринария саласындағы мамандардың қызметтiк мiндеттерiн орындауы кезінде оларға ветеринариялық іс-шаралар өткізу жөнінде жәрдем көрсетпеу –
      жеке тұлғаларға – бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      14. Жануарларды карантиндеу қағидаларын бұзу –
      жеке тұлғаларға – бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      15. Эпизоотияның таралуына немесе өзге де ауыр салдарларға әкеп соқпаған, эпизоотияға қарсы күрес мәселелерi жөнiндегі нормативтiк құқықтық актiлердi, сондай-ақ ветеринария саласындағы өзге де нормативтiк құқықтық актiлердi бұзу –
      жеке тұлғаларға – он, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      16. Осы баптың он үшінші, он төртінші және он бесінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
      жеке тұлғаларға – жиырма, лауазымды адамдарға, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсiпкерлiк субъектiлерiне – бір жүз, ірі кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 310-бап жаңа редакцияда - ҚР 17.01.2014 № 165-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      310-1-бап. Қазақстан Республикасының асыл тұқымды мал
                  шаруашылығы туралы заңнамасын бұзу

      1. Қазақстан Республикасының асыл тұқымды мал шаруашылығы туралы заңнамасын:
      1) асыл тұқымды мал шаруашылығы саласындағы субъектілердің бағалаудан өтпеген асыл тұқымдық өнімді (материалды) өткізуі;
      2) асыл тұқымды мал шаруашылығы саласындағы субъектілердің асыл тұқымдық куәлік берусіз асыл тұқымдық өнімді (материалды) өткізуі;
      3) асыл тұқымды мал шаруашылығы саласындағы субъектілердің деректер есебін жүргізуден бас тартуы және есептілік бермеуі;
      4) асыл тұқымды мал шаруашылығы саласындағы субъектілердің асыл тұқымды мал шаруашылығы жөніндегі мемлекеттік инспекторлардың актілерін орындамауы;
      5) асыл тұқымды мал шаруашылығы саласындағы субъектілердің Қазақстан Республикасының асыл тұқымды мал шаруашылығы туралы заңнамасында белгіленген тәртіппен тіркелмеген асыл тұқымды малдан алынған ұрықтар мен эмбриондарды пайдалануы;
      6) асыл тұқымды мал шаруашылығы саласындағы субъектілердің бағалаудан өтпеген асыл тұқымды малды өз төлiнен өсiру мақсатында пайдалануы;
      7) асыл тұқымды мал шаруашылығы саласындағы субъектілердің асыл тұқымды малды бағалау нәтижелерін бұрмалауы;
      8) алып тасталды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен;
      9) алып тасталды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен;
      10) асыл тұқымды малдың мемлекеттік тіркелімінде тіркеу үшін жеке және заңды тұлғалардың бюджет қаражаты есебінен сатып алынған асыл тұқымды мал туралы деректер беруден бас тартуы;
      11) жеке және заңды тұлғалардың өсіру мақсатында бюджет қаражаты есебінен сатып алынған асыл тұқымды малды пайдалану тәртібін бұзуы;
      12) жергілікті атқарушы органдардың Қазақстан Республикасының асыл тұқымды мал шаруашылығы туралы заңнамасымен өздеріне жүктелген функцияларды тиісінше не уақтылы орындамауы түрінде жасалған бұзушылық –
      жеке тұлғаларға – он, лауазымды тұлғаларға, жеке кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      1-1. Асыл тұқымды мал шаруашылығы саласындағы қызметті жүзеге асырушы жеке және заңды тұлғалардың «Асыл тұқымды мал шаруашылығы туралы» Қазақстан Республикасының Заңында белгіленген хабарлама жасауға жататын міндеттерді сақтамауы –
      асыл тұқымды мал шаруашылығы саласындағы субъектілердің қызметін тоқтата тұрып не онсыз, жеке тұлғаларға – он, лауазымды адамдарға, дара кәсіпкерлерге, шағын және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған, осы баптың бiрiншi және 1-1-бөлiктерiнде көзделген іс-әрекеттер (әрекетсiздiк), сол сияқты осы баптың бiрiншi және 1-1-бөлiктерiнде көзделген, әкiмшiлiк жауаптылыққа тартуға әкеп соққан бұзушылықтарды жоймау –
      асыл тұқымды мал шаруашылығы саласындағы қызметке тыйым салуға әкеп соғады.
      Ескерту. Кодекс 310-1-баппен толықтырылды - ҚР 2012.01.12 N 540-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен, өзгерістер енгізілді - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 03.07.2013 № 124-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      311-бап. Иттер мен мысықтарды асырау және серуендету
                қағидаларын, қаңғыбас иттер мен мысықтарды аулау
                және жою қағидаларын бұзу

      1. Облыстардың, республикалық маңызы бар қалалардың, астананың жергiлiктi өкiлдi органдары белгiлеген, қалаларда және басқа да елдi мекендерде иттер мен мысықтарды асырау және серуендету қағидаларын, қаңғыбас иттер мен мысықтарды аулау және жою қағидаларын бұзу –
      ескерту жасауға немесе үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Жеке тұлғалардың денсаулығына немесе мүлкiне залал келтiруге әкеп соққан нақ сол әрекеттер –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 311-бап жаңа редакцияда - ҚР 17.01.2014 № 165-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

  20-1-тарау. Білім беру, дене шынықтыру және спорт саласындағы әкімшілік құқық бұзушылықтар

      Ескерту. 20-1-тараумен толықтырылды - ҚР 2007.07.27. N 320 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      Ескерту. 20-1-тараудың тақырыбы жаңа редакцияда - ҚР 03.07.2014 N 229-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      311-1-бап. Қазақстан Республикасының білім беру
                 саласындағы заңнамасын бұзу
 
       1. Педагог қызметкердің міндеттерін және педагогтік әдеп нормаларын орындамауы немесе тиісінше орындамауы, -
      жеке тұлғаларға - айлық есептік көрсеткіштің үштен беске дейінгі мөлшерінде, лауазымды адамдарға бестен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Ата-аналардың немесе өзге де заңды өкілдердің Қазақстан Республикасының білім беру саласындағы заңнамасында көзделген міндеттерді орындамауы немесе тиісінше орындамауы, -
      жеке тұлғаларға - айлық есептік көрсеткіштің үштен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Білім беру ұйымы басшысының немесе өзге де лауазымды адамының міндеттеріне ұқыпсыз немесе адал қарамауының салдарынан оларды орындамауы немесе тиісінше орындамауы, егер бұл оқыту және тәрбиелеу процесінде білім беру ұйымдары тәрбиеленушілерінің, білім алушылары мен қызметкерлерінің денсаулығына жеңіл нұқсан келтірсе, -
      лауазымды адамдарға айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Лицензиаттың білім беру ұйымдарына қабылдаудың үлгі ережелерін, білім беру ұйымдары қызметінің үлгі ережелерін, білім алушыларды ауыстыру және оқуына қайта қабылдау ережелерін бұзуы, -
      лицензияның қолданылуы тоқтатыла тұрып, лауазымды адамдарға - айлық есептік көрсеткіштің жиырмадан елуге дейінгі, заңды тұлғаларға жетпістен жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Білім беру ұйымдарында саяси партиялардың ұйымдық құрылымдарын құру және олардың қызметі, -
      лауазымды адамдарға - айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде, заңды тұлғаларға елуден жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      6. Берілетін білім беру қызметтерінің білім берудің мемлекеттік жалпыға міндетті стандарттарының талаптарына сәйкес келмеуі, сондай-ақ білім берудің мемлекеттік жалпыға міндетті стандарттарын өзгеше бұзу, -
      лицензияның қолданылуы тоқтатыла тұрып, лауазымды адамдарға - айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде, заңды тұлғаларға елуден жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      7. Осы баптың бірінші-алтыншы бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік), -
      лицензиядан айырып, жеке тұлғаларға айлық есептік көрсеткіштің - оннан он беске дейінгі, лауазымды адамдарға - елуден жүзге дейінгі, заңды тұлғаларға жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 311-1-бапқа өзгеріc енгізілді - ҚР 2011.10.11 № 484-ІV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      311-2-бап. Қазақстан Республикасының дене шынықтыру және
                  спорт саласындағы заңнамасын бұзу

      1. Сабақтар мен жарыстар өткізетін орындарды спорттық мүкәммалмен және жабдықпен қамтамасыз ету жөніндегі талаптарды сақтамау –
      заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мемлекет меншігіндегі дене шынықтыру-сауықтыру, спорт ғимараттарын оларға тең дене шынықтыру-сауықтыру, спорт ғимараттарын құрмай тұрып жою, олардың нысаналы және функционалдық мақсатын өзгерту – лауазымды адамдарға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 20-1-тарау 311-2-баппен толықтырылды - ҚР 03.07.2014 N 229-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      311-3-бап. Қазақстан Республикасының спорттық медицина
                  саласындағы заңнамасын бұзу

      1. Спорттық іс-шаралардың қатысушыларын медициналық көмекпен қамтамасыз ету және нормативтік талаптарға сәйкес медициналық тексеруден өтпеген спортшыларға рұқсат беру жөніндегі талаптарды сақтамау – заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет – бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 20-1-тарау 311-3-баппен толықтырылды - ҚР 03.07.2014 N 229-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

21-тарау. ҚОҒАМДЫҚ ҚАУIПСIЗДIККЕ ЖӘНЕ ХАЛЫҚТЫҢ ДЕНСАУЛЫҒЫНА
ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      312-бап. Өрт қауiпсiздiгi қағидаларын бұзу немесе
                орындамау

      1. Ұйымдарда, қоғамдық орындарда, қойма үй-жайларында, жатақханаларда және тұрғын үйлерде ғимараттар мен құрылыстарды жобалау, салу кезiнде өрт қауiпсiздiгi қағидаларында, техникалық регламенттерде, құрылыс нормалары мен қағидаларында, мемлекеттiк стандарттарда көзделген өртке қарсы талаптарды, сондай-ақ өрт сөндіру техникасын, өртке қарсы құрал-сайманды, жабдықты, өрттi табу мен сөндірудің автоматты құралдарын, өртке қарсы автоматиканы пайдалану мен күтiп-ұстау қағидаларын бұзу немесе орындамау -
      жеке тұлғаларға – үш, лауазымды адамдарға, дара кәсiпкерлерге, шағын, орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жиырма бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет -
      жеке тұлғаларға – он, лауазымды адамдарға, дара кәсіпкерлерге, шағын, орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 312-бап жаңа редакцияда - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      312-1-бап. Қазақстан Республикасының өрт қауіпсіздігі
                  саласындағы заңнамасын қатерлерге тәуелсіз
                  бағалау жүргізу кезінде бұзу

      Ескерту. 312-1-бап алып тасталды - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      313-бап. Өрт қауіпсіздігі талаптарына сай келмейтін
                жарылу-өрт қаупі және өрт қаупі бар өнімді
                шығару және өткізу

      Өрт қауіпсіздігі талаптарына сай келмейтін жарылу-өрт қаупі және өрт қаупі бар өнімді шығару және өткізу, егер бұл абайсызда денсаулыққа ауыр немесе ауырлығы орташа зиян және (немесе) жеке тұлғаға немесе заңды тұлғаға не мемлекетке ірі көлемде нұқсан келтіруге әкеп соқпаса -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – айлық есептiк көрсеткiштің отыздан елуге дейiнгi мөлшерінде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiстен бір жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Осы Кодекстің осы бабына қатысты әкімшілік құқық бұзушылық жасаған кездегі бір жүз айлық есептік көрсеткіштен асатын сома ірі көлемдегі нұқсан деп танылады.
      Ескерту. 313-бап жаңа редакцияда - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       314-бап. Су айдындарында қауiпсiздiк ережелерiн бұзу
                немесе орындамау

       1. Су айдындарында қауiпсiздiк ережелерiнiң сақталуына жауапты адамның оларды бұзуы немесе орындамауы, егер бұл адам денсаулығына зиян немесе елеулi залал келтiрсе, қылмыс белгiлерi болмаған кезде, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырықтан алпысқа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 314-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       315-бап. Атом энергиясын пайдалану кезiнде
               радиациялық қауiпсiздiк талаптарын бұзу

      Уәкiлеттi мемлекеттiк органдар белгiлеген деңгейден жоғары мөлшерде атмосфераға, сулы ортаға және жер қойнауына радиоактивтi заттарды негiзсiз немесе әдейi шығарса; сәулеленуге ұшыраған немесе радиоактивтiк заттары бар өнiмдер мен материалдарды халықтың пайдалануы мен тұтынуы мақсатында осыған уәкiлеттi мемлекеттiк органдардың рұқсатынсыз шаруашылық айналымына тарту; тиiстi дайындықтан өтпеген не олардың бiлiктiлiгiн көрсететiн құжаттары жоқ адамдарды, сондай-ақ он сегiз жасқа толмаған немесе медициналық жағынан рұқсат етiлмейтiн адамдарды атом энергиясын пайдалану объектiсiндегi жұмысқа жiберу; радиоактивтiк заттар мен иондалған сәулелендiру көздерiн есепке алуды және бақылау жасауды қамтамасыз ету жөнiндегi талаптарды бұзу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға - айлық есептік көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға не атом энергиясын пайдалану саласында қызметтiң белгiлi бiр түрiне берiлген лицензиядан айыруға әкеп соғады.
      Ескерту. 315-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      316-бап. Ядролық қаруды таратпау режимiнiң
               талаптарын бұзу

      Ядролық экспорт пен импорттың белгiленген тәртiбiн бұзу, ядролық материалдарды, атом энергиясын пайдалану объектiлерiн физикалық қорғауды қамтамасыз ету жөнiндегi талаптарды бұзу; ядролық материалдарды есепке алу мен бақылауды қамтамасыз ету жөнiндегi талаптарды бұзу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға не атом энергиясын пайдалану саласында қызметтiң белгiлi бiр түрiне берiлген лицензиядан айыруға әкеп соғады.
      Ескерту. 316-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      317-бап. Қазақстан Республикасының техникалық реттеу
               саласындағы заңнамасын бұзу

      1. Қазақстан Республикасының техникалық реттеу саласындағы заңнамасын:
      1) техникалық регламенттердің талаптарына сәйкес келмейтін өнімді шығару және өткізу;
      2) стандарттау жөніндегі нормативтік құжаттың талаптарына сәйкес келмейтін өнімді көтерме немесе бөлшек саудаға, нарықтарға шығару;
      3) сәйкестiк сертификаты, сәйкестік белгісі немесе сәйкестiк туралы декларациясы болмаған, сондай-ақ олар қолдан жасалған, қолданылу мерзiмi өтіп кеткен немесе тоқтатыла тұрған жағдайда, сәйкестiгi мiндеттi расталуға жататын өнімді импорттау және (немесе) өткiзу;
      4) сәйкестікті растау және аккредиттеу жөніндегі жұмыстарды жүргізу тәртібін бұзу;
      5) сәйкестiк сертификатын негiзсiз беру немесе қолданылуын растау, сол сияқты сәйкестiк туралы декларацияны, өтініш-декларацияны негiзсiз қабылдау немесе тiркеу;
      6) мемлекеттiк техникалық реттеу жүйесiнде сәйкестiктi растау саласындағы жұмыстарды аккредиттеусіз жүзеге асыру түрінде жасалған бұзушылық, -
      аккредиттеу аттестатын, сәйкестікті растау, аккредиттеу жөніндегі сарапшы-аудиторлардың аттестаттарын алты ай мерзімге тоқтата тұрып, жеке тұлғаларға - отыз, лауазымды адамдарға, дара кәсіпкерлерге - елу, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 317-бап жаңа редакцияда - ҚР 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      317-1-бап. Өнімнің жекелеген түрлерінің қауіпсіздігін
                  қамтамасыз ету саласындағы заңнаманы бұзу
 
      Субъектінің тамақ өнімдерініңхимиялық өнімдердіңмашиналар мен жабдықтардыңойыншықтардың қауіпсіздігі туралы заңнамалық актілерде және техникалық регламенттерде белгіленген қауіпсіздік талаптарына сәйкес келмейтіндігі анықталған кезден бастап өнімдердің өмірлік циклі процестерін жүзеге асыруын тоқтатпауы, сол сияқты мемлекеттік органдардың қауіпсіздікті қамтамасыз ету мәселелері жөніндегі нұсқауларын орындамауы, -
      қызметі тоқтатыла отырып немесе онсыз, өнім тәркілене отырып немесе онсыз, жеке тұлғаларға - айлық есептік көрсеткіштің жүз елуден жүз алпысқа дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық ұйымдар болып табылатын заңды тұлғаларға - үш жүзден үш жүз онға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың бес жүзден бір мың алты жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту.
      Осы бапқа қатысты тамақ өнімдерінің, химиялық өнімдердің, машиналар мен жабдықтардың, ойыншықтардың қауіпсіздігі туралы заңнамалық актілерге сәйкес өнімдердің қауіпсіздігіне жауапты тұлғалар субъектілер деп танылады.
      Ескерту. 317-1-баппен толықтырылды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       317-2-бап. Тауардың шығарылуы туралы сертификатты және
                 Кеден одағының тауары немесе шетел тауары
                 нысандарының қорытындысын беру тәртібін бұзу

      1. Тауардың шығарылған елiн, Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау жөнiндегі сарапшы-аудиторлардың тауар туралы деректерi бұрмаланған және (немесе) анық емес, тауардың шығарылуы туралы, Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау туралы сараптама актілерін жасауы және оларды сараптама ұйымының беруі, -
      тауардың шығарылған елiн, Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау жөнiндегi сарапшы-аудиторлардың аттестаттарын алты ай мерзімге тоқтата тұрып, тауардың шығарылған елiн, Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау жөнiндегi сарапшы-аудиторларға - он айлық есептiк көрсеткiш мөлшерiнде, қызметін алты ай мерзімге тоқтата тұрып, сараптама ұйымдарына отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Тауардың шығарылуы туралы тиiсінше ресiмделген сараптама актiсi және техникалық реттеу саласындағы уәкiлеттi орган бекiтетін тiзбе бойынша тауардың шығарылуын растайтын құжаттар, ішкі айналымға арналған тауардың шығарылуын растайтын құжаттар ұсынылған жағдайда, тауардың шығарылуы туралы сертификат беруден бас тарту немесе Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау туралы тиісінше ресімделген сараптама актісі және Кеден одағы тауарының немесе шетел тауарының мәртебесін растайтын мәліметтер, құжаттар ұсынылған жағдайда, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруден бас тарту –
      тауардың шығарылуы туралы сертификат беруге уәкілеттік берілген ұйымға, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік берілген органдарға (ұйымдарға) елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Тауар туралы деректер бұрмаланған және (немесе) анық емес, уәкілетті ұйымның тауардың шығарылуы туралы сертификатты, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік берілген органдардың (ұйымдардың) ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруі –
      тауардың шығарылуы туралы сертификат беруге уәкілеттік берілген ұйымға, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік берілген органдарға (ұйымдарға) отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Уәкілетті ұйымның, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік берілген органдардың (ұйымдардың) тауардың шығарылуы туралы сертификатты, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын, сондай-ақ оларды беруден бас тарту туралы жазбаша дәлелдi шешiмді беру мерзімін бұзуы -
      сертификат беруге уәкілеттік берілген ұйымға, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік берілген органдарға (ұйымдарға) отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Бұрмаланған және (немесе) анық емес: тауардың шығарылуы туралы сертификат алу үшiн техникалық реттеу саласындағы уәкiлеттi орган бекiтетін тiзбе бойынша тауардың шығарылуын растайтын құжаттарды, ішкі айналымға арналған тауардың шығарылуы туралы сертификат алу үшін ішкі айналымға арналған тауардың шығарылуын растайтын құжаттарды, сондай-ақ Кеден одағының тауары немесе шетел тауары нысандарының қорытындыларын алу үшін Кеден одағы тауарының немесе шетел тауарының мәртебесін растайтын мәліметтерді, құжаттарды ұсыну, -
      дара кәсiпкерлерге – он, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Осы баптың бiрiншi, екiншi, үшiншi және төртiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсіздік) -
      тауардың шығарылған елін, Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау жөнiндегi сарапшы-аудиторлардың аттестаттарынан айыра отырып, тауардың шығарылған елін, Кеден одағы тауарының немесе шетел тауарының мәртебесін айқындау жөнiндегi сарапшы-аудиторларға - қырық айлық есептiк көрсеткiш мөлшерiнде, сертификат беруге уәкілеттік берілген ұйымға, ішкі айналымға арналған тауардың шығарылуы туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік берілген органдарға (ұйымдарға) – бір жүз айлық есептiк көрсеткiш мөлшерiнде, сараптама ұйымдарына қызметін алты ай мерзімге тоқтата тұрып, бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 21-тарау 317-2-баппен толықтырылды - ҚР 2009.07.11. N 184-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз); жаңа редакцияда - ҚР 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 04.07.2013 № 130-V (алғашқы ресми жарияланғанынан кейін бір жыл өткен соң қолданысқа енгізіледі) Заңымен.

      317-3-бап. Қазақстан Республикасының Мемлекеттік Туы мен
                 Қазақстан Республикасының Мемлекеттік
                 Елтаңбасын, сондай-ақ олар бейнеленген
                 материалдық объектілерді дайындау кезінде
                 ұлттық стандарттарды бұзу

      1. Ұлттық стандарттарға сәйкес келмейтін Қазақстан Республикасының Мемлекеттік Туы мен Қазақстан Республикасының Мемлекеттік Елтаңбасын, сондай-ақ олар бейнеленген материалдық объектілерді дайындау, -
      жеке тұлғаларға – елу, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға – сексен, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 21-тарау 317-3-баппен толықтырылды - ҚР 2012.06.28. N 24-V (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      317-4-бап. Қазақстан Республикасының өлшем бірлігін
                қамтамасыз ету туралы заңнамасын бұзу

      1. Қазақстан Республикасының өлшем бірлігін қамтамасыз ету туралы заңнамасын:
      1) өлшеп орау, сату және импорттау кезіндегі кез келген орамдағы өлшеп оралған тауарлар санының орамдарда белгіленген шамаға сәйкес келмеуіне жол беру;
      2) сауда операцияларын жасау кезінде иеліктен шығарылатын тауарлар салмағының, көлемінің, шығысының немесе олардың санын сипаттайтын басқа да шамалардың бақылау (тауар) чегінде немесе тексерілетін тауарлардың сатып алынғанын растайтын өзге де құжатта көрсетілген тауарлар санына сәйкес келмеуіне жол беру;
      3) аккредиттеусіз өлшем құралдарын салыстырып тексеру, өлшемді орындау әдістемелерін метрологиялық аттестаттау;
      4) түрін бекіту мақсаты үшін сынақтан немесе метрологиялық аттестаттаудан, сондай-ақ салыстырып тексеруден өтпеген және (немесе) өлшем бірлігін қамтамасыз етудің мемлекеттік жүйесінің тізіліміне енбеген, мемлекеттік метрологиялық бақылауға жататын өлшем құралдарын және стандарттық үлгілерді айналымға шығару, қолдану, өткізу және жарнамалау;
      5) мемлекеттік метрологиялық бақылауға жататын және метрологиялық аттестаттаудан және өлшем бірлігін қамтамасыз етудің мемлекеттік жүйесінің тізілімінде тіркеуден өтпеген өлшемдерді орындау әдістемелерін қолдану түрінде жасалған бұзушылық, –
      аккредиттеу аттестатын, өлшем бірлігін қамтамасыз ету саласындағы техникалық сарапшы сертификатын, салыстырып тексеруші сертификатын алты ай мерзімге тоқтата тұрып, жеке тұлғаларға – отыз, лауазымды адамдарға, дара кәсіпкерлерге – елу, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының өлшем бірлігін қамтамасыз ету туралы заңнамасы талаптарының сақталуына мемлекеттік бақылауды жүзеге асыратын органдардың нұсқамаларын орындамау не тиісінше орындамау, –
      аккредиттеу аттестатынан, өлшем бірлігін қамтамасыз ету саласындағы техникалық сарапшы сертификатынан, салыстырып тексеруші сертификатынан айыра отырып, жеке тұлғаларға – отыз, лауазымды адамдарға, дара кәсіпкерлерге – алпыс, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер (әрекетсіздік), –
      аккредиттеу аттестатынан, өлшем бірлігін қамтамасыз ету саласындағы техникалық сарапшы сертификатынан, салыстырып тексеруші сертификатынан айыра отырып, жеке тұлғаларға – қырық бес, лауазымды адамдарға, дара кәсіпкерлерге – жүз, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 21-тарау 317-4-баппен толықтырылды - ҚР 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       318-бап. Жабайы өскен сораны жоюға шара қолданбау

      Ауыл шаруашылығы дақылдары егiстiктерiнде, бақшаларда, жүзiмдiктерде, питомниктер мен саябақтарда, егiн алқабының, суландыру және ирригациялық-мелиоративтiк желiлердiң жиегiнде, тас және темiр жолдардың оқшау белдеулерiнде, ұйымдардың аумақтарында, қалалар, поселкелер мен басқа да елдi мекендер тұрғындарының жер учаскелерiнде, сондай-ақ мемлекеттiк орман және су қорлары, мемлекеттiк қор және ұйғарымнан кейiн ұйымдарға бекiтiлiп берiлген жерлерiнде жабайы өскен сораны жоюға шара қолданбау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiстен жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 318-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       319-бап. Құрамында есiрткi бар өсiмдiктер өсетiн
               егiстiктi күзетудi қамтамасыз етуге
               шаралар қолданбау

      Құрамында есiрткi заттары бар сора, көкнәр немесе басқа өсiмдiктер егiстiктерiн, осы дақылдардың өнiмдерiн сақтау мен қайта өңдеу орындарын күзетудiң белгiленген режимiн қамтамасыз етуге шаралар қолданбау, сол сияқты құрамында есiрткi заттары бар бастырудан қалған егiстiктердi және өндiрiс қалдықтарын жоюға шаралар қолданбау, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 319-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       319-1-бап. Есірткіні, психотроптық заттарды және
                  прекурсорларды өткізудің және медициналық
                  емес тұрғыдан тұтынудың жолын кесуге шаралар
                  қолданбау

      1. Ойын-сауық мекемесінің, сондай-ақ білім беру ұйымының лауазымды адамының және (немесе) иесінің есірткіні, психотроптық заттарды және прекурсорларды өткізудің және (немесе) медициналық емес тұрғыдан тұтынудың жолын кесуге шаралар қолданбауы -
      лауазымды адамдарға және (немесе) қызметі тоқтатыла отырып, дара кәсіпкерлерге айлық есептік көрсеткіштің елуден жүз елуге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүзден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жеті жүзден бір мыңға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздіктер), -
      лауазымды адамдарға және (немесе) дара кәсіпкерлерге дара кәсіпкерлік қызметіне тыйым салына отырып, айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға заңды тұлға қызметіне тыйым салына отырып - айлық есептік көрсеткіштің үш жүз елуден төрт жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға заңды тұлға қызметіне тыйым салына отырып - айлық есептік көрсеткіштің бір мың бес жүзден екі мыңға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Осы Кодексте аталған ойын-сауық мекемелеріне көңіл көтеру-демалу, театр-ойын-сауығы, спорт, мәдени-демалу мақсаттарында қызмет көрсететін ойын мекемелері, түнгі клубтар, кафе-барлар, мейрамханалар, интернет-кафелер, компьютер, бильярд, боулинг-клубтары мен кинотеатрлар, театр-ойын-сауық мақсаттарындағы объектілер және өзге де үйлер, мекен-жайлар, ғимараттар жатады.
      Ескерту. 319-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05 N 506 , өзгерту енгізілді - 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2008.06.27 N 50-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      320-бап. Өткiзу мақсатынсыз есiрткi құралдарымен,
               психотроптық заттармен және прекурсорлармен
               заңсыз айналысу

      1. Қылмыстық жаза қолданылатын әрекет белгiлерi жоқ есiрткi құралдарын, психотроптық заттарды және прекурсорларды өткiзу мақсатынсыз заңсыз түрде дайындау, қайта өңдеу, иемдену, сақтау, тасымалдау немесе салып жiберу, -
      жеке тұлғаларға айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде не он тәулікке дейінгі мерзімге әкімшілік қамауға, лауазымды адамдарға, дара кәсіпкерлерге - айлық есептік көрсеткіштің он бестен жиырмаға дейінгі мөлшерінде не он бес тәулікке дейінгі мерзімге әкімшілік қамауға, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға айлық есептік көрсеткіштің жиырма бестен отызға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - қырықтан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      1-1. Есiрткi құралдарын немесе психотроптық заттарды сату мақсатынсыз көп мөлшерде заңсыз иемденіп алу, тасымалдау немесе сақтау –
      жеке тұлғаларға айлық есептiк көрсеткiштiң екі жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      2. 16 жасқа дейiнгi кәмелетке толмағандар жасаған осы баптың бiрiншi бөлiгiнде көзделген iс-әрекеттер, -
      ата-аналарына немесе оларды алмастыратын адамдарға айлық есептiк көрсеткiштiң екiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Өткiзудi мақсат етпей өзi дайындаған, қайта өңдеген, иемденiп алған, сақтаған, тасымалдаған немесе салып жiберген есiрткi құралдарын, психотроптық заттарды немесе прекурсорларды өз еркiмен тапсырған адам жауаптылықтан босатылады.
      Ескерту. 320-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506 , 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2008.06.27 N 50-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      321-бап. Есiрткi құралдарын, психотроптық заттар мен
                прекурсорларды насихаттау және заңсыз
                жарнамалау

       1. Есiрткi құралдарын, психотроптық заттар мен прекурсорларды насихаттау, сол сияқты оларды заңсыз жарнамалау, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, шағын және орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден үш жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасында бақылауға жататын есiрткi құралдары, психотроптық заттар мен прекурсорлар тiзiмiне енген есiрткi құралдарын және психотроптық заттарды медицина және фармацевтика қызметкерлерiне арнап мамандандырылмаған баспа басылымдарында жарнамалау, сол сияқты құрамында есiрткi құралдары және психотроптық заттар бар дәрiлiк препараттар үлгiлерiн жарнамалау мақсатында тарату, -
      тиiстi қызмет түрiне берiлген лицензиядан айыра отырып не онсыз, лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - екi жүзден төрт жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден жетi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескертулер.
      1. Осы бапта есiрткi құралдарын, психотроптық заттар мен прекурсорларды насихаттау деп жеке және заңды тұлғалардың есiрткi құралдарын, психотроптық заттар мен прекурсорларды әзiрлеу, дайындау тәсiлдерi, әдiстерi туралы және оларды пайдалану, сатып алу орындары туралы мәлiметтердi таратуға, сондай-ақ кiтап өнiмдерiнiң, бұқаралық ақпарат құралдары өнiмдерiнiң өндiрiсiне және оны таратуға, аталған мәлiметтердi компьютер желiлерiнде таратуға немесе осы мақсатта да өзге де iс-әрекеттер жасауға бағытталған қызметiн түсiнген жөн.
      2. Осы бапта есiрткi құралдарын, психотроптық заттар мен прекурсорларды заңсыз жарнамалау деп жеке және заңды тұлғалардың адамның қабылдауы мен түйсiгiне ол сезiне алмайтындай әсер ететiн, оның есiрткi құралдарына, психотроптық заттар мен прекурсорларға қызығушылығын қалыптастыратын немесе қолдайтын кез келген ақпаратты кез келген құралдар көмегiмен кез келген нысанда тарату және орналастыру жөнiндегi қызметiн түсiнген жөн.
      Ескерту. 321-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      322-бап. Заңсыз медициналық және (немесе)
               фармацевтикалық қызмет

      1. Қызметтiң осы түрiне сертификаты және (немесе) лицензиясы жоқ тұлғаның заңсыз медициналық және (немесе) фармацевтикалық қызметпен айналысуы, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден беске дейiнгi мөлшерiнде, лауазымды адамдарға - бестен он беске дейiнгi мөлшерiнде, шағын және орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан елуге дейiнгi мөлшерiнде, iрi бизнес субъектiлерi болып табылатын заңды тұлғаларға елуден жетпiске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Тегiн медициналық көмектiң кепiлдi көлемiн көрсететiн денсаулық сақтау ұйымдарында оны ақылы негiзде көрсету, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға - жиырмадан отызға дейiнгi мөлшерiнде, шағын және орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, iрi бизнес субъектiлерi болып табылатын заңды тұлғаларға үш жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген әрекеттердi әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасау, -
      жеке тұлғаларға - маман сертификатынан айыра отырып, айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде, лауазымды адамдарға - алпыстан жетпiске дейiнгi мөлшерiнде, шағын және орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - сексеннен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кiрiстерi тәркiлене отырып, айлық есептiк көрсеткiштiң алты жүзден жетi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Жаппай емшілік сеанстарын (екі немесе одан да көп адам) өткізу, оның ішінде бұқаралық ақпарат құралдарын пайдалану арқылы өткізу –
      жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Заңнамада көзделген жағдайларды қоспағанда, дәрiлiк заттар тағайындауға уәкiлеттi медицина қызметкерлерiнiң сыйақы алу мақсатымен дәрiлiк заттар жарнамасына қатысуы, медицина қызметкерлерiнiң дәрiлiк заттарды жұмыс орнында сатуы, сондай-ақ белгiлi бiр дәрiхана ұйымдарына немесе өзге де ұйымдарға жiберу және олармен ынтымақтастықтың басқа да нысандары, -
      жеке тұлғаларға - маман сертификатынан айыра отырып, айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде, лауазымды адамдарға жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 322-бап жаңа редакцияда - ҚР 2006.07.07 N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - ҚР 2009.07.16 N 186-IV, 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       323-бап. Халықтың санитариялық-эпидемиологиялық
                салауаттылығы саласындағы заңнаманы, сондай-ақ
                гигиеналық нормативтердi бұзу

       1. Осы Кодекстің 317-1-бабында көзделген жағдайларды қоспағанда және абайсыздықтан жаппай ауруға немесе адамдардың улануына, немесе адам өлiмiне әкеп соқтырмаған, халықтың санитариялық-эпидемиологиялық салауаттылығы саласындағы нормативтiк құқықтық актiлердi, сондай-ақ гигиеналық нормативтердi бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, адамның денсаулығына зиян келтiруi мүмкiн iс-әрекет (әрекетсіздік), егер бұл әрекетте қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      қызметiн тоқтата тұрып не онсыз, жеке тұлғаларға - екi жүз, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 323-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      324-бап. Фармацевтикалық қызмет ережелерiн бұзу

      1. Дәрiлiк заттарды, медициналық мақсаттағы бұйымдар мен медициналық техниканы тiркеу және қайта тiркеу, өндiру және сапасын бақылау, сынау (зерттеу), сатып алу, тасымалдаусақтаутаңбалауөткiзу, қолдану, қамтамасыз етужоюжарнамалау ережелерiн бұзу, егер бұл адамның денсаулығына зиян келтiруге әкеп соқпаса, -
      фармацевтикалық қызметiн тоқтата тұрып, жеке тұлғаларға жетпiс, лауазымды адамдар мен дара кәсiпкерлерге - жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - екi жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
       2. Тiркелмеген, жалған, қолдануға рұқсат етiлмеген дәрiлiк  заттарды, медициналық мақсаттағы бұйымдар мен медициналық техниканы өндiру, сатып алу, тасымалдау, сақтау, өткiзу, жарнамалау, егер бұлар адамның денсаулығына зиян келтiруге әкеп соқпаса, -
      қызметiн тоқтата тұрып, әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болып табылатын дәрілік және оларға теңестірілген заттар, емдеу-профилактикалық тағам өнімдері мен азықтық қоспалар, сондай-ақ косметикалық заттар және әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кiрiстерi тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жүз, лауазымды адамдар мен дара кәсiпкерлерге - жүз елу, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - үш жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың бес жүз мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi немесе екiншi бөлiктерiнде көзделген, адамның денсаулығына зиян келтiруге әкеп соққан iс-әрекеттер, егер оларда қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болып табылатын дәрілік заттар, медициналық мақсаттағы бұйымдар мен медициналық техника, емдеу-профилактикалық тағам өнімдері мен азықтық қоспалар, сондай-ақ косметикалық заттар және әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кiрiстерi тәркiлене отырып, жеке тұлғаларға - екi жүз, лауазымды адамдар мен дара кәсiпкерлерге - үш жүз, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - төрт жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға, сондай-ақ олардың қызметiне тыйым салуға әкеп соғады.
      Ескерту. 324-бап жаңа редакцияда - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.16. N 186-IV Заңдарымен.

      324-1-бап. Заңсыз медициналық қызмет және есiрткi
                  құралдарын немесе психотроптық заттарды алуға
                  құқық беретiн рецептердi немесе өзге де
                  құжаттарды заңсыз беру не қолдан жасау

      Медициналық немесе фармацевтикалық қызметке сертификаты және (немесе) лицензиясы жоқ тұлғаның қызметтiң осы түрiмен айналысуы, егер бұл абайсызда адамның денсаулығына орташа ауырлықтағы зиян келтiруге әкеп соқса, –
      айлық есептiк көрсеткiштiң бір жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 21-тарау 324-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      324-2-бап. Есірткі құралдары, психотроптық заттар,
                  прекурсорлар айналымы саласындағы объектілер
                  мен үй-жайлардың техникалық нығайтылу
                  талаптарын бұзу

      1. Есірткі құралдары, психотроптық заттар, прекурсорлар айналымы саласындағы объектілер мен үй-жайлардың техникалық нығайтылу талаптарын бұзу –
      заңды тұлғаның қызметін тоқтата тұрып, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) –
      заңды тұлғаның қызметіне тыйым сала отырып, орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 21-тарау 324-2-баппен толықтырылды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      325-бап. Денсаулық сақтау саласындағы дәйексіз жарнама

      Медициналық қызметтер көрсетудің, профилактиканың, диагностиканың, емдеу мен медициналық оңалтудың әдістері мен құралдарының жарнамасын, сондай-ақ тағамға биологиялық активті қоспаларды мемлекеттік тіркеусіз олардың жарнамасын тиісті қызмет түрін жүзеге асыруға лицензиясы жоқ жарнама берушінің таратуы, егер бұл іс-әрекетте қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi, лауазымды адамдарға - жиырма беске дейiнгi, заңды тұлғаларға екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 325-бап жаңа редакцияда - ҚР 2006.07.07 N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2009.07.16 N 186-IV, 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

       326-бап. Қорғаныш тапшылығы вирусы инфекциясын
               жұқтырғандармен, ЖҚТБ-мен, соз ауруларымен,
               туберкулезбен ауыратындармен қатынаста болып
               жүрген, сондай-ақ дәрiгердiң тағайындауынсыз
               есiрткi құралдарын немесе психотроптық
               заттарды пайдаланушы адамдардың медициналық
               тексеруден және емделуден жалтаруы

      1. Денсаулық сақтау мекемесiнiң жазбаша түрде жасаған ескертуiнен кейiн де қорғаныш тапшылығы вирусы инфекциясын жұқтырғандармен, ЖҚТБ-мен, соз ауруларымен, туберкулезбен ауыратындармен қатынаста болуды жалғастырып жүрген адамдардың медициналық тексеруден және емделуден жалтаруы, -
      айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Маскүнемдiкпен, нашақорлықпен және уытқұмарлықпен ауырады деп танылған не дәрiгердiң тағайындауынсыз есiрткi құралдарын немесе психотроптық заттарды пайдаланып жүргенi туралы жеткiлiктi деректер бар адамдардың медициналық тексеруден және емделуден жалтаруы, -
      айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 326-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       327-бап. Айналасындағыларға қауiп төндiретiн аурулармен
               ауыратын адамдардың емделуден жалтаруы

      1. Айналасындағыларға қауiп төндiретiн, тiзбесiн Қазақстан Республикасының Үкiметi белгiлейтiн аурулармен ауыратын адамдардың, сондай-ақ денсаулық сақтау мекемесiнiң жазбаша жасаған ескертуiнен кейiн де олармен қатынаста болып жүрген және профилактикалық емдеудi қажет ететiн адамдардың дәрi-дәрмек құралдарын қабылдаудан бас тартуы және емделуден өзге де жалтаруы, -
      айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ата-аналардың немесе оларды алмастыратын адамдардың, айналасындағыларға қауiп төндiретiн, тiзбесiн Қазақстан Республикасының Үкiметi белгiлейтiн аурулармен ауыратын кәмелетке толмаған балаларын емдетуден жалтаруы, -
      жеке тұлғаларға айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 327-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       328-бап. Айналасындағыларға қауiп төндiретiн
              аурулармен ауыратын адамдардың жұқтыру
              көзiн және өздерiмен қатынаста болған
              адамдарды жасыруы

      Айналасындағыларға қауiп төндiретiн аурулармен ауыратын адамдардың жұқтыру көзiн және осы ауруларды басқа адамдарға жұқтыру қаупiн туғызатын өздерiмен қатынаста болған адамдарды жасыруы, -
      айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      328-1-бап. Денсаулық сақтау субъектiлерiнiң медициналық
                 қызметпен айналысуға рұқсат беру құжаттарын
                 алу кезiнде көрiнеу жалған мәлiметтер мен
                 ақпараттар ұсынуы

      1. Денсаулық сақтау субъектiлерiнiң медициналық қызметпен айналысуға рұқсат беру құжаттарын алу кезiнде көрiнеу жалған мәлiметтер мен ақпараттар, оның iшiнде құжаттарды бұрмалау жолымен табыс етуi, егер бұл iс-әрекетте қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi, лауазымды тұлғаларға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол әрекет, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi, лауазымды адамдарға жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      328-1-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      328-2-бап. Денсаулық сақтау субъектілерінің уәкілетті
                  органдарды хабардар ету жөніндегі міндетті
                  бұзуы

      1. Денсаулық сақтау субъектілерінің инфекциялық аурулар, уланулар, айналадағыларға қауiп төндiретiн психиканың және мiнез-құлықтың бұзылу (аурулар) жағдайлары туралы - денсаулық сақтау саласындағы уәкілетті органды, төтенше жағдайлардың медициналық-санитариялық салдарларының пайда болу қатерi және (немесе) пайда болуы туралы - төтенше жағдайлар жөнiндегi органдарды, жаңа алған жарақаттар, жараланулар, криминалдық түсiктер бойынша келiп көрiнген адамдар туралы, айналадағыларға қауiп төндiретiн аурулардың жағдайлары туралы iшкi iстер органдарын хабардар ету жөніндегі міндетті бұзуы –
      жеке тұлғаларға – бес айлық есептiк көрсеткiшке дейiнгi мөлшерде, лауазымды адамдарға – айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол іс-әрекет (әрекетсіздік) –
      жеке тұлғаларға – сертификатынан айыра отырып, айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерінде, лауазымды адамдарға – лицензиясының қолданысы тоқтатыла тұрып, айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерінде, заңды тұлғаларға – лицензиясының қолданысы тоқтатыла тұрып, айлық есептiк көрсеткiштiң жиырмадан елуге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 328-2-баппен толықтырылды - ҚР 04.07.2013 № 127-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      329-бап. <*>
      Ескерту. 329-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

  22-тарау. ҚОҒАМДЫҚ ТӘРТIПКЕ ЖӘНЕ ИМАНДЫЛЫҚҚА ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      330-бап. Ұсақ бұзақылық

      1. Ұсақ бұзақылық, яғни қоғамдық орындарда былапыт сөйлеу, жеке тұлғаларды қорлап тиiсу, тұрғын жайларды қорлау, ортақ пайдалану орындарын, саябақтарды, скверлерді ластау, оның ішінде белгіленбеген орындарда коммуналдық қалдықтарды шығару және қоғамдық тәртiптi және жеке тұлғалардың тыныштығын бұзатын, төңiрегiндегiлердi сыйламаушылықты бiлдiретiн басқа да осындай iс-әрекеттер, -
      айлық есептiк көрсеткiштiң үштен онға дейiнгi мөлшерiнде айыппұл салуға не он тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза  қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      3. Осы баптың екінші бөлігінде көзделген, осы Кодекстің 55-бабының үшінші бөлігіне сәйкес өздеріне қатысты әкімшілік қамауға алу қолданылмайтын адамдар жасаған іс-әрекеттер –
      айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 330-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.07.22 № 479-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       330-1-бап. Қоғамдық тәртіпті қамтамасыз етуге қатысатын
                  адамның заңды талабына бағынбау
 
       1. Қоғамдық тәртіпті қамтамасыз етуге қатысатын адамның заңды талабына бағынбау, -
      айлық есептік көрсеткіштің беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға не бес тәулікке дейін әкімшілік қамауға алуға әкеп соғады.
      Ескерту. 330-1-баппен толықтырылды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      331-бап. Кәмелетке толмағандар жасаған бұзақылық

      Он төрт жастан он алты жасқа дейiнгi кәмелетке толмағандар жасаған Қазақстан Республикасы Қылмыстық кодексiнiң 257-бабының бiрiншi бөлiгiнде көзделген ұсақ бұзақылық немесе бұзақылық, -
      ата-аналарға немесе оларды алмастыратын адамдарға айлық есептiк көрсеткiштiң екіден беске дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
       Ескерту. 331-бапқа өзгерту енгізілді - ҚР-ның 2009.07.10. N 176-IV Заңымен.

      332-бап. Елдi мекендерде атыс қаруынан ату,
               пиротехникалық қондырғыларды жару

      1. Елдi мекендерде және бұл үшiн бөлiнбеген орындарда жеке тұлғалардың тыныштығын әрi белгiленген тәртiптi бұзатын атыс қаруы мен газды қарудан, сондай-ақ қолдан жасалған немесе соған бейiмделiп жасалған қарудан ату, -
      қаруды тәркiлеп немесе онысыз, айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Елдi мекендерде және бұл үшiн бөлiнбеген орындарда жеке тұлғалардың тыныштығы мен белгiленген тәртiптi бұзатын және iрi материалдық залал келтiруге әкеп соқпаған арнайы және қолдан жасалған пиротехникалық қондырғыларды жару, -
      пиротехникалық құралдар мен қондырғыларды тәркiлей отырып, айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Он алты жасқа дейiнгi кәмелетке толмағандар жасаған нақ сол iс-әрекеттер, -
      пиротехникалық құралдарын тәркiлей отырып, ата-аналарға немесе оларды алмастыратын адамдарға ескерту жасауға не айлық есептiк көрсеткiштiң екiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған, сол сияқты осы Кодекстiң 333-бабында көзделген құқық бұзушылық үшiн бiр жыл iшiнде әкiмшiлiк жауаптылыққа тартылған адам жасаған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға немесе оннан он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 332-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      333-бап. Тыныштықты бұзу

      1. Жеке тұлғалардың қалыпты демалысы мен тыныштығына кедергi келтiретiн, түнгi уақытта (сағат 23-тен таңғы 6-ға дейiн) тыныштықты бұзу, оның iшiнде тұрғын үй-жайларда және олардың сыртында шұғыл қажеттiлiкпен байланыссыз шу шығаратын жұмыстарды жүргiзу -
      ескерту жасауға немесе жеке тұлғаларға - екі, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - он, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған осындай iс-әрекет -
      жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сексен айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 333-бап жаңа редакцияда - ҚР 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       334-бап. Арнайы қызметтердi көрiнеу жалған шақыру

      1. Мемлекеттiк өртке қарсы қызмет органдарын, полицияны, медициналық жедел жәрдемдi, авариялық қызметтердi көрiнеу жалған шақыру, -
      айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған не аварияларды, өрттердi, табиғи апат зардаптарын жою кезеңiнде жасалған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Он төрт жастан он алты жасқа дейiнгi кәмелетке толмағандар жасаған, осы баптың бiрiншi және екiншi бөлiктерiнде көзделген iс-әрекеттер, -
      ата-аналарға немесе оларды алмастыратын адамдарға ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 334-бап өзгерту енгізілді - Қазақстан Республикасының 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2008.05.26 N 34 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       334-1-бап. Сыбайлас жемқорлық құқық бұзушылық фактісі
                 туралы көрінеу жалған ақпарат беру

      Сыбайлас жемқорлыққа қарсы күрес жүргізетін органға сыбайлас жемқорлық құқық бұзушылық фактісі туралы көрінеу жалған ақпарат беру, -
      айлық есептік көрсеткіштің жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға не отыз тәулікке дейінгі мерзімге әкімшілік қамауға әкеп соғады.
      Ескерту. 334-1-баппен толықтырылды - Қазақстан Республикасының 2007 жылғы 21 шілдедегі N 308 Заңымен.

      335-бап. Үйде жасалатын алкогольдік ішімдіктерді
               дайындау және сату

      Самогон, чача, тұт арағы, брага және басқа да алкогольдік ішімдіктерді сату мақсатымен заңсыз дайындау, сол сияқты аталған спирт iшiмдiктерiн сату, -
      алкогольдік ішімдіктерді, аппараттарды, оларды дайындауға арналған шикiзаттарды және жабдықтарды, сондай-ақ оларды сатудан түскен ақша мен өзге де құндылықтарды тәркiлей отырып, отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
       Ескерту. 335-бапқа өзгерту енгізілді - ҚР-ның 2009.07.10 N 176-IV, 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңдарымен.

      336-бап. Алкогольдік ішімдіктерді iшу немесе қоғамдық
               орындарға мас күйiнде келу

      1. Жергiлiктi атқарушы орган алкогольдік ішімдіктерді құйып сатуға рұқсат еткен сауда және қоғамдық тамақтандыру ұйымдарынан басқа, көшелерде және басқа да қоғамдық орындарда алкогольдік ішімдіктерді iшу немесе қоғамдық орындарға адамның қадiр-қасиетiне әрi қоғамдық имандылыққа нұқсан келтiретiндей мас күйiнде келу, -
      екі айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      1-1. Жасы он сегізге толмаған адамдардың қоғамдық орындарға мас күйінде келуі, сондай-ақ олардың қоғамдық орындарда алкоголь ішімдіктерін ішуі –
      ата-аналарға немесе олардың орнындағы адамдарға бір айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші және 1-1-бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және 1-1-бөліктерінде көзделген, алкогольдік ішімдіктерді iшкенi немесе қоғамдық орынға мас күйiнде келгенi үшiн бiр жыл iшiнде екi рет әкiмшiлiк жаза қолданылған адамның жасаған iс-әрекеттерi, -
      он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, осы Кодекстің 55-бабының үшінші бөлігіне сәйкес өздеріне қатысты әкімшілік қамауға алу қолданылмайтын адамдар жасаған іс-әрекеттер –
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 336-бапқа өзгерістер енгізілді - ҚР 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2009.07.10. N 176-IV , 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       336-1-бап. Жекелеген қоғамдық орындарда темекi шегуге
                 тыйым салуды бұзу

      1. Қазақстан Республикасының заңдарында темекi шегуге тыйым салу белгiленген жекелеген қоғамдық орындарда темекi шегу, -
      бiр айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      айлық есептiк көрсеткiштiң екiден беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Жұмыс берушiнiң темекi шегу үшiн арнаулы орындар бөлудi көздейтiн Қазақстан Республикасының заңдарын бұзуы, сондай-ақ бұл үшiн арнаулы белгiленбеген орындарда темекi шегушiлерге шаралар қолданбауы, -
      лауазымды адамға айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, заңды тұлғаларға - қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 336-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       336-2-бап. Қоғамдық орындарда есiрткi құралдарын,
                  психотроптық заттарды және прекурсорларды
                  медициналық тұрғыдан тыс тұтыну

      1. Қоғамдық орындарда есiрткi құралдарын, психотроптық заттарды және прекурсорларды медициналық тұрғыдан тыс тұтыну -
      бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет -
      он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi бөлiгiнде көзделген, қоғамдық орындарда есiрткi құралдарын, психотроптық заттарды және прекурсорларды медициналық тұрғыдан тыс тұтынғаны үшiн бiр жыл iшiнде екi рет әкiмшiлiк жазаға тартылған адам жасаған әрекет -
      он бес тәулiкке әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 336-2-баппен толықтырылды - Қазақстан Республикасының 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен, жаңа редакцияда - ҚР 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       336-3-бап. Кәмелетке толмағандардың түнгі уақытта
                 ойын-сауық мекемелерінде болуы

      1. Кәмелетке толмағандардың заңды өкілдерінің ертіп жүруінсіз түнгі уақытта (сағат 22-ден таңғы 6-ға дейін) ойын-сауық мекемелерінде болуы, -
      заңды өкілдеріне ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      заңды өкілдеріне айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
       Ескерту. 336-3-баппен толықтырылды - ҚР-ның 2009.07.10. N 176-IV Заңымен.

      336-4-бап. Заңды өкiлдерi еріп жүрмеген кәмелетке
                  толмағандардың тұрғын жайдан тыс жерлерде болуы

      1. Заңды өкiлдерi еріп жүрмеген кәмелетке толмағандардың тұрғын жайдан тыс жерлерде сағат 23-тен таңғы 6-ға дейiн болуы -
      заңды өкiлдерiне ескертуге әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет -
      заңды өкiлдерiне бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 336-4-баппен толықтырылды - ҚР 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       337-бап. <*>
      Ескерту. 337-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       338-бап. Құмар ойындар

      1. Бұл үшiн бөлiнбеген орындарда құмар ойындарға (ақшаға, затқа және басқа құндылықтарға) қатысу, сол сияқты бұған арнайы рұқсаты жоқ адамдардың спорттық және өзге де жарыстарға ұтыс тiгуi, -
      ойын құралдарын, ақшасын, заттары мен өзге де құндылықтарын тәркiлей отырып, екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға немесе он тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      2. Қазақстан Республикасының жиырма бір жасқа дейінгі азаматтарын құмар ойындармен және (немесе) ақшаға, заттарға және өзге де құндылықтарға бәс тігумен айналысуға тарту және рұқсат ету, -
      үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 338-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.01.12. N 220 (2007 жылғы 1 сәуірден бастап  қолданысқа енгізілді) Заңымен.

      338-1-бап. Қазақстан Республикасының ойын бизнесі
                 туралы заңнамасын бұзу

      1. Ойын мекемелерін, тотализатордың немесе букмекер кеңсесінің кассаларын тұрғын үй қорына жатпайтын ғимараттарда орналастыру туралы талаптарды сақтамау және оларды өнеркәсіп орындары мен олардың кешендерінің ғимараттарында және басқа да өндірістік, коммуналдық объектілерде және қойма объектілерінде, ғибадат ету ғимараттарында (құрылыстарында), мемлекеттік органдар мен мекемелердің, білім беру, денсаулық сақтау, мәдениет ұйымдарының, әуежайлардың, вокзалдардың ғимараттарында, қалалық және қала маңындағы қатынастағы қоғамдық көліктің барлық түрлерінің станциялары мен аялдамаларында орналастыру, -
      жеке тұлғаларға - жүз, лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Құмар ойындарды Қазақстан Республикасының ойын бизнесі туралы заңнамасында белгіленген орындардан тыс жерлерде ұйымдастыру және өткізу не ойын бизнесі саласында қызметті лицензиясыз жүзеге асыру, -
      тиесілігіне қарамастан ойын жабдықтары, заңдастырылған белгілері, ақшалары мен әкімшілік құқық бұзушылық жасау салдарынан алынған өзге де табыстары тәркілене отырып, жеке тұлғаларға - жүз, лауазымды адамдарға - екі жүз, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Ойын автоматына технологиялық түрде енгізілген ұтыс проценті бойынша талаптарды сақтамау, -
      әкімшілік құқық бұзушылық жасау салдарынан алынған табыстары тәркілене отырып және лицензиясының қолданысы тоқтатыла отырып не онсыз, жеке тұлғаларға - жүз, лауазымды адамдарға - екі жүз, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Ойын бизнесін ұйымдастырушының міндетті резервтерді қалыптастыру, орналастыруды қамтамасыз ету және оларды Қазақстан Республикасының заңнамасында айқындалатын тәртіппен және жағдайларда пайдалану жөніндегі шарттарды орындамауы, -
      лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Ойын автоматтарын немесе олардың бөлшектерін қабырғаларға, терезе мен есіктің ойықтарына монтаждау, -
      жеке тұлғаларға - жүз, лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Ойын бизнесін ұйымдастырушының заңнамада көзделмеген ойын бизнесі саласындағы қызмет түрлерін жүзеге асыруы, сондай-ақ Қазақстан Республикасының аумағында онлайн-казино ұйымдастыруы және өткізуі не ақшадан басқа, өзге мүлік түрінде ставкалар қабылдауды көздейтін құмар ойындарын және (немесе) бәс тігуді ұйымдастыруы, -
      ойын жабдықтары, заңдастырылған белгілері, ақшалары мен әкімшілік құқық бұзушылық жасау салдарынан алынған өзге де табыстары тәркілене отырып, жеке тұлғаларға - жүз, лауазымды адамдарға - екі жүз, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Ойын бизнесін ұйымдастырушының ойын мекемелерінің кассалары мен ойын орындарын бейне жазба жүйелерімен жабдықтау жөніндегі талаптарды сақтамауы не жазылған ақпаратты сақтау мерзімдерін немесе тіркеу шарттарын бұзуы, -
      лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Бір казинода кемінде жиырма ойын үстелін, ойын автоматтары залында кемінде елу ойын автоматын орнату жөніндегі талаптарды сақтамау, -
      лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Ойын бизнесін ұйымдастырушының ойын автоматтарын Қазақстан Республикасының техникалық реттеу туралы заңнамасының талаптарын бұза отырып пайдалануы -
      лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9-1. Жасалған ставкалардың жалпы сомасын қабылдауды, бірыңғай есепке алуды, бәске қатысушылардың ставкаларын өңдеуді және ұтысты төлеуді аппараттық-бағдарламалық кешен мен ойын жабдығы арқылы жүзеге асыру және қамтамасыз ету жөніндегі міндеттерді орындамау не бәс тігуге қатысушылардың нәтижесіне өздері ставкалар жасаған оқиғаның дамуы мен қорытындысын бақылауына мүмкіндік беретін ойын жабдығын орнату міндетін орындамау, -
      лауазымды адамдарға - екі жүз, лицензиясының қолданысы тоқтатыла отырып не онсыз, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      10. Осы баптың бірінші, төртінші, бесінші, жетінші, сегізінші, тоғызыншы, 9-1-бөліктерінде көзделген іс-әрекеттерді әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасау, -
      жеке тұлғаларға - екі жүз, лауазымды адамдарға - үш жүз, лицензиясынан айыра отырып, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      11. Осы баптың екінші және алтыншы бөліктерінде көзделген іс-әрекеттерді әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасау, -
      ойын жабдықтары, заңдастырылған белгілері, ақшалары мен әкімшілік құқық бұзушылық жасау салдарынан алынған өзге де табыстары тәркілене отырып, жеке тұлғаларға - екі жүз, лауазымды адамдарға - үш жүз, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Осы баптың үшінші бөлігінде көзделген іс-әрекеттерді әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасау, -
      әкімшілік құқық бұзушылық жасау салдарынан алынған табыстарды тәркілене отырып және лицензиясынан айыра отырып не онсыз, жеке тұлғаларға - екі жүз, лауазымды адамдарға - үш жүз, дара кәсіпкерлерге және орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 338-1-баппен толықтырылды - ҚР 2007.01.12 N 220 (2007.04.01 бастап қолданысқа енгізілді) Заңымен, өзгерту енгізілді - ҚР 2009.05.04. N 157-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

       339-бап. Эротикалық мазмұндағы өнiмдердi жарнамалау

      Осы мақсаттар үшiн бөлiнбеген орындарда эротикалық мазмұндағы өнiмдердi сату, тарату немесе жарнамалау, -
      аталған өнiмдердi тәркiлей отырып, айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      340-бап. Тарих және мәдениет ескерткiштерiн қорғау
               мен пайдалану ережелерiн бұзу

      Мемлекет қорғайтын тарих және мәдениет ескерткiштерiн қорғау мен пайдалану ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 340-бап өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       341-бап. Тарих және мәдениет ескерткiштерiн немесе
               табиғи объектiнi қорлау

      1. Мемлекет қорғайтын тарих және мәдениет ескерткiштерiн немесе табиғи объектiлердi қорлау, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Он алты жасқа дейiнгi кәмелетке толмағандар жасаған нақ сол iс-әрекеттер, сондай-ақ адамдар жерленген орындарды қорлау, -
      ата-аналарға немесе оларды алмастыратын адамдарға айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      341-1-бап. Көрінеу жезөкшелікпен айналысу немесе
                  жеңгетайлық үшін үй-жайлар ұсыну

      1. Көрінеу жезөкшелікпен айналысу немесе жеңгетайлық үшін үй-жайлар ұсыну –
      жеке тұлғаларға – бір жүз, лауазымды адамдарға – екі жүз, қызметін немесе жекелеген қызмет түрлерін алты айға тоқтата тұрып, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      2. Әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған нақ сол іс-әрекет – жеке тұлғаларға – екі жүз, лауазымды адамдарға – үш жүз, әкімшілік құқық бұзушылық жасау арқылы алынған табыстары тәркіленіп, қызметіне немесе жекелеген қызмет түрлеріне үш жылға дейінгі мерзімге тыйым салынып, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – төрт жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 341-1-баппен толықтырылды - ҚР 04.07.2013 № 127-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

23-тарау. БАСПАСӨЗ ЖӘНЕ АҚПАРАТ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ
БҰЗУШЫЛЫҚ

      342-бап. Қазақстан Республикасының бұқаралық
                ақпарат құралдары туралы заңнамасын бұзу

      1. Бұқаралық ақпарат құралдарын, ақпарат агенттiктерiн есепке қоймай не олардың шығарылуын (эфирге шығуын) тоқтата тұру, тоқтату немесе есепке қою туралы куәлiктiң күшi жойылды деп тану туралы шешiм шығарылғаннан кейiн олардың өнiмiн, сондай-ақ хабарлары мен материалдарын тарату, -
      бұқаралық ақпарат құралының өнiмi тәркiлене отырып, лауазымды адамдарға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, бұқаралық ақпарат құралдарының меншiк иелерiне, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Телерадиохабарлар арналары бойынша мемлекеттiк тiлдегi хабарларды уақыты жағынан басқа тiлдердегi хабарлардың жиынтық көлемiнен аз тарату, -
      бұқаралық ақпарат құралының баспа өнiмi немесе өзге де өнiмi тәркiлене отырып және шығарылуы (эфирге шығуы) үш айға дейiнгi мерзiмге тоқтатыла тұрып, лауазымды адамдарға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, бұқаралық ақпарат құралдарының меншiк иелерiне, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      телевизия және (немесе) радио хабарларын таратуды ұйымдастыру жөнiндегi қызметке берiлген лицензиядан айыра отырып және бұқаралық ақпарат құралының шығарылуына (эфирге шығуына) тыйым салына отырып, лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде, бұқаралық ақпарат құралдарының меншiк иелерiне, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - бiр жүз елуден екi жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Меншiк иесi не оның ұйымдық-құқықтық нысаны, атауы, сондай-ақ бұқаралық ақпарат құралының аты ауысқан, басылымның не хабардың тiлi, таралу аумағы, негiзгi тақырыптық бағыты, бас редакторы (редакторы), редакцияның мекенжайы, шығарылу мерзiмдiлiгi өзгерген жағдайларда, қайта есепке қоймай, бұқаралық ақпарат құралының өнiмiн, сондай-ақ ақпарат агенттiгiнiң хабарлары мен материалдарын шығару, дайындау, көбейту және (немесе) тарату, -
      бұқаралық ақпарат құралының шығарылуы (эфирге шығуы) үш айға дейiнгi мерзiмге тоқтатыла тұрып, лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, бұқаралық ақпарат құралдарының меншiк иелерiне, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - бiр жүзден екi жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сегiз жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      5. Осы баптың төртiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      бұқаралық ақпарат құралының шығарылуына (эфирге шығуына) тыйым салуға әкеп соғады.
      6. Заңнамада белгіленген тәртіпті бұза отырып, шетелдік бұқаралық ақпарат құралдарының теле- және радиобағдарламаларын қайталап беру, -
      лауазымды адамдарға - айлық есептік көрсеткіштің қырықтан елуге дейінгі мөлшерінде, бұқаралық ақпарат құралдарының меншік иелеріне, заңды тұлғаларға жетпістен жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      7. Осы баптың алтыншы бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      бұқаралық ақпарат құралдарының шығарылуын (эфирге шығуын) үш айға дейінгі мерзімге тоқтата отырып, лауазымды адамдарға - айлық есептік көрсеткіштің жетпістен жүзге дейінгі мөлшерінде, бұқаралық ақпарат құралдарының меншік иелеріне, заңды тұлғаларға жүз елуден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
     Ескерту. 342-бап жаңа редакцияда - Қазақстан Республикасының 2006.07.05. N 156 (қолданысқа енгізілу тәртібін 2-баптан қараңыз),  өзгерту енгізілді - 2007.06.19. N 264 Заңдарымен.

      342-1-бап. Қазақстан Республикасының телерадио хабарларын
                  тарату туралы заңнамасын бұзу

      1. Қазақстан Республикасының телерадио хабарларын тарату туралы заңнамасын телерадио компаниялардың:
      отандық теле-, радиоарналардың отандық теле-, радиобағдарламаларды белгіленген пайыздық нормалардан кем тарату;
      телеарнада жаңалық сипатындағы телебағдарламаларды сурдоаудармамен немесе субтитр түріндегі аудармамен қамтамасыз етпей тарату;
      телеарнада кадр алаңының он бес пайызынан асатын қосымша ақпаратты тарату түрінде жасалған бұзуы, –
      дара кәсіпкерлерге, лауазымды адамдарға айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүзден бір жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, –
      дара кәсіпкерлерге, лауазымды тұлғаларға айлық есептік көрсеткіштің елуден бір жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүзден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының телерадио хабарларын тарату туралы заңнамасын телерадио хабарларын тарату операторларының:
      ғимараттың және (немесе) ғимараттардың меншік иелерінің жазбаша келісімінсіз ұжымдық қабылдау жүйесін ұйымдастыру;
      телерадио хабарларын тарату операторларының міндетті теле-, радиоарналарды таратпауы;
      телерадио хабарларын тарату операторларының теле-, радиоарналарды ретрансляциялау шарттарын бұзуы түрінде жасалған бұзуы, –
      дара кәсіпкерлерге, лауазымды адамдарға айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүзден бір жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, –
      дара кәсіпкерлерге, лауазымды адамдарға айлық есептік көрсеткіштің елуден бір жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүзден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Қазақстан Республикасының телерадио хабарларын тарату туралы заңнамасын теле-, радиокомпаниялардың және телерадио хабарларын тарату операторларының:
      жергілікті уақыт бойынша 06.00-ден 22.00-ге дейінгі кезеңде балалар мен жасөспірімдердің денелік, психикалық, имандылық, моральдық және рухани дамуына зиян келтіруі мүмкін телебағдарламаларды, сондай-ақ «Мәдениет туралы» Қазақстан Республикасының Заңына сәйкес «Е 18» индексімен индекстелетін фильмдерді тарату;
      табиғи және техногендік сипаттағы төтенше жағдайлар кезінде адамдардың өміріне, денсаулығына қатер және қалыптасқан жағдайдағы іс-қимылдар тәртібі туралы, сондай-ақ қорғаныс, ұлттық қауіпсіздік және құқық тәртібін қорғау мүддесінде халықты хабардар ету сигналын телерадио хабарларын тарату операторларының және теле-, радиокомпаниялардың он бес минут ішінде уақтылы таратпауы;
      телерадио хабарларын таратудың сәйкестікті растау рәсімінен өтпеген техникалық құралдарын пайдалану;
      жерүсті спутниктік жеке қабылдау құрылғылары арқылы радиотаратқыш және (немесе) радиоқабылдағыш байланыс құралдарына бөгеуіл жасау;
      телерадио хабарларын тарату операторларының уәкілетті органда есепке қойылмаған шетелдік теле-, радиоарналарды таратуы түрінде жасалған бұзуы, –
      дара кәсіпкерлерге, лауазымды адамдарға айлық есептік көрсеткіштің жиырмадан елуге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүзден бір жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – екі жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, –
      дара кәсіпкерлерге, лауазымды адамдарға айлық есептік көрсеткіштің елуден бір жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – бір жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – үш жүзден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 23-тарау 342-1-баппен толықтырылды- ҚР 2012.01.18 N 546-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі) Заңымен.

       343-бап. Бұқаралық ақпарат құралдарында ұлттық
               араздықты тұтандыруға бағытталған
               материалдарды жариялауға рұқсат беру

      Нәсiлдiк, ұлттық, әлеуметтiк және дiни араздықты тұтандыруға бағытталған, тектiк-таптық артықшылықты, соғысты насихаттайтын, республиканың конституциялық құрылысын күштеп өзгертуге және аумақтық тұтастығын бұзуға шақыратын үндеуi бар мәлiметтер мен материалдарды баспасөзде және басқа да бұқаралық ақпарат құралдарында жариялауға рұқсат беру, -
      бұқаралық ақпарат құралдарының лауазымды адамдарына айлық есептiк көрсеткiштiң жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға не баспа өнiмдерi тәркілене отырып, он бес тәулiкке дейiнгi мерзiмге әкімшілік қамауға алуға әкеп соғады.
      Ескерту. 343-бапқа өзгерту енгізілді - ҚР 2005.07.08 N 67 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       344-бап. Бұқаралық ақпарат құралдарының өнiмдерiн,
                 сол сияқты өзге де өнiмдердi Қазақстан
                 Республикасының аумағында даярлау, сақтау,
                 әкелу, тасымалдау, тарату

      1. Қазақстан Республикасының конституциялық құрылысын күштеп өзгертудi, оның тұтастығын бұзуды, мемлекет қауiпсiздiгiне нұқсан келтiрудi, соғысты, әлеуметтiк, нәсiлдiк, ұлттық, дiни, тектiк-топтық және рулық араздықты қоздыруды, қатыгездiктi, зорлық-зомбылықты және порнографияны насихаттауға немесе үгiттеуге бағытталған мәлiметтерi мен материалдары бар бұқаралық ақпарат құралдары өнiмдерiн Қазақстан Республикасының аумағында даярлау, сақтау, әкелу тасымалдау -
      бұқаралық ақпарат құралдарының өнiмдерi тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының конституциялық құрылысын күштеп өзгертудi, оның тұтастығын бұзуды, мемлекет қауiпсiздiгiне нұқсан келтiрудi, соғысты, әлеуметтiк, нәсiлдiк, ұлттық, дiни, тектiк-топтық және рулық араздықты қоздыруды насихаттауға немесе үгiттеуге, экстремизмдi немесе терроризмдi насихаттауға және ақтауға бағытталған, сондай-ақ терроризмге қарсы операцияларды жүргізу кезеңінде олардың техникалық амалдары мен тактикасын ашатын мәлiметтерi мен материалдары бар бұқаралық ақпарат құралдары өнiмдерiн Қазақстан Республикасының аумағында тарату, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      бұқаралық ақпарат құралдарының өнiмдерi тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      телевизия бағдарламалары мен (немесе) радиохабарларын ұйымдастыру жөнiндегi қызметке берiлетiн лицензиядан айырып және заңды тұлғаның қызметiне тыйым сала отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң елуден жүзге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жүзден екi жүзге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүзден үш жүзге дейінгі мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мыңнан бір мың бес жүзге дейiнгі мөлшерiнде айыппұл салуға әкеп соғады.
      4. Қазақстан Республикасының конституциялық құрылысын күштеп өзгертудi, оның тұтастығын бұзуды, мемлекет қауiпсiздігіне нұқсан келтiрудi, соғысты, әлеуметтiк нәсілдiк, ұлттық, дiни, тектiк-топтық және рулық араздықты қоздыруды, қатыгездiктi, зорлық-зомбылықты және порнографияны насихаттауға немесе үгiттеуге бағытталған мәлiметтерi мен материалдары бар бұқаралық ақпарат құралдарына жатпайтын өзге де өнiмдердi Қазақстан Республикасының аумағында даярлау, сақтау, әкелу, тасымалдау, тарату, егер бұл іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      жеке тұлғаларға - айлық есептiк көрсеткіштің елуден екi жүзге дейiнгi мөлшерiнде, лауазымды адамдарға - айлық есептiк көрсеткiштiң жүзден екі жүзге дейінгі мөлшерiнде айыппұл салуға немесе он бес тәулiкке дейiнгi әкiмшiлiк қамауға, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - өнімдері тәркілене отырып, айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мыңнан бір мың бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың үшінші және төртінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      телевизия және (немесе) радиохабарларын ұйымдастыру жөніндегі қызметке берілетін лицензиядан айырып және заңды тұлғаның қызметіне тыйым сала отырып, жеке тұлғаларға - айлық есептік көрсеткіштің екі жүзден екі жүз елуге дейінгі мөлшерінде, лауазымды адамдарға - екі жүзден үш жүзге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - үш жүзден төрт жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың бес жүзден екі мыңға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 344-бап жаңа редакцияда - ҚР 2005.07.08 N 67 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2010.04.08 № 266-IV, 2012.01.12 N 537-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

       345-бап. Бұқаралық ақпарат құралдарының мәлiметтердi
                 терiске шығару және жауап жариялау құқығын бұзуы

      Ескерту. 345-бап алынып тасталды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       346-бап. Бұқаралық ақпарат құралдарымен сотқа
               ықпал жасау

      Сот қарайтын қандай да болсын iс бойынша бұқаралық ақпарат құралдарында сотта iс қарау нәтижелерiне алдын ала пайымдау жасау немесе сот актiсi күшiне енгенге дейiн сотқа ықпал ету, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 346-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       347-бап. Бұқаралық ақпарат құралдарына көрiнеу
               жалған мәлiметтер және материалдар беру

      Бұқаралық ақпарат құралдарына көрiнеу жалған мәлiметтер және материалдар беру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде, лауазымды адамдарға жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 347-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      348-бап. Мерзiмдi баспа басылымдарының мiндеттi тегiн
                даналарын берудiң, теле- және радиохабарлар
                материалдарын тiркеудiң, сақтаудың тәртiбiн
                бұзу

      1. Мерзiмдi баспа басылымдарының мiндеттi тегiн даналарын берудiң, сондай-ақ теле- және радиохабарлар материалдарын тiркеу мен сақтаудың тәртiбiн бұзу, -
      айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде айыппұл салуға және бұқаралық ақпарат құралдарының шығуын (эфирге шығуын) үш айға дейiнгi мерзiмге тоқтата тұруға әкеп соғады.
      Ескерту. 348-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      349-бап. Қазақстан Республикасының жарнама туралы
                заңнамасын бұзу

      1. Қазақстан Республикасының заңдарымен жарнамалауға тыйым салынған тауарлардың (жұмыстар мен көрсетілетін қызметтердің) жарнамасын шығару, тарату, орналастыру және пайдалану, -
       жеке тұлғаларға - айлық есептік көрсеткіштің елуден жүзге дейінгі мөлшерінде, дара кәсіпкерлерге, лауазымды адамдарға - жетпістен жүзге дейінгі мөлшерінде, шағын және орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүзден жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүзден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының заңдарымен белгіленген жарнаманы тарату тілдеріне қойылатын талаптарды бұзу, -
      жеке тұлғаларға - айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде, дара кәсіпкерлерге, лауазымды адамдарға - елуден жетпіске дейінгі мөлшерінде, шағын және орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүзден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүзден төрт жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Бұқаралық ақпарат құралдарын пайдалана отырып жасалған нақ сол іс-әрекеттер, -
      жеке тұлғаларға - айлық есептік көрсеткіштің жетпістен жүзге дейінгі мөлшерінде, дара кәсіпкерлерге, лауазымды адамдарға - жүзден жүз елуге дейінгі мөлшерінде, шағын және орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүз елуден екі жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      бұқаралық ақпарат құралдарының шығарылуын (эфирге шығуын) үш айға дейінгі мерзімге тоқтата отырып, жеке тұлғаларға - айлық есептік көрсеткіштің жүзден жүз елуге дейінгі мөлшерінде, дара кәсіпкерлерге, лауазымды адамдарға - жүз елуден жүз жетпіске дейінгі мөлшерінде, шағын және орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүзден үш жүзге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүзден алты жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 349-бап жаңа редакцияда - Қазақстан Республикасының 2007.06.19. N 264 Заңымен.

      349-1-бап. <*>

      Ескерту. 349-1-бап алынып тасталды - Қазақстан Республикасының 2007.06.19. N 264 Заңымен.

      350-бап. Шығарылым деректерiн жариялау тәртiбiн бұзу

      1. Мерзiмдi баспа басылымдарын белгiленген шығарылым деректерiнсiз шығару, эфирде өз атауын хабарламай, сол сияқты анық емес не көрiнеу жалған шығарылым деректерiмен электрондық бұқаралық ақпарат құралдарының теле- және радиобағдарламаларының эфирге шығуы, -
      бұқаралық ақпарат құралдары өнiмдерiнiң таралымы тәркiлене отырып, айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      өнiм таралымы және бұқаралық ақпарат құралдары өнiмдерiн дайындау және тарату үшiн қолданылатын техникалық құралдар тәркiлене отырып немесе онсыз, айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға не бұқаралық ақпарат құралын шығаруды (эфирге шығуын) үш айға дейiнгi мерзiмге тоқтата тұруға
әкеп соғады.
      Ескерту. 350-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

       351-бап. Авторлық құпияны және ақпарат көзiн жария ету

      Бұқаралық ақпарат құралының лауазымды адамының авторлық құпияны және ақпарат көзiн жария етуi, егер ол оны жария етпеуге жазбаша түрде мiндеттенген болса,-
      айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 351-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

      352-бап. Журналистiң заңды кәсiби қызметiне кедергi
               жасау

      1. Журналистiң заңды кәсiби қызметiн орындауына кедергi келтiретiн не оны бұл мүмкiндiктен толық айыратын жағдайлар туғызу, -
      айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Журналист сұратқан ақпаратты беруден негiзсiз бас тарту не заңдарда белгiленген мерзiмде табыс етпеу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 352-бап жаңа редакцияда - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

24-тарау. БАСҚАРУДЫҢ БЕЛГIЛЕНГЕН ТӘРТIБIНЕ ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      353-бап. Заңсыз нормативтiк құқықтық акт шығару
               және оны қолдану

      1. Мемлекеттiк органның лауазымды адамының Конституцияға не өзге де заң актiлерiне қайшы келетiн, жеке тұлғалардың құқықтарын, бостандықтарын және мiндеттерiн, шаруашылық жүргiзушi субъектiлер мен мемлекеттiң заңды мүдделерiн қозғайтын көрiнеу заңсыз нормативтiк құқықтық акт шығаруы, -
      айлық есептiк көрсеткiштiң он беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Белгiленген тәртiппен күшi жойылғансот күшi жоқ деп танығанбелгіленген тәртіппен ресми жарияланбаған не қолданылу күшiн уәкiлеттi органдар тоқтата тұрған, сондай-ақ әдiлет органдарында мемлекеттiк тiркеуден өтпеген нормативтiк құқықтық актiлердi орталық атқарушы және өзге де мемлекеттiк органдардың, сондай-ақ жергiлiктi өкiлдi және атқарушы органдардың лауазымды адамдарының көрiнеу заңсыз қолдануы, -
      айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 353-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       354-бап. Нормативтiк құқықтық актiлердi мемлекеттiк
               тiркеудiң ережелерiн бұзу

      1. Азаматтардың құқықтарын, бостандықтары мен мiндеттерiн қозғайтын нормативтiк құқықтық актiлердi мемлекеттiк тiркеудiң заңнамада белгiленген қағидаларын лауазымды адамдардың бұзуы -
      жиырма айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 354-бапқа өзгеріс енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      354-1-бап. Қазақстан Республикасының Мемлекеттік Туын,
                 Қазақстан Республикасының Мемлекеттік
                 Елтаңбасын пайдалану, сондай-ақ Қазақстан
                 Республикасының Мемлекеттік Гимнін пайдалану
                 және орындау тәртiбiн бұзу

      1. Қазақстан Республикасының Мемлекеттік Туын, Қазақстан Республикасының Мемлекеттік Елтаңбасын және олардың бейнелерін заңсыз пайдалану, сондай-ақ Қазақстан Республикасы заңнамасының талаптарын бұза отырып, Қазақстан Республикасының Мемлекеттік Гимнін пайдалану және орындау -
      екі жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мемлекеттiк рәміздерді пайдалану мiндеттi болып табылатын жағдайларда оларды пайдаланбау, -
      лауазымды адамдарға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер, -
      төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 24-тарау 354-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 Заңымен; жаңа редакцияда - ҚР 2012.06.28. N 24-V (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      354-2-бап. Нормативтiк құқықтық актiлердiң мәтiндерiн
                 кейiннен ресми жариялау тәртiбiн бұзу

      Қазақстан Республикасының заңнамасында белгiленген нормативтiк құқықтық актiлердiң мәтiндерiн кейiннен ресми жариялау тәртiбiн бұзу -
      өнiм таралымы тәркiлене отырып не онсыз жеке кәсiпкерлерге айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде және заңды тұлғаларға - елуден жүзге дейiнгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 354-2-баппен толықтырылды - Қазақстан Республикасының  2005.10.21. N 80 Заңымен.

      354-3-бап. Жылжымайтын мүлікке құқықтарды мемлекеттік
                  тіркеуге құжаттарды беру мерзімін бұзу

      Ескерту. 24-тарау 354-3-баптың тақырыбына өзгеріс енгізілді - ҚР 2011.03.25 N 421-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      Жеке және (немесе) заңды тұлғалардың жылжымайтын мүлікке құқықтарды мемлекеттік тіркеуге құжаттарды берудің "Жылжымайтын мүлікке құқықтарды және олармен мәмілелерді мемлекеттік тіркеу туралы" Қазақстан Республикасының Заңында белгіленген мерзімін бұзуы, -
      жеке тұлғаларға он, заңды тұлғалар үшін - жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 24-тарау 354-3-баппен толықтырылды - ҚР 2007.07.26 N 311 Заңымен, өзгеріс енгізілді - ҚР 2011.03.25 N 421-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      355-бап. Прокуратура, iшкi iстер (полиция), ұлттық
                қауiпсiздiк органдары, Қазақстан
                Республикасының Мемлекеттік күзет қызметi,
                сыбайлас жемқорлыққа қарсы қызмет, экономикалық
                тергеу қызметі, әскери полиция, кеден органы,
                Қазақстан Республикасы Ұлттық қауіпсіздік
                комитетінің Шекара қызметі, мемлекеттік
                фельдъегерлік қызмет, азаматтық қорғау
                саласындағы уәкілетті орган, өнеркәсіптік
                қауіпсіздік саласындағы уәкілетті орган
                қызметкерiнiң нұсқамаларын орындамау немесе
                заңды өкiмiне немесе талабына қаскөйлікпен
                бағынбау

      1. Прокуратура, iшкi iстер (полиция), ұлттық қауiпсiздiк органдары, Қазақстан Республикасының Мемлекеттік күзет қызметi, сыбайлас жемқорлыққа қарсы қызмет, экономикалық тергеу қызметі, әскери полиция, кеден органы, Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі, мемлекеттік фельдъегерлік қызмет, азаматтық қорғау саласындағы уәкілетті орган, өнеркәсіптік қауіпсіздік саласындағы уәкілетті орган қызметкерiнiң қызметтiк мiндеттерiн атқаруы кезiнде оның нұсқамаларын және (немесе) басқа да заңды талаптарын орындамау –
      лауазымды тұлғаларға, дара кәсiпкерлерге – айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – бір жүзден екi жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Прокуратура, iшкi iстер (полиция), ұлттық қауiпсiздiк органдары, сыбайлас жемқорлыққа қарсы қызмет, экономикалық тергеу қызметі, әскери полиция, Қазақстан Республикасының Мемлекеттік күзет қызметi, кеден органы, Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі, мемлекеттік фельдъегерлік қызмет, азаматтық қорғау саласындағы уәкілетті орган, өнеркәсіптік қауіпсіздік саласындағы уәкілетті орган қызметкерiнің қызметтiк мiндеттерiн атқаруы кезiнде оның заңды өкiмiне немесе талабына қаскөйлікпен бағынбау, сол сияқты тiл тигiзу не оған қатысты зорлық әрекеттерін жасау қатерiн төндiру –
      айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға немесе он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамаққа алуға әкеп соғады.
      Ескерту. 355-бап жаңа редакцияда - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      355-1-бап. Қорғау нұсқамасын бұзу

      Ішкі істер органы шығарған қорғау нұсқамасын бұзу,- ескерту жасауға не он тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
      Ескерту. Кодекс 355-1-баппен толықтырылды - ҚР 2010.04.29 № 272-IV Заңымен; өзгеріс енгізілді - ҚР 18.02.2014 № 175-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       356-бап. Мемлекеттік инспекциялар мен мемлекеттік бақылау
               және қадағалау органдарының лауазымды
               адамдарына өздерінің қызметтік міндеттерін
               орындауына кедергі келтіру, қаулыларды,
               нұсқамаларды және өзге де талаптарды
               орындамау

      Ескерту. Тақырып жаңа редакцияда - ҚР 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі) Заңымен.

      1. Мемлекеттiк инспекциялар мен мемлекеттiк бақылау және қадағалау органдарының лауазымды адамдарына олардың өз құзыретiне сәйкес қызметтiк мiндеттерiн орындауына қажеттi құжаттарды, материалдарды, статистикалық (алғашқы статистикалық деректерді қоспағанда) және өзге де мәлiметтердi, қызмет туралы, кiрiстер туралы, энергетикалық ресурстарды есепке алу аспаптарымен жарақтандырылу туралы, энергетикалық ресурстарды, суды тұтынудың және олардың шығындарының көлемі туралы, сақтандыру жарналарын есептеу және төлеу туралы, атом энергиясын пайдалану туралы ақпаратты беруден бас тарту арқылы, уәкiлеттi органның қаулысы бойынша ревизия, тексеру, түгендеу, сараптама және заңнамада көзделген басқа да іс-әрекеттердi жүргiзуге жiберуден бас тарту арқылы кедергi келтiру немесе оларды жүзеге асыруға өзге де кедергiлер келтiру не бұрыс ақпарат беру, –
      жеке тұлғаларға - үш, лауазымды адамдарға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға – жетi, лауазымды адамдарға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      3-бөлікке өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2017.01.01 бастап қолданысқа енгізіледі) Заңымен.
      3. Осы Кодекстің 130147-9, 172-1, 172-2, 216219, 219-10, 305313317317-1, 317-4, 362381474486522528-баптарында көзделген жағдайларды қоспағанда, мемлекеттiк бақылау және қадағалау органдары (лауазымды адамдар), мемлекеттік органдардың лауазымды адамдары өз құзыретi шегiнде берген заңды талаптарды немесе нұсқамаларды, ұсынымдарды, қаулыларды орындамау немесе тиiсiнше орындамау, –
      жеке тұлғаларға – беске дейiнгi айлық есептiк көрсеткiш, лауазымды тұлғалар мен дара кәсiпкерлерге он беске дейiнгi айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы Кодекстiң 481-бабының екiншi бөлiгiнде, 482-бабының бiрiншi бөлiгiнде көзделген жағдайларды қоспағанда, уәкiлеттi органның лауазымды адамы салған мөрiн (пломбасын) жұлып тастау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 356-бапқа өзгеріс енгізілді - ҚР 2003.12.05 N 506, 2004.12.09 N 10, 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2008.12.29 N 116-IV (2009.01.01 бастап қолданысқа енгізіледі), 2010.03.19 № 258-IV, 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       356-1-бап. Бақылау және қадағалау функцияларын заңсыз
                  беру

      Мемлекеттiк органдардың лауазымды адамдарының бақылау және қадағалау функцияларын уәкiлеттi емес тұлғаларға заңсыз беруi, -
      айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 356-1-баппен толықтырылды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       356-2-бап. Билік өкілінің немесе мемлекеттік қызмет
                  атқаратын лауазымды адамның атағын өз
                  бетімен иелену
 
       1. Билік өкілеттіктерін алу мақсатында билік өкілінің немесе мемлекеттік қызмет атқаратын лауазымды адамның атағын өз бетімен иелену, егер бұл әрекетте қылмыстық жаза қолданылатын әрекет белгілері болмаса, -
      жеке тұлғаларға айлық есептік көрсеткіштің отыздан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      жеке тұлғаларға айлық есептік көрсеткіштің елуден жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 356-2-баппен толықтырылды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       357-бап. Озбырлық

      Озбырлық, яғни бiр адамның заңдармен белгiленген тәртiпке қарамастан, заңсыз жасаған, заңдылығы екiншi бiр адам немесе ұйым тарапынан дау туғызатын iс-әрекетi, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 357-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       357-1-бап. Тиiстi тiркеусiз немесе лицензиясыз, арнайы
                   рұқсатсыз, бiлiктiлiк аттестатынсыз
                   (куәлiгінсiз), басқа да рұқсатсыз,
                   хабарламасыз кәсіпкерлік немесе өзге қызметпен
                   айналысу, сондай-ақ iс-әрекеттердi
                   (операцияларды) жүзеге асыру

      Ескерту. Тақырып жаңа редакцияда - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Рұқсат, лицензия, бiлiктiлiк аттестаты (куәлiгi), хабарлама жасау мiндеттi болған жағдайларда, кәсiпкерлiк немесе өзге де қызметпен тiркеусiз немесе лицензиясыз, арнайы рұқсатсыз, бiлiктiлiк аттестатынсыз (куәлiгiнсiз), басқа да рұқсатсыз, хабарламасыз айналысу, сондай-ақ iс-әрекеттердi (операцияларды) жүзеге асыру, егер бұл әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, –
      әкiмшiлiк құқық бұзушылық жасау заттары және (немесе) құралдары тәркiленiп не онсыз, жеке тұлғаларға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – отыздан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады, ал кәсiпкерлiк немесе өзге қызметпен лицензиясыз айналысу әкiмшiлiк құқық бұзушылық жасау салдарынан алынған табысты (дивидендтердi), ақшаны, бағалы қағаздарды қосымша тәркiлеуге әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      әкімшілік құқық бұзушылық жасаудың нысанасы және (немесе) құралы тәркiленiп, жеке тұлғаларға - айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден жетi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады, ал кәсiпкерлiк немесе өзге қызметпен лицензиясыз айналысу әкiмшiлiк құқық бұзушылық салдарынан алынған кiрiстi (дивидендтердi), ақшаны, бағалы қағаздарды қосымша тәркiлеуге әкеп соғады.
      Ескерту. Осы бап бойынша жауаптылық «Валюталық реттеу және валюталық бақылау туралы» Қазақстан Республикасының Заңына сәйкес жүзеге асырылатын валюталық операция туралы хабарламаға, сондай-ақ «Табиғи монополиялар және реттелетін нарықтар туралы» Қазақстан Республикасының Заңына сәйкес жүзеге асырылатын хабарламаларға қолданылмайды.
      Ескерту. 357-1-баппен толықтырылды - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       357-2-бап. Лицензиялау нормаларын бұзу

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңымен.

      1. Қазақстан Республикасының заңнамасында белгіленген лицензиялау нормаларын бұзу, соның iшiнде лицензияланатын қызмет түрлерiне қойылатын бiлiктiлiк талаптарына сәйкес келмеу, -
      белгiлi бiр қызмет түрiне лицензияның қолданылуы тоқтатыла тұрып немесе онсыз, жеке тұлғаларға - айлық есептік көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - елуден жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Лицензиаттың лицензия алған кезде көрінеу дұрыс емес ақпарат беруі, сол сияқты осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік), сондай-ақ лицензияның қолданылуын тоқтата тұру мерзімі аяқталғаннан кейін әкімшілік жауаптылыққа әкеп соққан лицензиялау нормаларының бұзылуын жоймау, -
      белгiлi бiр қызмет түрiне берiлген лицензиядан айыра отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүзден жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 357-2-баппен толықтырылды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27 N 320 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

       357-3-бап. Кәсiпкерлiк қызметпен айналысуға лицензия,
                  арнайы рұқсат, бiлiктiлiк аттестатын
                  (куәлiгiн) беру тәртiбi мен мерзiмiн бұзу

      1. Кәсiпкерлiк қызметтiң белгiлi бiр түрiмен айналысуға лицензия, арнайы рұқсат, бiлiктiлiк аттестатын (куәлiгiн) беру мерзiмiн бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Лицензияны, арнайы рұқсатты, бiлiктiлiк аттестатын (куәлiгiн) заңнамада белгiленген тәртiптi бұза отырып беру, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң алпыстан жетпіске дейінгі дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 357-3-баппен толықтырылды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.01.12. N 222 (жарияланған күнінен бастап алты ай өткеннен кейін қолданысқа енгізіледі) Заңдарымен.

      357-4-бап. Қазақстан Республикасының заңды тұлғаларды
                  мемлекеттiк тiркеу және филиалдар мен
                  өкiлдiктердi есептік тіркеу туралы заңнамасын
                  бұзу

      Ескерту. Тақырып жаңа редакцияда - ҚР 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Заңнамада көзделген жағдайларда заңды тұлғаны, филиалды, өкiлдiктi қайта тiркемей, қызметтi жүзеге асыру, -
      шағын және орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Тiркеушi органға заңды тұлғаның тұратын жерiнiң өзгергенi туралы уақытында хабарламау, -
      шағын және орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - он, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 357-4-баппен толықтырылды - Қазақстан Республикасының 2007.01.12. N 222 (жарияланған күнінен бастап алты ай өткеннен кейін қолданысқа енгізіледі) Заңымен.

      357-5-бап. Лицензиарға лицензияны және (немесе)
                  лицензияға қосымшаны қайтармау

      Лицензияның және (немесе) лицензияға қосымшаның қолданылуы тоқтатылған кезде лицензиаттың он жұмыс күні ішінде лицензияны және (немесе) лицензияға қосымшаны лицензиарға қайтармауы -
      жеке тұлғаларға айлық есептік көрсеткіштің онға дейінгі, лауазымды адамдарға - жиырмаға дейінгі, заңды тұлғаларға - екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 357-5-баппен толықтырылды - ҚР 2007.01.12 N 222 (ресми жарияланған күнінен бастап алты ай өткеннен кейін қолданысқа енгізіледі) Заңымен.

      357-6-бап. Қазақстан Республикасының сәйкестендiру 
                  нөмiрлерiнiң ұлттық тiзiлiмдерi туралы
                  заңнамасын бұзу

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен.

      1. Жария етуге жатпайтын сәйкестендiру нөмiрлерiнiң ұлттық тiзiлiмдерiнде қамтылған мәлiметтердi жария ету, сол сияқты Қазақстан Республикасының сәйкестендiру нөмiрлерiнiң ұлттық тiзiлiмдерi заңнамасын өзге де бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған осы баптың бiрiншi бөлiгiнде көзделген әрекет, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 357-6-баппен толықтырылды - ҚР 2007.01.12 N 224 (2012.01.01 бастап қолданысқа енгізіледі), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

      357-7-бап. Күзет дабылы құралдарын монтаждау, баптау және
                  оларға техникалық қызмет көрсету жөніндегі
                  қызметке қойылатын талаптарды бұзу

      1. Күзет дабылы құралдарын монтаждау, баптау және оларға техникалық қызмет көрсету жөніндегі қызметке «Күзет қызметі туралы» Қазақстан Республикасының Заңында қойылатын талаптарды жеке немесе заңды тұлғалардың бұзуы -
      жеке тұлғаларға – он, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, сол сияқты осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жауаптылыққа тартуға әкеп соққан бұзушылықтарды жоймау –
      қызметіне тыйым сала отырып, жеке тұлғаларға – қырық, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескертпу. 24-тарау 357-7-баппен толықтырылды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       358-бап. Жергiлiктi атқарушы органдар мен өзге де
                 уәкiлеттi мемлекеттік органдардың Қазақстан
                 Республикасының салық заңнамасында белгiленген
                 мiндеттердi орындамауы

      1. Осы бөлiкте көрсетiлген органдар Қазақстан Республикасының салық заңнамасына сәйкес бюджетке аударуға жататын салық және бюджетке төленетiн басқа да мiндеттi төлемдер сомаларын жергiлiктi атқарушы органдардың немесе уәкiлеттi мемлекеттік органдардың аудармауы, уақтылы немесе толық аудармауы –
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Салық органдарына ұсыну үшiн Қазақстан Республикасының салық заңнамасында айқындалған мәлiметтердi жергiлiктi атқарушы органдардың және өзге де уәкiлеттi мемлекеттік органдардың ұсынбауы, уақтылы, анық немесе толық ұсынбауы –
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Уәкілетті мемлекеттік және жергілікті атқарушы органдардың салықтық бақылау нәтижелері бойынша анықталған және бақылау актісінде көрсетілген бұзушылықтарды жою жөніндегі талаптарды орындамауы –
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың бiрiншi, екiншi және үшінші бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер (әрекетсiздiк) –
      лауазымды адамдарға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 358-бап жаңа редакцияда - ҚР 03.07.2013  № 121-VКонституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       358-1-бап. Заң актiлерiнде көзделген жағдайларда
                 жекелеген негiздер бойынша мемлекет
                 меншiгiне түскен мүлiктi есепке алу мен одан
                 әрi пайдалану ережелерiн бұзу

      1. Заң актiлерiнде көзделген жағдайларда жекелеген негiздер бойынша мемлекет меншiгiне түскен мүлiктi уәкiлеттi органға толық және (немесе) дер кезiнде тапсырмау, -
      жеке тұлғаларға - сегiз, лауазымды адамдарға - он бес, заңды тұлғаларға - қырық бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Заң актiлерiнде көзделген жағдайларда жекелеген негiздер бойынша мемлекет меншiгiне түскен мүлiктi есепке алу, сақтау, бағалау және сату тәртiбiн сақтамау, сондай-ақ осындай мүлiктi сатудан түскен соманы мемлекеттiк бюджетке дер кезiнде аудармау, -
      лауазымды адамдарға - он бес, заңды тұлғаларға - қырық бес айлық есептiк көрсеткiш айыппұл салуға әкеп соғады.
      Ескерту. 358-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2006.12.11. N 201 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

       359-бап. Салық құпиясын құрайтын мәлiметтердi жария ету

      Қазақстан Республикасының салық заңнамасында белгіленген тәртіппен салық құпиясы болып табылатын мәліметтерді осындай мәліметтер туралы өзіне белгілі болған адамдардың кәсіптік немесе қызметтік қажеттіліксіз жария етуі, —
      айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 359-бапқа өзгерту енгізілді - Қазақстан Республикасының 2001.07.12 N 240 , 2008.12.10 N 101-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       360-бап. Мемлекет уәкiлеттiк берген органдардың
              (ұйымдардың) салықты және басқа да мiндеттi
               төлемдердi бюджетке өндiрiп алмай, сондай-ақ
               мұндай төлемдi растайтын құжаттар алмай тұрып,
               белгiлi бiр iс-әрекеттердi жүзеге асыруы

      1. Мемлекет уәкiлеттiк берген органдардың (ұйымдардың) салықты және басқа да мiндеттi төлемдердi бюджетке өндiрiп алмай тұрып, Қазақстан Республикасының заңдарында көзделген заңдық мәнi бар iс-әрекеттердi жүзеге асыруы, -
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Мемлекет уәкiлеттiк берген органдардың (ұйымдардың) растайтын құжатты алу заң актiлерiнде көзделген жағдайларда, салықтың және бюджетке төленетiн басқа да мiндеттi төлемдердiң төленгенiн растайтын құжатты алмай тұрып, Қазақстан Республикасының заңдарында көзделген заңдық мәнi бар iс-әрекеттердi жүзеге асыруы, -
      лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      лауазымды адамдарға жетпiс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 360-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2006.12.11. N 201 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      361-бап. Салық есебiне тұрудан бас тарту немесе
               салық есебiне тұру мерзiмiн бұзу

      1. Салық төлеушiнiң тiркелу есебiне немесе салық төлеушiнiң қосылған құнға салық төлеушi ретiнде есепке тұрудан бас тартуы, сол сияқты салық органы лауазымды адамының салық заңдарында белгiленген мұндай тiркеу (есеп) мерзiмiн бұзуы, -
      салық органы басшысына айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      салық органының басшысына айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 361-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      362-бап. Төтенше жағдай режимiн бұзу

      Егер бұл іс-әрекеттерде (әрекетсіздікте) қылмыстық жаза қолданылатын әрекет белгілері болмаса, төтенше жағдай жариялануына байланысты мемлекеттiк орган белгiлеген режимдi бұзу немесе талаптарды орындамау, сондай-ақ жергілікті жер комендантының заңды бұйрықтары мен өкімдерін мына бөліктерінде орындамау:
      1) келу және кетудiң ерекше режимi;
      2) белгiлi бiр жеке тұлғалар үшiн белгiленген мерзiмге белгiлi бiр жерден, өзiнiң пәтерiнен (үйiнен) кетуге тыйым салу, сондай-ақ сол жердiң тұрғындары болып табылмайтын қоғамдық тәртiптi бұзушыларды олардың есебiнен өздерi тұрақты тұратын жерлерiне немесе төтенше жағдай жарияланған жердiң аймағынан шығарып жiберу туралы нұсқау;
      3) жиналыстар, митингiлер, шерулер мен демонстрациялар, сондай-ақ ойын-сауық, спорттық және басқа да бұқаралық iс-шараларды өткiзуге тыйым салу;
      4) ереуiлдер өткiзуге тыйым салу;
      5) қарумен, күштi әсер ететiн химиялық және улы заттармен, сондай-ақ алкогольдік iшiмдiктермен және құрамында спиртi бар заттармен сауданы шектеу немесе тыйым салу;
      6) карантин және басқа да мiндеттi санитариялық эпидемияға қарсы iс-шараларды өткiзу;
      7) көбейту техникасын, сондай-ақ радио,- және теледидар хабарларын тарату аппаратурасын, дыбыс,- және бейне жазу техникасын пайдалануға шек қою немесе тыйым салу; дыбыс күшейткiш техникалық құралдарды алып қою туралы нұсқаулар; бұқаралық ақпарат құралдарына бақылауды қамтамасыз ету жөнiндегi шаралар;
      8) байланысты пайдаланудың айрықша ережелерi;
      9) көлiк құралдарының қозғалысын шектеу және оларды тексеруден өткiзу;
      10) коменданттық сағат уақытында жеке тұлғалардың жеке басын куәландыратын арнайы берiлген рұқсаттарсыз және құжаттарсыз көшелерде немесе өзге де қоғамдық орындарда жүруiне не жеке басын куәландыратын құжаттарсыз өз үйiнен тыс жерде болуына тыйым салу, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға не он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 362-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), 2009.07.10 N 176-IV Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      362-1-бап. Терроризмге қарсы операциялар жүргізу аймағында
                  құқықтық режимнің бұзылуы

      Құқықтық режимді бұзу немесе терроризмге қарсы операциялардың жариялануына байланысты белгіленген талаптарды:
      1) келудің және кетудің ерекше режимі;
      2) жергілікті жерлердің жекелеген учаскелерінде және объектілерде жеке тұлғалардың болуына тыйым салу, сондай-ақ көлік құралдарын сүйреп әкетуге кедергі жасау;
      3) жеке тұлғалардың жеке басын куәландыратын құжаттарды тексеруге, жеке тексеріп қарауға және жеке адамның заттарын тексеріп қарауға, көлік құралдарын тексеріп қарауға кедергі жасау;
      4) байланысты пайдаланудың айрықша ережелері;
      5) егер кешеуілдеу адамдардың өмірі мен денсаулығына нақты қауіп төндіруі мүмкін болса, жедел медициналық жәрдемді қажет ететін адамдарды емдеу мекемелеріне жеткізу, терроризм актісі жасалған жерге бару үшін, сондай-ақ терроризм актісін жасады деп күдік келтірілген адамдардың ізіне түсу және оларды ұстау үшін көлік құралдарын алып қоюға кедергі жасау;
      6) қауіпті өндірістік объектілердің қызметін тоқтата тұру;
      6-1) күзет қызметін тоқтата тұру;
      7) терроризмге қарсы операцияның құқықтық режимі енгізілген аумақ шегінде тұратын жеке тұлғаларды уақытша көшіруге кедергі жасау;
      8) карантин енгізу, санитариялық-эпидемияға қарсы, ветеринариялық іс-шараларды және өсімдіктер карантині жөніндегі іс-шараларды жүргізу;
      9) жеке және заңды тұлғалардың меншігіндегі немесе иелігіндегі және пайдалануындағы тұрғын үйлер мен өзге де үй-жайларға және оларға жеке меншік құқығымен немесе жер пайдалану құқығымен тиесілі жер учаскелеріне кіруге кедергі жасау;
      10) қару-жарақ, оқ-дәрілер, жарылғыш заттар, күшті әсер ететін химиялық және улы заттар саудасын шектеу немесе оған тыйым салу, дәрілік, есірткілік, психотроптық заттар мен прекурсорлар, этил спирті мен алкогольдік өнімдер айналымының айрықша режимін орнату бөлігінде орындамау, -
      жеке тұлғаларға - айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде айыппұл салуға не он бес тәулікке дейінгі мерзімге әкімшілік қамауға алуға, лауазымды адамдарға, дара кәсіпкерлерге - айлық есептік көрсеткіштің отыздан елуге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүзден жүз елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қауіпті өндірістік объектілердің қызметін тоқтата отырып, екі жүзден екі жүз елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 362-1-баппен толықтырылды - ҚР 2010.04.08 № 266-IV Заңымен, өзгеріс енгізілді - ҚР 2013.01.08 N 63-V (алғашқы ресми жариялағанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       363-бап. Төтенше жағдай кезiнде құқық тәртiбiн
                 бұзуға итермелейтiн iс-әрекеттер

      Төтенше жағдай жарияланған жерде жасалған құқық тәртiбiн бұзуға немесе ұлттық және дiни алауыздық туғызуға итермелейтiн iс-әрекеттер, жеке тұлғалардың және лауазымды адамдардың өздерiнiң заңды құқықтары мен мiндеттерiн жүзеге асыруына белсендi кедергi жасау, сонымен қатар қоғамдық тәртiптi қорғау бойынша қызметтiк мiндеттерiн немесе қоғамдық борышын орындаушы iшкi iстер, ұлттық қауiпсiздiк органдары қызметкерiнiң, әскери қызметкердiң, билiк немесе жұртшылық өкiлдерiнiң заңды өкiмдерi мен талабына қасақана бағынбау, не қоғамдық тәртiптi және жеке тұлғалардың тыныштығын бұзатын iс-әрекеттер жасау, сондай-ақ әкiмшiлiк қадағалау туралы заңдарды бұзу, -
      айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға немесе отыз тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 363-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       364-бап. Түрлi-түстi көшiру құралдарын есепке алу,
               сақтау немесе пайдалану ережелерiн бұзу,
               штемпельдi-гравюралық кәсiпорындар ашу
               ережелерiн бұзу

      1. Түрлi-түстi көшiру (жедел полиграфиясы, көшiру-көбейту техникасы, тамшылы-ағылмалы, лазерлi принтерлер және сканерлер) құралдарын есепке алу, сақтау немесе пайдалану ережелерiн бұзу, -
      шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыздан қырыққа дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Заңды тұлғалардың және лауазымды адамдардың штемпельдi-гравюралық кәсiпорындар ашу ережелерiн бұзуы, -
      айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 364-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       365-бап. Құқық бұзушылық жасауға итермелеген себептер
                 мен жағдайларды жою жөнiнде қолданылған
                 шаралар туралы хабарламау және (немесе)
                 шаралар қолданбау

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.04.29 № 272-IV Заңымен.

      Ұйым басшысының және басқа лауазымды адамдардың қылмысқа немесе әкiмшiлiк құқық бұзушылық жасауға итермелейтін себептер мен жағдайларды жою жөнiнде қолданылған шаралар туралы хабарламауы, сол сияқты шаралар қолданбауы істi қараған органдардың (лауазымды адамдардың) ұсыныстары бойынша -
      лауазымды адамдарға айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 365-бапқа өзгерту енгізілді - ҚР 2010.04.29 № 272-IV Заңымен.

      366-бап. Әкiмшiлiк қадағалау туралы заңдарды бұзу

      1. Өзiне қатысты қадағалау белгiленген адамның әкiмшiлiк қадағалау туралы заңдарды бұзуы, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң бiрден екiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң екiден беске дейiнгi мөлшерiнде айыппұл салуға, ал егер iстiң мән-жайы бойынша және тәртiп бұзушының жеке басын ескере отырып бұл шаралардың қолданылуы жеткiлiксiз деп танылатын болса, -
      он бес тәулiкке дейiн әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 366-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      367-бап. Қылмыстық-атқару жүйесi мекемелерiнде, тергеу
               изоляторларында отырған адамдарға тыйым
               салынған заттар, бұйымдар мен нәрселер беру

      1. Қылмыстық-атқару жүйесi мекемелерiнде, тергеу изоляторларында отырған адамдарға алкогольдiк iшiмдiктер, дәрiлiк және мас қылатын әсерi бар басқа да заттарды, ақша, азық-түлiк тағамдарын, бұйымдарды және бұл мекемелерде сақтау мен пайдалануға тыйым салынған басқа да нәрселердi тексеруден жасырып беру немесе кез келген тәсiлдермен беруге әрекет ету, -
      ескерту жасауға немесе әкімшілік құқық бұзушылықты жасау қаруы не құралы болып табылған зат тәркілене отырып, айлық есептiк көрсеткiштiң екiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға не отыз тәулiкке дейiн әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 367-бапқа өзгеріс енгізілді - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.02.15 N 556-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      368-бап. Азаматтық қаруларды сатып алу, сақтау, алып
                жүру, беру немесе сату тәртiбiн жеке
                тұлғалардың бұзуы

       1. Жеке тұлғалардың iшкi iстер органдарының рұқсатынсыз азаматтық қаруларды сатып алуы, сақтауы, алып жүруі, басқа адамға беруi немесе сатуы, -
      қаруы тәркiлене отырып немесе онсыз айлық есептiк көрсеткiштiң бiрден беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      қаруы тәркiлене отырып немесе онысыз, айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Азаматтық қаруларды өз еркімен тапсырған адам, егер оның әрекеттерінде өзге де құқық бұзушылық құрамы болмаса, әкімшілік жауаптылықтан босатылады.
      Ескерту. 368-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506 , 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңдарымен.

       368-1-бап. Азаматтық пиротехникалық заттар мен олар
                  қолданылған бұйымдарды сақтау, есепке алу,
                  пайдалану, тасымалдау, жою, әкелу, әкету
                  тәртібін бұзу

      1. Азаматтық пиротехникалық заттар мен олар қолданылған бұйымдарды сату, экспонттау құқығына лицензиясы бар жеке және заңды тұлғалардың оларды сақтау, есепке алу, пайдалану, тасымалдау, жою, әкелу, әкету тәртібін бұзуы, -
      азаматтық пиротехникалық заттар мен олар қолданылған бұйымдар тәркілене отырып, жеке тұлғаға - айлық есептік көрсеткіштің бірге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - бестен жетіге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырмадан жиырма беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      азаматтық пиротехникалық заттар мен олар қолданылған бұйымдар тәркілене отырып, жеке тұлғаларға - айлық есептік көрсеткіштің екіден үшке дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - оннан он беске дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыздан отыз беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 368-1-баппен толықтырылды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       369-бап. Азаматтық, қызметтiк қаруды, оған арналған
               патрондарды сатып алу, сақтау, пайдалану немесе
               тасымалдау ережелерiн бұзу

      1. Қару сақтауға iшкi iстер органдарының рұқсаты бар жеке тұлғалардың азаматтық, қаруды, оған арналған патрондарды сатып алу, сақтау, алып жүру, пайдалану немесе тасымалдау ережелерiн бұзуы, -
      айлық есептiк көрсеткiштiң бiрден беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Олардың сақталуына жауапты ұйым қызметкерлерiнiң қызметтiк қаруды, оған арналған патрондарды сатып алу, сақтау немесе тасымалдау ережелерiн бұзуы, сол сияқты олардың қызметтiк қаруды және оған арналған патрондарды өз мақсатында пайдаланбауы, -
      азаматтық қаруының өтемi төленiп алып қойылып немесе онсыз
айлық есептiк көрсеткiштiң бестен он беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 369-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       370-бап. Газ қаруын заңсыз қолдану

      1. Газ қаруын заңсыз қолдану, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      қаруы тәркiлене отырып немесе онысыз, айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 370-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      371-бап. Азаматтық және қызметтiк қаруды тiркеу (қайта
                 тiркеу) тәртібін не оны есепке қою тәртібін
                 бұзу

      1. Мынадай:
      1) жеке тұлғаның қаруды сатып алғаннан кейiн тiркеу және оны сақтауға және (немесе) алып жүруге рұқсат алу;
      2) жеке тұлғаның азаматтық қаруды сақтауға және (немесе) алып жүруге рұқсатты ұзарту туралы iшкi iстер органына өтiнiш беру;
      3) қару иесiнiң өзіне тиесiлi қарудың жоғалғаны немесе ұрланғаны туралы iшкi iстер органын хабардар ету;
      4) жеке тұлғаның тұрғылықты жерiн өзгерткен кезде қаруды есепке қою үшiн iшкi iстер органдарына өтiнiш беру;
      5) заңды тұлғалардың қызметтiк және (немесе) азаматтық қаруды сатып алғаннан кейiн оны iшкi iстер органдарында тiркеу мерзiмдерiн бұзу арқылы азаматтық және қызметтiк қаруды тiркеу (қайта тiркеу) тәртiбiн не оны есепке қою тәртібін бұзу -
      жеке тұлғаларға - бес, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - он, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер -
      жеке тұлғаларға - қаруы ақылы түрде алып қойылып, он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - он бес, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жетпiс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 371-бап жаңа редакцияда - ҚР 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       372-бап. Азаматтық қаруды, оған арналған патрондарды
               сату үшiн өткiзуден жалтару

      Азаматтық қаруды, оған арналған патрондарды сақтауға рұқсатты iшкi iстер органдары алып қойған жеке тұлғалардың оларды сату үшiн өткiзуден жалтаруы, -
      қарудың өтемiн төлеп алып қоя отырып, айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 372-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       373-бап. Бейбiт жиналыстар, митингiлер, шерулер,
               тосқауылдар мен демонстрациялар ұйымдастыру
               мен өткiзудiң тәртiбi туралы заңдарды бұзу

      1. Жиналыстар, митингiлер, шерулер, тосқауылдар, демонстрациялар не өзге де көпшiлiк iс-шараларын ұйымдастыру немесе өткiзу тәртiбi туралы Қазақстан Республикасының заңдарын бұзу не оларды ұйымдастыруға немесе өткiзуге кедергi жасау, сол сияқты заңсыз жиналыстарға, митингiлерге, шерулерге, демонстрацияларға не өзге де көпшiлiкке арналған iс-шараларға қатысу, егер бұл iс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгiлерi болмаса, -
      жеке тұлғаларға - ескерту жасауға немесе айлық есептiк көрсеткiштің жиырмаға дейiнгi мөлшерiнде айыппұл салуға, лауазымды адамдарға - айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Рұқсат етiлмеген жиналысқа, митингке, тосқауылға, демонстрацияға не өзге де көпшiлiк iс-шараларына қатысушыларға ұйымның басшыларының және басқа да лауазымды адамдарының үй-жай не өзге де мүлiктер (байланыс құралдарын, көбейту техникасын, жабдықтар, көлiк) беруi немесе осындай iс-шараларды ұйымдастыру мен өткiзу үшiн өзге де жағдайлар туғызуы, -
      айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Әкiмшiлiк жаза шаралары қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған не жиналысты, митингiні, шерудi, демонстрацияны ұйымдастырушы жасаған нақ сол iс-әрекеттер –
      айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға не он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 373-бапқа өзгерістер енгізілді - ҚР 2005.07.08 N 67 (Заңның қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       374-бап. Қоғамдық бiрлестiктер туралы заңдарды бұзу

      1. Қоғамдық бiрлестiк басшыларының, мүшелерiнiң не қоғамдық бiрлестiктiң осы қоғамдық бiрлестiктердiң жарғыларында белгiленген мақсаттары мен мiндеттерiнiң шегiнен тыс iс-әрекеттер жасауы, -
      қоғамдық бiрлестiктiң басшыларына - ескерту жасауға немесе айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл салуға, қоғамдық бiрлестіктің мүшелерiне - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға, қоғамдық бiрлестiкке айлық есептiк көрсеткiштiң екi жүзге дейінгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қоғамдық бiрлестiк басшыларының, мүшелерінің не қоғамдық бiрлестiктiң Қазақстан Республикасының заңдарын бұзатын іс-әрекеттер жасауы, -
      қоғамдық бiрлестiктiң қызметiн үш айдан алты айға дейінгi мерзiмге тоқтата отырып, қоғамдық бiрлестiктің басшыларына - айлық есептiк көрсеткiштiң жүзге дейiнгi мөлшерiнде айыппұл салуға, қоғамдық бiрлестiктiң мүшелерiне айлық есептік көрсеткiштiң елуге дейiнгi мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      қоғамдық бiрлестiктiң қызметiн үш айдан алты айға дейiнгі мерзiмге тоқтата отырып, қоғамдық бiрлестiктiң басшыларына - айлық есептiк көрсеткіштің жүз елуге дейiнгі мөлшерiнде айыппұл салуға, қоғамдық бiрлестiктің мүшелеріне айлық есептiк көрсеткіштің жүзге дейінгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, сол сияқты осы баптың үшiншi бөлiгiнде көзделген бұзушылықтарды жоймау, -
      қоғамдық бiрлестіктің қызметiне тыйым сала отырып, қоғамдық бiрлестiктің басшыларына - айлық есептiк көрсеткiштiң екi жүзден төрт жүзге дейiнгi мөлшерiнде айыппұл салуға, қоғамдық бiрлестiктің мүшелерiне айлық есептiк көрсеткiштiң жүзден екi жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      5. Шетелдiк заңды тұлғалардың және халықаралық ұйымдардың, шет ел қатысатын заңды тұлғалардың, мемлекеттік органдар мен ұйымдардың, қайырымдылық ұйымдарының саяси партияларды қаржыландыруы -
      заңсыз қайырмалдықтар тәркілене отырып, лауазымды адамдарға - төрт жүз айлық есептік көрсеткiш мөлшерiнде, заңсыз қайырмалдықтар тәркілене отырып, шетелдiк заңды тұлғаларға екi мың айлық есептiк көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Шетелдiктердің және азаматтығы жоқ адамдардың саяси партияларды қаржыландыруы, -
      заңсыз қайырымдылықтар тәркілене отырып және Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiбере отырып, екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      7. Саяси партиялардың заңсыз қайырмалдықтарды қабылдауы, -
      заңсыз қайырмалдықтар тәркiлене отырып және он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға ала отырып не онсыз саяси партияның қызметiне тыйым сала отырып, саяси партияның басшысына төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      8. Саяси партиялардың қаржылық қызметi туралы жылдық есептіктi Қазақстан Республикасының заңнамасында белгiленген мерзiм мен көлемде жарияламау, -
      саяси партияның қызметiн алты айға дейінгі мерзiмге тоқтата отырып, партияның басшысына айлық eceптiк көрсеткiштiң жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      9. Саяси партияның, оның құрылымдық бөлiмшелерiнің (филиалдары мен өкiлдiктерiнiң) Қазақстан Республикасының заңдарында көзделген жағдайларда қызметтi қайта тiркеусiз жүзеге асыруы, -
      саяси партияның қызметiне тыйым сала отырып, партияның басшысына айлық есептiк көрсеткiштiң жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 374-бап жаңа редакцияда - ҚР 2005.07.08 N 67 (Заңның қолданысқа енгізілу тәртібін  2-баптан қараңыз), өзгерту енгізілді - ҚР 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), ҚР 2011.10.11 № 484-ІV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       374-1-бап. Қазақстан Pecпубликасының заңдарында
                белгіленген тәртiппен тiркелмеген қоғамдық,
                дiни бiрлестiктердiң қызметiне басшылық
                жасау, қатысу, сондай-ақ олардың қызметiн
                қаржыландыру

      1. Қазақстан Республикасының заңдарында белгiленген тәртiппен тiркелмеген, сол сияқты қызметi тоқтатылған немесе тыйым салынған қоғамдық, дiни бiрлестiктердiң қызметiне басшылық жасау, -
      жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының заңдарында белгiленген тәртiппен тiркелмеген, сол сияқты қызметi тоқтатылған немесе тыйым салынған қоғамдық, дiни бiрлестiктердiң қызметiне қатысу, -
      елу айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасының заңдарында белгіленген тәртiппен тiркелмеген, сол сияқты қызметi тоқтатылған немесе тыйым салынған қоғамдық, дiни бiрлестiктердiң қызметiн қаржыландыру, -
      екi жүз айлық есептік көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 374-1-баппен толықтырылды - Қазақстан Республикасының 2005 жылғы 8 шілдедегі N 67 (Заңның қолданысқа енгізілу тәртібін  2-баптан қараңыз) Заңымен.

       375-бап. Діни қызмет және діни бірлестіктер туралы
                заңнаманы бұзу

      1. Мыналарға:
      дiни жораларды, рәсімдерді және (немесе) жиналыстарды өткізуге;
      қайырымдылық қызметтi жүзеге асыруға;
      діни әдебиетті және діни мазмұндағы (мақсаттағы) өзге де материалдарды, діни мақсаттағы заттарды әкелуге, шығаруға, басып шығаруға және (немесе) таратуға;
      ғибадат үйлерін (ғимараттарын) салуға, үйлерді (ғимараттарды) ғибадат үйлері (ғимараттары) етіп қайта бейіндеуге (функционалдық мақсатын өзгертуге) қойылатын Қазақстан Республикасының заңнамасында белгіленген талаптарды бұзу –
      жеке тұлғаларға – елу айлық есептiк көрсеткiш мөлшерінде, лауазымды адамдарға және дiни бiрлестiктердің басшыларына – жүз айлық есептiк көрсеткiш мөлшерінде, заңды тұлғаларға қызметiн үш ай мерзімге тоқтата тұрып, екі жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      2. Заңды діни қызметке кедергі жасау, сол сияқты дінге көзқарасы себебі бойынша жеке тұлғалардың азаматтық құқықтарын бұзу немесе олардың діни сезімдерін қорлау не қайсыбір дiндi ұстанушылар тәу ететін заттарды, құрылыстар мен орындарды бүлдіру, егер жоғарыда баяндалған барлық іс-әрекеттерде қылмыстық жаза қолданылатын әрекет белгілері болмаса, –
      жеке тұлғаларға – елу айлық есептiк көрсеткiш мөлшерінде, лауазымды адамдарға – жүз айлық есептiк көрсеткiш мөлшерінде, заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасы азаматтарының, шетелдіктер мен азаматтығы жоқ адамдардың тіркеусіз (қайта тіркеусіз) миссионерлiк қызметтi жүзеге асыруы, сол сияқты миссионерлердің дінтану сараптамасының оң қорытындысы жоқ діни әдебиетті, діни мазмұндағы ақпараттық материалдарды және діни мақсаттағы заттарды пайдалануы –
      Қазақстан Республикасының азаматтарына – жүз айлық есептiк көрсеткiш мөлшерінде, шетелдiктер мен азаматтығы жоқ адамдарға Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiбере отырып, жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      4. Діни бірлестіктің өз жарғысында (ережесiнде) көзделмеген қызметті жүзеге асыруы –
      лауазымды адамдарға және діни бірлестіктердің басшыларына – екі жүз айлық есептiк көрсеткiш мөлшерінде, заңды тұлғаларға қызметін үш ай мерзімге тоқтата тұрып, үш жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      5. Діни бірлестіктің саяси қызметпен айналысуы, сол сияқты саяси партиялардың қызметіне қатысуы және (немесе) оларға қаржылық қолдау көрсетуі, мемлекеттік органдардың қызметіне араласуы не мемлекеттік органдардың немесе олардың лауазымды адамдарының функцияларын діни бірлестіктер мүшелерінің иемденіп алуы -
      жеке тұлғаларға – жүз айлық есептiк көрсеткiш мөлшерінде, діни бірлестіктердің басшыларына – екі жүз айлық есептiк көрсеткiш мөлшерінде, заңды тұлғаларға қызметін үш ай мерзімге тоқтата тұрып, үш жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      6. Мемлекеттік органдарда, ұйымдар мен мекемелерде, білім беру және денсаулық сақтау ұйымдарында діни бірлестіктердің ұйымдық құрылымдарын құру –
      лауазымды адамдарға – жүз айлық есептiк көрсеткiш мөлшерінде, мемлекеттік органдардың, ұйымдар мен мекемелердің басшыларына екі жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      7. Уәкілетті органның келісуінсіз шетелдік діни орталық тағайындаған адамның діни бірлестікті басқаруы, сол сияқты діни бірлестік басшысының кәмелетке толмағанның ата-анасының біреуі немесе оның өзге де заңды өкілдері қарсылық білдірген кезде діни бірлестіктің қызметіне кәмелетке толмағандарды тартуға және (немесе) қатыстыруға жол бермейтін шаралар қолданбауы -
      Қазақстан Республикасының азаматтарына – елу айлық есептік көрсеткіш мөлшерінде, шетелдіктер мен азаматтығы жоқ адамдарға Республиканың шегiнен әкiмшiлiк жолмен шығарып жiбере отырып, елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Діни бірлестіктің Қазақстан Республикасының заңнамалық актілерінде тыйым салынған қызметті жүзеге асыруы, сол сияқты діни бірлестіктің өз қызметін тоқтата тұруға негіз болған бұзушылықтарды белгіленген мерзімде жоймауы –
      лауазымды адамдарға және діни бірлестіктердің басшыларына – үш жүз айлық есептiк көрсеткiш мөлшерінде, заңды тұлғаларға олардың қызметіне тыйым сала отырып, бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Осы баптың бірінші, екінші, үшінші, төртінші, бесінші және жетінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік) –
      жеке тұлғаларға – екі жүз айлық есептік көрсеткіш мөлшерінде, діни бірлестіктердің басшыларына – үш жүз айлық есептік көрсеткіш мөлшерінде, заңды тұлғаларға олардың қызметіне тыйым сала отырып, бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 375-бап жаңа редакцияда - ҚР 2011.10.11 № 484-ІV  (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      376-бап. Азаматтық хал актiлерiн жазу ережелерiн бұзу

      Некеге отыруға кедергi болатын мән-жайларды жасыру немесе азаматтық хал актiлерiн жазу органдарына жалған мәлiметтер беру, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң екiден беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      377-бап. Қазақстан Республикасында тiркеусiз не жеке
                басты куәландыратын құжаттарсыз тұру

      1. Қазақстан Республикасы азаматтарының жеке куәліксіз немесе жарамсыз жеке куәлікпен не тұрғылықты жері бойынша күнтізбелік он күннен астам мерзімде тiркеуден өтпей тұруы –
      ескерту жасауға немесе бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет, -
      он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасында шетелдiктiң немесе азаматтығы жоқ адамның тұруға ықтиярхатсыз немесе азаматтығы жоқ адамның куәлiгінciз не жарамсыз ықтиярхатпен, азаматтығы жоқ адамның куәлiгімен күнтізбелік он күннен астам мерзімде тұрақты тұруы, сондай-ақ паспорттың, тұруға ықтиярхаттың не азаматтығы жоқ адамның куәлігінің жоғалғаны туралы ішкі істер органдарын уақтылы хабардар етпеуі, -
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейін бір жыл iшiнде қайталап жасалған әрекеттер, -
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 377-бап жаңа редакцияда - ҚР 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен, өзгерістер енгізілді - ҚР 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      378-бап. Тұрғын жай меншік иесiнiң немесе қарамағында
                тұрғын жайлар, ғимараттар және (немесе)
                үй-жайлар бар басқа да адамдардың ішкі
                көшіп-қонушыларды тіркеу қағидаларын бұзуы

      1. Тұрғын жай меншік иесінің немесе қарамағында тұрғын жайлар, ғимараттар және (немесе) үй-жайлар бар басқа да адамдардың меншiк иесiне тиесілі немесе басқа да адамдардың қарамағындағы тұрғын жайларда, ғимараттарда және (немесе) үй-жайларда нақты тұрмайтын жеке тұлғаларды тiркеуге жол беруi -
      жеке тұлғаларға – бес, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – он бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет -
      жеке тұлғаларға – он, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жиырма бес, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Тұрғын жай меншік иесінің немесе қарамағында тұрғын жайлар, ғимараттар және (немесе) үй-жайлар бар басқа да адамдардың меншiк иесiне тиесілі немесе басқа да адамдардың қарамағындағы тұрғын жайларда, ғимараттарда және (немесе) үй-жайларда тіркелген және тұрмайтын жеке тұлғаларды тiркеуден шығару жөнiнде шаралар қолданбауы -
      лауазымды адамдарға – он, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет -
      лауазымды адамдарға – жиырма, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – қырық, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сексен айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 378-бап жаңа редакцияда - ҚР 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      379-бап. Жеке тұлғалардан жеке басты куәландыратын
                құжаттарды заңсыз алып қою, сол сияқты оларды
                кепілге қабылдау

      1. Жеке тұлғалардан жеке басты куәландыратын құжаттарды заңсыз алып қою, сол сияқты оларды кепілге қабылдау,-
      ескерту жасауға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер,-
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Мемлекеттік органдардың лауазымды адамдарының жеке тұлғалардан жеке басты куәландыратын құжаттарды заңсыз алып қоюы, -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 379-бап жаңа редакцияда - ҚР 2013.01.29 N 74-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       380-бап. Жеке басты куәландыратын құжаттарды алған кезде
                 не Қазақстан Республикасында тұрақты тұруға
                 рұқсат алу үшін немесе Қазақстан Республикасының
                 азаматтығына қабылдау не Қазақстан
                 Республикасының азаматтығын қалпына келтіру
                 туралы өтініш берген кезде Қазақстан
                 Республикасының мемлекеттік органдарына көрiнеу
                 жалған мәлiметтер беру

      1. Жеке басты куәландыратын құжаттарды алған кезде Қазақстан Республикасының мемлекеттік органдарына көрiнеу жалған мәлiметтер беру, -
      жеке тұлғаларға – бес, лауазымды адамдарға он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Шетелдіктің немесе азаматтығы жоқ адамның Қазақстан Республикасында тұрақты тұруға рұқсат алу үшін немесе Қазақстан Республикасының азаматтығына қабылдау не Қазақстан Республикасының азаматтығын қалпына келтіру туралы өтініш берген кезде Қазақстан Республикасының мемлекеттік органдарына көрiнеу жалған мәлiметтер беруi, -
      Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберілуіне әкеп соғады.
      Ескерту. 380-бап жаңа редакцияда - 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       380-1-бап. Уақытша еңбекке жарамсыздық туралы парақты
                 және (немесе) анықтаманы заңсыз алу

      1. Ауруды өтiрiк сылтауратуы салдарынан уақытша еңбекке жарамсыздық туралы парақты және (немесе) анықтаманы заңсыз алу, -
      жеке тұлғаларға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған нақ сол әрекет, -
      жеке тұлғаларға айлық есептік көрсеткіштің оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      380-1-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      380-2-бап. Қазақстан Республикасының азаматтығы туралы
                  заңнаманы бұзу

      1. Қазақстан Республикасының азаматтығынан айрылған адамның Қазақстан Республикасы азаматының паспортын және (немесе) жеке куәлігін пайдалануы,-
      жеке тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мемлекеттік қызметтегі адамдар, сондай-ақ билік өкілінің функцияларын жүзеге асыратын не мемлекеттік органдарда ұйымдық-өкімдік немесе әкімшілік-шаруашылық функцияларды орындайтын адамдар жасаған нақ сол іс-әрекеттер,-
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға не Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберілуіне әкеп соғады.
      Ескерту. 380-2-баппен толықтырылды - 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      381-бап. Алғашқы статистикалық деректерді ұсыну тәртібін
                бұзу

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.03.19 № 258-IV Заңдарымен.

      1. Мемлекеттік статистиканың тиісті органдарына алғашқы статистикалық деректерді уақтылы ұсынбау, дәйексіз алғашқы статистикалық деректерді ұсыну –
      жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
      2. Мемлекеттік статистиканың тиісті органдарына алғашқы статистикалық деректерді ұсынбау, сондай-ақ осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      жеке тұлғаларға - бес, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 381-бап жаңа редакцияда - ҚР 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), өзгерту енгізілді - ҚР 2010.03.19 № 258-IV Заңдарымен.

       381-1-бап. Құқықтық статистика мен арнайы есеп
                   деректерiн табыс етуден бас тарту, табыс
                   етпеу, уақтылы табыс етпеу, жасыру, қосып
                   жазу және басқа да бұрмалаушылықтар

       1. Құқықтық статистика мен арнайы есептер саласындағы қызметтi жүзеге асыратын мемлекеттік органға құқықтық статистика мен арнайы есеп деректерiн табыс етуден бас тарту, табыс етпеу, оларды белгiленген мерзiмдi бұзып табыс ету, жасыру, қосып жазу, құқықтық статистика мен арнайы есептеу деректерiн басқа да қасақана бұрмалаушылықтар, сол сияқты құқықтық статистикалық ақпаратты және арнайы есептер мәлiметтерiн алуға қандай да бiр нысанда болсын кедергi жасау, -
      лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Денсаулық сақтау саласында жасалған нақ сол әрекеттер, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 381-1-баппен толықтырылды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2006.07.07 N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      381-2-бап. Әкімшілік деректер ұсыну тәртібін бұзу

      1. Мемлекеттік статистика саласындағы уәкілетті органға әкімшілік деректерді уақтылы ұсынбау, дәйексіз деректер ұсыну –
      әкімшілік дереккөздердің лауазымды адамдарына ескерту жасауға әкеп соғады.
      2. Мемлекеттік статистика саласындағы уәкілетті органға әкімшілік деректерді ұсынбау, сондай-ақ осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, –
      әкімшілік дереккөздердің лауазымды адамдарына жеті айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 381-2-баппен толықтырылды - ҚР 2010.03.19 № 258-IV Заңымен.

      382-бап. Статистикалық байқаулар жүргiзуден бас тарту

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.03.19 № 258-IV Заңымен.

      Лауазымды адамдардың өздерiне жүктелген статистикалық байқаулар жүргiзу жөнiндегi мемлекеттiк мiндеттердi орындаудан бас тартуы немесе оларды уақытында орындамауы, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 382-бапқа өзгерту енгізілді - ҚР 2010.03.19 № 258-IV Заңымен.

      383-бап. Лауазымды адамның алғашқы статистикалық
                деректерді, статистикалық ақпаратты және
                (немесе) деректер базаларын жоғалтуы, сатуы,
                беруі немесе өзге де заңсыз жария етуі

      Мемлекеттік статистика органдары лауазымды адамының респондентті сәйкестендіруге мүмкіндік беретін алғашқы статистикалық деректерді, статистикалық ақпаратты және (немесе) деректер базаларын жоғалтуы, сатуы, беруі немесе өзге де заңсыз жария етуі, егер бұл іс-әрекеттерде қылмыстық жазаланатын әрекет белгілері болмаса, –
      айлық есептік көрсеткіштің онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 383-бап жаңа редакцияда - ҚР 2010.03.19 № 258-IV Заңымен.

      384-бап. Алғашқы статистикалық деректерді бекітілмеген
                статистикалық нысан бойынша жинау

      Алғашқы статистикалық деректерді бекітілмеген статистикалық нысан бойынша жинау –
      лауазымды адамдарға ескерту жасауға немесе айлық есептік көрсеткіштің онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 384-бап жаңа редакцияда - ҚР 2010.03.19 № 258-IV Заңымен.

      384-1-бап. Әкімшілік деректерді келісілмеген нысан бойынша
                  жинау

      Әкімшілік деректерді келісілмеген нысан бойынша жинау –
      лауазымды адамдарға ескерту жасауға немесе бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 384-1-баппен толықтырылды - ҚР 2010.03.19 № 258-IV Заңымен.

      385-бап. Ақпарат құпиялылығы дәрежесiн анықтау мен
               белгiлеу ережесiн бұзу

      1. Ақпарат құпиялылығы дәрежесiн анықтау мен белгiлеу ережесiн бұзу, егер бұл iс-әрекеттерде қылмыс белгiлерi болмаса, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Заңдылықтың бұзылғандығын жасыру мақсатында жасалған нақ сол iс-әрекеттер, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң оннан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      386-бап. Құпиялылық режимiн қамтамасыз ету жөнiнде
               белгiленген талаптарды бұзу

      1. Мемлекеттiк құпияларға рұқсат етудiң белгiленген тәртiбiн бұзу, -
      айлық есептiк көрсеткiштiң бестен жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Құпия мәлiметтермен және олар сақталған көздермен жұмыс кезiнде лауазымды адамдардың құпиялық режимiн қамтамасыз ету жөнiнде белгiленген талаптарды бұзуы, eгep бұл әрекеттерде қылмыс белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң бестен жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Құпия мәлiметтердiң жария болуына немесе құпия мәлiметтердiң және олар сақталған көздердiң жоғалуына әкеп соққан бiрақ мемлекеттiк құпиясы жоқ, нақ сол iс-әрекеттер, -
      қызметтiң белгiлi бiр түрiне арнайы рұқсаттан айыра отырып немесе онысыз, айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 386-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

      387-бап. Қалалар мен елдi мекендердiң аумақтарын
               көрiктендiру ережелерiн бұзу, сондай-ақ қалалар
               мен елді мекендер инфрақұрылымы объектілерін
               бұзу, жасыл екпелерін жою және бүлдіру

      1. Қалалар мен елдi мекендердiң аумақтарын көрiктендiру ережелерiн бұзу, сондай-ақ қалалар мен елді мекендер инфрақұрылымы объектілерін бұзу, жасыл екпелерін жою және бүлдіру, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыздан елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 387-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.10. N 180-IV Заңдарымен.

       388-бап. Күзетiлетiн объектiлерге заңсыз ену

      Қазақстан Республикасының заңдарына сәйкес Қазақстан Республикасы Мемлекеттік күзет қызметі, Ұлттық қауiпсiздiк комитетiнiң, Iшкi iстер министрлiгiнiң, Қорғаныс министрлiгiнiң органдары мен бөлiмшелерi күзететiн объектiге заңсыз ену, -
      айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде айыппұл салуға немесе он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамауға алуға әкеп соғады.
      Ескерту. 388-бапқа өзгеріс енгізілді - ҚР 04.07.2014 N 233-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      388-1-бап. Ұлттық алдын алу тетігі қатысушыларының
                  қызметіне кедергі келтіру

      Ұлттық алдын алу тетігі қатысушыларының құқықтары мен заңды мүдделерінің елеулі түрде бұзылуына әкеп соқтырған, лауазымды адамның олардың заңды қызметіне қызмет бабын пайдалана отырып кедергі келтіруі, сол сияқты лауазымды адамның бұл қызметке өзінің қызмет бабын пайдалана отырып араласуы -
      айлық есептік көрсеткіштің жиырмадан қырыққа дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 388-1-баппен толықтырылды - ҚР 02.07.2013 № 111-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

25-тарау. ҚАЗАҚСТАН РЕСПУБЛИКАСЫ МЕМЛЕКЕТТIК ШЕКАРАСЫ
РЕЖИМIНIҢ БЕЛГIЛЕНГЕН ТӘРТIБIНЕ ЖӘНЕ ҚАЗАҚСТАН
РЕСПУБЛИКАСЫНЫҢ АУМАҒЫНДА БОЛУ ТӘРТIБIНЕ ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      389-бап. Шекара аймағында шекара режимiн және
               жекелеген жерлерде болу тәртiбiн бұзу

      1. Шекара аймағына кiру (өту), уақытша болу немесе жүрiп-тұру ережелерiн бұзу, -
      ескерту жасауға немесе айлық есептік көрсеткіштің үштен беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Уәкiлеттi мемлекеттiк органның рұқсатынсыз не белгiленген тәртiптi бұза отырып шекара аймағында шаруашылық, кәсiпшiлiк немесе өзге де қызметтер жүргiзу, мал ұстау немесе бағу, бұқаралық қоғамдық-саяси, мәдени немесе өзге де iс-шаралар өткiзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде, лауазымды адамдарға бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Жекелеген жерлерде болудың заңдармен белгiленген тәртiбiн бұзу, -
      айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 389-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.12.19. N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі) Заңдарымен.

      389-1-бап. Қазақстан Республикасы Қарулы Күштерінің,
                  Қазақстан Республикасының басқа да әскерлері
                  мен әскери құралымдарының арсеналдары, базалары
                  мен қоймалары жанындағы тыйым салынған аймақпен
                  Қазақстан Республикасы Қарулы Күштерінің,
                  Қазақстан Республикасының басқа да әскерлері
                  мен әскери құралымдарының арсеналдары, базалары
                  мен қоймалары жанындағы тыйым салынған аудан
                  аумағында белгіленген шектеулерді бұзу

      1. Жеке тұлғалардың Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары жанындағы тыйым салынған аймақтың аумағында болуы, -
      айлық есептік көрсеткіштің үштен беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары жанындағы тыйым салынған аймақ аумағында диверсияға қарсы және өртке қарсы қауіпсіздікті қамтамасыз ету мақсатында жүзеге асырылатын жұмыстарды қоспағанда, құрылыс салу және қандай да бір жұмыстар жүргізу, -
      жеке тұлғаларға айлық есептік көрсеткіштің – бестен онға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – оннан жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыздан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары жанындағы тыйым салынған аудан аумағында атыс қаруынан оқ ату, пиротехникалық құралдарды пайдалану, сондай-ақ атыс тирлерін, стендтері мен атыс орындарын орнату, -
      жеке тұлғаларға айлық есептік көрсеткіштің – бестен онға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – оннан жиырмаға дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыздан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 389-1-баппен толықтырылды - ҚР 2011.04.18 N 429-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      390-бап. Қазақстан Республикасының аумақтық суларының
                (теңізінің) және ішкі суларының режимін бұзу

      1. Қазақстан Республикасының аумақтық суларында (теңізінде) және iшкi суларында, шекара өзендерi, көлдерi және өзге де су қоймалары суларының қазақстандық бөлiгiнде шағын көлемдi өздiгiнен жүзетiн және өздiгiнен жүзбейтiн (су бетiндегi және су астындағы) қазақстандық кемелердi (құралдарды) есепке алудың, күтiп-ұстаудың, олардың негiзгi бекеттерден шығуының және негiзгi бекеттерге оралуының, суда болуының және кемелердiң (құралдардың) мұз арқылы қозғалуының белгiленген ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Уәкiлеттi мемлекеттiк органның рұқсатынсыз, Қазақстан Республикасының заңнамасында белгіленген тәртіпті бұза отырып, Қазақстан Республикасының аумақтық суларында (теңізінде) және iшкi суларында шекара өзендерi, көлдерi мен өзге де су қоймалары суларының қазақстандық бөлiгiнде кәсiпшiлiк, зерттеу, iздестiру немесе өзге қызметтер жүргiзу, -
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болған көлік құралдары мен өзге де заттары тәркілене отырып немесе онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 390-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2007.12.19. N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі) Заңдарымен.

      391-бап. Қазақстан Республикасының Мемлекеттiк
               шекарасы арқылы өткiзу бекеттерiнде режимдi
               бұзу

      1. Қазақстан Республикасы азаматының Қазақстан Республикасының Мемлекеттiк шекарасы арқылы өткiзу бекеттерiнде режимдi бұзу, -
      айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Шетел азаматы немесе азаматтығы жоқ адам жасаған нақ сол iс-әрекеттер, -
      Қазақстан Республикасы аумағынан әкiмшiлiк жолмен шығарып жiбере отырып немесе онысыз, айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      391-1-бап. Қазақстан Республикасының Мемлекеттiк
                 шекарасы режимiн бұзу

      1. Осы баптың екiншi бөлiгiнде көзделген iс-әрекеттердi қоспағанда, Қазақстан Республикасының Мемлекеттiк шекарасы режимiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыздан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының Мемлекеттiк шекарасында уәкiлеттi органның рұқсатынсыз кәсiпшiлiк, зерттеушiлiк, iздестiрушiлiк немесе өзге де қызметтердi жүргiзу, -
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болған көлік құралдары мен өзге де заттары тәркілене отырып немесе онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жүзден үш жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, шетелдiк немесе азаматтығы жоқ адам жасаған iс-әрекеттер, -
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болған көлік құралдары мен өзге де заттары тәркілене отырып немесе онсыз, айлық есептiк көрсеткiштiң қырықтан жүзге дейiнгi мөлшерiнде айыппұл салуға немесе он тәулiкке дейiн әкiмшiлiк қамауға алынып, Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберiлуiне әкеп соғады.
      Ескерту. 391-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       392-бап. Қазақстан Республикасының Мемлекеттiк
               шекарасы арқылы заңсыз алып өту

      1. Халықаралық тасымалды жүзеге асыратын көлiк ұйымының немесе өзге де ұйымның Қазақстан Республикасының Мемлекеттiк шекарасынан бiр немесе бiрнеше тәртiп бұзушының заңсыз өтуiне немесе заңсыз өтуге әрекет жасауына әкеп соқтырған адамдардың көлiк құралына заңсыз кiруiн және оны Қазақстан Республикасының Мемлекеттiк шекарасынан заңсыз өту үшiн пайдалануын болдырмау жөнiнде шараларды қолданбауы, -
      айлық есептiк көрсеткiштiң екi жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Халықаралық тасымалды жүзеге асыратын көлiк ұйымы немесе өзге де ұйым қызметкерiнiң өзiнiң қызметтiк мiндеттерiне кiретiн, Қазақстан Республикасының мемлекеттiк шекарасынан заңсыз өтуге әкеп соқтырған адамдардың көлiк құралына заңсыз кiруiн және оны Қазақстан Республикасының Мемлекеттiк шекарасын заңсыз кесiп өту үшiн пайдалануын болдырмау жөнiнде шаралар қолданбауы, егер аталған әрекет бiр немесе бiрнеше тәртiп бұзушының Қазақстан Республикасының Мемлекеттiк шекарасынан заңсыз өту қылмысына немесе заңсыз өтуге әрекет жасауына жәрдемдесу болып табылмаса, -
      айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Жеке шаруамен Қазақстан Республикасының Мемлекеттiк шекарасынан өтетiн адамның, бiр немесе бiрнеше тәртiп бұзушының Қазақстан Республикасының Мемлекеттiк шекарасынан заңсыз өтуiне немесе заңсыз өтуге әрекет жасауына әкеп соққан, өзi басқаратын көлiк құралын басқа адамның Қазақстан Республикасының Мемлекеттiк шекарасынан заңсыз өту үшiн пайдалануын болдырмау жөнiнде шаралар қолданбауы, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      393-бап. Әскери қызметшінің Қазақстан Республикасының
                Мемлекеттік шекарасын күзету жөніндегі
                міндеттерді атқаруымен байланысты оның заңды
                өкіміне немесе талабына, сондай-ақ Қазақстан
                Республикасының Мемлекеттік шекарасын қорғауға
                қатысатын адамдардың заңды талабына бағынбау

      Әскери қызметшінің Қазақстан Республикасының Мемлекеттік шекарасын күзету жөніндегі міндеттерді атқаруымен байланысты оның заңды өкіміне немесе талабына, сондай-ақ Қазақстан Республикасының Мемлекеттік шекарасын қорғауға қатысатын адамдардың заңды талабына бағынбау –
      айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға немесе он бес тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
      Ескерту. 393-бап жаңа редакцияда - ҚР 2013.01.16 N 71-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      394-бап. Шетелдiктiң немесе азаматтығы жоқ адамның
                Қазақстан Республикасында болу қағидаларын бұзуы

      1. Шетелдiктiң немесе азаматтығы жоқ адамның Қазақстан Республикасының заңнамасында белгіленген тiркелу мерзімдерін не жүрiп-тұрудың немесе тұрғылықты жер таңдаудың тәртiбiн сақтамауынан көрiнген Қазақстан Республикасында болу қағидаларын бұзуы, -
      он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер, -
      он тәулiкке дейiнгі мерзімге әкiмшiлiк қамауға алуға әкеп соғады.
      3. Шетелдiктiң немесе азаматтығы жоқ адамның Қазақстан Республикасына заңсыз келуінен, белгiленген мерзiмдерде қайтып кетуден  жалтаруынан, келу мақсатының визада не тіркеу кезінде көші-қон карточкасында көрсетілген мақсаттарға сай болмауынан, сондай-ақ нақты тұратын жері тіркеу кезінде көрсетiлген мекенжайға сәйкес келмеуінен, сол сияқты Қазақстан Республикасының аумағы арқылы транзиттік жол жүру қағидаларын сақтамауынан көрінген Қазақстан Республикасында болу қағидаларын бұзуы, -
      қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он тәулiкке дейiнгі мерзімге әкiмшiлiк қамауға алуға әкеп соғады.
      4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер, -
      Он бес тәулiкке дейiн әкiмшiлiк қамауға алынып, Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберілуіне әкеп соғады.
      Ескерту. 394-бап жаңа редакцияда - 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен, өзгеріс енгізілді - ҚР 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      394-1-бап. Шығарып жiберу туралы шешiмдi орындамау

      Шетелдіктердің және азаматтығы жоқ адамдардың өздерiне қатысты қабылданған Қазақстан Республикасының шегiнен шығарып жiберу туралы шешiмдердi орындамауы –
      айлық есептiк көрсеткiштiң бір жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 25-тарау 394-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      395-бап. Жеке немесе заңды тұлғалардың Қазақстан
                Республикасында шетелдiктердiң болу қағидаларын
                бұзуы

      1. Қазақстан Республикасына шетелдiктердi немесе азаматтығы жоқ адамдарды жеке шаруамен шақырған Қазақстан Республикасы азаматының, шетелдіктің немесе азаматтығы жоқ адамның оларды уақтылы тiркеу, олардың Қазақстан Республикасында болу, ел аумағында жүрiп-тұру құқығына құжаттарды ресімдеу және белгiленген болу мерзiмi аяқталғаннан кейiн Қазақстан Республикасынан қайтып кетуi жөнінде шаралар қабылдамауы, –
      бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасында шетелдiктердi немесе азаматтығы жоқ адамдарды қабылдайтын дара кәсіпкердің, лауазымды адамның немесе заңды тұлғаның оларды уақтылы тiркеу, олардың Қазақстан Республикасына келу, оның аумағында болу және жүріп-тұру құқығына құжаттарды ресімдеу және белгіленген болу мерзімі аяқталғаннан кейін Қазақстан Республикасынан қайтып кетуі жөнінде шаралар қабылдамауы, –
      лауазымды адамдарға – он, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Қазақстан Республикасына заңсыз келуден, оның аумағында заңсыз жүріп-тұрудан, белгiленген мерзiмде Қазақстан Республикасынан қайтып кетуден жалтарудан, нақты тұратын жері тіркеу кезінде көрсетiлген мекенжайға сәйкес келмеуінен көрінген, Қазақстан Республикасында шетелдіктердің болу қағидаларын бұза отырып, Қазақстан Республикасына келген шетелдікке немесе азаматтығы жоқ адамға тұрғын үй беру, -
      жеке тұлғаларға ескерту жасауға, лауазымды адамдарға – он, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшiншi бөлiктерінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер, -
      жеке тұлғаларға – он, лауазымды адамдарға – он бес, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Лауазымды адамның Қазақстан Республикасының аумағына келген шетелдікпен немесе азаматтығы жоқ адаммен мәмілелер жасасуы, -
      лауазымды адамдарға он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер, -
      лауазымды адамдарға он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 395-бап жаңа редакцияда - ҚР 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      396-бап. Қазақстан Республикасының заңнамасын бұза
                отырып, шетелдік жұмыс күшін және еңбекші көшіп
                келушілерді тарту, Қазақстан Республикасында
                шетелдіктің немесе азаматтығы жоқ адамның еңбек
                қызметін заңсыз жүзеге асыруы

      1. Жұмыс берушiнiң шетелдiк жұмыс күшiн жергiлiктi атқарушы органның рұқсатынсыз тартуы немесе жұмысқа орналасуға рұқсаты жоқ шетелдiктер мен азаматтығы жоқ адамдардың еңбегiн пайдалануы -
      жеке тұлғаларға – отыз, лауазымды адамдарға – елу, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екi жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жұмыс берушiнiң шетелдiк қызметкердi жергiлiктi атқарушы органның шетелдiк жұмыс күшiн тартуға арналған рұқсатында көрсетiлген лауазымға (кәсiпке немесе мамандыққа) сәйкес келмейтiн лауазымға (кәсiпке немесе мамандыққа) тартуы –
      лауазымды адамдарға – елу, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – екi жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер -
      жеке тұлғаларға – елу, лауазымды адамдарға – бiр жүз, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – үш жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бiр мың бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Жұмысқа орналасуға арналған рұқсатты алу еңбек қызметiн жүзеге асырудың қажеттi шарты болып табылатын жағдайда, шетелдiктiң немесе азаматтығы жоқ адамның осындай рұқсатты алмай Қазақстан Республикасында еңбек қызметiн жүзеге асыруы –
      Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiбере отырып, жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      5. Жұмыс беруші жеке тұлғаның үй шаруашылығында жұмыстар орындауға (қызметтер көрсетуге) еңбекші көшіп келушілерді ішкі істер органдары беретін тиісті рұқсатсыз тартуы немесе бір жұмыс беруші жеке тұлғаның бір мезгілде бестен көп еңбекші көшіп келушімен үй шаруашылығында жұмыстар орындау (қызметтер көрсету) бойынша еңбек шарттарын жасасуы -
      отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Осы баптың бесінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер –
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 396-бап жаңа редакцияда - ҚР 10.12.2013 № 153-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      397-бап. Алып тасталды - ҚР 2007.07.06. N 276 Заңымен.

      398-бап. Босқынның тұру ережелерін бұзуы

      Ескерту. 398-бап алынып тасталды - ҚР 2009.12.04 N 217-IV (2010 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       399-бап. Қазақстан Республикасының азаматтарын шетелде
                 еңбекке орналастыру жөнiндегi заңсыз қызмет

      Қазақстан Республикасының азаматтарын шетелде еңбекке орналастыру жөнiндегi қызметтi жөнсiз жарнаманы пайдаланып, не толық емес немесе дәйексiз ақпарат берiп жүзеге асыру, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмадан жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 399-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2006.03.02 N 131, 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

  26-тарау. КЕДЕН IСТЕРI САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      400-бап. Кеден бақылауы аймағының режимiн бұзу

      Кеден бақылауы аймағының шекарасы арқылы және оның шегiнде тауарлардың, көлiк құралдарының және мемлекеттiк органдардың (кеденнен басқа) лауазымды адамдарын қоса алғанда, адамдардың орын ауыстыруы, сондай-ақ Қазақстан Республикасының заңдарымен көзделген жағдайларды қоспағанда, Қазақстан Республикасы кеден органының рұқсатынсыз осы аймақта кәсiпкерлiк қызметтi жүзеге асыру не кеден бақылауы аймағының режимiн бұзатын өзге де iс-әрекеттер жасау, қылмыс белгiлерi болмаған кезде, -
      ескерту жасауға немесе жеке тұлғаларға, лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 400-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      400-1-бап. Кеден ісі саласындағы қызметті жүзеге асыру
                  тәртібін бұзу

      Кеден өкілінің, уақытша сақтау орны немесе қоймасы, еркін немесе кедендік қойма, баж салынбайтын сауда дүкені иелерінің осындай қызметті «Қазақстан Республикасындағы кеден ісі туралы» Қазақстан Республикасының кодексіне сәйкес жүзеге асыру шарттары мен міндеттерін сақтамауы не уақытша сақтау орнын немесе қоймасын, еркін немесе кедендік қойманы, баж салынбайтын сауда дүкенін құруға арналған үй-жайдың немесе аумақтың кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгіленген талаптарға сәйкес келмеуі -
      жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 400-1-баппен толықтырылды - ҚР-ның 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      400-2-бап. Кедендік тасымалдаушының қызметті жүзеге асыру
                 тәртібін бұзуы

      Кедендік тасымалдаушының осындай қызметті жүзеге асыру үшін кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында көзделген шарттар мен міндеттерді сақтамауы, оның ішінде көлік құралы орналасқан жерді кеден органының анықтауына мүмкіндік беретін, сол көлік құралында техникалық жабдықтың болмауы не оның ақаулы болуы -
      жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 400-2-баппен толықтырылды - ҚР-ның 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

       401-бап. Кеден одағының кедендік шекарасынан өткеннен
                кейін өткізу пунктіне тауарлар мен көлік
                құралдарының келгені туралы Қазақстан
                Республикасының кеден органына хабарламау

      Жеке тұлғалардың тауарлар мен көлік құралдарын оңайлатылған немесе жеңілдікті тәртіппен өткізуін қоспағанда, тауарлар мен көлiк құралдарын кеден одағының кедендік аумағына әкелген кезде Қазақстан Республикасының кеден органына кеден одағының кедендік шекарасынан өтетiндiгi туралы хабарламау, оның ішінде кедендік шекарадан өткен кезде кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасына сәйкес табыс ету міндетті болып табылатын кеден құжаттарын табыс етпеу -
      ескерту жасауға немесе жеке тұлғаларға - бес, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға - он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 401-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

       402-бап. Өткізу пунктінде Қазақстан Республикасы
               кеден органының рұқсатынсыз тауарлар мен көлiк
               құралдарының кеден одағының кеден аумағынан
               тысқары жерге кетуі

      1. Жеке тұлғалардың тауарлар мен көлік құралдарын оңайлатылған немесе жеңілдікті тәртіппен өткізуін қоспағанда, егер тауарлар мен көлік құралдары кедендік бақылауда болса не тауарлар мен көлік құралдарын әкету оларды кедендік бақылауға орналастыруды көздесе, өткізу пунктінде тауарлар мен көлiк құралдарын кедендік шекара арқылы кеден одағының кедендік аумағынан тысқары жерге әкету ниетi туралы Қазақстан Республикасының кеден органына хабарламау, оның ішінде кеден одағының кедендік аумағынан әкету кезінде кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасына сәйкес табыс етілуі міндетті болып табылатын кеден құжаттарын табыс етпеу -
      ескерту жасауға немесе жеке тұлғаларға - бес, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - он бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 402-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      403-бап. Авария немесе еңсерілмейтін күштің әсері
                жағдайында шаралар қолданбау

      Авария немесе еңсерілмейтін күштiң әсерi жағдайында Кеден одағына мүше мемлекеттердің кеден органы белгілеген орынға жеткiзуге қабылданған немесе транзитпен өткізілетін тауарлар мен көлiк құралдарының сақталуын қамтамасыз ету үшiн шаралар қолданбау, олардың қандай да болсын рұқсатсыз пайдаланылуына жол беру, Қазақстан Республикасының жақын маңдағы кеден органына істің мән-жайы, осындай тауарлар мен көлік құралдарының орналасқан жері туралы хабарламау не оларды Қазақстан Республикасының жақын маңдағы кеден органына тасымалдауды немесе осы органның лауазымды адамдарын тауарлар мен көлік құралдарының орналасқан жеріне жеткізуді қамтамасыз етпеу –
      жеке тұлғаларға – айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – оннан он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 403-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       404-бап. Тауарларды және көлiк құралдарын жеткiзу
               орнына бермеу

      Тауарларды және көлiк құралдарын жеткiзу орнына бермеу және олардың құжаттарын Қазақстан Республикасының кеден органына тапсырмау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 404-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

       405-бап. Тауарларды, көлiк құралдарын және олардың
               құжаттарын Қазақстан Республикасы кеден
               органының рұқсатынсыз беру, жоғалту немесе
               Қазақстан Республикасының кеден органына
               жеткiзбеу

      1. Кедендiк бақылауда тұрған тауарлар мен көлiк құралдарын Қазақстан Республикасы кеден органының рұқсатынсыз беру, жоғалту немесе Кеден одағына мүше мемлекеттердің кеден органы белгілеген орынға жеткiзбеу –
      әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып не онсыз, қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Кедендiк бақылауда тұрған тауарлар мен көлiк құралдарының Қазақстан Республикасының кеден органына тапсыру үшін қабылданған кедендiк немесе өзге де құжаттарын жоғалту немесе жеткiзбеу –
      ескерту жасауға не айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Тауарларды, көлiк құралдарын және олардың құжаттарын Кеден одағына мүше мемлекеттердің кеден органы белгілеген жеткiзу мерзімін сақтамау –
      ескерту жасауға не айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 405-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       406-бап. Көлiк құралын тоқтатпау

      Мұндай тоқтатпау көлiк құралының техникалық ақаулығынан немесе еңсерілмейтін күштiң әсерiнен болған жағдайларды қоспағанда, кеден одағының кедендік шекарасы арқылы өтетiн көлiк құралын, сондай-ақ кеден одағының кедендік шекарасы арқылы тауар ретiнде өткiзiлетiн көлiк құралын Қазақстан Республикасының кеден органы белгiлейтін орындарда тоқтатпау -
      он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 406-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      407-бап. Көлiк құралын Қазақстан Республикасы кеден
               органының рұқсатынсыз жөнелту

      Кедендiк бақылауда тұрған көлiк құралын не кеден одағының кедендік шекарасы арқылы тауар ретiнде өткiзiлетiн көлiк құралын оның тұрған орнынан Қазақстан Республикасы кеден органының рұқсатынсыз жөнелту -
      он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 407-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      408-бап. Кедендiк бақылауда тұрған кемеге және басқа
               жүзу құралдарына жанасып тоқтау

      Ескерту. 408-бап алынып тасталды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      409-бап. Тауарларды кедендік рәсімдеуге орналастыруға
                байланысты кедендік операцияларды жасау
                және тауарларды кедендік тазалау тәртiбiн бұзу

      Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, тауарларды кедендік рәсімге орналастыруға байланысты кедендік операцияларды жасау және тауарларды кедендік тазалау тәртiбiн бұзу, яғни кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленген тауарларды кедендiк ресiмдеуге орналастыру, кеден операцияларын жасау орны мен уақыты жөніндегі талаптарды, сондай-ақ тауарлардың жекелеген санаттарын кедендік рәсімдеуге орналастырудың бірінші кезектегі тәртібін қолдану шарттарын сақтамау -
      жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 409-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      409-1-бап. Кеден операцияларын жүргізу тәртібін бұзу

      1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгіленген кеден операцияларын жүргізу тәртібін бұзу -
      жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      кеден ісі саласында қызметті жүзеге асыратын тұлғаларды тиісті тізілімнен алып тастай отырып, елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 409-1-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

       410-бап. Кедендiк тазалау аяқталмаған тауарлармен заңсыз
                операциялар жүргiзу, жай-күйiн өзгерту,
                пайдалану және (немесе) билiк ету

      1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленген талаптар мен шарттарды бұза отырып, өздеріне қатысты тауарларды шығару туралы шешім қабылданбаған тауарлармен операциялар жүргiзу, олардың жай-күйiн өзгерту, оларды пайдалану және (немесе) оларға билiк ету –
      әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып немесе онсыз, жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып немесе онсыз, жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 410-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       411-бап. Қазақстан Республикасы кеден органының
               рұқсатынсыз жүргiзiлетiн жүк және өзге де
               операциялар

      Қазақстан Республикасы кеден органының рұқсатынсыз кеден бақылауында тұрған тауарларды және көлiк құралдарын тасымалдау, тиеу, түсiру, қайта тиеу, зақымданған орамды жөндеу, буып-түю, қайта буып-түю немесе тасымалдауға қабылдау, мұндай тауарлардың сынамалары мен үлгiлерiн алу, көрсетiлген тауарлар мен көлiк құралдары болуы мүмкiн үй-жайларды, қораптарды және басқа да орындарды ашу, -
      айлық есептiк көрсеткiштiң бестен жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 411-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

       412-бап. Сәйкестендіру құралдарын өзгерту, алып тастау,
                 жою, зақымдау не жоғалту

      Кеден одағына мүше мемлекеттердің кеден органы қолданған сәйкестендіру құралдарын қасақана өзгерту, алып тастау, жою, зақымдау не жоғалту –
      жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 412-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      413-бап. Тауарларды кедендік декларациялау тәртiбiн бұзу

      Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, декларанттың және (немесе) кеден өкілінің тауарларды кедендік декларациялау тәртiбiн бұзуы, яғни тауарларды алдын ала, толық емес, мерзiмдiк және уақытша кедендік декларациялауды қоса алғанда, тауарларды кедендік декларациялау орны бойынша, кедендік декларацияны толтыру және кедендік декларациялау тәртібі бойынша кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленген талаптарды сақтамауы -
      жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 413-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      413-1-бап. Кеден өкілінің кеден ісі саласындағы қызметті
                  жүзеге асыру тәртібін бұзуы

      1. Кеден өкілінің үшінші тұлғамен азаматтық-құқықтық шарт жасаспай не шарттың қолданылу мерзімі өткен соң немесе ол бұзылғаннан кейін үшінші тұлғаның мүддесі үшін кеден ісі саласындағы қызметті жүзеге асыруы –
      отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, кеден өкілі бір жыл ішінде қайталап жасаған іс-әрекет -
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 413-1-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      413-2-бап. Уәкілетті экономикалық оператордың кеден ісі
                 саласындағы қызметті жүзеге асыру тәртібін
                 бұзуы

      Уәкілетті экономикалық оператордың осындай қызметті жүзеге асыру үшін кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында көзделген талаптарды сақтамауы -
      жүз айлық есептiк көрсеткiш мөлшерде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 413-2-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

       414-бап. Кедендік декларацияны, құжаттар мен
                 мәлiметтерді беру мерзiмдерiн бұзу

      Осы Кодекстің 434-бабында көзделген жағдайларды қоспағанда, декларанттың тауарларды кедендік декларациялау кезінде ұсынылатын кедендік декларацияны, құжаттар мен мәлiметтердi Қазақстан Республикасының кеден органына белгiленген мерзiмдерде табыс етпеуі, қылмыс белгiлерi болмаған кезде –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 414-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       415-бап. Қазақстан Республикасының кеден органына
               есептілікті табыс етпеу және есеп жүргiзу
               тәртiбiн сақтамау

      Кедендік тасымалдаушының, кеден өкілінің, уақытша сақтау орны немесе қоймасы, кедендік немесе еркін қойма, баж салынбайтын сауда дүкені иелерінің, декларанттардың кедендiк бақылаудағы не еркiн кеден аймағы аумағындағы әкелiнетiн, әкетiлетiн, декларацияланатын, келiп түсетiн, сақталатын, өңделетін, дайындалатын, сатып алынатын және өткізілетін тауарлар туралы есептілікті Қазақстан Республикасының кеден органына кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында айқындалған тәртіппен және мерзімдерде табыс етпеуі, сол сияқты мұндай тауарларға есеп жүргiзу тәртiбiн сақтамауы -
      жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 415-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      416-бап. <*>

      Ескерту. 416-бап алып тасталды - Қазақстан Республикасының  2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       417-бап. Тауарларды сақтауға орналастыру тәртiбiн,
                оларды сақтау және олармен операциялар жүргізу
                тәртiбiн бұзу

      Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленген, тауарларды сақтауға орналастыру тәртiбiн және оларды сақтау тәртiбiн, кеден қоймасында сақтау мерзiмдерiн, тауарларды бiр қоймадан екiншi қоймаға ауыстыру тәртiбiн бұзу, сол сияқты кеден қоймаларында, уақытша сақтау қоймаларында және еркін қоймаларда тауарлармен операциялар жүргiзу –
      жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 417-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      417-1-бап. Тауарларды уақытша сақтау мерзімдерін бұзу

      Осы Кодекстің 414 және 434-баптарында көзделген жағдайларды қоспағанда, Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгіленген, тауарларды уақытша сақтау мерзімдерін бұзу –
      жеке тұлғаларға – жиырма бес, дара кәсіпкерлерге, заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 417-1-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       418-бап. Тауарларды қайта өңдеу тәртiбiн бұзу және
               қайта өңдеу өнiмдерiн ауыстыру

      1. Тауарларды қайта өңдеу тәртiбiн бұзу, яғни кеден заңдарымен белгiленген талаптарды, шектеулердi және тауарларды қайта өңдеу жағдайлары туралы мiндеттеме беру шарттарын, оларды қайта өңдеу тәртiбi мен мерзiмдерiн, қайта өңдеу өнiмдерiнiң шығу мөлшерiн сақтамау, осындай тауарларды қайта өңдеу бойынша операциялар жүргiзу, -
      айлық есептiк көрсеткiштiң оннан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Отандық тауарлардың қайта өңдеу өнiмдерiн басқа тауарлармен ауыстырудың белгiленген тәртiбiн бұзу, -
      айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 418-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05 N 506 , 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңдарымен.

       419-бап. <*>

      Ескерту. 419-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді)Заңымен.

       420-бап. <*>

      Ескерту. 420-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       421-бап. Тауарлар мен көлiк құралдарын Кеден одағының
                 кеден аумағынан тыс жерлерге әкетпеу не осы
                 аумаққа қайтармау

      Ескерту. 421-баптың тақырыбы жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Бұрын әкелiнген және (немесе) аяқталған кезiнде белгiленген мерзiмдерде әкету көзделетiн белгiлi бiр кедендiк рәсiм жүргізуге орналастырылған тауарлар мен көлiк құралдарын, сондай-ақ, егер мұндай әкету мiндеттi болған жағдайларда, Кеден одағының кедендiк аумағынан тыс жерлерге әкетпеу, не бұрын әкетiлген және (немесе) аяқталған кезiнде белгiленген мерзiмдерде керi әкелу көзделетiн белгiлi бiр кедендiк рәсiм жүргізуге орналастырылған тауарлар мен көлiк құралдарын, сондай-ақ, егер мұндай әкелу мiндеттi болған жағдайларда, белгiленген мерзiмдерде Кеден одағының кедендiк аумағына қайтармау –
      әкімшілік құқық бұзушылықтың тікелей нысаналары болып табылатын тауарлар мен көлік құралдары тәркілене отырып не онсыз, жеке тұлғаларға – он бес, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының кеден органына тауарлар мен көлiк құралдарының қайта әкетілуін немесе әкелінуін, не аварияның немесе еңсерілмейтін күштiң әсерi, табиғи тозу немесе азаю не шет мемлекет органдары мен лауазымды адамдарының заңсыз әрекеттерiне байланысты олардың иелiктен шығарылуы салдарынан тауарлар мен көлiк құралдарының жойылуы немесе ысырап болуы себебiнен оның мүмкiн еместігін растау ретiнде жарамсыз құжаттарды, заңсыз жолмен алынған құжаттарды не басқа тауарлар мен көлiк құралдарына қатысты құжаттарды табыс ету -
      әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болған тауарлар мен көлік құралдары тәркілене отырып немесе онсыз, жеке тұлғаларға – он бес, шағын немесе орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлерге, заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 421-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       422-бап. Тауарларды жою тәртiбiн бұзу

      Ескерту. 422-бап алынып тасталды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      423-бап. Белгiлi бiр кедендiк рәсiм жүргізуге
                орналастырылған тауарлармен және көлiк
                құралдарымен заңсыз операциялар жүргізу, олардың
                жай-күйiн өзгерту, оларды пайдалану және
                (немесе) оларға билiк ету

      Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, тауарлармен және көлiк құралдарымен олардың кедендiк рәсiмiне сәйкес келмейтiн операциялар жүргізу, олардың жай-күйiн өзгерту, оларды пайдалану және (немесе) оларға билiк ету, сол сияқты есеп жүргiзу және есептiлiктi ұсыну тәртiбiн және Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленген өзге де шектеулердi, кедендiк рәсiм талаптары мен шарттарын сақтамау –
      әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып, жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 423-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V  Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       424-бап. Тауарлар мен көлiк құралдарын Кеден одағының
                 кедендiк шекарасы арқылы өткiзген кезде тыйым
                 салулар мен шектеулердi қолдану тәртiбiн
                 сақтамау

      Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленетiн тыйым салулар мен шектеулердi қолдану тәртiбiн бұза отырып, тауарлар мен көлiк құралдарын Кеден одағының кедендiк шекарасы арқылы өткiзу, қылмыс белгiлерi болмаған кезде –
      әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып, жеке тұлғаларға – он бес, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын дара кәсiпкерлерге, заңды тұлғаларға – отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 424-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       425-бап. Жеке тұлғалардың жеке пайдалануға арналған
                 тауарларды өткiзу тәртібін бұза отырып,
                 тауарларды Кеден одағының кедендiк шекарасы
                 арқылы өткiзуi

      Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, жеке тұлғалардың Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында айқындалатын жеке пайдалануға арналған тауарларды өткiзу тәртібін бұза отырып, тауарларды Кеден одағының кедендiк шекарасы арқылы өткiзуi, оның iшiнде «Қазақстан Республикасындағы кеден iсi туралы» Қазақстан Республикасы Кодексiнiң кедендiк шекара арқылы өткiзiлетiн жеке пайдалануға арналған тауарлар мен көлiк құралдарын мiндеттi жазбаша декларациялау жөнiндегi талаптарын, сондай-ақ тауарларды иесімен жөнелтілмейтін багажбен өткiзу тәртiбiн сақтамау –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 425-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      425-1-бап. Тауарларды халықаралық почта
                 жөнелтілімдерінде өткізу тәртібін бұзу

      Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгіленген халықаралық почта жөнелтілімдерінде тауарларды өткізу тәртібін бұзу -
      жеке тұлғаларға, лауазымды адамдарға – он, дара кәсіпкерлерге - жиырма, заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 425-1-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      426-бап. Тауарлар мен көлiк құралдарын Кеден одағының
                кедендiк шекарасы арқылы кедендік бақылауға
                соқпай өткiзу

      1. Тауарлар мен көлiк құралдарын Кеден одағының кедендiк шекарасы арқылы кедендік бақылауға соқпай өткiзу, яғни, тауарларды Кеден одағының кедендiк шекарасы арқылы өткізудің Қазақстан Республикасының кеден органдары айқындаған орындарынан тыс жерлерден немесе көрсетiлген орындарда Қазақстан Республикасының кеден органдарының жұмыс уақытынан тыс кезде өткiзу, қылмыс белгiлерi болмаған кезде –
      әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып, жеке тұлғаларға – айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге – отыздан қырыққа дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – кедендік төлемдердің, салықтар мен өсімпұлдардың төленуге тиісті сомаларының сомасынан жүз пайыз мөлшерінде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз пайыз мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
      әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып немесе онсыз, жеке тұлғаларға – айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге – қырықтан елуге дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – кедендік төлемдердің, салықтар мен өсімпұлдардың төленуге тиісті сомаларының сомасынан екі жүз пайыз мөлшерінде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүз пайыз мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 426-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V  Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       427-бап. Кеден одағының кедендік шекарасы арқылы
                 өткiзiлетiн тауарларды кедендік бақылаудан
                 жасыру

      Кеден одағының кедендік шекарасы арқылы өткiзiлетiн не өткізілген тауарларды кедендік бақылаудан жасыру, оның iшiнде тауарларды табуды қиындататын құпия орындарды не басқа тәсiлдердi пайдалану арқылы жасыру немесе бiр тауарларға басқалардың түрiн беру, қылмыс белгiлерi болмаған кезде –
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болып табылған тауарлар тәркiлене отырып немесе онсыз, сондай-ақ әкімшілік құқық бұзушылық жасаудың тiкелей нысанасы болып табылатын тауарлар мен заттарды Кеден одағының кедендік шекарасы арқылы жасырып өткiзу үшiн пайдаланылған арнайы әзiрленген құпия орындарымен бірге тауарлар мен көлiк құралдары тәркiлене отырып, айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 427-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V  Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      428-бап. Құжаттарды немесе сәйкестендіру құралдарын
                алдап пайдалана отырып, тауарлар мен көлiк
                құралдарын Кеден одағының кедендік шекарасы
                арқылы өткiзу

      Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, Қазақстан Республикасының кеден органына кедендiк мақсаттар үшiн қажеттi құжаттар ретiнде жарамсыз құжаттарды, заңсыз жолмен алынған құжаттарды, анық емес мәлiметтердi қамтитын құжаттарды не басқа тауарлар мен көлiк құралдарына қатысты құжаттарды ұсыну арқылы тауарлар мен көлiк құралдарын Кеден одағының кедендік шекарасы арқылы өткiзу, сондай-ақ жасанды сәйкестендiру құралдарын не басқа тауарлар мен көлiк құралдарына қатысты түпнұсқалық сәйкестендіру құралдарын пайдалану, қылмыс белгiлерi болмаған кезде –
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып, айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 428-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V  Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      429-бап. Тауарларды кедендік декларацияламау немесе
               жалған декларациялау

      1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, кеден одағының кедендік шекарасы арқылы өткiзiлетiн не өткізілген тауарларды кедендік декларацияламау немесе жалған декларациялау, яғни декларанттың, кеден өкілінің, уәкілетті экономикалық оператордың кеден декларациясында және кеден мақсаттары үшін қажетті өзге де құжаттарда тауарлар туралы, таңдап алынған кедендiк рәсім, тауарлардың кедендік құны не шыққан елі туралы белгiленген нысанда мәлiмдемеуі немесе дұрыс емес мәліметтерді мәлiмдеуі немесе кедендік төлемдер мен салық төлеуден босату үшін немесе олардың мөлшерін төмендету үшін негіз болатын дұрыс емес мәліметтерді мәлімдеуі және кедендік мақсаттар үшін қажетті басқа да мәліметтерді мәлімдемеуі -
      жеке тұлғаға - қырық, шағын және орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      әкімшілік құқық бұзушылық жасаудың тікелей нысанасы болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып, жеке тұлғаларға – жүз, шағын және орта кәсіпкерлік субъектілері болып табылатын дара кәсіпкерлер мен заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 429-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       430-бап. Кеден одағының кеден аумағына кеден
                 қағидаларын бұза отырып әкелiнген тауарлар
                 мен көлiк құралдарын тасымалдау, сақтау, сатып
                 алу, пайдалану немесе оларға билiк ету

      Ескерту. 430-баптың тақырыбы жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Кеден одағының кеден аумағына кедендік бақылауға соқпай не осындай бақылаудан жасырып, не құжаттарды немесе сәйкестендiру құралдарын алдап пайдалана отырып әкелiнген не декларацияланбаған немесе анық декларацияланбаған тауарлар мен көлiк құралдарын тасымалдау, сақтау, сатып алу, пайдалану немесе оларға билiк ету, сол сияқты кедендік төлемдер және салықтар бөлiгiнде кедендік жеңiлдiктер берiлген, осындай жеңiлдiктер берiлуiмен байланысты мақсаттардан өзге мақсаттарда Қазақстан Республикасы кеден органының рұқсатынсыз пайдаланылатын не иелiктен шығарылатын тауарлар мен көлiк құралдарын тасымалдау, сақтау және сатып алу –
      жеке тұлғаларға – айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он бестен жиырма беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бестен отыз беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын тауарлар мен көлiк құралдары тәркiлене отырып немесе онысыз, айлық есептiк көрсеткiштiң жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 430-бапқа өзгерістер енгізілді - ҚР 2003.12.05. N 506 , 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді)2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі) 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

       431-бап. Пайдалануға және (немесе) билік етуге шек
                 қойылған тауарларды, сондай-ақ шартты түрде
                 шығарылған тауарлар мен көлік құралдарын
                 пайдалану және (немесе) оларға билiк ету
                 тәртiбiн бұзу

      Пайдалануға және (немесе) билік етуге шек қойылған тауарларды, сондай-ақ шартты түрде шығарылған тауарлар мен көлік құралдарын Қазақстан Республикасының кеден заңнамасында көзделгеннен өзге, оның ішінде оларға байланысты осындай жеңілдіктер берілген мақсаттарда пайдалану және (немесе) оларға билiк ету –
      лауазымды адамдарға, дара кәсiпкерлерге – айлық есептiк көрсеткiштiң жиырмадан жиырма беске дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жүзден төрт жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға бес жүзден бiр мыңға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 431-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V  Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       432-бап. Кедендiк төлемдер мен салықтардан заңсыз
               босатуға немесе оларды төмендетуге
               бағытталған iс-әрекеттер

      Ескерту. 432-бап алынып тасталды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      433-бап. Төленген кедендiк төлемдер мен салықтарды
               тиiстi негiздерсiз қайтаруға, төлемдер мен
               өзге де өтемдер алуға не оларды қайтармауға
               бағытталған iс-әрекеттер

      Қазақстан Республикасының кеден органына - төленген кедендiк төлемдердi қайтаруға, төлемдер және өзге де өтемдер алуға немесе оларды қайтармауға не тиiстi негiздемесiз толық көлемiнде қайтаруға құқық беретiн дұрыс емес мәлiметтерi бар құжаттар беру, қылмыс белгiлерi болмаған кезде, -
      лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 433-бапқа өзгерту енгізілді - ҚР 2010.06.30  N 297-IV(2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      434-бап. Кедендік төлемдерді және салықтарды төлеу
                мерзімдерін бұзу

      Төлеушілердің, оның ішінде кеден өкілі, уәкілетті экономикалық оператор мәртебесі бар адамдардың кедендік төлемдерді және салықтарды белгіленген мерзімдерде төлемеуі, сол сияқты шартты түрде шығарылған тауарларды негізгі кедендік декларациялау үшін кедендік алымдарды, кедендік баждарды және салықтарды төлеуден босатудың берілуіне байланысты мақсаттардан өзге мақсаттарда пайдалану кезінде, сондай-ақ кедендік төлемдерді және салықтарды кезең-кезеңмен төлеуді көздейтін кедендік рәсімдерді жүргізуге тауарларды мәлімдеу кезінде кедендік декларацияны беру мерзімдері бұзылған жағдайда төлемеуі, қылмыс белгілері болмаған кезде –
      жеке тұлғаларға, дара кәсіпкерлерге, лауазымды адамдарға – кеден өкілдерінің немесе уәкілетті экономикалық операторлардың тізілімінен алып тастай отырып, кедендік төлемдердің, салықтар мен өсімпұлдардың төленуге тиісті сомаларының сомасынан отыз, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу пайыз мөлшерінде, бірақ барлық жағдайларда кемінде екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 434-бап жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      434-1-бап. Қазақстан Республикасы кеден органының кедендік
                  төлемдердің, салықтар мен өсімпұлдардың
                  төленуге тиісті сомаларын белгіленген
                  мерзімдерде төлеу туралы талаптарын орындамау

      Кедендік төлемдерді және салықтарды төлеуді қамтамасыз ету тәсілдері қолданылған кезде төлеуші кедендік төлемдерді және салықтарды төлеу жөніндегі міндеттерді орындамаған жағдайларда банктің, сақтандыру ұйымының, кепілгердің Қазақстан Республикасы кеден органының кедендік төлемдердің, салықтар мен өсімпұлдардың төленуге тиісті сомаларын белгіленген мерзімдерде төлеу туралы талабын орындамауы –
      дара кәсіпкерлерге, лауазымды адамдарға – отыз айлық есептік көрсеткіш мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – кедендік төлемдердің, салықтар мен өсімпұлдардың төленуге тиісті сомаларының сомасынан қырық пайыз мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу пайыз мөлшерінде, бірақ, барлық жағдайларда кемінде екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 434-1-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      435-бап. Банктер мен банк операцияларының жекелеген
               түрлерiн жүзеге асыратын ұйымдардың Қазақстан
               Республикасы кеден органдарының шешiмдерiн
               орындамауы

      Банктер мен банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың кiнәсiнен төлемшiнiң кедендiк төлем шоттары бойынша кеден төлемдерiн, салықтарды және өсімпұлдарды өндiрiп алу немесе шығыс операцияларын тоқтата тұру туралы Қазақстан Республикасы кеден органдарының шешiмдерiн орындамауы, -
      лауазымды адамдарға - айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде, заңды тұлғаларға екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 435-бапқа өзгерту енгізілді - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      436-бап. <*>

      Ескерту. 436-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      437-бап. <*>

      Ескерту. 437-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      438-бап. Қазақстан Республикасы кеден органдарының
                талаптарын орындамау

      Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгіленген кедендік декларациялауды, кедендік тексеріп қарауды, кеден декларацияларын тексеруді жүзеге асыру, тауарлармен және көлік құралдарымен жүк және өзге де операцияларды жүргізу кезінде Қазақстан Республикасының кеден органдары мен олардың лауазымды адамдарының талаптарын, сондай-ақ кедендік бақылау үшін қажетті өзге де талаптарды кеден ісі саласындағы қызметті жүзеге асыратын адамдардың және өзге де адамдардың орындамауы -
      елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 438-бап жаңа редакцияда - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен.

      438-1-бап. Қазақстан Республикасы кеден органының кедендік
                  тексеру нәтижелері бойынша анықталған
                  бұзушылықтарды жою туралы талаптарын орындамау

      Адамдардың Қазақстан Республикасы кеден органының кедендік тексеру нәтижелері бойынша анықталған бұзушылықтарды жою туралы, сол сияқты кедендік төлемдер, салықтар мен өсімпұлдар бойынша берешекті өтеу туралы талаптарын Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгіленген мерзімдерде орындамауы –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 26-тарау 438-1-баппен толықтырылды - ҚР 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

27-тарау. Көлiктегі, жол шаруашылығындағы, байланыстағы және ақпараттандырудағы әкiмшiлiк құқық бұзушылық

      Ескерту. 27-тараудың тақырыбы жаңа редакцияда - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      439-бап. Темiр жол көлiгiнде қозғалыс қауiпсiздiгiн
               қамтамасыз ететiн ережелердi бұзу

      1. Темiр жол арқылы күш көлiгiмен өту, мал айдап өту, темiр жолдарға арнап оқшауланған жерлерде мал жаю ережелерiн бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң екiге дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Темiр жолды, отырғызылған қорғаныш ағаштарды, қар тоқтатқыш қоршауларды және басқа да жол объектiлерiн, сигнал беру және байланыс құрылыстары мен қондырғыларын бүлдiру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Жүктердi тиеу және түсiру кезiнде белгiленген көлемдердi сақтамау, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен жетiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Темiр жолдарға поездар қозғалысын бұзуы мүмкiн заттар төсеу, лақтыру немесе қалдыру, -
      бес айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      5. Белгiленбеген жерлерде темiр жол арқылы өту, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң оннан бiрi мөлшерiнде айыппұл салуға әкеп соғады.
      6. Темiр жол көлігін техникалық пайдалану қағидаларының талаптарын бұзу, -
      жеке тұлғаларға - айлық есептік көрсеткіштің үшке дейінгі мөлшерінде, лауазымды адамдарға - бестен жетіге дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - сегізден онға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      7. Теміржол көлігіндегі қауіпсіздік қағидаларын жылжымалы теміржол құрамының қалпына келтіруге жатпайтын жағдайға дейін зақымдануына әкеп соққан бұзушылық –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Теміржол көлігіндегі қауіпсіздік қағидаларын соның салдарынан жылжымалы құрамды ағыту және жөндеуге беру талап етілетін көлемде зақымдануына жол берілген бұзушылық –
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      9. Тасымалдау процесіне қатысушылардың уәкілетті органға теміржолдарда жол берілген қауіпсіздікті бұзушылықтар туралы ақпаратты Теміржол көлігіндегі қауіпсіздік қағидаларында белгіленген мерзімдерде бермеуі –
      лауазымды адамдарға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 439-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       440-бап. Темiр жол көлiгi құралдарын пайдалану
               ережелерiн бұзу

      1. Жүк поездарында заңсыз жүрiп-тұру, поезд жүрiп бара жатқанда отырғызу және түсiру, вагондардың тепкiшектерi мен төбесiнде жүрiп-тұру, қажетсiз ретте поезды өз бетiнше тоқтату, -
      бiр айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Поездар вагондарының терезелерi мен есiктерiнен қоқыстарды және өзге де заттарды тастау, поезд жүрiп бара жатқан кезде сыртқы есiктердi заңсыз ашу, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң бестен бiрiне дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 440-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       440-1-бап. Теміржол жылжымалы құрамын мемлекеттік
                  тіркеусіз немесе қайта тіркеусіз пайдалану
 
       1. Теміржол жылжымалы құрамын уәкілетті органда мемлекеттік тіркеусіз немесе қайта тіркеусіз пайдалану, -
      жеке тұлғаларға - екі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік), -
      жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 440-1-баппен толықтырылды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       441-бап. Ортақ пайдаланыстағы көлiк құралдарын және
               олардың iшкi жабдықтарын бүлдiру

      Ортақ пайдаланыстағы көлiк құралдарын, атап айтқанда, темiр жол көлiгiнде жолаушылар вагондарын және локомотивтердi, теңiз және өзен көлiгiнде кемелердi, автобустарды, троллейбустарды, трамвайларды бүлдiру, сондай-ақ олардың iшкi жабдықтарын бүлдiру, -
      айлық есептiк көрсеткiштiң үштен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      442-бап. Қазақстан Республикасының әуе кеңiстiгiн
               пайдалану тәртiбiн бұзу

      1. Әуе кемелерiнiң ұшуы, зымырандарды ұшыру, атыстың барлық түрлерiн өткiзу, жарылыс жасау жұмыстары кезiнде немесе Қазақстан Республикасының әуе кеңiстiгiнде материалдық объектiлердi көтеруге, жылжытуға немесе түсiруге байланысты басқа да қызметтi жүзеге асыру кезiнде Қазақстан Республикасының әуе кеңiстiгiн пайдалану тәртiбiн бұзу, -
      құқық бұзушылықты жасаудың құралы болған затты өтемiн төлеп алып қоя отырып немесе онысыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден онға дейiнгi, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      құқық бұзушылық жасаудың құралы болған затты тәркiлей отырып немесе онысыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, лауазымды адамдарға жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 442-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       443-бап. Ұшу қауiпсiздiгi ережелерiн бұзу

      1. Аэродром аумағында аэродромдарды ажырата бiлу үшiн қолданылған таңбалау белгiлерi мен қондырғыларына ұқсас қандай да бiр белгiлер мен қондырғыларды орналастыру немесе әуежай, аэродром әкiмшiлiгiнiң рұқсатынсыз пиротехникалық бұйымдарды жағу, немесе әуе кемелерiнiң ұшуы үшiн қауiптi құстардың жаппай жиналуына жағдай жасайтын объектiлер салу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Ғимараттар мен құрылыстарда түнгi және күндiзгi таңбалау белгiлерiн орналастыру туралы ережелердi орындамау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Аэродром жабдықтарын, аэродром белгiлерiн, әуе кемелерiн және олардың жабдықтарын бүлдiру, -
      айлық есептiк көрсеткiштiң оннан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Тиiстi рұқсатсыз әуежайлардың (аэровокзалдардан басқа), аэродромдардың, ұшуды радиомен және жарықпен қамтамасыз ету объектiлерiнiң аумағы арқылы жаяу жүрiп немесе көлiкпен өту, -
      бiр айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      5. Жолаушының әуе кемесінің ұшу қауіпсіздігі ережелерін бұзуы, егер бұл әрекет ұшудың қауіпсіздігіне қауіп төндіретін жағдай тудырса, -
      айлық есептік көрсеткіштің жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға не он бес тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
      Ескерту. 443-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2010.07.15 N 340-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       444-бап. Авиация қызметкерлерiн жұмысқа даярлау мен
               жiберу ережелерiн бұзу

      1. Авиация қызметкерлерiн жұмысқа даярлау мен жiберу ережелерiн бұзу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Адамды мас күйiнде әуе кемесiн басқаруға жiберу, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      445-бап. Адамның мас күйiнде әуе кемесiн басқаруы

      1. Адамның алкогольмен, есiрткiмен немесе уытқұмарлықпен масаю күйiнде әуе кемесiн басқаруы, -
      айлық есептiк көрсеткiштiң бестен он беске дейiнгi мөлшерiнде айыппұл салуға немесе бiр жылға дейiнгi мерзiмге әуе кемесiн басқару құқығынан айыруға әкеп соғады.
      2. Ұшу қауiпсiздiгiне қатер төндiрген нақ сол iс-әрекеттер, -
      айлық есептiк көрсеткiштiң оннан жиырма беске дейiнгi мөлшерiнде айыппұл салуға немесе екi жылға дейiнгi мерзiмге әуе кемесiн басқару құқығынан айыруға әкеп соғады.

      446-бап. Әуе кемесіндегі мінез-құлық қағидаларын бұзу

      1. Әуе кемесіндегі адамның әуе кемесі командирінің немесе басқа да экипаж мүшелерінің өкімдерін орындамауы, егер бұл адамның іс-әрекеттері ұшу қауіпсіздігіне қатер төндірмесе –
      ескерту жасауға немесе екі айлық есептік көрсеткішке дейінгі мөлшерде айыппұл салуға әкеп соғады.
      2. Ұшудың барлық кезеңдерінде әуе кемесінің бортында ұялы, транкингтік байланыс қызметтерін пайдалану, әуе кемесінің жермен жүруі, биіктікті алуы, қонуға бет алуы кезеңдерінде тұрмыстық мақсаттағы радиоэлектрондық құралдар мен жоғары жиілікті құрылғыларды пайдалану –
      ескерту жасауға немесе бір айлық есептік көрсеткішке дейінгі мөлшерде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 446-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      446-1-бап. Азаматтық әуе кемелерінің пайдалануға
                 жарамдылығы туралы бағалау актілерінде
                 мәліметтердің бұрмалануы және (немесе)
                 дәйексіз мәліметтердің көрсетілуі

      Ескерту. 446-1-бап алып тасталды - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      446-2-бап. Тасымалдаушының кінәсінан рейс орындалмаған
                  немесе кідіртілген немесе әуе кемесінің кеш
                  келуі, тасымалдау маршрутының өзгеруі
                  салдарынан рейс кідіртілген, орындалмаған кезде
                  жолаушыға қызметтер ұсыну жөніндегі міндеттерді
                  тасымалдаушының орындамауы не тиісінше
                  орындамауы

      1. Тасымалдаушының кінәсінан рейс орындалмаған немесе кідіртілген немесе әуе кемесінің кеш келуі, тасымалдау маршрутының өзгеруі салдарынан рейс кідіртілген, орындалмаған кезде Қазақстан Республикасының әуе кеңістігін пайдалану және авиация қызметі туралы Қазақстан Республикасының заңнамасында көзделген жолаушыға қызметтер ұсыну жөніндегі міндеттерді тасымалдаушының орындамауы не тиісінше орындамауы –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет (әрекетсіздік) –
      бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 27-тарау 446-2-баппен толықтырылды - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      447-бап. Жолаушыларды, багажды және жүктерді тасымалдау
               ережелерін бұзу

      1. Автомобиль көлігімен тасымалдауды қоспағанда, жолаушыларды, багажды және жүктерді халықаралық тасымалдау ережелерін бұзу, -
      айлық есептік көрсеткіштің оннан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Жолаушыларды, багажды және жүктерді автомобиль көлігімен тасымалдау ережелерін бұзу, -
      дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң оннан он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң он бестен жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бестен елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 447-бап жаңа редакцияда - Қазақстан Республикасының 2003.07.03. N 464 , өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      447-1-бап. Жолаушыларды, багажды немесе жүктерді
                 автомобильмен тасымалдауды жүзеге асыру
                 кезінде жүргізушілердің еңбек және демалыс
                 режимінің бұзылуы

      1. Мыналарды:
      1) қауiптi жүктердi автомобильмен тасымалдауды;
      2) жолаушыларды, багажды және жүктердi автомобильмен халықаралық тасымалдауды;
      3) жолаушылар мен багажды облысаралық қаларалық автомобильмен тұрақты тасымалдауды;
      4) жолаушылар мен багажды облысаралық қаларалық, ауданаралық (облысішілік қалааралық) автомобильмен тұрақты емес тасымалдауды жүзеге асырған кезде, жүргiзушiлердiң еңбек және демалыс режимiн тiркейтiн бақылау құрылғыларынсыз (тахографтарсыз) немесе ақауы жоқ осындай құрылғыларын ажыратып не толтырылмаған диаграммалық дискiлермен немесе бұрын пайдаланылған диаграммалық дискілерді қолдана отырып не электрондық (цифрлық) тахографтарды қолданған жағдайда электрондық карточкаларды пайдаланбай, сол сияқты жүгiзушiлердiң еңбек және демалыс режимiн күнделiктi тiркеу парақтарын жүргiзбей (бақылау құрылғысының ақауы болған жағдайда) автокөлiк құралын пайдалану –
      дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Автокөлік құралдарын жүргізушілердің жолаушыларды, багажды немесе жүктерді автомобильмен тасымалдауды жүзеге асыру кезінде еңбек және демалыс режимін бұзуы, -
      айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 447-1-баппен толықтырылды, баптың 1-тармағы 3) тармақшасының 1-абзацы 2005.01.01 бастап қолданысқа енгізіледі - ҚР 2003.07.03. N 464 , өзгерістер енгізілді - 2006.01.20. N 123 (2006.01.01 бастап  қолданысқа енгізілді), 2007.07.27. N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2010.12.28 N 369-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      447-2-бап. Қазақстан Республикасында автомобильмен
                  тасымалдаулардың рұқсат беру жүйесін
                  халықаралық қатынаста қолдану қағидаларын бұзу

      1. Қазақстан Республикасының автомобиль көлігі туралы заңнамасында көзделген жағдайларда, шетелдіктердің немесе шетелдік заңды тұлғалардың Қазақстан Республикасының аумағында автомобильмен халықаралық тасымалдауларды рұқсатсыз немесе арнайы рұқсатсыз жүзеге асыруы –
      автокөлік құралдарының жүргізушілеріне – жиырма бес, заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Отандық тасымалдаушының рұқсат карточкаларында көрсетілмеген автокөлік құралына отандық тасымалдаушының шетелдік рұқсатты пайдалануы –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Отандық тасымалдаушының шетелдік рұқсат бланкілерін басқа отандық тасымалдаушыға беруі –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Халықаралық қатынаста жолаушылар мен багажды тасымалдауды жүзеге асыру кезінде жүргізушінің келісілген жол жүру маршрутының схемасын бұзуы –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Шетелдік тасымалдаушының Қазақстан Республикасында халықаралық қатынаста автомобильмен тасымалдауларға рұқсат беру жүйесін қолдану қағидаларына сәйкес рәсімделмеген отандық рұқсатты пайдалануы –
      автокөлік құралдарының жүргізушілеріне айлық есептік көрсеткіштің жиырмадан жиырма беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 447-2-баппен толықтырылды - ҚР 2003.07.03 N 464, Заңымен; жаңа редакцияда - ҚР 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      447-3-бап. Жолаушыларды және багажды автомобильмен
                тұрақты емес халықаралық тасымалдауды жүзеге
                асыру кезінде автокөлік құралдарын
                жүргізушілерде жолаушылар тізімінің болмауы

      Жолаушыларды және багажды автомобильмен тұрақты емес халықаралық тасымалдауды жүзеге асыру кезінде автокөлік құралдарын жүргізушілерде жолаушылар тізімінің болмауы, -
      айлық есептік көрсеткіштің үштен беске дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 447-3-баппен толықтырылды - Қазақстан Республикасының 2003.07.03. N 464 Заңымен.

      447-4-бап. Қазақстан Республикасының аумағында
                автомобиль тасымалын шет мемлекетте тiркелген
                 автокөлiк құралдарымен жүзеге асыру

       Қазақстан Республикасының аумағына уақытша әкелінген автокөлік құралдарымен тасымалдауды қоспағанда, Қазақстан Республикасының аумағында орналасқан пункттер арасында шет мемлекеттің аумағында тіркелген автокөлік құралдарымен жолаушыларды, багажды немесе жүктерді тасымалдау –
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бестен қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
       Ескерту. 447-4-баппен толықтырылды - ҚР 2003.07.03. N 464, Заңымен; өзгерістер енгізілді - ҚР 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      447-5-бап. Республикаішілік қатынаста жолаушыларды және
                  багажды автомобильмен тұрақты емес тасымалдауды
                  жүзеге асырған кезде автокөлік құралдары
                  жүргiзушiлерінде тасымалдау шартының болмауы

      Республикаішілік қатынаста жолаушыларды және багажды автомобильмен тұрақты емес тасымалдауды жүзеге асырған кезде автокөлік құралдары жүргiзушiлерінде тасымалдау шартының болмауы, -
      айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 447-4-баппен толықтырылды - ҚР 2010.12.28 N 369-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      447-6-бап. Халықаралық қатынаста тұрақты тасымалдауларды
                  жүзеге асыру кезінде Қазақстан Республикасының
                  аумағындағы пункттер арасында жолаушыларды
                  тасымалдау

      1. Халықаралық қатынаста тұрақты тасымалдауларды жүзеге асыру кезінде Қазақстан Республикасының аумағындағы пункттер арасында жолаушыларды тасымалдау үшін жол жүру құжаттарын (билеттерді) сатуды ұйымдастыру –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Халықаралық қатынаста тұрақты тасымалдауларды жүзеге асыру кезінде Қазақстан Республикасының аумағындағы пункттер арасында автокөлік құралдарымен жолаушыларды тасымалдау –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған  iс-әрекеттер –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 447-6-баппен толықтырылды - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       448-бап. Теңiз көлiгiнде қозғалыс қауiпсiздiгiн
                қамтамасыз ету ережелерiн бұзу

      1. Теңiз көлiгiнде кемелердiң маневр жасауының және жүзуінің белгіленген тәртібін бұзу, нұсқалған қозғалыс жылдамдығын, дыбыс және жарық сигналдарын беру, кеме жарықтары мен белгілерін алып жүру талаптарын сақтамау, тыйым салынған жерлерде кемені әдейі тоқтату немесе аялдату, кемелерді сүйретіп жүзу тәртібін бұзу, сондай-ақ диспетчердің міндетті талаптарын орындамау –
      жетi айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Порт суларында суға сүңгу жұмыстарын тиiстi рұқсаттарсыз жүргiзу немесе осы жұмыстар кезiнде сигнал беру ережелерiн сақтамау, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 448-бапқа өзгеріс енгізілді - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      449-бап. Теңiз көлiгiндегi сигнал беру және байланыс
               құрылғылары мен қондырғыларын бүлдiру

      Теңiз көлiгiндегi сигнал беру және байланыс құрылғылары мен қондырғыларын бүлдiру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 449-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       450-бап. Теңiз және өзен көлiгi кемелерiнде
                 жолаушылардың қауiпсiздiгiн қамтамасыз ету
                 қағидаларын бұзу

      Құтқару және авариялық құралдар мен жабдықтардың болмауы, толық жинақталмауы немесе оларды куәландыру мерзімі өткен соң пайдалану, теңіз және өзен көлігі кемелеріндегі түскіштер мен траптарды жабдықтау жөніндегі талаптарды бұзу –
      жеке тұлғаларға – жиырма, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 450-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       451-бап. Кеменi жүзуге шығару ережелерiн бұзу немесе
               тиiстi дипломы (куәлiгi, куәландыру қағазы)
               жоқ адамдарды кеме басқаруға жiберу

      1. Кеменiң кiмге тиесiлiгiн, оның жүзуге жарамдылығын куәландыратын құжаттарсыз, жасақталмаған экипажбен, кеменiң техникалық жағдайы қолдағы құжаттарға сәйкес келмеген кезде, жүк тиеудiң белгiленген ережелерiн, жолаушылар сыйымдылығы нормаларын, жүзу ауданы мен шарттары жөнiндегi шектеулердi бұза отырып, кеменi (шағын кемеден басқасын) жүзуге шығару (жiберу), сондай-ақ тиiстi дипломы (куәлiгi, куәландыру қағазы) жоқ адамдарды кеменi немесе оның механизмдерi мен жабдықтарын басқаруға жiберу, -
      лауазымды адамдарға – он бес, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Белгiленген тәртiппен тiркелмеген немесе техникалық байқаудан (куәландырудан) өтпеген, немесе ақауы болғандықтан оны пайдалануға тыйым салынған, немесе жабдықтармен жарақтандырылмаған, немесе тиiстi рұқсатсыз қайта жабдықталған шағын кемелердi жүзуге шығару, сондай-ақ шағын кемелердi басқару құқығы жоқ адамдарды осындай кемелердi басқаруға жiберу, -
      лауазымды адамдарға – он бес, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Осы Кодекстің 451 – 454457458, 458-2-баптарында шағын көлемді кемелер деп балық аулау, жүктерді тасымалдау, сүйретіп жүзу, пайдалы қазбаларды іздеуді, барлауды және өндіруді, құрылыс, жол, гидротехникалық және басқа да осыған ұқсас жұмыстарды, лоцмандық және мұзжарғышқа ілестіріп алып өтуді жүргізу, сондай-ақ су объектілерін ластану мен қоқыстанудан қорғау жөніндегі іс-шараларды жүзеге асыру үшін жасалған немесе жабдықталған кемелерді қоспағанда, ұзындығы жиырма метрден аспайтын, бортына алуға болатын адамдар саны он екі адамнан аспайтын кемені түсіну керек.
      Ескерту. 451-бапқа өзгерістер енгізілді - ҚР 2007.07.27. N 314 (01.01.2008 бастап қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      452-бап. Кемелердi, оның ішінде шағын көлемді кемелерді
                пайдалану қағидаларын бұзу, сондай-ақ кеменi,
                оның ішінде шағын көлемді кемені басқару құқығы
                жоқ адамның басқаруы

      1. Белгiленген тәртiппен тiркелмеген немесе техникалық қарап тексеруден (куәландырудан) өтпеген немесе борт нөмiрлерi мен белгiлерi жоқ немесе тиiстi рұқсатсыз қайта жабдықталған немесе ақауы болғандықтан оны пайдалануға тыйым салынған немесе жолаушылар сыйымдылығы нормаларының тиеу қағидаларын, жүзу ауданы мен шарттары бойынша шектеулердi бұза отырып, кеменi, оның iшiнде шағын көлемді кеменi басқару -
      ескерту жасауға немесе бес айлық есептік көрсеткішке дейінгі мөлшерде айыппұл салуға әкеп соғады.
      2. Кеменi, оның iшiнде шағын көлемді кеменi басқаруға құқығы жоқ адамның осы кемені, оның ішінде шағын көлемді кемені басқаруы, сол сияқты осы кемені, оның ішінде шағын көлемді кемені басқару құқығын растайтын құжаты жоқ адамның кемені, оның ішінде шағын көлемді кемені басқаруы немесе басқару құқығы жоқ адамға осындай кемені, оның ішінде шағын көлемді кемені басқаруға беру –
      үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Тасымалдаушының жолаушылар алдындағы азаматтық-құқықтық жауапкершілігін міндетті сақтандыру жөніндегі сақтандыру полисі жоқ адамның жолаушылар кемесін басқаруы –
      бір айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Кемені, оның ішінде шағын көлемді кемені кеме құжаттары болмаған кезде, сондай-ақ кеме құжаттарына қойылатын талаптарды бұза отырып басқару –
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Кемені, оның ішінде шағын көлемді кемені көрінеу жалған немесе қолдан жасалған борттық тіркеу нөмірлерімен және белгілерімен басқару –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Кемеге, оның ішінде шағын көлемді кемеге көрінеу жалған немесе қолдан жасалған борттық тіркеу нөмірлері мен белгілерін салу –
      жеке тұлғаларға және лауазымды адамдарға – он бес, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 452-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      453-бап. Кемелердің жүзу қағидаларын, сондай-ақ шағын
                көлемді кемелерді пайдалану қағидаларын бұзу

      1. Өзен көлігі кемелеріндегі кеме жүргізушілерінің кемелер жүзуінің, дыбыстық және жарық сигналдарын берудің, кеме жарықтары мен белгілерін алып жүрудің белгіленген тәртібін бұзуы –
      жеке тұлғаларға – үш, лауазымды адамдарға бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Шағын көлемді кемелердің кеме жүргізушілерінің белгіленген жылдамдықты арттыруы, навигациялық белгілердің талаптарын сақтамауы, тыйым салынған жерлерде кемені әдейі аялдатуы немесе тоқтатуы, гидротехникалық құрылыстарды немесе техникалық құралдарды және кеме қатынасы мен навигациялық жағдай белгілерін зақымдауы, маневр жасау, дыбыс сигналдарын беру, борт жарықтары мен белгілерін алып жүру қағидаларын бұзуы –
      ескерту жасауға немесе екі айлық есептiк көрсеткiшке дейінгі мөлшерде айыппұл салуға немесе бір жылға дейінгі мерзімге шағын көлемді кемені басқару құқығынан айыруға әкеп соғады.
      3. Кеме жүргізушілердің өзен көлігі кемелерін орналастыру мен тоқтатудың белгіленген тәртібін бұзуы –
      ескерту жасауға немесе үш айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      4. Шағын көлемді кемелердің кеме жүргізушілерінің кеме билетінде көрсетілген кемені жинақтау және жабдықтау нормаларын бұзуы, навигациялық сигнал жарықтарымен жабдықталмай тәуліктің қараңғы уақытында жүзуге шығуы, жағажайлардағы суға түсу шекарасының қоршауына және басқа да ұйымдастырылған суға түсу орындарына елу метрден таяу жерге жақындауы –
      ескерту жасауға немесе бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 453-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      454-бап. Кеме жүргізушінің немесе өзге де адамның
                кемені, оның ішінде шағын көлемді кемені
                алкогольдік, есірткілік және (немесе)
                уытқұмарлық масаң күйде басқаруы

      1. Кеме жүргізушінің кемені, оның ішінде шағын көлемді кемені алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйде басқаруы, сондай-ақ осындай кемені, оның ішінде шағын көлемді кемені алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйдегі кеме жүргізушінің басқаруына беру –
      жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе бір жылға дейінгі мерзімге кемені, оның ішінде шағын көлемді кемені басқару құқығынан айыруға әкеп соғады.
      2. Авариялық жағдай туғызуға әкеп соққан нақ сол әрекеттер –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе үш жылға дейінгі мерзімге кемені, оның ішінде шағын көлемді кемені басқару құқығынан айыруға әкеп соғады.
      3. Кеме жүргізушілердің алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйін белгіленген тәртіпке сәйкес куәландырудан өтуден жалтаруы –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе бір жылға дейінгі мерзімге кемені, оның ішінде шағын көлемді кемені басқару құқығынан айыруға әкеп соғады.
      4. Кемені, оның ішінде шағын көлемді кемені алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйдегі адамдардың басқаруына жол беру –
      жеке тұлғаларға – он бес, кемелерді, оның ішінде шағын көлемді кемелерді пайдалануға жауапты лауазымды адамдарға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 454-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      455-бап. Кемелердi iшкi су жолдарында пайдалану
               қауiпсiздiгiн қамтамасыз ету ережелерiн бұзу

      1. Тиiстi рұқсатсыз суға сүңгу жұмыстарын жүргiзу немесе осы жұмыстар кезiнде сигнал беру ережелерiн сақтамау, ағаш салдар тоқтайтын тосқауылдар мен айлақтар орнату мен құру тәртiбiн, тиiстi органдардың келiсiмiнсiз балық аулау мақсаты үшiн белгiленбеген орындарда балық аулауға бейiмделген шанышқы қондырғыларын және өзге де құралдар қою тәртiбiн бұзу, -
      жеке тұлғаларға айлық есептiк көрсеткiштiң үшке дейiнгi, лауазымды адамдарға - онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Навигациялық жабдықтардың, байланыс пен сигнал берудiң жүзбелi және жағалаудағы құралдарын жою, бүлдiру, жұлу, заңсыз орнын ауыстыру, көпiрлердегi, бөгеттердегi және басқа гидротехникалық құрылыстардағы навигациялық құралдарды күтiп-ұстау, пайдалану ережелерiн және олардың белгiленген жұмыс режимiн бұзу, тиiстi рұқсатсыз (келiсiмсiз) навигациялық белгiлер мен сигналдарды танып-бiлуге кедергi келтiретiн белгiлер, құрылыстар, дыбыс және жарық сигналдарын беретiн көздер орнату, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Кеме бортының сыртына қоқыс және өзге де заттар тастау, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң үштен бiрiне дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 455-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       456-бап. Өзен порттары мен кемежайларда жүктерді тиеу,
                 түсіру және қоймаға жинау қағидаларын бұзу

      Өзен порттары мен кемежайларда жүктерді тиеудің, түсірудің және қоймаға жинаудың техникалық шарттарын, кемеде жүктерді бекiтудің техникалық шарттарын бұзу, жүкті тиеу (түсiру) актісін ресiмдемеу –
      айлық есептiк көрсеткiштің екіге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 456-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      457-бап. Шағын көлемді кемелердің тұрағына арналған
                базаларды (құрылыстарды) пайдалану қағидаларын
                бұзу

      1. Шағын көлемді кемелердің тұрағына арналған базаларда (құрылыстарда) шағын көлемді кемелерді базаға қою нормаларын, базаларды (құрылыстарды) пайдалану қауіпсіздігіне арналған шарттар мен техникалық талаптарды бұзу, сол сияқты көрсетілген базаларда (құрылыстарда) белгіленген тәртіппен тіркелмеген шағын көлемді кемелерді ұстау –
      жеке тұлғалар мен лауазымды адамдарға – он, дара кәсiпкерлерге, шағын кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – он бес, орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Шағын көлемді кемелердің жүзуге шығуын және базаға қайтуын бақылаудың белгіленген режимін сақтамау –
      ескерту жасауға немесе жеке тұлғалар мен лауазымды адамдарға бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 457-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       458-бап. Кемелерді, оның ішінде шағын көлемді кемелерді
                 тіркеу қағидаларын, сондай-ақ кемелерді жасау,
                 техникалық пайдалану қағидаларын бұзу

      Ескерту. 458-баптың тақырыбы жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Кемелерді, оның ішінде шағын көлемді кемелерді тіркеу қағидаларын бұзу, –
      жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Кемелердi жасау, техникалық пайдалану ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 458-бапқа өзгерістер енгізілді - ҚР 2006.01.20. N 123 (01.01.2006 бастап  қолданысқа енгізілді); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      458-1-бап. Порттағы құрылыстарды пайдалану жөніндегі
                  талаптарды бұзу

      Порттағы құрылыстарды тұрақты және кезеңдік техникалық қарап тексерулерден өткізу мерзімдерін бұзу немесе сақтамау, айлақтық құрылыстың арқандап байлау және кері итергіш құрылғыларының жарамсыз күйде болуы немесе өздерінің сипаттамалары бойынша сәйкес келмеуі, сондай-ақ порттағы құрылыстарды техникалық қарап тексеру журналының және теңіз порты паспортының болмауы –
      лауазымды адамдарға бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 458-1-баппен толықтырылды - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      458-2-бап. Кемелермен, оның ішінде шағын көлемді
                  кемелермен болған авариялық жағдайлар мен көлік
                 оқиғаларын тергеу қағидаларын бұзу

      1. Кеме капитанының, кеме иесінің, гидротехникалық құрылыстардың лауазымды адамының көліктік бақылау органдарына теңіз көлігі кемесімен болған авариялық жағдай туралы, өзен көлігі кемесімен болған көлік оқиғасы туралы ақпаратты бермеуі –
      жеке тұлғалар мен лауазымды адамдарға – он, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Кеме жүргізушісінің немесе кеме иесінің көліктік бақылау органдарына шағын көлемді кемемен болған көлік оқиғасы туралы ақпаратты бермеуі –
      жеке тұлғаларға – бес, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Авариялық жағдайды немесе көлік оқиғасын тергеуді жүргізетін органның не лауазымды адамның сұрау салуы бойынша тергеу жүргізу үшін қажетті материалдарды, анықтамаларды, түсініктемелерді, кеме құжаттарынан үзінді көшірмелерді не басқа да ақпаратты бермеу немесе уақтылы бермеу –
      жеке тұлғаларға – бес, лауазымды адамдарға – он, дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма бес, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 458-2-баппен толықтырылды - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       459-бап. Көлiкте темекi шегу

      1. Поездар мен теңiз және өзен көлiгі кемелерiнде белгіленбеген жерлерде темекi шегу –
      айлық есептік көрсеткіштің бестен жетіге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      2. Әуе кемесінің бортында, жолаушыларды тасымалдауды жүзеге асыру кезінде автобустар, шағын автобустар, троллейбустар, таксилер және қалалық рельстік көлік салондарында темекi шегу –
      айлық есептік көрсеткіштің бестен жетіге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 459-бап жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      460-бап. Көлiкте өрт қауiпсiздiгi ережелерiн бұзу

      1. Көлiкте белгiленген өрт қауiпсiздiгi ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң екiге дейiнгi мөлшерiнде, лауазымды адамдарға беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi мөлшерiнде, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 460-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      461-бап. Көлiк құралдарын пайдалану ережелерiн бұзу

      1. Мемлекеттiк тіркеу нөмірінің белгілері (белгісі) оқылмайтын немесе стандарт талаптары бұзыла отырып орнатылған, тiркелген көлiк құралдарын басқару, -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мемлекеттік тіркеу нөмірінің белгілері (белгісі) жоқ немесе оны пайдалануға тыйым салынғаннан кейін немесе белгіленген тәртіп бойынша тіркелмеген көлік құралдарын жүргізу -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Көлік құралына көрінеу жалған немесе қолдан жасалған мемлекеттік тіркеу нөмірінің белгілерін (белгісін) орнату -
      жеке тұлғаларға - он бес, көлік құралдарының пайдаланылуына жауапты лауазымды адамдарға - елу, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3-1. Көрінеу жалған немесе қолдан жасалған мемлекеттік тіркеу нөмірінің белгілері (белгісі) бар көлік құралын жүргізу -
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе бір жыл мерзімге көлік құралдарын жүргізу құқығынан айыруға әкеп соғады.
      4. Осы баптың бесiншi бөлiгiнде көрсетiлген жағдайларды қоспағанда, жол қозғалысы қауiпсiздiгiн қамтамасыз етудiң белгiленген ережелерiне сай келмейтiн көлiк құралдарын басқару, -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Тежегiш жүйесiнiң, басқару рулiнiң, жетектi-iлiнiстi құрылғысының ақауы бар көлiк құралдарын басқару, -
      он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      6. Тиісті рұқсатсыз қайта жабдықталған көлiк құралын басқару, -
      он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Кодекстiң осы тарауында көлiк құралдары деп автомобильдердiң, тракторлардың барлық түрлерiн және басқа да өздiгiнен жүретiн машиналарды, трамвайларды, троллейбустарды, сондай-ақ мотоциклдер мен өзге де механикалық көлiк құралдарын түсiну керек.
      6-1. Жолаушыларды, багажды автомобильмен тұрақты немесе тұрақты емес тасымалдауды, сондай-ақ жүктерді тасымалдауды жүзеге асыру кезінде рейс алдындағы (ауысым алдындағы) техникалық қарап тексеруден өтпеген автокөлік құралдарын пайдалануға шығару, сондай-ақ рейс алдындағы (ауысым алдындағы) медициналық қарап тексеруден өтпеген жүргізушінің басқаруына рұқсат беру –
      дара кәсіпкерлерге, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Мемлекеттік немесе міндетті техникалық байқаудан өтпеген көлік құралын жүргізу -
      үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      8. Осы баптың бірінші, төртінші және бесінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 461-бапқа өзгерістер енгізілді - ҚР 2003.07.03 N 464 , 2004.12.09 N 10 , 2007.07.27 N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.01.24 N 399-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      461-1-бап. Көлік құралын жүргізу кезінде жүргізушінің
                  телефонды не радиостанцияны пайдалануы

      1. Көлік құралын жүргізу кезінде жүргізушінің телефонды не радиостанцияны пайдалануы -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Көлік құралын жүргізу кезінде телефонды не радиостанцияны тыңдауыш немесе қатты дауысты байланыс арқылы пайдалануға рұқсат етіледі.
      Ескерту. 461-1-баппен толықтырылды - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен; өзгеріс енгізілді - ҚР 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      462-бап. Көлiк құралдары жүргiзушiлерiнiң қозғалыстың
                белгiленген жылдамдығын арттыруы

      1. Көлiк құралдары жүргiзушiлерiнiң көлік құралы қозғалысының белгiленген жылдамдығын сағатына оннан жиырма километрге дейiнгi шамаға арттыруы –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Көлiк құралы қозғалысының белгiленген жылдамдығын сағатына жиырмадан қырық километрге дейiнгi шамаға арттыру –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Көлiк құралы қозғалысының белгiленген жылдамдығын сағатына қырық километрден асатын шамаға арттыру –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 462-бап жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       463-бап. Маршруттық көлік құралдарының тоқтау, тұрғын
                 аймақтарда жүру, жолаушылар мен жүктерді
                 тасымалдау қағидаларын сақтамау және жол жүрісі
                 қағидаларын басқа да өрескел бұзу

      Ескерту. 463-баптың тақырыбы жаңа редакцияда - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Көлік құралдарын жүргізушілердің маршруттық көлік құралдарын тоқтату, тұрғын аймақтарда жүру, жолаушылар мен жүктерді тасымалдау, қауіпсіздік белдіктерімен жабдықталған көлік құралдарымен жүру кезінде қауіпсіздік бөліктерін, мотоциклдерді жүргізу және онымен жолаушыларды тасымалдау кезінде мотошлемдерді пайдалану, көлік құралдарын сүйретуге алу, тәуліктің қараңғы мезгілінде немесе анық көрінбейтін ала-көлеңке кезде жарық беретін аспаптарды пайдалану ережелерін сақтамауы -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      1-1. (Алынып тасталды - Қазақстан Республикасының 2008.07.04  N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен).
      2. Белгiленген қағидаларды бұза отырып қауiптi жүктерді автокөлiк құралдарымен не мамандандырылған автокөлiк құралдарымен, сол сияқты 1, 6 және 7-сыныптағы қауіпті жүкті тасымалдауға арналған арнайы рұқсатсыз тасымалдау –
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға – оннан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыздан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Ірі көлемді және (немесе) ауыр салмақты автокөлік құралдарының арнайы рұқсатсыз, оның ішінде арнайы автоматтандырылған өлшеу құралдарын пайдалану арқылы тіркелетін жүріп өтуі –
      жеке тұлғалар мен дара кәсіпкерлерге – екі жүз, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – бес жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3-1. Ірі көлемді және (немесе) ауыр салмақты автокөлік құралдарының арнайы рұқсатта көрсетілген параметрлердің бірін асыра отырып не маршруттан немесе мерзімнен ауытқи отырып, жүріп өтуі –
      жеке тұлғалар мен дара кәсіпкерлерге – жүз, шағын немесе орта кәсiпкерлiк субъектілері болып табылатын заңды тұлғаларға – екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      РҚАО-ның ескертпесі!
      463-бапты 3-2-бөлікпен толықтыру көзделген - ҚР 04.07.2013 № 132-V Заңымен (01.01.2015 бастап қолданысқа енгізіледі).
      3-3. Автокөлік құралын тиеу процесінде жүк жөнелтушінің Қазақстан Республикасының заңнамасымен белгіленген, рұқсат етілген салмақтық және көлемдік параметрлерді асыруы –
      жеке тұлғалар мен дара кәсіпкерлерге – айлық есептік көрсеткіштің оннан он беске дейінгі мөлшерінде, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – отыздан елуге дейінгі мөлшерінде, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сексеннен жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-бапқа өзгерістер енгізілді - ҚР 2003.07.03 N 464 , 2004.12.09 N 10 , 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2008.07.04  N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      463-1-бап. Жол қиылыстарынан өту қағидаларын бұзу немесе
                  жолдың жүру бөлігін кесіп өту

      1. Көлік құралдарының көлденең бағыттағы жол жүрісіне кедергі келтіруге (кептеліске) әкеп соққан кептеліс пайда болған жағдайда жол қиылысына шығу немесе жолдың жүру бөлігін кесіп өту –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Жол жүрісі қағидаларының жол қиылыстарынан өтудің басымдық құқығын пайдаланатын көлік құралына жол беру талабын орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген жағдайларды қоспағанда, жол қиылыстарынан өту қағидаларын бұзу –
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-1-баппен толықтырылды - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен; жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      463-2-бап. Маневр жасау қағидаларын бұзу

      1. Жол жүрісі қағидаларының жүру, қайта ауыстыру, бұрылу, кері бұрылу немесе тоқтау алдындағы сигнал беру талабын орындамау –
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Мұндай маневрлер жасауға тыйым салынған жерлерде кері бұрылу немесе артқа жүру –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы Кодекстің 463-1-бабының екінші бөлігінде және 463-5-бабында көзделген жағдайларды қоспағанда, жол жүрісі қағидаларының жүрудің басым құқығын пайдаланатын көлік құралына жол беру талабын орындамау –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-2-баппен толықтырылды - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен; жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      463-3-бап. Көлік құралын жолдың жүру бөлігінде
                  орналастыру, қарсы жүріп өту немесе басып озу
                  қағидаларын бұзу

      1. Жол жүрісі қағидаларын бұза отырып, жаяу жүргіншілер жолдарымен, жол жиектерімен немесе тротуарлармен жүру –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Көлік құралын жолдың жүру бөлігінде орналастыру, қарсы жүріп өту немесе жолдың жүру бөлігінің қарсы бағытта жүруге арналған жағына шықпай, басып озу қағидаларын бұзу, сол сияқты ұйымдасқан көлік немесе жаяу колоннаны кесіп өту не оның арасынан орын алу –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Егер бұл жол жүрісі қағидаларында тыйым салынған жағдайларда, жолдың жүру бөлігінің қарсы бағытта жүруге арналған жағына шығу –
      бір жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
      4. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың үшінші бөлігінде көзделген, көлік құралын басқару құқығынан айырылған не ондай құқығы жоқ адам жасаған әрекет –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-3-баппен толықтырылды - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен; жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      463-4-бап. Көлік құралдарын тоқтату немесе тоқтап тұру
                  қағидаларын бұзу

      1. Осы Кодекстің 463-бабының бірінші бөлігінде, 466-бабында және осы баптың екінші және үшінші бөліктерінде көзделген жағдайларды қоспағанда, көлік құралдарын тоқтату немесе тоқтап тұру қағидаларын бұзу –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Көлік құралдарын тротуарда тоқтату немесе тоқтап тұру қағидаларын бұзу, сондай-ақ көлік құралдарын гүлзарларда, балалар немесе спорт алаңдарында тоқтату немесе тоқтап тұру –
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Басқа көлік құралдарының жол жүрісіне кедергі келтіруге әкеп соққан, көлік құралдарын жолдың жүру бөлігінде тоқтату немесе тоқтап тұру қағидаларын бұзу –
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Мүгедектердің көлік құралдарын тоқтату немесе тоқтап тұру үшін бөлінген жерлерде көлік құралдарын тоқтату немесе тоқтап тұру қағидаларын бұзу –
      елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет –
      жетпіс бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-4-баппен толықтырылды - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен; жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       463-5-бап. Арнайы жарық және дыбыс сигналдары іске
                  қосылған жедел және арнайы қызметтер көлік
                  құралының жүруіне басымдық бермеу

      1. Бір мезгілде жарқылдауық маягі мен арнайы дыбыс сигналы іске қосылған жедел және арнайы қызметтер көлік құралының жүруіне басымдық бермеу -
      жеті айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Сыртқы жағында арнайы түсті-графикалық схемалар, жазулар және белгілер бар, бір мезгілде жарқылдауық маягі мен арнайы дыбыс сигналы іске қосылған жедел және арнайы қызметтер көлік құралының жүруіне басымдық бермеу -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-5-баппен толықтырылды - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       463-6-бап. Бағдаршамның тыйым салатын сигналына немесе
                  реттеушінің тыйым салатын қимылына қарамай
                  өтіп кету

      1. Осы Кодекстің 466-бабының бірінші бөлігінде көзделген жағдайларды қоспағанда, бағдаршамның тыйым салатын сигналына немесе реттеушінің тыйым салатын қимылына қарамай өтіп кету -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-6-баппен толықтырылды - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       463-7-бап. Жүргіншілерге немесе жол жүрісінің өзге де
                  қатысушыларының жүруіне басымдық бермеу

      1. Басымдық құқығын пайдаланатын көлік құралдарының жүргізушілерін қоспағанда, жол жүрісі ережелерінің жүргіншілерге немесе жол жүрісінің өзге де қатысушыларына жол беру талаптарын орындамау -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-7-баппен толықтырылды - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       463-8-бап. Жол белгілерімен немесе жолдың жүру
                  бөлігіндегі таңбалармен көрсетілген
                  талаптарды сақтамау

      1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, жол белгілерімен немесе жолдың жүру бөлігіндегі таңбалармен көрсетілген талаптарды сақтамау -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 463-8-баппен толықтырылды - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       464-бап. Көлiк құралдарын жүргiзушiлердiң жүргiзiп
                үйренудi өткiзу, сыртқы жарық түсiру
                аспаптарын және (немесе) дыбыс сигналдарын
                пайдалану, авариялық сигнал берудi қолдану
                ережелерiн бұзуы

      1. Көлiк құралдарын жүргiзушiлердiң жүргiзiп үйренудi өткiзу, сыртқы жарық түсiру аспаптарын және (немесе) дыбыс сигналдарын пайдалану, авариялық сигнал беру мен авариялық аялдау белгiсiн қолдану ережелерiн бұзуы, -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      жеті айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 464-бапқа өзгерту енгізілді - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін  2-баптан қараңыз) Заңымен.

       464-1-бап. Көлік құралына арнайы жарық және (немесе)
                  дыбыс сигналдарын беруге арналған
                  құрылғыларды орнату ережелерін бұзу не жедел
                  және арнайы қызметтер автомобильдерінің
                  арнайы түсті-графикалық схемаларын заңсыз
                  жазу

      1. Көлік құралының алдыңғы бөлігіне қызыл түсті жарығы бар жарық аспаптарын немесе қызыл түсті жарық қайтаратын жабдықтарды, сол сияқты түсі мен жұмыс режимі көлік құралдарын пайдалануға жіберудің талаптарына сәйкес келмейтін жарық аспаптарын орнату -
      аталған аспаптар мен жабдықтарды тәркілей отырып, жеке тұлғаларға - он бес, көлік құралдарының пайдаланылуына жауапты лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері, коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүз елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жарым мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Арнайы жарық және (немесе) дыбыс сигналдарын беруге арналған құрылғыларды (күзет сигнализациясын қоспағанда) көлік құралына тиісті рұқсатсыз орнату -
      аталған құрылғыларды тәркілей отырып, жеке тұлғаларға - жиырма бес, көлік құралдарының пайдаланылуына жауапты лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері, коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Көлік құралының сыртқы жағына жедел және арнайы қызметтер автомобильдерінің арнайы түсті-графикалық схемаларын заңсыз жазу -
      жеке тұлғаларға - жиырма бес, көлік құралдарының пайдаланылуына жауапты лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері, коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - екі жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 464-1-баппен толықтырылды - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      464-2-бап. Көлік құралдары жүргізушілерін даярлау
                  қағидаларын бұзу

      1. Жеке тұлғалардың көлік құралдары жүргізушілерін даярлау қағидаларын бұзуы –
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      біліктілік куәлігінен айыруға әкеп соғады.
      3. Көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымдарының көлік құралдары жүргізушілерін даярлау қағидаларын бұзуы –
      дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – елу, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымдарының тізілімінен алып тастай отырып, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – бір жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 27-тарау 464-2-баппен толықтырылды - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа енгізіледі).

      464-3-бап. Қазақстан Республикасының жол жүрісі
                  саласындағы заңнамасын бұзу

      1. Көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктердің «Жол жүрісі туралы» Қазақстан Республикасының Заңында көзделген міндеттерді орындамауы –
      көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктерге бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті органның заңдылықтың бұзылуын жою туралы жазбаша нұсқамасын кәсіптік бірлестіктердің белгіленген мерзімде орындамауы және (немесе) тиісінше орындамауы –
      көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестікті аккредиттеу туралы куәлікті тоқтата тұрып, жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті орган көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестікті аккредиттеу туралы куәліктің қолданысын тоқтата тұрған себептерді жоймау –
      көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктерді аккредиттеу туралы куәлігінен айыруға әкеп соғады.
      4. Көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктің «Жол жүрісі туралы» Қазақстан Республикасы Заңының аккредиттеу туралы куәліктен айыруға негіздер болып табылатын талаптарын бұзуы –
      көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктерді аккредиттеу туралы куәлігінен айыруға әкеп соғады.
      5. Көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымының «Жол жүрісі туралы» Қазақстан Республикасының Заңында көзделген міндеттерді орындамауы –
      көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымына бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      6. Әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымдарының тізілімінен алып тастай отырып, көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымына екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      7. Көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымының жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті органның заңдылықтың бұзылуын жою туралы жазбаша нұсқамасын белгіленген мерзімде орындамауы –
      көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымына бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 27-тарау 464-3-баппен толықтырылды - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа енгізіледі).

       465-бап. Жол жүрісіне қатысушының жол жүрісі ережелерін
                авариялық ахуал туғызуға әкеп соғатындай
                дәрежеде бұзуы

      1. Жол жүрісіне қатысушының авариялық ахуал туғызуға әкеп соқтыратындай, яғни жол жүрісіне басқа қатысушыларды жүріс жылдамдығын, бағытын күрт өзгертуге мәжбүр етіп, жол жүрісі ережелерін бұзуы -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет -
      алты ай мерзімге көлік құралын жүргізу құқығынан айыруға әкеп соғады.
      Ескерту. 465-бап жаңа редакцияда - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       466-бап. Теміржол өткелдерінен өту ережелерін бұзу

      1. Теміржол өткелдерінен тыс жерден теміржолды кесіп өту, жабық тұрған немесе жабылып жатқан шлагбаумнан не бағдаршам немесе өткел кезекшісі тыйым салатын сигнал берген кезде теміржол өткелдеріне шығу, сол сияқты теміржол өткелінде тоқтау немесе тұру -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      алты ай мерзімге көлік құралын жүргізу құқығынан айыруға әкеп соғады.
      Ескерту. 466-бап жаңа редакцияда - Қазақстан Республикасының 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      467-бап. Жүргізушінің көлік құралын алкогольдік,
                есірткілік және (немесе) уытқұмарлық масаң күйде
                басқаруы, сол сияқты көлік құралын алкогольдік,
                есірткілік және (немесе) уытқұмарлық масаң
                күйдегі адамның басқаруына беру

      1. Жүргізушінің көлік құралын алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйде басқаруы, сол сияқты көлік құралын алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйдегі адамның басқаруына беру –
      үш жыл мерзімге көлік құралын басқару құқығынан айыруға әкеп соғады.
      2. Авариялық жағдай туғызуға әкеп соққан нақ сол әрекеттер –
      төрт жыл мерзімге көлік құралын басқару құқығынан айыруға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, жәбірленушінің денсаулығына қылмыстық жазаланатын әрекет белгілері жоқ зиян келтіруге немесе көлік құралдарын, жүктерді, жол құрылыстары мен өзге де құрылыстарды не өзге мүлікті бүлдіруге әкеп соққан әрекеттер –
      бес жыл мерзімге көлік құралын басқару құқығынан айыруға әкеп соғады.
      4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған әрекеттер –
      он бес тәулікке әкімшілік қамаққа алуға және алты жыл мерзімге көлік құралын басқару құқығынан айыруға әкеп соғады.
      5. Осы баптың төртінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      отыз тәулікке әкімшілік қамаққа алуға және он жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
      6. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, көлік құралын басқару құқығынан айырылған адам жасаған әрекеттер –
      жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
      7. Осы баптың алтыншы бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
      8. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, көлік құралдарын басқару құқығы жоқ адамдар жасаған әрекеттер –
      жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
      9. Осы баптың сегізінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
      10. Осы баптың алтыншы, жетінші, сегізінші және тоғызыншы бөліктерінде көзделген, осы Кодекстің 55-бабының үшінші бөлігіне сәйкес әкімшілік қамаққа алу қолданылмайтын адамдар жасаған әрекеттер –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Жүргізушінің (алкогольдік, есірткілік және (немесе) уытқұмарлық) масаң күйде болуы осы Кодекстің 629-бабының үшінші бөлігінде айқындалған тәртіппен анықталады.
      Ескерту. 467-бап жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      467-1-бап. Жолаушылар мен багажды автомобильмен
                 тұрақты тасымалдауды көрсетілген
                 тасымалдау бағыттарына қызмет көрсету
                 құқығын растайтын тиісті куәліксіз жүзеге
                 асыру

      1. Жолаушылар мен багажды автомобильмен тұрақты тасымалдауды көрсетілген тасымалдау бағыттарына қызмет көрсету құқығын растайтын тиісті куәліксіз жүзеге асыру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - бестен он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға он бестен жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      жеке тұлғаларға - айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - он бестен отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырма бестен елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Жаңа 467-1-баппен толықтырылды - Қазақстан Республикасының 2003.07.03. N 464 , өзгерту енгізілді - 2006.01.20.  N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27.  N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      468-бап. Көлiк құралдарын жүргiзушiлердiң жол
               қозғалысы қауiпсiздiгiн қамтамасыз етудiң
               белгiленген ережелерiн адамдардың
               денсаулығына зиян келтiруге, көлiк
               құралдарының немесе өзге де мүлiктiң
               зақымдануына әкеп соқтыратындай дәрежеде
               бұзуы

      1. Көлiк құралдарын жүргiзушiлердiң жол қозғалысы қауiпсiздiгiн қамтамасыз етудiң белгiленген ережелерiн көлiк құралдарының, жүктердiң, жолдардың, жол құрылыстарының және басқа құрылыстардың немесе өзге де мүлiктiң бүлiнуiне әкеп соқтыратындай дәрежеде материалдық залал келтiрiп бұзуы, -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе тоғыз ай мерзімге көлік құралын жүргізу құқығынан айыруға әкеп соғады.
      2. Жәбiрленушiнiң денсаулығына жеңіл зақым келтiрген нақ сол iс-әрекеттер, -
      он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға және  бір жыл мерзiмге көлiк құралын басқару құқығынан айыруға әкеп соғады.
      3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген көлiк құралдарын жүргiзу құқығы жоқ адам жасаған iс-әрекеттер, -
      жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 468-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506, 2004.12.09 N 10, 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      468-1-бап. Көлiк құралдарын жүргiзушi адамдардың жол
                  жүрісі және көлiк құралдарын пайдалану
                  қағидаларын бұзуы

      Автомобильдi, троллейбусты, трамвайды не басқа да механикалық көлiк құралын жүргiзушi адамның жол жүрісі немесе көлiк құралдарын пайдалану қағидаларын бұзуы, абайсызда адамның денсаулығына орташа ауырлықтағы зиян келтiрсе, –
      айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға және бір жылдан екі жылға дейінгі мерзімге көлік құралын жүргізу құқығынан айыруға әкеп соғады.
      Ескерту. 27-тарау 468-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен, өзгерту енгізілді - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      468-2-бап. Көлiкте қолданылатын қағидаларды бұзу

      Жол, құрылыс және басқа ұйымдарда басқару мiндеттерiн атқаратын және жолдар мен жол құрылыстарын, олардың жабдықтарын пайдалану, сондай-ақ жол жүрісін ұйымдастыру үшiн жауапты адамдардың көлiкте қолданылатын тәртiп қорғау және қозғалыс қауiпсiздiгi қағидаларын бұзуы, егер ол:
      а) iрi залал келтiруге;
      б) денеге орташа ауырлықтағы зақым келтiруге әкеп соқса, –
      айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. Осы бапта ірі залал деп айлық есептік көрсеткіштен бір жүз есе асатын мөлшерде жеке тұлғаға келтірілген залал не айлық есептік көрсеткіштен бес жүз есе асатын мөлшерде ұйымға немесе мемлекетке келтірілген залал танылады.
      Ескерту. 27-тарау 468-2-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      469-бап. Жүргізушінің жол-көлік оқиғасына байланысты
                міндеттерді орындамауы

      1. Осы баптың екінші бөлігінде көзделген жағдайларды қоспағанда, жүргізушінің өзі қатысушы болып табылатын жол-көлік оқиғасына байланысты Қазақстан Республикасының жол жүрісі туралы заңнамасында көзделген міндеттерді орындамауы –
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Жүргізушінің жол жүрісі қағидаларын бұза отырып, өзi қатысушы болып табылатын жол-көлiк оқиғасы болған жерден кетiп қалуы –
      бір жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
      3. Көлік құралдарын басқару құқығы жоқ не одан айырылған адам жасаған нақ сол әрекеттер –
      бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға не қырық бес тәулікке әкімшілік қамаққа алуға әкеп соғады.
      Ескерту. Зардап шегушiге медициналық көмек көрсетуге байланысты жол-көлiк оқиғасы болған жерден кетiп қалған адам осы бап бойынша жауаптылықтан босатылады.
      Ескерту. 469-бап жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      470-бап. Құжаттары жоқ және басқару құқығы жоқ
               адамның көлiк құралдарын басқаруы

      1. Қолында жүргiзу құқығына жүргiзушiлiк куәлiгi немесе жүргiзушi куәлiгiнiң орнына берiлген уақытша куәлiгi және заңдарда белгіленген өзге де құжаттары жоқ жүргiзушiнiң көлiк құралын басқаруы, -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Көлiк құралын басқару құқығы жоқ адамның (оқып-үйрену жүргiзуiнен басқа) оны басқаруы, сондай-ақ тиiстi санаттағы көлiктi басқару құқығы жоқ жүргiзушiнiң көлiк құралын басқаруы, не басқару құқығы жоқ адамға көлiк құралын басқаруға беру (белгiленген ережелерге сәйкес жеке тәртiппен жүргiзудi үйрету жағдайларын қоспағанда), -
      он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Көлік құралдары иелерінің азаматтық-құқықтық жауапкершілігін міндетті сақтандыру жөніндегі және (немесе) тасымалдаушының жолаушылар алдындағы азаматтық-құқықтық жауапкершілігін міндетті сақтандыру жөніндегі сақтандыру полисі болмаған адамның көлік құралын басқаруы, -
      бір айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Көлік құралын жүргізу құқығынан айрылған жүргізушінің көлік құралын жүргізуі не көлік құралын жүргізу құқығынан айрылған адамға көлік құралын жүргізуге беру -
      он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың екінші, үшінші және төртінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 470-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.06.03 N 428 , 2003.12.05 N 506 , 2004.12.09 N 10 , 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      471-бап. Ішкі істер (полиция), көліктік бақылау
                органдары қызметкерінің Қазақстан
                Республикасының Мемлекеттік шекарасы арқылы
                автокөлік құралдарын өткізу пункттерінде және
                Қазақстан Республикасының аумағындағы көліктік
                бақылау бекеттерінде, әскери полиция органы
                қызметкерінің (тек қана әскери көлік құралын
                басқаратын адамның) талаптарын орындамау,
                алкогольдік, есірткілік және (немесе)
                уытқұмарлық масаң күйін куәландырудан өтуден
                жалтару

      1. Ішкі істер (полиция), әскери полиция (тек қана әскери көлік құралын басқаратын адамның) органдары қызметкерiнiң көлiк құралын тоқтату туралы заңды талабын орындамау –
      бір жыл мерзімге көлік құралдарын басқару құқығынан айыруға, ал мұндай құқығы жоқ не одан айырылған адамдарға қатысты жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Көліктік бақылау органдары қызметкерінің Қазақстан Республикасының Мемлекеттік шекарасы арқылы автокөлік құралдарын өткізу пункттерінде және Қазақстан Республикасының аумағындағы көліктік бақылау бекеттерінде көлік құралын тоқтату туралы заңды талабын орындамау –
      айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға немесе алты айдан бір жылға дейінгі мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған әрекет –
      отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Ішкі істер (полиция), әскери полиция (тек қана әскери көлік құралын басқаратын адамның) органдары қызметкерінің белгіленген тәртіпке сәйкес алкогольдік, есірткілік және (немесе) уытқұмарлық масаң күйін куәландырудан өту туралы заңды талабын орындамау –
      үш жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
      5. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған әрекет –
      он бес тәулікке әкімшілік қамаққа алуға және алты жыл мерзімге көлік құралын басқару құқығынан айыруға әкеп соғады.
      6. Осы баптың бесінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      отыз тәулікке әкімшілік қамаққа алуға және он жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
      7. Осы баптың төртінші, бесінші және алтыншы бөліктерінде көзделген, көлік құралын басқару құқығынан айырылған адам жасаған әрекеттер –
      жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
      8. Осы баптың жетінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
      9. Осы баптың төртінші бөлігінде көзделген, көлік құралдарын басқару құқығы жоқ адамдар жасаған әрекет –
      жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
      10. Осы баптың тоғызыншы бөлігінде көзделген әкімшілік жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған нақ сол әрекеттер –
      отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
      11. Осы баптың жетінші, сегізінші, тоғызыншы және оныншы бөліктерінде көзделген, осы Кодекстің 55-бабының үшінші бөлігіне сәйкес әкімшілік қамаққа алу қолданылмайтын адамдар жасаған әрекеттер –
      екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      12. Жүргізушіні ішкі істер (полиция), әскери полиция (тек қана әскери көлік құралын басқаратын адамның) органдарының қызметкері тоқтатқан жағдайда оның рұқсатынсыз жүргізушінің және жолаушылардың (жолаушының) көлік құралы кабинасынан (салонынан) кетіп қалуы, сондай-ақ олардың көлік құралы кабинасынан (салонынан) шығу туралы талаптарды орындамауы –
      жүргізушіге және жолаушыларға (жолаушыға) бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      13. Осы баптың он екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
      жүргізушіге және жолаушыларға (жолаушыға) он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Нысанды киім киген ішкі істер (полиция), көліктік бақылау, әскери полиция органдары қызметкерлерiнiң көлiк құралын тоқтату туралы талабы ысқырып сигнал берумен бір мезгiлде қол қимылымен немесе таяқшамен сигнал беру арқылы не дыбыс күшейткiш құрылғының көмегiмен бiлдiрiледi. Сигналдар жүргiзушiге түсiнiктi болуға және оларды орындау авариялық жағдай туғызбайтындай болуы үшін дер кезiнде берiлуге тиiс.
      Ескерту. 471-бап жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      472-бап. Көлiк құралдарының қозғалысына кедергi
               жасау

      Көлiк құралдарының қозғалысына қасақана кедергiлер жасау, сондай-ақ көлiк қозғалысы ережелерiн сақтауға бақылау жасауды жүзеге асыратын уәкiлеттi лауазымды адамдардың мұндай кедергiлердi жою туралы талабын орындамау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үшке дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 472-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      473-бап. Жаяу жүргiншiлердiң және жол қозғалысына
               өзге де қатысушылардың қозғалыс ережелерiн
               бұзуы

      1. Жаяу жүргiншiлердiң және жол қозғалысына өзге де қатысушылардың жол қозғалысы қауiпсiздiгiн қамтамасыз етудiң белгiленген ережелерiнiң талаптарын орындамауы, -
      бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Жәбiрленушiнiң денсаулығына қылмыстық жазалау әрекетiнiң белгiлерi жоқ зақым келтiруге әкеп соқтырған не материалдық залал шектiрген нақ сол iс-әрекеттер, -
      он айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Жаяу жүргiншiлердiң және өзге де жол қозғалысына қатысушылардың жол қозғалысы қауiпсiздiгiн қамтамасыз етудiң белгiленген ережелерiнiң талаптарын үнемi бұзуы, -
      он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе үш тәулікке әкімшілік қамауға әкеп соғады.
      Ескерту. Жол қозғалысына өзге де қатысушылар деп бұл бапта мопедтердi, велосипедтер мен күш көлiгiн басқарушыларды, мал айдаушыларды, жолдың бойымен жүк тартатын, мiнiс малдарын немесе табынды айдаушыларды, сондай-ақ көлiк құралдары жолаушыларын түсiну керек.
      Ескерту. 473-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05 N 506 , 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      473-1-бап. Механикалық көлік құралдары мен олардың
                  тіркемелерін міндетті техникалық қарап
                  тексеруді ұйымдастыру және одан өткізу
                  қағидаларын бұзу

      Ескерту. 473-1-баптың тақырыбы жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Механикалық көлік құралдары мен олардың тіркемелерін міндетті техникалық қарап тексеруді ұйымдастыру және одан өткізу қағидаларын мынадай түрде бұзу:
      техникалық қарап тексеру операторының қызметіне тексеру жүргізу кезінде белгіленген, механикалық көлік құралдары мен олардың тіркемелерінің техникалық жай-күйіне сәйкес келмейтін параметрлерді көрсете отырып, техникалық қарап тексерудің диагностикалық картасын беру;
      міндетті техникалық қарап тексеруді өткізуден негізсіз бас тарту;
      механикалық көлік құралдары мен олардың тіркемелерін міндетті техникалық қарап тексерудің бірыңғай ақпараттық жүйесіне мәліметтерді табыс етпеу;
      техникалық қарап тексеру орталығының орналасқан жерінің өзгергені туралы хабардар етпеу не уақтылы хабардар етпеу;
      қызмет өңірінде міндетті техникалық қарап тексеруді өткізу кестесі туралы халыққа ақпарат бермеу;
      міндетті техникалық қарап тексеруден өткізу кестесін бұзу;
      техникалық қарап тексеру операторының міндетті техникалық қарап тексеруден өткізбей, техникалық қарап тексерудің диагностикалық картасын беруі;
      міндетті техникалық қарап тексеруді бақылау-диагностикалық жабдықты пайдаланбай не ақаулы және (немесе) өлшеп тексеруден өтпеген бақылау-диагностикалық жабдықты пайдалана отырып өткізу;
      техникалық қарап тексеру операторының міндетті техникалық қарап тексеру өткізілген күннен бастап алты ай ішінде күнделікті жазба бейне файлдарының мұрағаттық сақталуын қамтамасыз етпеуі;
      міндетті техникалық қарап тексеруден өткізу рәсімін бейне тіркеудің не техникалық қарап тексерудің диагностикалық картасында көлік құралын фото тіркеудің болмауы;
      техникалық қарап тексерудің бекітілген нысанға сәйкес келмейтін диагностикалық картасын жасау және беру;
      механикалық көлік құралдары мен олардың тіркемелерін міндетті техникалық қарап тексерудің бірыңғай ақпараттық жүйесіне мәліметтерді енгізбеу, сол сияқты анық емес және (немесе) толық емес енгізу;
      техникалық қарап тексеру орталығының өндірістік үй-жайы мен аумағының мемлекеттік стандарттарда белгіленген талаптарға сай келмеуі –
      дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Механикалық көлік құралдарын және олардың тіркемелерін міндетті техникалық қарап тексеруден өткізу және жөндеу, техникалық қызмет көрсету жөніндегі көрсетілетін қызметтерді қоса атқару, –
      техникалық қарап тексеру операторларының тізілімінен шығара отырып, дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Жеке тұлғалардың, дара кәсіпкерлердің және заңды тұлғалардың техникалық қарап тексеру орталығының аумағында механикалық көлік құралдарын және олардың тіркемелерін жөндеу және техникалық қызмет көрсету жөніндегі қызметтерді көрсетуі, –
      жеке тұлғаларға – он бес, дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      4. Техникалық қарап тексеру операторларының тізіліміне енгізген кезде көрінеу дәйексіз ақпарат ұсыну, –
      техникалық қарап тексеру операторларының тізілімінен шығара отырып, дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, –
      техникалық қарап тексеру операторларының тізілімінен шығара отырып, дара кәсіпкерлерге және шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға – қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 473-1-баппен толықтырылды - ҚР 2011.01.24 N 399-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен, өзгерістер енгізілді - ҚР 2012.04.27 N 15-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      474-бап. Техникалық ақаулары бар көлiк құралдарын
               пайдалануға шығару және пайдаланудың өзге
               де ережелерiн бұзу

      1. Көлiк құралдарының техникалық жағдайына және пайдаланылуына жауапты лауазымды адамдардың, осы Кодекстiң 475-бабында көзделген жағдайларды қоспағанда, жол қозғалысы қауiпсiздiгiн қамтамасыз етудiң белгiленген ережелерiнiң талаптарын орындамауы, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыздан қырыққа дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жәбiрленушiнiң денсаулығына жеңiл зақым келтiруге немесе көлiк құралдарын, жүктердi, жол құрылыстарын немесе өзге де құрылыстарды не өзге де мүлiктi бүлдiруге әкеп соқтырған нақ сол iс-әрекеттер, сондай-ақ уәкiлеттi мемлекеттiк органның көлiк құралын техникалық немесе өзгедей пайдалануға немесе жол қозғалысының қауiпсiздiгiн қамтамасыз етуге қатысты нұсқамасын орындамау, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырықтан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 474-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      474-1-бап. Көлiк құралдарын сапасыз жөндеу және оларды
                  техникалық ақауларымен пайдалануға шығару

      Көлiк құралдарын, қатынас жолдарын, белгi беру немесе байланыс құралдарын не өзге көлiк жабдықтарын сапасыз жөндеу, сол сияқты көлiк құралдарының техникалық жағдайына жауапты адамның техникалық ақауы бар екенi белгiлi көлiк құралдарын пайдалануға шығаруы, егер бұл әрекеттер абайсызда денсаулыққа орташа ауырлықтағы зиян келтiрсе, –
      жеке тұлғаларға айлық есептiк көрсеткiштiң екі жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 27-тарау 474-1-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      474-2-бап. Көлік құралдары қауіпсіздігіне қойылатын
                  талаптарды қамтамасыз ету саласында
                  белгіленген нормаларды бұза отырып, жаңа
                  көлік құралдарының сәйкестігін растайтын
                  сертификаттарды немесе өзге де құжаттарды
                  тану не беру

      1. Жол жүрісіне қатысуға рұқсат беру үшін негіз болған көлік құралдары қауіпсіздігіне қойылатын талаптарды қамтамасыз ету саласында белгіленген нормаларды бұза отырып, көлік құралдарының сәйкестігін растайтын сертификаттарды немесе өзге де құжаттарды тану не беру –
      бір жыл мерзімге осы қызметпен айналысу құқығынан айыра отырып, айлық есептік көрсеткіштің бір жүзден екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Көлік құралдарының немесе өзге де мүліктің бүлінуіне әкеп соққан нақ сол әрекеттер –
      екі жыл мерзімге осы қызметпен айналысу құқығынан айыра отырып, айлық есептік көрсеткіштің екі жүзден үш жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші бөлігінде көзделген, денеге жеңіл және орташа ауырлықта зақым келтіруге әкеп соққан әрекеттер –
      үш жыл мерзімге осы қызметпен айналысу құқығынан айыра отырып, айлық есептік көрсеткіштің үш жүзден бес жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 27-тарау 474-2-баппен толықтырылды - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа енгізіледі).

       475-бап. Мас күйiндегi жүргiзушiнi не басқару құқығы
               жоқ адамды көлiк құралын басқаруға жiберу

      1. Көлiк құралдарының техникалық жағдайы мен пайдаланылуына жауапты лауазымды адамның алкогольмен, есiрткiмен, уытқұмарлықпен масаю күйiндегi жүргiзушiнi не көлiк құралдарын басқару құқығы жоқ, сондай-ақ тиiстi санаты жоқ адамды көлiк құралын басқаруға жiберуi, -
      айлық есептiк көрсеткiштiң оннан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жәбiрленушiнiң денсаулығына жеңiл зақым келтiруге немесе көлiк құралдарының, жүктердiң, жол құрылыстарының немесе өзге де құрылыстардың не өзге де мүлiктiң бүлiнуiне әкеп соқтырған нақ сол iс-әрекеттер, -
      лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      3. Көлік құралы иесінің немесе иеленушісінің алкогольдік, есірткілік немесе өзге де масаю күйіндегі адамды көлік құралын жүргізуге жіберуі, егер бұл абайсызда денсаулыққа орташа ауырлықтағы зиян келтіруге әкеп соқса, –
      айлық есептiк көрсеткiштiң үш жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 475-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       476-бап. Жол қозғалысына қатысушыларға қойылатын
               өзге де талаптарды бұзу

      Кодекстiң осы тарауында тiзiп көрсетiлмеген, жол қозғалысы қауiпсiздiгiн қамтамасыз ету ережелерiмен белгiленген жол қозғалысына қатысушыларға қойылатын өзге де талаптарды бұзу, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң екiден бiр бөлiгiне дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Хаттама жасау кезiнде жол қозғалысы қауiпсiздiгiн қамтамасыз ету ережелерiнiң нақты қандай нормасы бұзылғандығы көрсетiледi.

      477-бап. Көлiкпен қауiптi заттарды немесе бұйымдарды
               тасымалдау ережелерiн бұзу

      1. Темiр жол көлiгiнде қауiптi заттарды немесе қол жүгi бұйымдарын тасымалдау ережелерiн бұзу, -
      ескерту жасауға немесе бiр айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Теңiз және өзен көлiгiнде қауiптi заттарды немесе бұйымдарды тасымалдаудың ережелерiн бұзу, сондай-ақ лауазымды адамдардың тиiстi құжаттарда қауiптi заттармен немесе бұйымдармен жасалатын операцияларды тiркеу жөнiндегi мiндеттердi орындамауы, бұрыс жазулар енгiзуi немесе тиiстi лауазымды адамдарға осындай құжаттарды көрсетуден заңсыз бас тартуы, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрге дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Әуе кемелерiнде қауiптi заттарды немесе бұйымдарды тасымалдау ережелерiн бұзу, -
      аталған заттарды немесе бұйымдарды тәркiлей отырып немесе онысыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрге дейiнгi, лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Автобуста, трамвайда, троллейбуста, маршрутты таксиде жарылыс қаупi бар заттарды немесе бұйымдарды алып жүру, сондай-ақ оларды автокөлiкте багажға немесе сақтау камерасына өткiзу, -
      үш айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      Ескерту. 477-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       478-бап. Қалалық және қала маңындағы қоғамдық
               көлiктi пайдалану ережелерiн бұзу

      Көлiк құралдарының тепкiшектерiнде және басқа да шығып тұрған бөлiктерiнде тұрып жол жүру, қозғалыс кезiнде кiру және шығу, есiктiң ашылуына және жабылуына кедергi жасау, кесiп кететiн заттарды тиiсiнше орамай алып жүру, сондай-ақ салонды және жолаушылардың киiмдерiн былғайтын бұйымдар мен заттарды тасымалдау түрiнде трамвайды, троллейбусты, қалалық және қала маңына қатынайтын автобусты немесе таксидi пайдалану ережелерiн бұзу, -
      айлық есептiк көрсеткiштiң бестен бiр бөлiгiнен бiр айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      479-бап. Жолаушыларды билетсiз алып жүру

      Жолаушыларды билетсiз алып жүру:
      1) халықаралық авиамаршруттарда ұшуды орындайтын әуе кемелерiнде -
      он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      2) iшкі авиамаршруттарда ұшуды орындайтын әуе кемелерiнде, -
      сегіз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      3) халықаралық қатынастағы поездарда –
      жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      4) республикаiшiлiк қатынастағы поездарда –
      бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      5) халықаралық қатынастағы теңіз кемелерінде –
      жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      6) республикаiшiлiк қатынастағы теңіз кемелерінде –
      алты айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      7) халықаралық қатынастағы өзен кемелерінде –
      алты айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      8) республикаiшiлiк қатынастағы өзен кемелерінде –
      бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      9) трамвайда, троллейбуста, қалада және қала маңында қатынайтын автобуста және маршрутты таксиде –
      бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
      10) халықаралық, облысаралық қалааралық, ауданаралық (облысішілік қалааралық) және ауданішілік қатынастағы автобуста –
      жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 479-бап жаңа редакцияда - ҚР 2010.12.28 N 369-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      480-бап. Ақысы төленбеген қол жүгін, теңдеме жүк
               пен жол теңдеме жүгін алып жүру

      1. Темiр жол, теңiз және өзен көлiктерiнде ақысы төленбеген теңдеме жүктiң белгiленген нормаларынан тыс қол жүгiн алып жүру, -
      айлық есептiк көрсеткiштiң екiден бiр бөлiгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қол жүгi мен теңдеме жүктi өлшеуден жалтару, олардың салмағын жасыру, сондай-ақ әуе көлiгiнде белгiленген нормалардан артық қол жүгiн алып жүру, -
      белгiленген нормадан тыс әрбiр килограмы үшiн айлық есептiк көрсеткiштiң оннан бiр бөлiгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Қалалық және қала маңында қатынайтын трамвайда, троллейбуста, автобуста және маршруттық таксиде ақысы төленбеген теңдеме жүктi алып жүру, -
      теңдеме жүктiң әрбiр орны үшiн айлық есептiк көрсеткiштiң оннан бiр бөлiгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Қалааралық қатынастағы автобуста ақысы төленбеген теңдеме жүктi алып жүру, -
      теңдеме жүктiң әрбiр орны үшiн айлық есептiк көрсеткiштiң бестен бiр бөлiгi мөлшерiнде айыппұл салуға әкеп соғады.
      5. Темiр жол, теңiз, өзен, әуе көлiктерiнде ақысы төленбеген теңдеме жүкті немесе жол теңдеме жүгін алып жүру, -
      жиырма айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      Ескерту. 480-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      480-1-бап. Темiр жол көлiгiнде жол жүру құжаттарын
                 (билеттердi) сату, олардың қолданылу
                 мерзiмiн ұзарту және билет кассаларының
                 жұмысын ұйымдастыру ережелерiн бұзу

      Темiр жол көлiгiнде жол жүру құжаттарын (билеттердi) сату, олардың қолданылу мерзiмiн ұзарту және билет кассаларының жұмысын ұйымдастыру ережелерiн бұзу, -
      жеке тұлғаларға – айлық есептiк көрсеткiштің жиырмадан жиырма беске дейінгі мөлшерінде, заңды тұлғаларға қырықтан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 480-1-баппен толықтырылды - ҚР 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді) Заңымен; өзгеріс енгізілді -  ҚР 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

       481-бап. Темiр жол, теңiз, өзен және автомобиль
               көлiгiнде жүктердiң сақталуын қамтамасыз
               ету ережелерiн бұзу

      1. Жүктерді тасымалдауға арналған теміржол жылжымалы құрамын қоспағанда, контейнерлерді, жүзетін және басқа да көлік құралдарын, сондай-ақ тасымалдау құралдарын зақымдау –
      бес айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Жүк вагондарының, автомобильдердiң, автомобиль тiркемелерiнiң, контейнерлердiң, трюмдердiң және жүзу құралдарының басқа да жүк салатын орындарының пломбалары мен бекiту құрылғыларын бүлдiру, олардың пломбаларын жұлып алу, жүк тасымалына байланысты операцияларды орындау үшiн пайдаланылатын жекелеген жүк орындары мен олардың бумаларын, пакеттердi, жүк аулаларының, темiр жол станцияларының, жүк автомобильдерi станцияларының, контейнер пункттерiнiң (алаңдарының), порттар (кемежайлар) мен қоймалардың қоршауларын бүлдiру, сондай-ақ жүк аулаларының, контейнер пункттерiнiң (алаңдарының), жүк аудандарының (учаскелерiнiң), порттардың (кемежайлардың), шлюздердiң және жоғарыда аталған қоймалардың аумағында тиiстi рұқсатсыз болу, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      Ескерту. 481-бапқа өзгеріс енгізілді - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      482-бап. Әуе көлiгiнде жүктердiң сақталуын қамтамасыз
               ету жөнiндегi ережелердi бұзу

      1. Контейнерлердiң пломбалары мен бекiту құрылғыларын бүлдiру, олардың пломбаларын жұлып алу, жекелеген жүк орындары мен олардың бумаларын, пакеттердi, сондай-ақ әуе көлiгiнде жүк тасымалдауға байланысты операцияларды орындау үшiн пайдаланылатын қоймалардың қоршауларын бүлдiру, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Әуе көлiгiнде жүк тасымалдауға арналған контейнерлер мен көлiк құралдарын бүлдiру, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      483-бап. Тракторларды, басқа да өздiгiнен жүретiн
               машиналар мен жабдықтарды пайдалану
               ережелерiн бұзу

      Осы Кодекстiң 246, 247, 461, 468, 470, 474, 475-баптарында көзделген ережелердi қоспағанда, тракторларды, өзге де өздiгiнен жүретiн машиналар мен жабдықтарды пайдалану ережелерiн бұзу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден үшке дейiнгi, тракторларды, өзге де өздiгiнен жүретiн машиналар мен жабдықтарды пайдалануға жауапты лауазымды адамдарға онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 483-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

      483-1-бап. Ақылы автомобиль жолдарымен (жол учаскелерімен)
                  жүріп өткені үшін ақыны уақтылы төлемеу

      Ақылы автомобиль жолдарымен (жол учаскелерімен) жүріп өткені үшін ақыны уақтылы төлемеу –
      жеке тұлғаларға – бес, заңды тұлғаларға он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 483-1-бапппен толықтырылды - ҚР 02.07.2013 № 112-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       484-бап. Көлiк құралдарын жүргiзушi жеке тұлғалардың
               пайдалану және жол жүрiсi ережелерiн үнемi
               бұзуы

       1. Көлiк құралдарын пайдалану ережелерiн үнемi бұзу, яғни бiр жыл iшiнде осы Кодекстiң 246, 247, 461, 474, 475 және 483-баптарында көзделген үш және одан да көп құқық бұзушылықты жасау, -
      жеке тұлғаларды алты ай мерзiмге көлiк құралдарын жүргiзу құқығынан айыруға және көлiк құралдарын пайдалануға жауапты лауазымды адамдарға отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Көлiк құралдарын жүргiзушi азаматтардың жол жүрiсi ережелерiн үнемi бұзуы, яғни бiр жыл iшiнде осы Кодекстiң 461, 461-1, 462, 463, 463-1, 463-2, 463-3, 463-4, 463-5, 463-6, 463-7, 463-8, 464, 465, 466 және 471 (бірінші, екінші бөліктерінде)-баптарында көзделген үш және одан да көп құқық бұзушылықты жасауы, -
      азаматтарды алты ай мерзiмге көлiк құралдарын жүргiзу құқығынан айыруға әкеп соғады.
      3. Қазақстан Республикасының көлік заңнамасын жүйелі түрде бұзушылық, яғни бір жыл ішінде осы Кодекстің 447-1 (екінші бөлігінде), 447-3447-5460463 (бірінші бөлігінде, бұл бұзушылықтар жолаушылар мен жүктерді тасымалдау қағидаларын бұзушылық болып табылған кезде, екінші, үшінші, 3-1 және 3-2-бөліктерінде), 467-1-баптарында көзделген құқық бұзушылықтарды үш және одан да көп рет жасау –
      жеке тұлғаларды – көлік құралдарын басқару құқығынан алты ай мерзімге айыруға және көлік құралдарын пайдалануға жауапты лауазымды адамдарға айлық есептік көрсеткіштің жиырма бестен отызға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 484-бап жаңа редакцияда - ҚР 2004.12.09 N 10 Заңымен; өзгерістер енгізілді - 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), 2007.07.27 N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      485-бап. Жолдарды, темiр жол өткелдерiн және басқа
               жол құрылыстарын бүлдiру

      1. Жолдарды, темiр жол өткелдерiн және жол қозғалысын реттейтiн басқа да құрылғыларды немесе техникалық құралдарды бүлдiру, соның iшiнде жол төсемесiн ластау не арнайы бөлiнген жерлерден тыс жерлермен және төсемесi жетiлдiрiлген жолдармен мал айдап өту арқылы бүлдiру, сондай-ақ түрлi құрылғылар орнату немесе жасыл екпелер отырғызу немесе оларды уақытында бұтамау салдарынан жол қозғалысын реттеу құралдарының көрiнуiн шектеу, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден екiге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, жол-көлiк оқиғасына әкеп соқтырып, жәбiрленушiнiң денсаулығына жеңiл зақым келтiрген, көлiк құралдарын, жүктердi немесе өзге мүлiктi бүлдiрген бұзушылықтар, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырықтан жүзге дейiнгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 485-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       486-бап. Жолдарды, темiр жол өткелдерiн және басқа жол
               құрылыстарын күтiп-ұстау ережелерiн бұзу

      1. Жолдарда жұмыс жүргiзу, жолдарды, темiр жол өткелдерi мен жол құрылғыларын күтiп-ұстау жөнiндегi талаптарды, жол қозғалысы қауiпсiздiгiн қамтамасыз ету ережелерiмен белгiленген өзге де талаптарды лауазымды адамдардың орындамауы, -
      жолдардың, темiр жол өткелдерiнiң, жол қозғалысын реттейтiн техникалық құралдардың және басқа жол құрылыстарының жай-күйiне жауапты лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жетiден он беске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, жол-көлiк оқиғасына әкеп соқтырып, жәбiрленушiнiң денсаулығына жеңiл зақым келтiрген, көлiк құралдарын, жүктердi, жолдарды, жол құрылыстарын және басқа құрылыстарды немесе өзге де мүлiктi бүлдiрген бұзушылық, сондай-ақ уәкiлеттi мемлекеттiк органның жол қозғалысын ұйымдастыруға немесе жол қозғалысы қауiпсiздiгiн қамтамасыз етуге қатысты нұсқамасын орындамау, -
      жолдардың, темiр жол өткелдерiнiң, жол қозғалысын реттейтiн техникалық құралдардың және басқа жол құрылыстарының жай-күйiне жауапты лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отыздан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 486-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       487-бап. Жерасты коммуникацияларының байқау
               құдықтарын күтiп-ұстау ережелерiн жол
               қозғалысы қауiпсiздiгiне қатер төндiретiндей
               дәрежеде бұзу

      1. Жерасты коммуникацияларының жолдардың жүретiн бөлiктерiндегi байқау құдықтарын күтiп-ұстау ережелерiн бұзу, сондай-ақ жолдың үстiне судың, техникалық сұйықтардың, будың шығып кетуiне және соның салдарынан жол бетiнiң бұзылуына, жол үстiне мұз қатуына, көрiну жағдайының шектелуiне және басқа кедергiлерге әкеп соқтыратын жер асты коммуникацияларының ақауларын жоюға шаралар қолданбау, -
      жерасты коммуникацияларының күтiп-ұсталуына жауапты лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Жол-көлiк оқиғасына әкеп соқтырып, адамдардың денсаулығына жеңiл зақым келтiрген, көлiк құралдарын, жүктердi және өзге де мүлiктi бүлдiрген нақ сол бұзушылық, -
      жерасты коммуникацияларының күтiп-ұсталуына жауапты лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - отыз, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға қырық айлық есептік көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 487-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       488-бап. Автомобиль жолдарына бөлiнген белдеудi
               қорғау мен пайдалану ережелерiн бұзу

      1. Белгiленген тәртiппен келiсiп алмай автомобиль жолдарына бөлiнген белдеуде жер резервтерiн жырту, екпелердi шабу, түбiрiмен қопару және бүлдiру, жердiң шымын және топырағын алу, материалдар мен жүк жинау, топографиялық және басқа жұмыстарды жүргiзу, жол қиылыстары мен кiрме жолдарды жабдықтау, ғимараттар, жер асты және жер үстi құрылыстары мен коммуникацияларын салу, жарнама және өзге ақпарат орнату, сондай-ақ бөлiнген белдеу шегiнде белгiленгеннен тыс жерде от жағу, мал жаю, қоқыс пен қар төгу, сауда жасау, жолдың су ағар жүйесiне канализациялық, өнеркәсiптiк, мелиорациялық және сарқынды суларды жiберу не жол жиегiн арық ретiнде пайдалану, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден үшке дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуге дейiнгі мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, жол-көлiк оқиғасына әкеп соқтырып, адамдарға жеңiл дене жарақатын түсiрген көлiк құралдарын немесе өзге де мүлiктi бүлдiрген, не осы баптың бiрiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған бұзушылық, -
      жеке тұлғаларға - бес, лауазымды адамдарға, жеке кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - қырық, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 488-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       489-бап. Жер пайдаланушылардың автомобиль жолдарын
               және жол құрылғыларын пайдалану мен қорғау
               ережелерiн бұзуы

      Жаяу жүретiн жолдар мен өткел (өтетiн) көпiршелердi, автомобиль жолдарын су басып кетуiне және автомобиль жолдарына бөлiнген белдеуге iргелес жер пайдаланушыларға бекiтiлiп берiлген учаскелердегi бөлiнген белдеудiң батпақтануына жол беретiн суғару жүйелерiн орналастыру, жөндеу және ұдайы тазалап отыру жөнiндегi мiндеттердi, сондай-ақ осы пайдаланушыларға бекiтiлiп берiлген учаскелерден шығатын жолдарды немесе өткел көпiршелердi қоса алғанда, ортақ пайдаланудағы автомобиль жолдарына кiрме жолдарды техникалық жағынан жарамды қалпында және таза етiп күтiп-ұстау жөнiндегi мiндеттердi орындамау, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрден үшке дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 489-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       490-бап. Магистральдық құбырларды қорғау ережелерiн
                бұзу

      Магистральдық құбырларды қорғау ережелерiн бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бiрге дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жиырмаға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 490-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       491-бап. <*>

      Ескерту. 491-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       492-бап. Электр байланыс желiлерiне қосылатын
               құрылғыларды (жабдықтарды) заңсыз қосу

       1. Электр байланысы желiлерiне қосылатын құрылғыларды (жабдықтарды) заңсыз қосу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - қырық, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      қосылатын құрылғыларды (жабдықтарды) тәркiлей отырып немесе онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - алпысқа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Қосылатын құрылғылар (жабдықтар) деп желiлерге қосылатын және абоненттердiң пайдалануындағы абоненттер байланыс арналары арқылы жiберген ақпаратты беру және қабылдау үшiн электр және радио- байланысы дыбыстарын қалыптастыратын техникалық құралдар (радиотрансляциялық нүктелер, телефон аппараттары, телефакстер, деректердi беру құрылғылары, әртүрлi телематикалық қызметтердiң қосылатын құрылғылары, кәбiлдiк теледидар құрал-жабдығы, телефон арнасының ұзартқыштары, радиотелефондар және басқалар) түсiнiледi.
      Ескерту. 492-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

       493-бап. <*>

      Ескерту. 493-бап алып тасталды - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      494-бап. Радиоэлектрондық құралдарды немесе жоғары
                жиiлiктi құрылғыларды пайдалану, сондай-ақ
                радиожиiлiктердi пайдалану ережелерiн бұзу және
                арнайы рұқсат алмай радиоэлектрондық құралдарды
                немесе жоғары жиiлiктi құрылғыларды шет елдерден
                әкелу

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Радиоэлектрондық құралдарды немесе жоғары жиiлiктi құрылғыларды пайдалану, сондай-ақ радиожиiлiктердi пайдалану ережелерiн бұзу және арнайы рұқсат алмай радиоэлектрондық құралдарды немесе жоғары жиілікті құрылғыларды шет елдерден әкелу, -
      ескерту жасауға немесе жеке тұлғаларға - бес, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық ұйымдар болып табылатын заңды тұлғаларға - жиырма, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға сексен айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      радиоэлектрондық құралдар немесе жоғары жиiлiктi құрылғылар тәркiлене отырып немесе онсыз, жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық ұйымдар болып табылатын заңды тұлғаларға - қырық, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
      Ескертулер.
      1. Осы Кодексте радиоэлектрондық құралдар деп бiр не бiрнеше радиотаратушы не радиоқабылдағыш құрылғылардан немесе олардың құрамаларынан және радиотолқындарды таратуға және қабылдауға арналған көмекшi жабдықтан тұратын техникалық құралдар түсiнiледi.
      2. Осы Кодексте жоғары жиiлiктi құрылғылар деп, электр байланысы саласында қолдануды қоспағанда, радиожиiлiк энергиясын өнеркәсiптiк, ғылыми, медициналық, тұрмыстық мақсаттарда жинақтап таратуға және жергiлiктi пайдалануға арналған жабдық немесе аспаптар түсiнiледi.
      Ескерту. 494-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді) Заңымен, өзгеріс енгізілді - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       494-1-бап. Қазақстан Республикасының байланыс
                  саласындағы заңнамасын бұзу
 
       1. Негізгі байланыс операторының телекоммуникация желілерін ортақ пайдаланылатын телекоммуникация желілеріне қосудан негізсіз бас тартуы, сондай-ақ трафикті өткізу тәртібін бұзуы, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Телекоммуникация желілерін Қазақстан Республикасының байланыс саласындағы заңнамасында көзделген ортақ пайдаланылатын телекоммуникация желілеріне қосу мерзімдерін бұзу, -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - қырық, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік), -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
       4. Абоненттер туралы қызметтік ақпаратты жинау және сақтау жөніндегі міндеттерді бұзу -
      шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүз, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      5. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекет, -
      байланыс қызметтерін көрсету туралы лицензиядан айыруға әкеп соғады.
      Ескерту. Кодекс 494-1-баппен толықтырылды - ҚР 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), өзгерту енгізілді - 2009.07.10 N 178-IV Заңдарымен.

      494-2-бап. Байланыс желісіне заңсыз қол жеткізу

      Ескерту. Кодекс 494-2-баппен толықтырылды - ҚР 2009.12.07 N 221-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен,  алып тасталды - ҚР 2011.01.10 N 383-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      495-бап. Байланыс желiлерi мен байланыс құрылыстарын
                қорғау ережелерiн бұзу

      1. Байланыс желiлерi мен байланыс құрылыстарын қорғау ережелерiн бұзу, егер бұл бұзу байланыстың тоқтауын туғызбаса, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептік көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Байланыс желiлерi мен байланыс құрылыстарын қорғау ережелерiн бұзу, егер бұл бұзу байланыстың тоқтауын туғызса, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жетпiске дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға жүзден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 495-бапқа өзгерту енгізілді - ҚР  2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       496-бап. Сәйкестігі міндетті растауға жататын, бірақ
                одан өтпеген байланыс құралдарын пайдалану

      1. Қазақстан Республикасы телекоммуникациясының біртұтас желісінде техникалық реттеу саласында сәйкестігі міндетті растауға жататын және одан өтпеген техникалық байланыс құралдарын пайдалану, сол сияқты электромагнитті сәулелендіру көзі болып табылатын радиоэлектрондық құралдар мен жоғары жиіліктегі құрылғыларды, почта байланысының техникалық құралдарын пайдалану, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - оннан жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - алпыстан жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгі мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет, -
      сертификатталмаған байланыс құралдарын тәркiлей отырып немесе онсыз, ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - жиырмадан отызға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жүз жиырмадан жүз елуге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүз елуден үш жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 496-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      497-бап.
      Ескерту. 497-бап алынып тасталды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       497-1-бап. Ақпараттық ресурстарды қорғау құралдарын
                  пайдалану жөнiндегi талаптарды бұзу

      Ақпараттық ресурстарды қорғау құралдарын пайдалану жөнiндегi талаптарды бұзу, -
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан отызға дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 497-1-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       497-2-бап. Қазақстан Республикасының электрондық
                құжаттар және электрондық цифрлық қолтаңба
                туралы заңдарын бұзу

      1. Қазақстан Республикасының электрондық құжат және электрондық цифрлық қолтаңба туралы заң актісінде көзделген міндеттерді куәландырушы орталықтың орындамауы,-
      айлық есептік көрсеткіштің жиырмадан екі жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының электрондық құжат және электрондық цифрлық қолтаңба туралы заң актісінде көзделген міндеттерді тіркеу куәлігі иесінің орындамауы,-
      айлық есептік көрсеткіштің бестен елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      3. Басқа тұлғаның жабық кілтін заңсыз алу және (немесе) электрондық цифрлық қолтаңбасын заңсыз пайдалану,-
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      4. Қазақстан Республикасының электрондық құжат және электрондық цифрлық қолтаңба туралы заң актісінде көзделген міндеттерді электрондық құжат айналымы жүйесіне қатысушылардың орындамауы,-
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 497-2-баппен толықтырылды - Қазақстан Республикасының 2003.01.07. N 372 , өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді)
Заңдарымен.

       497-3-бап. Қазақстан Республикасының ақпараттандыру
                туралы заңдарын бұзу

      Жеке және заңды тұлғалар туралы жасырын мәліметтері бар ақпараттық ресурстарды оларға мүліктік және моральдық зиян келтіру, олардың Қазақстан Республикасының заң актілерінде кепілдік берілген құқықтары мен бостандықтарын іске асыруын шектеу мақсатында пайдалану,-
      ескерту жасауға немесе жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге, шағын немесе орта кәсiпкерлiк субъектiлерi немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырмадан қырыққа дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға елуден екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 497-3-баппен толықтырылды - Қазақстан Республикасының 2003.01.07. N 372 , өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      498-бап. <*>

      Ескерту. 498-бап алып тасталды - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       499-бап. Байланыс құрылыстарын заңсыз салу

       Байланыс құрылыстарын арнайы рұқсат алмай салу, -
      лауазымды адамдарға, дара кәсiпкерлерге - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жетпiстен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 499-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       500-бап. Телефон-автоматтарды бүлдiру

      1. Телефон-автоматтарды қасақана бүлдiру, -
      айлық есептiк көрсеткiштiң жиырма беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Он алты жасқа дейiнгi кәмелетке толмағандар жасаған нақ сол iс-әрекеттер, -
      ата-аналарға немесе оларды алмастыратын адамдарға он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      501-бап. Пошта төлемiнiң қолдан жасалған мемлекеттiк
               белгiлерiн жасау немесе өткiзу

       Пошта төлемiнiң қолдан жасалған мемлекеттiк белгiлерiн өткiзу мақсатында жасау немесе өткiзу, -
      пошта төлемiнiң қолдан жасалған мемлекеттiк белгiлерi, сондай-ақ оларды жасау құралдары тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң он бестен жиырмаға дейiнгi мөлшерiнде, лауазымды адамдарға, дара кәсiпкерлерге - отыздан қырыққа дейiнгi мөлшерiнде, шағын немесе орта кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға - жетпiстен жүзге дейiнгi мөлшерiнде, iрi кәсiпкерлiк субъектiлерi болып табылатын заңды тұлғаларға екi жүзден екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 501-бап жаңа редакцияда - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

       502-бап.

      Ескерту. 502-бап алып тасталды - Қазақстан Республикасының 2005.04.13. N 40 (2005 жылғы 1 қаңтардан бастап қолданысқа енгiзiледi) Заңымен.

28-тарау. ЖАЛПЫҒА БІРДЕЙ ӘСКЕРИ МIНДЕТТIЛIК, ӘСКЕРИ ҚЫЗМЕТ
ПЕН ҚОРҒАНЫС САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР

      503-бап. Бастапқы әскери есепке алынуға не шақыру
               учаскелерiне тiркелуге тиiс азаматтардың
               тiзiмдерiн жергілікті әскери басқару органына
               бермеу немесе уақтылы бермеу

      Бастапқы әскери есепке алынуға не шақыру учаскелерiне тiркелуге тиiс азаматтардың тiзiмдерiн жергілікті әскери басқару органына бермеу немесе уақтылы бермеу, -
      меншiк нысанына қарамастан, ұйымдардың, оқу орындарының лауазымды адамдарына, сондай-ақ тұрғын үйлердi пайдалануды жүзеге асыратын ұйымдардың лауазымды адамдарына және үй иелерiне он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      504-бап. Азаматтық қорғаныс іс-шараларының орындалмауына
                әкеп соққан құқыққа қарсы әрекеттер
                (әрекетсіздік)

      Азаматтық қорғаныс іс-шараларының орындалмауына әкеп соққан құқыққа қарсы әрекеттер (әрекетсіздік) -
      азаматтарға, лауазымды адамдарға және заңды тұлғаларға айлық есептік көрсеткіштің елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 504-бап жаңа редакцияда - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі). 

      505-бап. Жергілікті әскери басқару органының
               шақыруы туралы азаматтарға хабарламау

      Меншiк нысанына қарамастан, ұйым басшысының немесе азаматтарды әскери есепке алу жұмысына жауапты басқа да лауазымды адамының жергілікті әскери басқару органының шақыруы туралы азаматтарға хабарламауы, сондай-ақ жергілікті әскери басқару органының шақыруы бойынша азаматтарға дер кезiнде келу мүмкiндiгiн қамтамасыз етпеуi, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      506-бап. Әскери есепте тұрған немесе тұруға мiндеттi
               тұрғылықты азаматтар құрамындағы өзгерiстер
               туралы мәлiметтердi уақтылы бермеу

      Әскери есепте тұрған немесе тұруға мiндеттi тұрақты тұрып жатқан азаматтар құрамындағы өзгерiстер туралы мәлiметтердi әскери есеп жүргiзу жүктелген органдарға уақтылы бермеу, -
      ұйымдардың басшыларына немесе ұйымдардағы әскери есепке алу жұмысына жауапты басқа да лауазымды адамдарға, сондай-ақ тұрғын үйлердi пайдалануды жүзеге асыратын ұйымдардың лауазымды адамдарына және үй иелерiне он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      507-бап. Әскери мiндеттiлер, шақырылушылар мен
               азаматтар туралы мәлiметтердi хабарламау

      1. Медициналық-әлеуметтiк сараптама комиссиясы лауазымды адамының әскери есепте тұрған немесе тұруға мiндеттi азаматтардың мүгедек деп танылуы туралы жергілікті әскери басқару органына белгiленген мерзiмде хабарламауы, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Азаматтық хал актiлерiн жазу органы лауазымды адамының әскери есепте тұрған немесе тұруға мiндеттi азаматтардың азаматтық хал актiлерiнiң жазбаларына өзгерiстер енгiзiлгендiгi туралы жергілікті әскери басқару органына белгiленген мерзiмде хабарламауы, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      3. Меншiк нысанына қарамастан, ұйым басшысының немесе басқа лауазымды адамының жұмысқа (оқуға) қабылданған, тұрғылықты жерi бойынша әскери есепке тұруға мiндеттi, бiрақ тұрмаған азаматтар туралы әскери есепке алуды жүзеге асыратын органға хабарламауы, -
      айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      508-бап. Азаматтардың әскери есепке алу жөнiндегi
               мiндеттердi орындамауы

      Әскери есепте тұрған немесе тұруға мiндеттi азаматтың жергілікті әскери басқару органының шақыруы бойынша көрсетілген мерзiмде дәлелдi себепсiз келмеуi –
      ескерту жасауға немесе айлық есептiк көрсеткiштiң екiден бiр бөлiгiнен беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 508-бап жаңа редакцияда - ҚР 2013.01.08 N 64-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      509-бап. Медициналық тексеруден немесе жиындардан
                жалтару

      1. Азаматтарды әскери есепке алу жөнiндегi комиссияның немесе шақыру комиссиясының жолдамасы бойынша медициналық куәландырудан не тексеруден жалтару, -
      әскери мiндеттiлерге айлық есептiк көрсеткiштiң - екiден бiр бөлiгiнен беске дейiнгi мөлшерiнде айыппұл салуға, ал шақырылушыларға ескерту жасауға не үш айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Әскери мiндеттiлердiң әскери жиындардан жалтаруы, -
      айлық есептiк көрсеткiштiң екiден беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      510-бап. Әскери есепке алу құжаттарын қасақана
                бүлдiру немесе жоғалту

      Әскери билеттi немесе әскери қызметке шақырылуға тиiс азаматтың басқа да әскери есепке алу құжаттарын қасақана бүлдiруi немесе жоюы, сондай-ақ әскери билеттiң немесе әскери қызметке шақырылуға тиiс азаматтың басқа да әскери есепке алу құжаттарының иесiнiң кiнәсiнен жоғалуы, -
      ескерту жасауға немесе айлық есептiк көрсеткiштiң екiден бiр бөлiгiнен беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

      511-бап. Әскери қызметке даярлықтан жалтару

      Шақырылушылардың жергілікті әскери басқару органдарының жолдамасымен әскери-техникалық мамандықтар бойынша әскери қызметке даярлықтан жалтаруы немесе дәлелдi себептерсiз оқу ұйымдарының сабақтарына қатыспауы, -
      ескерту жасауға немесе бiр айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      Ескерту. 511-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.05.22. N 255 Заңымен.

      512-бап. Азаматтарды мерзiмдi әскери қызметке
               заңсыз шақыру, оларды шақыруды заңсыз
               кейiнге қалдыру

      Азаматтарды мерзiмдi әскери қызметке заңсыз шақыру не оларды шақыруды заңсыз кейiнге қалдыру, -
      айлық есептiк көрсеткiштiң оннан он жетiге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.

       512-1-бап. Әскери қызметшіні қорлау

      1. Әскери қызмет міндеттерін орындау уақытында немесе орындауға байланысты олардың арасында бағыныстылық қатынастар болмаған кезде бір әскери қызметшінің екінші әскери қызметшіні қорлауы, -
      айлық есептік көрсеткіштің оннан жиырма беске дейінгі мөлшерінде айыппұл салуға немесе он тәулікке дейін әкімшілік қамауға алуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекет, -
      айлық есептік көрсеткіштің жиырма бестен елуге дейінгі мөлшерінде айыппұл салуға не он бес тәулікке дейін әкімшілік қамауға алуға әкеп соғады.
       Ескерту. Кодекс 512-1-баппен толықтырылды - ҚР-ның 2009.07.10. N 177-IV Заңымен.

       512-2-бап. Бөлімді немесе қызмет орнын өз бетімен тастап
                 кету

      1. Бейбіт уақытта, әскерге шақыру немесе келісімшарт бойынша әскери қызметін өткеріп жүрген әскери қызметші жасаған, бес тәуліктен артық, бірақ он тәуліктен аспайтын уақытқа бөлімді немесе қызмет орнын өз бетімен тастап кету, сол сияқты бөлімнен босатылу, тағайындау, ауыстыру кезінде, іссапардан, демалыстан немесе емдеу мекемелерінен қызметке дәлелсіз себептермен мерзімінде келмеу, -
      айлық есептік көрсеткіштің оннан жиырма беске дейінгі мөлшерінде айыппұл салуға немесе он тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген, он тәуліктен артық, бірақ бір айдан аспайтын уақыттағы әрекеттер, -
      айлық есептік көрсеткіштің жиырма бестен елуге дейінгі мөлшерінде айыппұл салуға немесе он бес тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
       Ескерту. Кодекс 512-2-баппен толықтырылды - ҚР-ның 2009.07.10. N 177-IV Заңымен.

       512-3-бап. Қоғамдық тәртіпті қорғау және қоғамдық
                қауіпсіздікті қамтамасыз ету бойынша қызмет
                атқару ережелерін бұзу

      Қоғамдық тәртіпті қорғау және қоғамдық қауіпсіздікті қамтамасыз ету бойынша әскери нарядтың құрамына кіретін адамның қызмет атқару ережелерін бұзуы, егер бұл іс-әрекетте қылмыстық жазаланатын әрекет белгілері болмаса, -
      айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға не бес тәулікке дейін әкімшілік қамауға алуға әкеп соғады.
       Ескерту. Кодекс 512-3-баппен толықтырылды - ҚР-ның 2009.07.10. N 177-IV Заңымен.

       512-4-бап. Бағынбау немесе бұйрықты өзгедей орындамау

      Бағынбау, яғни бастықтың бұйрығын орындаудан ашықтан-ашық бас тарту, сол сияқты қызмет мүддесіне елеулі зиян келтірмеген, бастықтың белгіленген тәртіппен берген бұйрығын бағыныштының өзгедей қасақана орындамауы, -
      он бес тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
       Ескерту. Кодекс 512-4-баппен толықтырылды - ҚР-ның 2009.07.10. N 177-IV Заңымен.

      512-5-бап. Машиналарды жүргізу немесе пайдалану
                  қағидаларын бұзу

      Әскери, арнайы машинаны немесе көлік машинасын жүргізу немесе пайдалану қағидаларын бұзу адамның денсаулығына абайсызда орташа ауырлықтағы зиян келтіруге әкеп соқса, –
      айлық есептiк көрсеткiштiң екі жүзден бес жүзге дейiнгі мөлшерiнде айыппұл салуға не қырық бес тәулікке дейін әкімшілік қамауға әкеп соғады.
      Ескерту. 28-тарау 512-5-баппен толықтырылды - ҚР 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

29-тарау. МЕМЛЕКЕТТIК БИЛIК ИНСТИТУТТАРЫНА ҚОЛСҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      513-бап. Сотқа құрметтемеушiлiк бiлдiру

      1. Процеске қатысушылардың және өзге де адамдардың қатысуынсыз соттың істі одан әрі қарауы мүмкін болмайтын жағдайларда, олардың шақыру қағазы бойынша сотқа келуден дәлелді себептерсіз жалтаруынан, сот отырысында төрағалық етушінің өкімдеріне бағынбауынан, сот үй-жайында тәртіп бұзуынан көрінген сотты құрметтемеушілік, сондай-ақ сотты және сотта белгіленген ережелерді құрметтемеушілікті анық куәландыратын өзге де іс-әрекеттер (әрекетсіздік), -
      ескерту жасауға не айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде айыппұл салуға не үштен бес тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер (әрекетсіздік), -
      айлық есептік көрсеткіштің жиырмадан отызға дейінгі мөлшерінде айыппұл салуға не бестен он тәулікке дейінгі мерзімге әкімшілік қамауға алуға әкеп соғады.
      Ескерту. 513-бап жаңа редакцияда - Қазақстан Республикасының 2007.06.29. N 270 Заңымен.

      514-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               iс қарауға қатысушылардың жауапкершiлiгi

      Қаралатын iске қатысушының әкiмшiлiк құқық бұзушылық туралы iстi қарайтын органға (лауазымды адамға) келуден дәлелдi себепсiз бас тартуы не жалтаруы, яғни келмеуi, сөйтiп iс бойынша қарауды кейiнге қалдыруға себепшi болуы, -
      он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      514-1-бап. Алқабидiң мiндеттерiн атқару үшiн сотқа
                  келмеу

      Алқабидiң мiндеттерiн атқару үшiн азаматтың сотқа шақыру бойынша дәлелсiз себептермен келмеуi, -
      азаматтарға ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 514-1-баппен толықтырылды - Қазақстан Республикасының 2006.01.16. N 122 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      514-2-бап. Алқабилердің тiзiмдерiн жасау үшiн ақпаратты
                  табыс етпеу

      Алқабилердiң тiзiмдерiн жасау үшiн жергiлiктi атқарушы органдарға қажеттi ақпаратты табыс етпеу, сол сияқты дұрыс емес ақпарат табыс ету, -
      жеке тұлғаларға ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi мөлшерiнде, лауазымды адамдарға айлық есептiк көрсеткіштiң оннан он беске дейінгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 514-2-баппен толықтырылды - Қазақстан Республикасының 2006.01.16. N 122 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      514-3-бап. Азаматқа алқаби мiндеттерiн атқаруға кедергі
                  келтiру

      Лауазымды адамның азаматқа алқаби мiндеттерiн атқаруға кедергi келтiруi, -
      лауазымды адамдарға ескерту жасауға немесе айлық есептiк көрсеткiштiң жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 514-3-баппен толықтырылды - Қазақстан Республикасының 2006.01.16. N 122 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      514-4-бап. Алқабилердің сот талқылауында iстi қарауға
                  байланысты iс-әрекеттеріндегi шектеулердi
                  сақтамау

      1. Сот талқылауында iстi қарауға байланысты алқабилердiң iс-әрекеттерiндегi Қазақстан Республикасының заңдарында белгіленген шектеулердi сақтамау, -
      азаматтарға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Алқабидi iстi қарауға одан әрi қатысудан шеттетуге әкеп соқтырған нақ сол iс-әрекеттер, -
      азаматтарға айлық есептiк көрсеткiштiң екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 514-4-баппен толықтырылды - Қазақстан Республикасының 2006.01.16. N 122 (2007 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      515-бап. Куәнiң айғақ беруден бас тартуы немесе жалтаруы

      Әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) куә ретiнде жауап алуға тиiс адамның айғақ беруден дәлелдi себептерсiз бас тартуы не жалтаруы, -
      екi айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      516-бап. Куәнiң, жәбiрленушiнiң көрiнеу жалған
               айғақтары, сарапшының көрiнеу жалған
               қорытындысы немесе қате аударма жасау

      1. Әкiмшiлiк құқық бұзушылық туралы iстi қараған кезде және медициналық қызмет сараптамасын жүргiзу барысында органға (лауазымды адамға) куәнiң, жәбiрленушiнiң көрiнеу жалған айғақтар беруi, сарапшының көрiнеу жалған қорытынды беруi, сондай-ақ осындай жағдайларда аудармашының көрiнеу қате аударма жасауы, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейiнгi, лауазымды адамдарға оннан жиырмаға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Сарапшылар медициналық қызмет сараптамасын жүргiзу кезiнде әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасаған нақ сол әрекеттер, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейiнгi, лауазымды адамдарға жиырмадан отызға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. Егер куә, жәбiрленушi, сарапшы немесе аудармашы әкiмшiлiк құқық бұзушылық туралы iстi қарау барысында ерiктi түрде, уәкiлеттi орган (лауазымды адам) iс бойынша шешiм шығарғанға дейiн өздерi берген айғақтардың, қорытындының жалғандығы, аударманың қате жасалғандығы туралы мәлiмдесе, олар әкiмшiлiк жауаптылықтан босатылады.
      Ескерту. 516-бап жаңа редакцияда - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

       516-1-бап. Әкімшілік құқық бұзушылық туралы істер
                  бойынша дәлелдемелерді бұрмалау
 
       Әкiмшiлiк құқық бұзушылық туралы iстер бойынша дәлелдемелердi iс жүргiзу iс-әрекеттерiне қатысатын маманның немесе қорғаушының жасаған бұрмалауы, егер бұл iс-әрекет адамның денсаулығына зиян немесе айтарлықтай залал келтiрмесе, -
      айлық есептік көрсеткіштің отыздан елуге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 516-1-баппен толықтырылды - ҚР 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі) Заңымен, өзгерту енгізілді - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

       517-бап. Лауазымды адамның сараптама жүргiзу туралы
               қаулыны немесе тапсырманы не маманды шақыру
               туралы талапты орындаудан бас тартуы немесе
               жалтаруы

      Мемлекеттiк қадағалау және бақылау органының қаулысы немесе тапсырмасы жiберiлген лауазымды адамның сараптама жүргiзуден не бақылау жүргiзуге, құжаттар ресiмдеу iсiн жүргiзуге, әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге немесе оны қарауға қатысу үшiн маманды шақыру туралы талабынан не оларды орындаудан дәлелсiз себептермен бас тартуы немесе жалтаруы, -
      жиырма айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      518-бап. Айыпталушының (сезiктiнiң) келетiндiгi
               туралы жеке кепiлгерлiктi бұзу

      Айыпталушының (сезiктiнiң) анықтау iсiн жүргiзетiн адамға, тергеушiге немесе сотқа келетiндiгi туралы өздерi жазбаша кепiлгерлiк берген адамдардың оны бұзуы немесе орындамауы, айыпталушының (сезiктiнiң) тергеуден немесе соттан жалтаруына әкеп соқса, -
      үш айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      519-бап. Кәмелетке толмаған айыпталушының
              (сезiктiнiң) келуiн қамтамасыз ету туралы
              мiндеттеменi бұзу

      Ата-ананың, қорғаншының, қамқоршының немесе арнаулы жабық балалар мекемесi әкiмшiлiгi өкiлiнiң қарамақтарына қарауға берiлген кәмелетке толмаған айыпталушының (сезiктiнiң) тергеушiге, анықтаушыға немесе сотқа келуiн қамтамасыз ету туралы өздерi жазбаша берген мiндеттемелерiн бұзуы, айыпталушының (сезiктiнiң) тергеуден және соттан жалтаруына әкеп соқса, -
      бiр айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      520-бап. Соттың жеке ұйғарымы, қаулысы, прокурордың,
               тергеушiнiң немесе анықтаушының ұсынысы
               бойынша шара қолданбау

      Лауазымды адамның соттың жеке ұйғарымын, қаулысын, прокурордың, тергеушiнiң немесе анықтаушының ұсынысын қарамауы немесе оларда көрсетiлген заң бұзушылықты жоюға шара қолданбауы, сондай-ақ жекеше ұйғарымға, қаулыға немесе ұсынысқа дер кезiнде жауап қайтармауы, -
      сегiз айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      521-бап. Прокурорға, тергеушіге және анықтау органына,
                сот орындаушысына, сот приставына келмеу

      Прокурорға, тергеушіге, анықтау органына айғақтар беру үшін, сот орындаушысына, сот приставына атқарушылық іс жүргізу мәселелері бойынша келмеу, сол сияқты айғақ беруден бас тарту немесе көрінеу жалған айғақтар беру –
      жеке тұлғаларға – айлық есептік көрсеткіштің бірден үшке дейінгі мөлшерінде, лауазымды адамдарға бестен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 521-бап жаңа редакцияда - ҚР 15.01.2014 № 164-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      521-1-бап. Прокурорға хабарламау немесе дер
                 кезiнде хабарламау

      Мемлекеттiк органның заң актiлерiне сәйкес хабарлау талап етiлетiн iс жүргiзу туралы прокурорға хабарламауы немесе дер кезiнде хабарламауы, -
      лауазымды адамдарға айлық есептiк көрсеткiштiң екi жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 521-1-баппен толықтырылды - Қазақстан Республикасының 2002.08.09. N 346 , өзгерту енгізілді - 2006.06.22. N 147 Заңдарымен.

      522-бап. Прокурордың, тергеушiнiң, анықтаушының,
                сот приставының, сот орындаушысының заңды
                қызметiне кедергi жасау

      1. Прокурордың, тергеушiнiң, анықтаушының, сот приставының, сот орындаушысының заңды қызметiне, мемлекеттiк органның меншiк нысанына қарамастан, ұйымның ғимаратына, үй-жайына немесе аумағына қызметтiк куәлiгiн көрсетуi бойынша кедергiсiз кiргiзуден, сондай-ақ қажеттi құжаттарды, материалдарды, статистикалық және өзге де мәлiметтердi табыс етуден, тексерулер, ревизиялар мен сараптамалар жүргiзуден, мамандар бөлуден бас тарту әрекетiнен көрiнетiн кедергi жасау, -
      ескерту жасауға немесе лауазымды адамдарға айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде айыппұл салуға не бес тәуліктен он тәулікке дейін әкімшілік қамаққа алуға әкеп соғады.
      2. Прокурордың, тергеушiнiң, анықтаушының, сот орындаушысының заңмен белгiленген негiзде және тәртiппен қойған талаптарын орындамау, -
      жеке тұлғаларға – айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде, лауазымды адамдарға жиырмадан елуге дейінгі мөлшерінде айыппұл салуға не бес тәуліктен он тәулікке дейін әкімшілік қамаққа алуға әкеп соғады.
      Ескерту. 522-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), 2006.06.22 N 147; 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      523-бап. Адвокаттың заңды қызметiне кедергi жасау

      Адвокаттың не адвокаттар алқасының, заң консультациясының, адвокат кеңсесiнiң заңды қызметiн жүзеге асыруға, олардың кәсiптiк мiндеттерiн атқару үшiн қажеттi құжаттарды, материалдарды немесе мәлiметтердi табыс етпеуден не жазбаша сауал салу бойынша заңдарда белгiленген мерзiмде табыс етуден бас тарту әрекетiнен көрiнген лауазымды адамның кедергi жасауы, егер бұл әрекеттерде қылмыстық жазалануға тиiс iс-әрекет белгiлерi болмаса, -
      жиырма айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.

      524-бап. Сот үкімін, сот шешімін немесе өзге де сот
                актісін және атқарушылық құжатты орындамау

      Сот үкімін, сот шешімін немесе өзге де сот актісін және атқарушылық құжатты орындамау –
      жеке тұлғаларға – айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде, лауазымды адамдарға, дара кәсіпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға – айлық есептік көрсеткіштің жиырмадан отызға дейінгі мөлшерінде не бес тәуліктен он тәулікке дейін әкімшілік қамаққа алуға, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға – жетпіс, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 524-бап жаңа редакцияда - ҚР 15.01.2014 № 164-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      525-бап. Сот орындаушысының, сот приставының қаулысын
                және өзге де заңды талабын орындамау

      1. Лауазымды адамдар мен жеке тұлғалардың сот орындаушысының атқарушылық құжатты орындаумен байланысты, оның ішінде оларға белгілеген мерзімде борышкердің жұмыс орны мен оның табыстары, атқарушылық құжатқа сәйкес табысынан ұстап қалу ісін жүргізу және өндіріп алынған соманы өндіріп алушыға салып жіберу туралы, борышкердің өзге де жеке және заңды тұлғалардағы ақша сомасы мен мүлкіне өндіріп алуды қолдану жөніндегі қаулыларын және заңды талаптарын дәлелсіз себептермен орындамауы –
      жеке тұлғаларға - айлық есептiк көрсеткiштiң бестен онға дейінгі, лауазымды адамдарға оннан жиырмаға дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      2. Сот орындаушысына көрінеу теріс, оның ішінде борышкердің табыстары мен мүлiктiк жағдайы туралы мәлiметтер беру, -
      жеке тұлғаларға - айлық есептiк көрсеткiштiң оннан жиырмаға дейінгі, лауазымды адамдарға жиырмадан елуге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      3. Сот приставының заңды талаптарын орындамау, -
      айлық есептiк көрсеткiштiң оннан елуге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 525-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (01.01.2006 қолданысқа енгізілді), 2006.06.22 N 147, 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      526-бап. Атқарушылық іс жүргізу бойынша борышкер болып
                табылатын адамның жұмыс орны мен тұрғылықты
                жерінің ауысқандығы туралы сот орындаушысына
                хабарламау

      Атқарушылық құжат бойынша ұстап қалуды жүргізетін адамның дәлелсіз себептер бойынша бір ай мерзімде төлем төлейтін адамның жұмыстан босатылғаны туралы, сондай-ақ оның жаңа жұмыс орны мен тұрғылықты жері туралы, егер бұл оған белгілі болса, сот орындаушысына және алимент алатын адамға хабарламауы, –
      айлық есептік көрсеткіштің бестен онға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 526-бап жаңа редакцияда - ҚР 15.01.2014 № 164-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      527-бап. Атқарушылық құжатты жоғалту

      Атқарушылық құжатты жоғалту –
      айлық есептік көрсеткіштің оннан отызға дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескертпе: Осы бап бойынша өндіріп алушылар әкімшілік жауаптылыққа тартылмайды.
      Ескерту. 527-бап жаңа редакцияда - ҚР 15.01.2014 № 164-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      528-бап. Сот орындаушысына атқарушылық құжаттарды
                орындауға кедергі келтіру

      Жеке тұлғалардың және ұйымдардың лауазымды адамдарының сот орындаушысының мүлікке өндіріп алуды қолдану іс-әрекеттерін (тізімдеу, бағалау, тыйым салу, сауда-саттық өткізу) жасауына кедергі келтіруі немесе осыған байланысты оның талаптарын орындаудан бас тартуы –
      жеке тұлғаларға – айлық есептік көрсеткіштің оннан жиырмаға дейінгі мөлшерінде, лауазымды адамдарға жиырмадан отызға дейінгі мөлшерінде айыппұл салуға не бес тәуліктен он тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
      Ескерту. 528-бап жаңа редакцияда - ҚР 15.01.2014 № 164-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       529-бап. Лауазымды адамды қорлау, зорлық әрекеттер
               жасау қатерiн төндiру

      1. Мемлекеттiк органның лауазымды адамын өзiнiң қызметтiк мiндеттерiн орындау кезiнде қорлау, сондай-ақ оған қатысты зорлық әрекеттер жасау қатерiн төндiру, егер бұл iс-әрекеттерде қылмыстық жазалануға тиiс әрекет белгiлерi болмаса, -
      жиырма бес айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер, -
      елу айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға не он бес тәулiкке дейiн әкiмшiлiк қамауға әкеп соғады.
      Ескерту. 529-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       530-бап. Мемлекеттiк наградаларды заңсыз тағып жүру

      1. Қазақстан Республикасының, Қазақ КСР-iнiң, КСРО-ның ордендерiн, медальдарын, құрметтi атақтың кеудеге тағатын белгiсiн, айырым белгiсiн немесе ордендiк ленталар мен планкадағы медальдар ленталарын бұған құқығы жоқ адамның тағып жүруi, -
      ескерту жасауға немесе Қазақстан Республикасының, Қазақ КСР-iнiң, КСРО-ның ордендерi, медальдары, құрметтi атақтың кеудеге тағатын белгiсi, айырым белгiсi немесе орден ленталары мен планкадағы медальдар ленталары тәркiленiп, айлық есептiк көрсеткiштiң бiрден үшке дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Қазақстан Республикасының, Қазақ КСР-iнiң, КСРО-ның ордендерiн, медальдарын, құрметтi атақтың кеудеге тағатын белгiсiн, айырым белгiсiн сатып алу, сату немесе өзге де өтемiн алып беру, -
      белгiлер тәркiлене отырып, айлық есептiк көрсеткiштiң үштен беске дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      3. Мемлекеттiк наградаларға атауы ұқсас немесе сырттай ұқсастығы бар белгiлердi тағайындау немесе жасау, -
      белгiлер тәркiлене отырып, жеке тұлғаларға - айлық есептiк көрсеткiштiң үштен беске дейiнгi, лауазымды адамдарға бестен онға дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 530-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       531-бап. Айырым белгілері және (немесе) нышандары бар
                нысанды әскери киімді, сондай-ақ нысанды киім
                мен арнаулы киім-кешекті заңсыз киіп жүру
                (пайдалану)

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.01.06 N 379-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      1. Айырым белгілері және (немесе) нышандары бар нысанды әскери киімді, сондай-ақ нысанды киім мен арнаулы киім-кешекті заңсыз киіп жүру (пайдалану) -
      айырым белгілері және (немесе) нышандары бар нысанды әскери киім, сондай-ақ нысанды киім мен арнаулы киім-кешек тәркіленіп, жеке тұлғаларға - бес, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - он, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Осы баптың бірінші бөлігінде көзделген әрекеттерді күзет қызметін жүзеге асыруға лицензиясы бар заңды тұлғаның осы қызметті жүзеге асырумен байланысты жасауы -
      айырым белгілері және (немесе) нышандары бар нысанды әскери киім, сондай-ақ нысанды киім мен арнаулы киім-кешек тәркіленіп, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жиырма, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға отыз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. 531-бап жаңа редакцияда - ҚР 2008.07.04 N 53-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен, өзгерту енгізілді - ҚР 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.01.06 N 379-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

30-тарау. ӘКIМШIЛIК СЫБАЙЛАС ЖЕМҚОРЛЫҚ ҚҰҚЫҚ БҰЗУШЫЛЫҚ

      532-бап. Қаржы бақылау шараларын бұзу

      Ескерту. 532-бап алынып тасталды - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      533-бап. Жеке тұлғалардың заңсыз материалдық сыйақы беруі

      Ескерту. Тақырыпқа өзгерту енгізілді - ҚР 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      Жеке тұлғалардың мемлекеттiк функцияларды атқаруға уәкiлеттi адамдарға немесе соларға теңестiрiлген адамдарға заңсыз материалдық сыйақы, сыйлықтар, жеңiлдiктер беруi немесе қызметтер көрсетуi, егер әрекеттерде қылмыстық жазалануға тиiс iс-әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң елуден жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 533-бапқа өзгерту енгізілді - ҚР 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      533-1-бап. Мемлекеттік функцияларды атқаруға уәкілетті
                  адамның не оған теңестірілген адамның заңсыз
                  материалдық сыйақы алуы

      1. Мемлекеттік функцияларды атқаруға уәкілетті адамның не оған теңестірілген адамның жеке өзі немесе делдал арқылы заңсыз материалдық сыйақы, сыйлықтар, жеңілдіктер не қызметтер көрсету ұсынған тұлғалардың пайдасына іс-әрекеттері (әрекетсіздігі) үшін оларды алуы, егер мұндай іс-әрекеттер (әрекетсіздік) мемлекеттік функцияларды атқаруға уәкілетті не оған теңестірілген адамның қызметтік өкілеттігіне кіретін болса, егер әрекеттерде қылмыстық жазалануға тиіс әрекет белгілері болмаса, -
      үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
      2. Алынып тасталды - ҚР 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.
      Ескерту. Кодекс 533-1-баппен толықтырылды - ҚР 2007.07.21 N 308, 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңдарымен.

      534-бап. Заңды тұлғалардың заңсыз материалдық
               сыйақы беруi

      1. Заңды тұлғалардың мемлекеттiк функцияларды атқаруға уәкiлеттi тұлғаларға немесе соларға теңестiрiлген тұлғаларға заңсыз материалдық сыйақы, сыйлықтар, жеңiлдiктер беруi не қызметтер көрсетуi, егер бұл әрекеттерде қылмыстық жазалануға тиiс әрекет белгiлерi болмаса, -
      айлық есептiк көрсеткiштiң жүзден бес жүзге дейiнгi мөлшерiнде айыппұл салуға әкеп соғады.
      2. Осы баптың, бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер, -
      заңды тұлғаның қызметiн тоқтатуға әкеп соғады.
      Ескерту. Мемлекеттiк функцияларды атқаруға уәкiлеттi адамға немесе оған теңестiрiлген адамға заңсыз материалдық сыйақылар, сыйлықтар, өзге де материалдық игiлiктер берген, қызметтер көрсеткен, жеңiлдiктер мен артықшылық жасаған жеке, заңды тұлғалар, егер мемлекеттiк функцияларды атқаруға уәкiлеттi адамның немесе оған теңестiрiлген адамның тарапынан өздерiне қатысты бопсалау орын алған болса немесе осы жеке, заңды тұлғалар болған жағдай туралы құзiреттi органдарға он күн мерзiм iшiнде өз еркiмен мәлiмдесе, жауапты болмайды.
      Ескерту. 534-бапқа өзгерту енгізілді - ҚР 2003.09.25 N 484, 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      535-бап. Мемлекеттiк органдар мен жергiлiктi өзiн-өзi
                басқару органдарының заңсыз кәсiпкерлiк
                қызметтi жүзеге асыруы және заңсыз кiрiстер
                алуы

      Мемлекеттiк органдар мен жергiлiктi өзiн-өзi басқару органдарының өздерiне заңдармен жүктелген функциялардан тыс кәсiпкерлiк қызметпен шұғылдануы не белгiленген қаржыландыру көздерiнен тыс материалдық игiлiктер мен артықшылықтар қабылдауы, -
      осы ұйымдардың басшыларына айлық есептiк көрсеткiштiң жүзден үш жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 535-бапқа өзгерту енгізілді - ҚР 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      536-бап. Сыбайлас жемқорлық құқық бұзушылық фактiсi
                туралы көрiнеу жалған ақпарат беру

      Ескерту. 536-бап алынып тасталды - ҚР 2007.07.21 N 308 Заңымен.

      537-бап. Сыбайлас жемқорлыққа қарсы күрес жөнiндегi
                мемлекеттiк органдар басшыларының шара
                қолданбауы

      Мемлекеттiк органдар басшыларының не жауапты хатшыларының немесе Қазақстан Республикасының Президенті айқындайтын өзге де лауазымды адамдарының сыбайлас жемқорлық құқық бұзушылықтар жасауға кiнәлi өздерiне бағынысты адамдарға қатысты өз өкiлеттiктерi шегiнде шара қолданбауы не аталған шараларды сыбайлас жемқорлыққа қарсы күрес туралы заңдарды бұза отырып қолдануы не кiнәлi адамдардың тұрғылықты жерi бойынша салық органдарына тиiстi ақпарат бермеуi, -
      айлық есептiк көрсеткiштiң елуден жүзге дейінгі мөлшерiнде айыппұл салуға әкеп соғады.
      Ескерту. 537-бапқа өзгерту енгізілді - ҚР 2003.09.25 N 484, 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27 N 315, 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңдарымен.

      537-1-бап. Бұрын сыбайлас жемқорлық қылмыс жасаған
                  адамдарды жұмысқа қабылдау

      Мемлекеттік органдар, мекемелер мен кәсіпорындар басшысының не ұлттық компаниялар, ұлттық басқарушы холдингтер, ұлттық холдингтер, ұлттық даму институттары, сондай-ақ олардың еншілес ұйымдары басшысының бұрын сыбайлас жемқорлық қылмыс жасаған адамдарды жұмысқа қабылдауы, –
      айлық есептік көрсеткіштің елуден жүзге дейінгі мөлшерінде айыппұл салуға әкеп соғады.
      Ескерту. Кодекс 537-1-баппен толықтырылды - ҚР 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

  3-бөлiм. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕРДI ҚАРАУҒА УӘКIЛЕТТI ОРГАНДАР

31-тарау. НЕГIЗГI ЕРЕЖЕЛЕР

      538-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi
                қарауға уәкiлеттi органдар (лауазымды адамдар)

      Әкiмшiлiк құқық бұзушылық туралы iстердi:
      1) мамандандырылған әкiмшiлiк соттардың судьялары;
      1-1) кәмелетке толмағандардың істері жөніндегі мамандандырылған ауданаралық соттардың судьялары;
      2) осы Кодексте уәкiлеттiк берiлген мемлекеттiк органдардың лауазымды адамдары қарайды.
      Ескертулер.
      1. Кәмелетке толмағандардың істері жөніндегі мамандандырылған ауданаралық соттың соттылығына жатқызылған істерді кәмелетке толмаған адамның қорғаушысының немесе заңды өкілінің өтінішхаты бойынша мамандандырылған әкімшілік сот қарауы мүмкін.
      Істі аудандық және оған теңестірілген сотқа қарату туралы өтінішхат іс қарауға тағайындалғанға дейін берілуі мүмкін.
      2. Егер тиісті әкімшілік-аумақтық бірліктің аумағында мамандандырылған әкімшілік сот құрылмаған болса, оның соттылығына жатқызылған істерді аудандық (қалалық) сот қарауға құқылы.
      Ескерту. 538-бап жаңа редакцияда - ҚР 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді), өзгерістер енгізілді - 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз); 17.11.2014 № 254-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

       539-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi
               қарауға уәкiлеттi органдар (лауазымды адамдар)
               құзыретiнiң ара жiгiн ажырату

      1. Судьялар осы Кодекспен өздерiнiң қарауына жатқызылған әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi мемлекеттiк органдардың лауазымды адамдары, осы Кодекстiң 541-бабында көрсетiлген iстердi қоспағанда, iстердi қарайды және әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жаза қолданады.
      3. Әкiмшiлiк жаза түрлерiнiң бiрi ретiнде шетелдiк азаматтар мен азаматтығы жоқ адамдарды Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберу, әкiмшiлiк қамауға алу, әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған заттарды өтемiн төлеп алып қою, не осы заттарды тәркiлеу, сол сияқты әкiмшiлiк құқық бұзушылық жасау арқылы алынған табыстарды (дивидендтердi), ақшаны және бағалы қағаздарды тәркiлеу, нақты тұлғаға берiлген арнайы құқықтан айыру (соның iшiнде көлiк құралдарын басқару құқығынан айыру), қызметтiң белгiлi бiр түрiне не белгiлi бiр әрекеттер жасауға лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру, өз бетiнше тұрғызылып жатқан немесе тұрғызылған құрылысты ерiксiз бұзу, жеке кәсiпкердiң қызметiн тоқтата тұру немесе оған тыйым салу көзделген әкiмшiлiк құқық бұзушылықтар туралы iстердi судья қарайды.
      4. (Алынып тасталды - 2005.10.21. N 80 Заңымен)
      5. Осы Кодекстiң 27-бабына сәйкес өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан адамның арызы бойынша осы Кодекстiң 2-бөлiмiнiң Ерекше бөлiгiнде көзделген кез келген құқық бұзушылық туралы iстi судья қарайды.
      Ескерту. 539-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506, 2005.10.21 N 80, 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      540-бап.

      Ескерту. 540-бап алынып тасталды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

32-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕРДIҢ ҚАЙДА
ҚАРАУҒА ЖАТАТЫНДЫҒЫ, ЛАУАЗЫМДЫ АДАМДАРДЫҢ IСТЕРДI ҚАРАУ ЖӘНЕ
ӘКIМШIЛIК ЖАЗАЛАРДЫ ҚОЛДАНУ ЖӨНIНДЕГI ҚҰЗЫРЕТI

      541-бап. Cоттар

      РҚАО-ның ескертпесі!
      1-бөлікке өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен.
      1. Мамандандырылған аудандық және соларға теңестiрiлген әкiмшiлiк соттардың судьялары осы баптың үшiншi бөлiгiнде көзделген жағдайларды қоспағанда, осы Кодекстiң 79-1, 79-3, 79-4, 79-5, 79-6, 80 – 84-1, 85 (төртiншi және бесiншi бөлiктерiнде), 85-1 (екiншi бөлiгiнде), 85-2 (екiншi бөлiгiнде), 85-3, 86, 86-1, 86-2, 87 (2-1 және 2-2-бөліктерінде), 87 (бесінші және алтыншы бөліктерінде), 87-2, 87-3, 87-4, 87-5, 95 – 110-1, 122, 124 (бiрiншi бөлiгiнде), 127, 129, 130, 135-1, 136 – 136-3, 140 (екiншi бөлiгiнде), 141-1, 143, 143-1, 143-2, 144-1, 145, 146-1, 147, 147-1 (екiншi бөлiгiнде), 147-6 (2-1-бөлігінде), 147-10 (екінші, төртінші, бесінші, алтыншы, жетінші, оныншы, он бірінші, он екінші, он үшінші және он төртінші бөліктерінде), 147-11 (жетiншi және тоғызыншы бөліктерінде), 147-12, 147-13, 151, 151-1, 153, 154, 154-1, 155, 155-2, 156, 157, 157-1, 158, 158-3, 158-4, 158-5, 159, 161 (бiрiншi, төртiншi және бесiншi бөлiктерiнде), 162, 163 (үшінші, төртінші, алтыншы, жетінші және он үшінші бөліктерінде), 163-2, 163-3, 163-4, 163-6, 167-1 (екiншi және үшiншi бөлiктерiнде), 168-1, 168-3, 168-5, 168-8, 175 (екiншi бөлiгiнде) (жекеше нотариустар, жеке сот орындаушылары, аудиторлар және аудиторлық ұйымдар жасаған құқық бұзушылықтар бөлiгiнде), 176 (үшінші бөлiгiнде), 177-3, 177-4, 177-5, 179 (бірінші және екінші бөліктерінде), 179-1, 183, 184, 184-1, 185, 187, 188 (екiншi бөлiгiнде), 190, 192, 200, 202, 203, 206-2, 208-1, 209, 213 (төртінші – алтыншы бөліктерінде), 214, 219-6, 219-8 (екінші және үшінші бөліктерінде), 222 – 226, 228 – 229, 230-1, 230-2, 231 (екiншi бөлiгiнде), 232, 233, 234-1, 235 (екiншi бөлiгiнде), 235-1 (төртінші бөлігінде), 237, 237-1, 240-2, 246 (екiншi бөлiгiнде), 275-1, 278 (бiрiншi бөлiгiнде), 283 (бiрiншi және үшiншi бөлiктерiнде), 298 (екiншi және үшiншi бөлiктерiнде), 298-1 (екiншi бөлiгiнде), 302 (үшiншi бөлiгiнде), 303 (екiншi бөлiгiнде), 304 (екiншi бөлiгiнде), 305 (екiншi бөлiгiнде), 306 (екiншi бөлiгiнде), 306-1 (үшiншi бөлiгiнде), 306-2, 306-3 (екiншi және үшiншi бөлiктерiнде), 308, 309-1 (жетiншi және сегiзiншi бөлiктерiнде), 309-2 (төртiншi бөлiгiнде), 309-4 (сегізінші, тоғызыншы бөліктерінде), 309-5, 310-1 (1-1 және екінші бөліктерінде), 311-1 (жетiншi бөлiгiнде), 314, 315, 316, 317 (екiншi және үшiншi бөлiктерiнде), 317-1, 317-2, 317-4 (екінші және үшінші бөліктерінде), 318, 319, 319-1, 320 (бiрiншi және 1-1-бөлiктерiнде), 321, 322 (үшiншi, төртiншi және бесiншi бөлiктерiнде), 323 (екiншi бөлiгiнде), 324 (екiншi және үшiншi бөлiктерiнде), 324-1, 324-2, 326, 327 (бiрiншi бөлiгiнде), 328, 328-2 (екінші бөлігінде), 330, 330-1 (екiншi бөлiгiнде), 332 (бiрiншi, екiншi және төртiншi бөлiктерiнде), 335, 336 (үшiншi және төртiншi бөлiктерiнде), 336-1 (үшiншi бөлiгiнде), 336-2 (үшiншi бөлiгiнде), 338 (бiрiншi бөлiгiнде), 338-1, 339, 340, 341-1, 342 – 344, 346 – 357, 357-1, 357-2 (екiншi бөлiгiнде), 357-3, 357-4, 357-5, 357-6, 357-7 (екiншi бөлiгiнде), 362, 362-1, 363, 365, 366, 367, 368, 368-1, 369 (екiншi бөлiгiнде), 370 (екiншi бөлiгiнде), 371 (екiншi бөлiгiнде), 372 – 376, 380 (екiншi бөлiгiнде), 380-2, 381-1, 386 (үшiншi бөлiгiнде), 388, 388-1, 389-1, 390 (екiншi бөлiгiнде), 391 (екiншi бөлiгiнде), 391-1 (екiншi және үшiншi бөлiктерiнде), 393, 394 (екiншi, үшінші және төртінші бөлiктерiнде), 394-1, 396 (төртiншi бөлiгiнде), 400-1, 400-2, 405 (бiрiншi бөлiгiнде), 409, 410, 413, 413-1, 413-2, 414, 415, 417, 417-1, 418, 421, 423, 424, 425-1, 426 – 430, 433, 442, 443 (бесiншi бөлiгiнде), 445, 453 (екiншi бөлiгiнде), 454 (бiрiншi – үшiншi бөлiктерiнде), 461 (3-1-бөлiгiнде), 463-3 (үшінші бөлігінде), 464-1 (бiрiншi және екiншi бөлiктерiнде), 464-2 (екінші бөлігінде), 464-3 (екінші – төртінші бөліктерінде), 465 (екiншi бөлiгiнде), 466 (екiншi бөлiгiнде), 467, 468 (бiрiншi және екiншi бөлiктерiнде), 468-1, 468-2, 469 (екінші және үшінші бөліктерінде), 471 (бірінші, екінші, төртінші – он бірінші бөліктерінде), 473 (үшiншi бөлiгiнде), 474-1, 474-2, 477 (үшiншi бөлiгiнде), 484, 492 (екiншi бөлiгiнде), 494 (екiншi бөлiгiнде), 494-1 (үшiншi және бесiншi бөлiктерiнде), 496 (екiншi бөлiгiнде), 501, 512-1 – 512-5, 513 – 518, 520 – 524, 528 – 537-1-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      1-1. Кәмелетке толмағандардың істері жөніндегі мамандандырылған ауданаралық соттардың судьялары:
      1) кәмелетке толмағандар жасаған, осы Кодекстің 320 (екінші бөлігінде), 331, 332 (үшінші бөлігінде), 334 (үшінші бөлігінде), 341 (екінші бөлігінде), 500-баптарында (екінші бөлігінде) көзделген әкімшілік құқық бұзушылықтар туралы;
      2) осы Кодекстің 111, 111-1, 111-2, 111-3, 112, 112-1, 114, 115, 115-1, 116, 117, 327 (екінші бөлігінде), 336 (1-1-бөлігінде), 336-3 (екінші бөлігінде), 336-4 (екiншi бөлiгiнде), 519-баптарында көзделген әкімшілік құқық бұзушылықтар туралы істерді қарайды.
      2. Судьялар, iстiң қайда қаралуға жататындығына қарамастан, осы баптың бiрiншi бөлiгiнде көрсетiлгендерден басқа, әкiмшiлiк жаза түрлерiнiң бiрi ретiнде шетелдiк азаматтарды не азаматтығы жоқ адамдарды Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберу, әкiмшiлiк қамауға алу, лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен), арнаулы құқығынан айыру, әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған заттарды өтемiн төлеп алып қою не тәркiлеу, сондай-ақ құрылыстарды ерiксiз бұзу, белгiлi бiр қызметпен айналысуға тыйым салу көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      3. Жоғарғы Соттың, облыстық, аудандық және оларға теңестірілген соттардың судьялары сот талқылауы барысында анықталған процеске қатысушы адамның тарапынан осы Кодекстің 513-бабында көзделген сотқа құрметтемеушілік білдіру фактілері туралы істерді қарайды.
      Ескерту. 541-бапқа өзгерістер енгізілді - ҚР 2003.03.28 N 398, 2003.06.03 N 428, 2003.07.02 N 451, 2003.07.03 N 464, 2003.07.10 N 483 (2004.01.01 бастап күшіне енеді), 2003.12.05 N 506, 2004.05.06 N 551, 2004.07.06 N 572, 2004.12.09 N 10, 2005.04.13 N 40 (2005.01.01 бастап қолданысқа енгiзiледi), 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.07.07 N 174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2006.07.07 N 181 (2007.01.01 бастап қолданысқа енгізілді), 2006.07.07 N 171 (қолданысқа енгізілу  тәртібін 2-баптан қараңыз), 2007.01.12 N 220 (2007.04.01 бастап қолданысқа енгізіледі), 2007.01.12 N 222 (жарияланған күнінен бастап алты ай өткеннен кейін қолданысқа енгізіледі), 2007.01.12 N 224 (2012.01.01 бастап қолданысқа енгізіледі), 2007.02.19 N 230 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.06.29 N 270, 2007.07.06 N 276, 2007.07.21 N 299, 2007.07.21 N 307, 2007.07.21 N 308, 2007.07.27 N 320 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 59-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 60-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.12.25 N 113-IV (2009.01.01 бастап қолданысқа енгізіледі), 2008.12.29 N 115-IV (2009.01.01 бастап қолданысқа енгізіледі), 2009.02.20 N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.07.10 N 176-IV, 2009.07.10 N 177-IV, 2009.07.10 N 178-IV, 2009.07.11 N 184-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.07.16. N 186-IV, 2009.07.17 N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.08.28 N 192-IV (2010.03.08 бастап қолданысқа енгізіледі), 2009.11.09 N 197-IV (қолданысқа енгізілу тәртібін 3-б. қараңыз. 2009.11.13 жарияланды), 2009.12.04 N 215-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2009.12.07 N 221-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2009.12.08 N 225-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.04.08 № 266-IV, 2010.04.29 № 272-IV, 2010.06.28 № 295-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2010.07.15 N 340-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2010.10.06 N 343-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі),  2010.11.15 № 352-IV (алғашқы ресми жарияланған күнінен бастап күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.01.10 N 383-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.11 № 385-IV (ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.26 № 400-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі), 2011.01.28 N 402-IV (2011.08.05 бастап қолданысқа енгізіледі), 2011.02.10 N 406-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.04.18 N 429-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.06 N 529-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі), 2012.01.09 N 533-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.12 N 540-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі), 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 33-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.11.26 N 57-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2013.01.08 N 63-V (алғашқы ресми жариялағанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi); 21.05.2013 № 95-V (алғашқы ресми жарияланғанынан кейiн алты ай өткен соң қолданысқа енгiзiледi); 13.06.2013 N 101-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізiледi), 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 02.07.2013 № 111-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен; 04.07.2013 № 126-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 127-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.01.2014 N 166-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.03.2014 N 177-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 11.04.2014 № 189-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 18.06.2014 № 210-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      542-бап.

      Ескерту. 542-бап алынып тасталды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      543-бап. Iшкi iстер органдары (полиция)

      1. Iшкi iстер органдары осы Кодекстiң 131, 131-1, 144, 160 (бiрiншi және екiншi бөлiктерiнде), 163-1, 165, 175 (екінші бөлігінде) (көлік құралдарының иелері, автомобиль көлігімен және қалалық рельстік көлікпен тасымалдаушылар жасаған құқық бұзушылық бөлігінде), 247, 277, 281-1, 298 (бiрiншi бөлiгiнде), 298-1 (бiрiншi бөлiгiнде), 300, 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 311, 330-1 (бірінші бөлігінде), 328-1, 328-2 (бірiншi бөлiгiнде), 333, 334 (бірінші және екінші бөліктерінде), 336 (бiрiншi және екiншi бөлiктерiнде), 336-1 (бiрiншi және екiншi бөлiктерiнде), 336-2 (бiрiншi және екiншi бөлiктерiнде), 336-3 (бiрiншi бөлiгiнде), 336-4 (бiрiншi бөлiгiнде), 338 (екiншi бөлiгiнде), 341 (бірінші бөлігінде), 357-2 (бiрiншi бөлiгiнде), 357-7 (бірінші бөлігінде), 364, 369 (бiрiншi бөлiгiнде), 370 (бiрiншi бөлiгiнде), 371 (бiрiншi бөлiгiнде), 377, 378, 379, 380 (бірінші бөлігінде), 380-1, 387, 389, 390 (бірінші бөлігінде), 391 (бірінші бөлігінде), 391-1 (бірінші бөлігінде), 392, 394 (бiрiншi бөлiгiнде), 395, 396 (бірінші, үшінші, бесінші және алтыншы бөліктерінде), 439 (бiрiншi, екiншi, төртiншi және бесiншi бөлiктерiнде), 440, 441, 443 (төртiншi бөлiгiнде), 446, 447-1 (екiншi бөлiгiнде), 447-3, 459, 461 (бірінші-үшінші, төртінші-сегізінші бөліктерінде), 461-1, 462, 463 (бірінші және төртінші бөліктерінде), 463-1, 463-2, 463-3 (бірінші, екінші, төртінші және бесінші бөліктерінде)-463-8, 464, 464-1 (үшінші бөлігінде), 464-2 (бірінші, үшінші және төртінші бөліктерінде), 464-3 (бірінші, бесінші – жетінші бөліктерінде), 465 (бірінші бөлігінде), 466 (бірінші бөлігінде), 467-1, 468 (үшінші бөлігінде), 469 (бірінші бөлігінде), 470, 471 (үшінші, он екінші және он үшінші бөліктерінде), 472, 473 (бірінші және екінші бөліктерінде), 474, 475, 476, 477 (бiрiншi, екiншi, төртiншi бөлiктерiнде), 478, 480, 481 (автомобиль көлiгiндегi бұзушылықтарды қоспағанда), 482, 485-487, 490, 500 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Iшкi iстер органдарының атынан әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға мыналар құқылы:
      1) осы Кодекстiң iшкi iстер органдарының қарауына жататын барлық баптары бойынша, - iшкi iстер органдарының бастықтары мен олардың орынбасарлары;
      2) осы Кодекстiң 131, 131-1, 160 (бiрiншi және екiншi бөлiктерiнде), 163-1, 298 (бiрiншi бөлiгiнде), 298-1 (бiрiншi бөлiгiнде), 300, 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 311, 328-2 (бірінші бөлігінде), 330-1 (бірінші бөлігінде), 333, 334 (бірінші және екінші бөліктерінде), 336 (бiрiншi және екiншi бөлiктерiнде), 336-1 (бiрiншi және екiншi бөлiктерiнде), 336-4 (бiрiншi бөлiгiнде), 338 (екiншi бөлiгiнде), 377, 380 (бірінші бөлігінде), 389, 390 (бірінші бөлігінде), 391 (бірінші бөлігінде), 391-1 (бірінші бөлігінде), 392, 394 (бірінші бөлігінде), 395, 396 (бірінші, үшінші, бесінші және алтыншы бөліктерінде), 490-баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн, - iшкi iстер органдары қалалық, аудандық бөлiмшелерiнiң бастықтары;
      3) осы Кодекстiң 163-1, 298 (бiрiншi бөлiгiнде), 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 330-1 (бірінші бөлігінде), 336 (бiрiншi және екiншi бөлiктерiнде), 336-1 (бiрiншi және екiншi бөлiктерiнде), 336-4 (бiрiншi бөлiгiнде), 338 (екiншi бөлiгiнде), 389, 391 (бiрiншi бөлiгiнде), 391-1 (бірінші бөлігінде), 392, 396 (бірінші, үшінші, бесінші және алтыншы бөліктерінде), 439 (бiрiншi, екiншi, төртiншi, бесiншi бөлiктерiнде), 440, 441, 446, 459, 477 (бiрiншi, екiншi, төртiншi бөлiктерiнде), 480, 485 (бiрiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн, - iшкi iстер органдары жол бөлiмшелерiнiң, жол пункттерiнiң бастықтары;
      4) осы Кодекстiң 131, 131-1, 281-1, 298-1 (бiрiншi бөлiгiнде), 300, 311, 330-1 (бірінші бөлігінде), 333 (бiрiншi бөлiгiнде), 336 (бiрiншi және екiншi бөлiктерiнде), 336-1 (бiрiншi және екiншi бөлiктерiнде), 336-3 (бірінші бөлігінде), 338 (екiншi бөлiгiнде), 377, 387, 463 (бiрiншi бөлiгiнде), 470, 473, 476-баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн, - iшкi iстер органдары полициясының учаскелiк инспекторлары;
      5) осы Кодекстiң 330-1 (бірінші бөлігінде), 333 (бiрiншi бөлiгiнде), 336 (бiрiншi және екiншi бөлiктерiнде), 338 (екiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн, - iшкi iстер органдары патрульдiк учаскелерiнiң бастықтары;
      6) осы Кодекстің 461 (үшінші және сегізінші бөліктерінде), 461-1 (екінші бөлігінде), 462 (төртінші бөлігінде), 463 (төртінші бөлігінде), 463-1 (үшінші және төртінші бөліктерінде), 463-2 (төртінші бөлігінде), 463-3 (төртінші және бесінші бөліктерінде), 463-4 (төртінші – алтыншы бөліктерінде), 463-5 (үшінші бөлігінде), 463-6 (екінші бөлігінде), 463-7 (екінші бөлігінде), 463-8 (екінші бөлігінде), 464 (екінші бөлігінде), 464-1 (үшінші бөлігінде), 464-2 (бірінші, үшінші және төртінші бөліктерінде), 464-3 (бірінші, бесінші – жетінші бөліктерінде),  467-1 (екінші бөлігінде), 468 (үшінші бөлігінде), 470 (екінші, төртінші және бесінші бөліктерінде), 471 (үшінші және он үшінші бөліктерінде), 472, 474, 475, 485-487-баптарында көзделген әкімшілік құқық бұзушылық үшін - ішкі істер органдары жол полициясы комитетінің төрағасы, басқармаларының, бөлімдерінің, бөлімшелерінің бастықтары мен олардың орынбасарлары;
      7) осы Кодекстің 175 (екінші бөлігінде) (көлік құралдарының иелері және автомобиль көлігімен және қалалық рельстік көлікпен тасымалдаушылар жасаған құқық бұзушылықтар бөлігінде), 247, 447-1 (екінші бөлігінде), 447-3, 461 (бірінші, екінші, төртінші-жетінші бөліктерінде), 461-1 (бірінші бөлігінде), 462 (бірінші-үшінші бөліктерінде), 463 (бірінші бөлігінде), 463-1 (бірінші және екінші бөліктерінде), 463-2 (бірінші-үшінші бөліктерінде), 463-3 (бірінші және екінші бөліктерінде), 463-4 (бірінші-үшінші бөліктерінде), 463-5 (бірінші және екінші бөліктерінде), 463-6 (бірінші бөлігінде), 463-7 (бірінші бөлігінде), 463-8 (бірінші бөлігінде), 464 (бірінші бөлігінде), 465 (бірінші бөлігінде), 466 (бірінші бөлігінде), 467-1 (бірінші бөлігінде), 469 (бірінші бөлігінде), 470 (бірінші, үшінші бөліктерінде), 471 (он екінші бөлігінде), 473 (бірінші және екінші бөліктерінде), 476, 485 (бірінші бөлігінде) (жеке тұлғаларға қатысты)-баптарында көзделген әкімшілік құқық бұзушылық үшін - арнаулы атағы бар жол полициясының қызметкерлері;
      8) осы Кодекстiң 281-1, 298 (бiрiншi бөлiгiнде), 298-1 (бiрiншi бөлiгiнде, 300, 311, 330-1 (бірінші бөлігінде), 387-баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн, - iшкi iстер органдарының табиғат қорғау және мал дәрiгерлiк полициялары бөлiмшелерiнiң бастықтары мен олардың орынбасарлары;
      9) осы Кодекстiң 330-1 (бірінші бөлігінде), 333 (екiншi бөлiгiнде), 336 (бiрiншi және екiншi бөлiктерiнде), 336-3 (бірінші бөлігінде), 338 (екiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн, - iшкi iстер органдарының кәмелетке толмағандардың iстерi жөнiндегi бөлiмшелерiнiң бастықтары мен олардың орынбасарлары.
      10) Алынып тасталды - ҚР 2007.03.26 N 240 Заңымен.
      11) 298-1 (бiрiншi бөлiгiнде), 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 330-1 (бірінші бөлігінде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн - iшкi iстер органдары полициясының балық қорларына қылмысты қол сұғушылыққа қарсы күрес жөнiндегi мамандандырылған бөлiмшелерiнiң бастықтары мен олардың орынбасарлары;
      12) осы Кодекстің 377, 380 (бірінші бөлігінде), 394 (бірінші бөлігінде), 395, 396 (бірінші, үшінші, бесінші және алтыншы бөліктерінде) - баптарында көзделген әкімшілік құқық бұзушылық үшін - ішкі істер органдарының көші-қон полициясы басқармаларының, бөлімдерінің, бөлімшелерінің бастықтары мен олардың орынбасарлары;
      13) осы Кодекстің 394-бабының бірінші бөлігінде көзделген әкімшілік құқық бұзушылықтар үшін – көші-қон полициясының арнаулы атақтары бар қызметкерлері.
      Ескерту. 543-бапқа өзгерістер енгізілді - ҚР 2003.06.03 N 428, 2003.12.05 N 506, 2004.12.09 N 10, 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.07.07 N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.03.26 N 240, 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз), 2009.07.10. N 176-IV, 2009.07.10 N 180-IV, 2009.07.17 N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2010.04.29 № 272-IV, 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 13.06.2013 N 101-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізiледi), 13.06.2013 N 102-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен; 04.07.2013 № 127-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 10.12.2013 № 153-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      544-бап. Мемлекеттік өртке қарсы қызмет органдары

      Ескерту. 544-бап алып тасталды - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      544-1-бап. Азаматтық қорғау саласындағы уәкілетті орган

      1. Азаматтық қорғау саласындағы уәкілетті орган:
      осы Кодекстің 231 (бірінші бөлігінде), 249, 277, 284, 312, 313, 334 (бірінші және екінші бөліктерінде), 460-баптарында көзделген өрт қауіпсіздігі саласындағы;
      221-1 (бөгеттердің қауіпсіздігін қоспағанда), 270, 271, 272 (техникалық қауіпсіздік бөлігінде), 357-2 (бірінші бөлігінде)-баптарында көзделген өнеркәсіптік қауіпсіздік саласындағы;
      осы Кодекстің 504-бабында көзделген азаматтық қорғаныс саласындағы әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Азаматтық қорғау саласындағы уәкілетті органның атынан өрт қауіпсіздігі саласындағы әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға:
      1) облыстың, республикалық маңызы бар қаланың, астананың, ауданның, облыстық маңызы бар қаланың, қаладағы ауданның өрт қауіпсіздігі саласындағы мемлекеттік бақылау жөніндегі мемлекеттік инспекторы – жеке тұлғаларға – айлық есептік көрсеткіштің онға дейінгі, лауазымды адамдарға жиырма беске дейінгі мөлшерінде айыппұл салуға;
      2) Қазақстан Республикасының өрт қауіпсіздігі саласындағы мемлекеттік бақылау жөніндегі мемлекеттік инспекторы, облыстың, республикалық маңызы бар қаланың, астананың өрт қауіпсіздігі саласындағы мемлекеттік бақылау жөніндегі бас мемлекеттік инспекторы және оның орынбасары – жеке тұлғаларға – айлық есептік көрсеткіштің онға дейінгі, лауазымды адамдарға – елуге дейінгі, заңды тұлғаларға бір жүзге дейінгі мөлшерінде айыппұл салуға;
      3) Қазақстан Республикасының өрт қауіпсіздігі саласындағы мемлекеттік бақылау жөніндегі бас мемлекеттік инспекторы және оның орынбасары – жеке тұлғаларға – айлық есептік көрсеткіштің екі жүзге дейінгі, лауазымды адамдарға – төрт жүзге дейінгі, заңды тұлғаларға екі мыңға дейінгі мөлшерінде айыппұл салуға құқылы.
      3. Алып тасталды - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi) Заңымен.
      4. Азаматтық қорғау саласындағы уәкілетті органның атынан азаматтық қорғаныс іс-шараларының орындалмауына байланысты әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға:
      1) облыстың, республикалық маңызы бар қаланың, астананың, ауданның, облыстық маңызы бар қаланың, қаладағы ауданның азаматтық қорғаныс саласындағы мемлекеттік бақылау жөніндегі мемлекеттік инспекторы – жеке тұлғаларға – айлық есептік көрсеткіштің үшке дейінгі, лауазымды адамдарға онға дейінгі мөлшерінде айыппұл салуға;
      2) Қазақстан Республикасының азаматтық қорғаныс саласындағы мемлекеттік бақылау жөніндегі мемлекеттік инспекторы, облыстың, республикалық маңызы бар қаланың, астананың азаматтық қорғаныс саласындағы мемлекеттік бақылау жөніндегі бас мемлекеттік инспекторы және оның орынбасары – жеке тұлғаларға, лауазымды адамдарға және заңды тұлғаларға айлық есептік көрсеткіштің қырыққа дейінгі мөлшерінде айыппұл салуға;
      3) Қазақстан Республикасының азаматтық қорғаныс саласындағы мемлекеттік бақылау жөніндегі бас мемлекеттік инспекторы және оның орынбасары – жеке тұлғаларға, лауазымды адамдарға және заңды тұлғаларға айлық есептік көрсеткіштің елуге дейінгі мөлшерінде айыппұл салуға құқылы.
      Ескерту. 32-тарау 544-1-баппен толықтырылды - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      544-2-бап. Өнеркәсіптік қауіпсіздік саласындағы уәкілетті
                   орган

      1. Өнеркәсіптік қауіпсіздік саласындағы уәкілетті орган осы Кодекстің 89, 175 (екінші бөлігінде) (қызметі үшінші тұлғаларға зиян келтіру қаупімен байланысты объектілердің иелері жасаған құқық бұзушылықтар бөлігінде), 220, 221 (бөгеттердің қауіпсіздігін қоспағанда), 221-1 (бөгеттердің қауіпсіздігін қоспағанда), 270, 271, 272 (техникалық қауіпсіздік бөлігінде), 357-2 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды;
      2. Өнеркәсіптік қауіпсіздік саласындағы уәкілетті органның атынан өнеркәсіптік қауіпсіздік саласындағы әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      1) облыстың, республикалық маңызы бар қаланың, астананың, ауданның, облыстық маңызы бар қаланың, қаладағы ауданның өнеркәсіптік қауіпсіздік саласындағы мемлекеттік қадағалау жөніндегі мемлекеттік инспекторы – жеке тұлғаларға айлық есептік көрсеткіштің онға дейінгі, лауазымды адамдарға елуге дейінгі мөлшерінде айыппұл салуға;
      2) Қазақстан Республикасының өнеркәсіптік қауіпсіздік саласындағы мемлекеттік қадағалау жөніндегі мемлекеттік инспекторы, облыстың, республикалық маңызы бар қаланың, астананың өнеркәсіптік қауіпсіздік саласындағы мемлекеттік қадағалау жөніндегі бас мемлекеттік инспекторы және оның орынбасары – жеке тұлғаларға айлық есептік көрсеткіштің жиырмаға дейінгі, лауазымды адамдарға, дара кәсіпкерлерге – бір жүзге дейінгі, заңды тұлғаларға – екі жүзге дейінгі мөлшерінде айыппұл салуға;
      3) Қазақстан Республикасының өнеркәсіптік қауіпсіздік саласындағы мемлекеттік қадағалау жөніндегі бас мемлекеттік инспекторы және оның орынбасары – жеке тұлғаларға айлық есептік көрсеткіштің елуге дейінгі, лауазымды адамдарға – бір жүзге дейінгі, заңды тұлғаларға – бес жүзге дейінгі мөлшерінде айыппұл салуға құқылы.
      Ескерту. 32-тарау 544-2-баппен толықтырылды - ҚР 29.09.2014 N 239-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

       545-бап. <*>

      Ескерту. 545-бап алып тасталды - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

      546-бап.

      Ескерту. 546-бап алынып тасталды - ҚР 2003.12.05 N 506 Заңымен.

      547-бап. Азаматтық авиация саласындағы уәкiлеттi орган

      Ескерту. 547-баптың тақырыбына өзгеріс енгізілді - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       1. Азаматтық авиация саласындағы уәкiлеттi орган осы Кодекстiң 175 (екінші бөлігінде) (әуе көлігімен тасымалдаушылар жасаған құқық бұзушылық бөлігінде), 443 (осы баптың бiрiншi, үшiншi және төртiншi бөлiктерiнде көзделген, азаматтық авиацияға жатпайтын аэродромдарда немесе осындай аэродромдар аумақтарында жасалған бұзушылық туралы iстердi қоспағанда, бесінші бөлігінде), 444, 446 (бiрiншi бөлiгiнде), 446-2, 447 (бірінші бөлігінде), 459, 460, 479 (әуе көлiгiнде бұзушылық жасағаны үшiн), 480 (екiншi бөлiгiнде), 482-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Азаматтық авиация саласындағы уәкiлеттi органның атынан әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға мыналар құқылы:
      соған уәкiлеттi лауазымды адамдар (411, 444, 446 (бiрiншi бөлiгi), 459, 460-баптар, азаматтық авиация қызметi саласында бұзушылық жасағаны үшiн).
      Ескерту. 547-бапқа өзгерістер енгізілді - ҚР 2003.06.03 N 428, 2003.07.03 N 464, 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), 2010.07.15 N 340-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      548-бап. Көлiк бақылау органдары

      1. Көлiк бақылау органдары осы Кодекстiң 246 (бірінші бөлігінде), 357-2 (бiрiншi бөлiгiнде), 439, 440, 440-1, 441, 447, 447-1 (бiрiншi бөлiгiнде), 447-2, 447-4, 447-5, 447-6, 448, 449, 450, 451, 452, 453 (бірінші, үшінші және төртінші бөліктерінде), 454 (төртінші бөлігінде), 455, 456, 457, 458, 458-1, 458-2, 459, 460 (әуе кемелеріндегі бұзушылықтарды қоспағанда), 461 (6-1 бөлiгiнде), 463 (бірінші бөлігінде, бұл бұзушылықтар жолаушылар мен жүктерді тасымалдау қағидаларын бұзушылық болып табылатын кезде, екінші, үшінші, 3-1, 3-2 және 3-3-бөліктерінде), 467-1, 473-1, 477 (бiрiншi, екiншi, төртiншi бөлiктерiнде), 479 - 480 (әуе көлігі кемелеріндегі бұзушылықтарды қоспағанда), 480-1, 481, 483, 483-1, 486 (бiрiншi бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Көлiк бақылау органдары атынан әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға:
      осы Кодекстiң көлiк бақылау органдарының қарауына жатқызылған барлық баптары бойынша - көлiк бақылау органының басшысы мен оның орынбасарлары, аумақтық көлiк бақылау органдарының бастықтары мен олардың орынбасарлары;
      357-2 (бірінші бөлігінде), 440, 440-1, 441, 447, 447-1 (бiрiншi бөлiгiнде), 447-2, 447-4, 447-5, 452, 454 (төртінші бөлігінде), 455, 456, 459-460 (әуе көлігі кемелеріндегі бұзушылықтарды қоспағанда), 461 (6-1-бөлігінде), 463 (бірінші бөлігінде, бұл бұзушылықтар жолаушылар мен жүктерді тасымалдау қағидаларын бұзушылық болып табылатын кезде, екінші, үшінші, 3-1, 3-2 және 3-3-бөліктерінде), 467-1, 473-1, 477 (бірінші, екінші, төртінші бөліктерінде), 479-480 (әуе көлігі кемелеріндегі бұзушылықтарды қоспағанда), 480-1, 481, 483, 483-1, 486 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық бойынша - көліктік бақылау органдарының осыған уәкілетті лауазымды адамдары құқылы.
      3. Осы баптың екiншi бөлiгiнiң үшiншi абзацында көрсетiлген лауазымды адамдар салатын айыппұл мөлшері жиырма айлық есептiк көрсеткiштен аспауға тиiс.
      Ескерту. 548-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), өзгерістер енгізілді - 2007.07.27 N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2009.12.30 № 234-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.01.06 № 238-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.12.28 N 369-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.24 N 399-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 13.06.2013 N 102-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 02.07.2013 № 112-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      548-1-бап. Мемлекеттік энергетикалық қадағалау және
                бақылау органдары

      1. Мемлекеттік энергетикалық қадағалау және бақылау органдары осы Кодекстің 219-1, 219-2, 219-3, 219-4, 219-5, 219-7, 219-8 (бірінші бөлігі), 219-10-баптарында көзделген әкімшілік құқық бұзушылықтар туралы істерді қарайды.
      2. Мемлекеттік энергетикалық қадағалау және бақылау органдарының аумақтық бөлімшелерінің басшылары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкімшілік жаза қолдануға құқылы.
      Ескерту. 548-1-баппен толықтырылды - ҚР 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі) Заңымен.

      549-бап. Көлiк және коммуникациялар саласындағы
                уәкiлеттi орган

      1. Көлiк және коммуникациялар саласындағы уәкiлеттi орган осы Кодекстiң 175 (екінші бөлігінде) (темір жол көлігімен, теңіз және ішкі су көлігімен тасымалдаушылар жасаған құқық бұзушылық бөлігінде), 357-2 (бiрiншi бөлiгiнде), 441, 443 (бірінші, екінші, үшінші және төртінші бөліктерінде), 444, 446 (бiрiншi бөлiгiнде), 450, 451 (екiншi бөлiгiнде), 452, 453 (бiрiншi бөлiгiнде), 455 (үшiншi бөлiгiнде), 457 (өздерiнiң қадағалауындағы шағын кемелер мен олардың тұруына арналған құрылыстар базалары бөлiгiнде), 459, 460, 481 (теңiз және әуе көлiгi кемелерiндегi бұзушылықтар бөлiгiнде), 488-489-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
      Көлiк және коммуникациялар саласындағы уәкiлеттi органның басшысы мен оның орынбасарлары, Көлiк және коммуникация саласындағы уәкiлеттi органның, олардың аумақтық бөлiмшелерiнiң басшылары мен олардың орынбасарлары құқылы.
      Ескерту. 549-бапқа өзгерту енгізілді - ҚР 2003.01.07 N 372, 2003.06.03 N 428, 2003.07.03 N 464, 2003.12.05 N 506, 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2010.07.15 N 340-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

       549-1-бап. Ақпараттандыру және байланыс саласындағы
                   уәкiлеттi орган

       1. Ақпараттандыру және байланыс саласындағы уәкiлеттi орган осы Кодекстiң 357-2 (бiрiншi бөлiгiнде), 492 (бiрiншi бөлiгiнде), 494 (бiрiншi бөлiгiнде), 494-1 (бірінші, екінші және төртінші бөліктерінде), 495, 496 (бiрiншi бөлiгiнде), 497-1, 497-2, 497-3-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға:
      1) ақпараттандыру және байланыс саласындағы уәкiлеттi органның басшысы мен оның орынбасарлары;
      2) ақпараттандыру және байланыс саласындағы уәкiлеттi органның аумақтық органдарының басшылары құқылы.
      Ескерту. 549-1-баппен толықтырылды - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.10 N 178-IV, 2009.12.07 N 221-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2011.01.10 N 383-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      550-бап. Мемлекеттiк еңбек инспекциясы органдары

      1. Мемлекеттiк еңбек инспекциясы органдары осы Кодекстiң 87 (бірінші-төртінші бөліктерінде), 87-1, 89-94, 175 (екiншi бөлiгiнде, жұмыс берушiлер жасаған құқық бұзушылықтарға қатысты), 396 (бірінші, екінші, үшінші, бесінші және алтыншы бөліктерінде), 399-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
      мемлекеттік еңбек инспекторлары;
      Алматы қаласының өңiрлiк қаржы орталығының қатысушыларына қатысты – Алматы қаласының өңiрлiк қаржы орталығының қызметiн реттеу жөнiндегi уәкілетті мемлекеттік органның лауазымды адамдары құқылы.
      Ескерту. 550-бап жаңа редакцияда - ҚР 2009.12.30 № 234-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), өзгерістер енгізілді - 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 10.12.2013 № 153-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      551-бап. Әдiлет органдары

      1. Әдiлет органдары осы Кодекстiң 128-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкімшілік жазалар қолдануға зияткерлік меншік құқығы саласындағы уәкiлеттi органның басшысы мен оның орынбасарлары, облыстық, Астана және Алматы қалалары әдiлет органдарының басшылары мен олардың орынбасарлары құқылы.
      Ескерту. 551-бапқа өзгерту енгізілді - ҚР 2005.11.22 N 90 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      551-1-бап. Заңды тұлғаларды, азаматтық хал актiлерiн
                  мемлекеттiк тiркеу, бағалау қызметiн реттеу
                  саласындағы уәкiлеттi мемлекеттiк орган

      Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Заңды тұлғаларды, азаматтық хал актiлерiн мемлекеттiк тiркеу, бағалау қызметiн реттеу саласындағы уәкiлеттi мемлекеттiк орган осы Кодекстiң 357-2 (бірінші бөлігінде)-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға мыналар құқылы:
      1) осы Кодекстің 357-2-бабында (бірінші бөлігінде) көзделген әкімшілік құқық бұзушылықтар үшін, - заңды тұлғаларды, азаматтық хал актілерін мемлекеттік тіркеу, бағалау қызметін реттеу саласындағы уәкілетті мемлекеттік органның басшысы, оның орынбасарлары;
      2) Алынып тасталды - ҚР 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.
      Ескерту. 551-1-баппен толықтырылды - ҚР 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      551-2-бап. Атқарушылық құжаттардың орындалуын қамтамасыз
                  ету саласындағы уәкілетті орган

      1. Атқарушылық құжаттардың орындалуын қамтамасыз ету саласындағы уәкілетті орган осы Кодекстің 525 – 527-баптарында көзделген әкімшілік құқық бұзушылықтар туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылықтар туралы және әкімшілік жазалар қолдану туралы көрсетілген істерді қарауды атқарушылық құжаттардың орындалуын қамтамасыз ету саласындағы уәкілетті органның басшысы мен оның орынбасарлары, сондай-ақ атқарушылық құжаттардың орындалуын қамтамасыз ету саласындағы уәкілетті органның облыстардағы, Астана және Алматы қалаларындағы аумақтық органдарының (аумақтық органдар) басшылары мен олардың орынбасарлары жүзеге асырады.
      Ескерту. 32-тарау 551-2-баппен толықтырылды - ҚР 15.01.2014 № 164-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      552-бап. Көшi-қон жөнiндегi органдар

      1. Көшi-қон жөнiндегi органдар (өз құзыреті шегінде) осы Кодекстің 399-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қазақстан Республикасының көшi-қон жөнiндегi органының басшысы, облыстық, Астана және Алматы қалалық және соған теңестiрiлген көшi-қон жөнiндегi органының бастығы әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға құқылы.
      Ескерту. 552-бапқа өзгерту енгізілді - ҚР 2006.03.02 N 131, 2007.07.06 N 276, 2009.12.04 N 217-IV (2010 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      553-бап. Өнеркәсiп қауiпсiздiгi саласындағы уәкiлеттi
                орган

      Ескерту. 553-бап алып тасталды - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      553-1-бап. Азаматтық қорғаныс саласындағы уәкілетті орган

      Ескерту. 553-1-бап алып тасталды - ҚР 11.04.2014 № 189-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

       554-бап. Қоршаған ортаны қорғау саласындағы уәкiлеттi
                орган

       1. Қоршаған ортаны қорғау саласындағы уәкiлеттi орган осы Кодекстің 123 (екінші бөлігінде), 175 (шаруашылық және өзге де қызметтің экологиялық тұрғыдан қауiптi түрлерiн жүзеге асыратын адамдар жасаған құқық бұзушылықтар бойынша екінші бөлігінде), 220 (бірінші бөлігінде), 240, 240-1, 241 – 246 (бірінші бөлігінде), 247 – 250, 261, 264, 265, 270 – 272, 275 (екінші бөлігінде), 276, 291, 294, 296, 301, 302 (бірінші бөлігінде), 303 (бірінші бөлігінде), 304 (бірінші бөлігінде), 305 (бірінші бөлігінде), 306 (бірінші бөлігінде), 306-1 (бірінші, екінші, төртінші бөліктерінде), 306-3 (бірінші бөлігінде), 357-2 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылықтар туралы істерді қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға:
      облыстардың, республикалық маңызы бар қалалардың, астананың мемлекеттiк экологиялық инспекторлары және мемлекеттiк экологиялық аға инспекторлары - жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi, лауазымды адамдарға - елуге дейiнгi, заңды тұлғаларға - екі жүзге дейiнгi мөлшерiнде айыппұл салуға;
      Қазақстан Республикасының мемлекеттiк экологиялық инспекторлары - жеке тұлғаларға - айлық есептiк көрсеткiштiң жиырмаға дейiнгi, лауазымды адамдарға - жетпіске дейiнгi, заңды тұлғаларға екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға;
      Қазақстан Республикасының мемлекеттiк экологиялық аға инспекторлары - жеке тұлғаларға - айлық есептiк көрсеткiштiң қырыққа дейiнгi, лауазымды адамдарға – үш жүзге дейiнгi, заңды тұлғаларға - бес жүзге дейiнгi мөлшерiнде айыппұл салуға;
      облыстардың республикалық маңызы бар қалалардың, астананың мемлекеттiк экологиялық бас инспекторлары - жеке тұлғаларға - айлық есептiк көрсеткiштiң елуге дейiнгi, лауазымды адамдарға - бір жүз елуге дейiнгi, заңды тұлғаларға - екі мыңға дейiнгi мөлшерiнде айыппұл салуға, сондай-ақ Қазақстан Республикасының заңнамасын бұза отырып жүргізілген операция сомасынан не қоршаған ортаға келтірілген зиян сомасынан пайызбен көрсетілген айыппұл салуға;
      Қазақстан Республикасының мемлекеттiк экологиялық бас инспекторы және оның орынбасары - жеке тұлғаларға - айлық есептiк көрсеткiштiң елуге дейiнгi, лауазымды адамдарға - бір жүз елуге дейiнгi, заңды тұлғаларға екі мыңға дейiнгi мөлшерiнде, сондай-ақ Қазақстан Республикасының заңнамасын бұза отырып жүргізілген операция сомасынан не қоршаған ортаға келтірілген зиян сомасынан пайызбен көрсетілген айыппұл салуға құқылы.
      Ескерту. 554-бап жаңа редакцияда - ҚР 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), өзгерістер енгізілді - 2007.01.09 N 213, 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      554-1-бап. Жер қойнауын зерделеу және пайдалану
                 жөнiндегi уәкiлеттi орган

      1. Жер қойнауын зерделеу және пайдалану жөнiндегi уәкiлеттi орган осы Кодекстiң 123 (бiрiншi бөлiгiнде), 259-274, 275 (бiрiншi бөлiгiнде), 301, 302 (бiрiншi, екiншi бөлiктерiнде), 303 (бiрiншi бөлiгiнде), 304 (бiрiншi бөлiгiнде), 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
      жер қойнауын зерделеу және пайдалану жөнiндегi аумақтық аға мемлекеттiк инспекторлар мен аумақтық мемлекеттiк инспекторлар - жеке тұлғаларға айлық есептiк көрсеткiштiң онға дейiнгi, лауазымды адамдарға - он беске дейiнгi, заңды тұлғаларға - жүз елуге дейiнгi мөлшерiнде айыппұл салуға;
      Қазақстан Республикасының жер қойнауын зерделеу және пайдалану жөнiндегi мемлекеттiк инспекторлары, жер қойнауын зерделеу және пайдалану жөнiндегi аумақтық бас мемлекеттiк инспекторлардың орынбасарлары - жеке тұлғаларға айлық есептiк көрсеткiштiң он беске дейiнгi, лауазымды адамдарға - жиырма беске дейiнгi, заңды тұлғаларға - екi жүз елуге дейiнгi мөлшерiнде айыппұл салуға;
      Қазақстан Республикасының жер қойнауын зерделеу және пайдалану жөнiндегi аға мемлекеттiк инспекторлары, жер қойнауын зерделеу және пайдалану жөнiндегi аумақтық мемлекеттiк бас инспекторлары - жеке тұлғаларға айлық есептiк көрсеткiштiң жиырма беске дейiнгi, лауазымды адамдарға - елуге дейiнгi, заңды тұлғаларға - бес жүзге дейiнгi мөлшерiнде айыппұл салуға;
      Қазақстан Республикасының жер қойнауын зерделеу және пайдалану жөнiндегi бас мемлекеттiк инспекторы мен оның орынбасарлары - жеке тұлғаларға айлық есептiк көрсеткiштiң елуге дейiнгi, лауазымды адамдарға - жүзге дейiнгi, заңды тұлғаларға - бiр мыңға дейiнгi мөлшерiнде айыппұл салуға құқылы.
      Ескерту. 554-1-баппен толықтырылды - ҚР 2003.12.05 N 506, 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

      554-2-бап. Мұнай және газ саласындағы уәкілетті орган

      1. Мұнай және газ саласындағы уәкілетті орган осы Кодекстің 147-11 (бірінші – алтыншы, сегізінші бөліктерінде), 357-2 (бірінші бөлігінде) – баптарында көзделген әкімшілік құқық бұзушылықтар туралы істерді қарайды.
      2. Мұнай және газ саласындағы уәкілетті орган ведомствосының лауазымды адамдары әкімшілік құқық бұзушылықтар туралы істерді қарауға және әкімшілік жаза қолдануға құқылы.
      Ескерту. Кодекс 554-2-баппен толықтырылды - ҚР 03.07.2013 № 121-V Конституциялық заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      555-бап. Кеден органдары

      Ескерту. 555-бап алып тасталды - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      556-бап. Қазақстан Республикасы Қорғаныс министрлiгiнiң
                органдары

      1. Қазақстан Республикасы Қорғаныс министрлігінiң органдары осы Кодекстiң:
      1) Қазақстан Республикасы Қарулы Күштерінің көлік құралдары жүргізушілеріне (әскери қызметшiлерге және жиындарға шақырылған әскери мiндеттiлерге) қатысты 461 (бірiншi – үшінші, төртiншi – сегізінші бөлiктерiнде), 461-1, 462, 463, 463-1, 463-2, 463-3 (бірінші, екінші, төртінші және бесінші бөліктерінде), 463-4, 463-5, 463-6, 463-7, 463-8, 464, 466 (бірiншi бөлiгiнде), 468 (үшінші бөлігінде), 470, 471 (үшінші, он екінші және он үшінші бөліктерінде), 472, 473 (бірінші және екінші бөлiктерiнде), 474, 475 (бірiншi және екiншi бөлiктерiнде), 476, 477 (бірінші, екінші және төртінші бөліктерінде), 483;
      2) 503505 – 512-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қазақстан Республикасы Қорғаныс министрлігі органдарының атынан әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкімшілік жаза қолдануға:
      1) осы Кодекстiң 503, 505 – 512-баптарында көзделген әкiмшiлiк құқық бұзушылықтар үшiн – жергілікті әскери басқару органдарының бастықтары;
      2) осы Кодекстiң 476-бабында көзделген әкімшілік құқық бұзушылықтар үшін (Қазақстан Республикасы Қарулы Күштерінің көлік құралдарын басқаратын адамдарға) ескерту түрінде – белгіленген тәртіппен әскери автомобиль полициясының штаттағы және штаттан тыс инспекторлары болып тағайындалған әскери полицияның лауазымды адамдары құқылы.
      3. Қазақстан Республикасы Қарулы Күштерiнiң көлiк құралдары жүргiзушiлері – әскери қызметшiлер мен жиындарға шақырылған әскери мiндеттiлер жасаған, сол үшін Қазақстан Республикасының Қорғаныс министрлігі белгiлеген тәртiппен әкiмшiлiк жаза ретiнде айыппұл көзделген бұзушылықтар туралы материалдарды әскери полиция кiнәлiлерді Қазақстан Республикасы Қарулы Күштерiнiң, басқа да әскерлері мен әскери құралымдарының тәртiптiк жарғысы бойынша жауаптылыққа тарту туралы мәселені шешу үшiн тиiстi командирлерге (бастықтарға) бередi.
      Қазақстан Республикасы Қарулы Күштерiнiң көлiк құралдары жүргiзушiлері – әскери қызметшiлер мен жиындарға шақырылған әскери мiндеттiлер жасаған, сол үшін көлiк құралын басқару құқығынан айыру не әкімшілік қамақ түрiнде әкiмшiлiк жаза қолданылуы мүмкiн бұзушылықтар туралы хаттамаларды әскери полиция сотқа жiберу үшiн жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті органға Қазақстан Республикасының Қорғаныс министрлігі Iшкi iстер министрлігімен бірлесiп белгiлеген тәртiппен бередi.
      Әскери қызметшiлер мен жиындарға шақырылған әскери мiндеттiлерден басқа, Қазақстан Республикасы Қарулы Күштерiнiң көлiк құралдары жүргiзушiлері жасаған, сол үшін айыппұл, көлiк құралын басқару құқығынан айыру, әкімшілік қамақ түрiнде әкiмшiлiк жазалар қолданылуы мүмкiн бұзушылықтар туралы хаттамаларды әскери полиция қарау не сотқа жiберу үшiн жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті органға Қазақстан Республикасының Қорғаныс министрлігі Iшкi iстер министрлігімен бірлесiп белгiлеген тәртiппен бередi.
      Ескерту. 556-бап жаңа редакцияда - ҚР 17.04.2014 № 195-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      557-бап. Мемлекеттiк санитариялық-эпидемиологиялық
              қадағалауды жүзеге асыратын органдар

      1. Мемлекеттiк санитариялық-эпидемиологиялық қадағалауды жүзеге асыратын органдар осы Кодекстiң 89, 140 (бiрiншi бөлiгiнде), 161 (бiрiншi бөлiгiнде), 164, 220, 221, 236, 239, 240, 242, 244, 248, 249, 261, 270, 272, 275, 276, 277 (екiншi бөлiгiнде), 281-1, 294, 304 (бiрiншi бөлiгiнде), 310, 323 (бiрiншi бөлiгiнде), 333, 357-2 (бiрiншi бөлiгiнде), 387, 477 (бiрiншi, екiншi бөлiктерiнде), 494 (бiрiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қазақстан Республикасының Мемлекеттiк бас санитариялық дәрiгерi мен оның орынбасарлары, облыстардың, қалалардың, аудандардың мемлекеттiк бас санитариялық дәрiгерлерi мен олардың орынбасарлары, көлiктегi мемлекеттiк бас санитариялық дәрiгерлер мен олардың орынбасарлары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға құқылы.
      Ескерту. 557-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2009.07.10. N 180-IV , 2009.07.17. N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      557-1-бап. Дәрілік заттар, медициналық мақсаттағы
                 бұйымдар мен медициналық техника айналымы
                 саласындағы мемлекеттік орган

      1. Дәрілік заттар, медициналық мақсаттағы бұйымдар мен медициналық техника айналымы саласындағы мемлекеттік орган және оның аумақтық бөлімшелері осы Кодекстің 324-бабының бірінші бөлігінде, 357-2-бабының бірінші бөлігінде көзделген әкімшілік құқық бұзушылық туралы істерді өз құзыреті шегінде қарайды.
      2. Дәрілік заттар, медициналық мақсаттағы бұйымдар мен медициналық техника айналымы саласындағы мемлекеттік органның басшысы, оның орынбасарлары, аумақтық бөлімшелердің басшылары мен олардың орынбасарлары әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға құқылы.
      Ескерту. 557-1-баппен толықтырылды - Қазақстан Республикасының 2004.05.06. N 551 , өзгерту енгізілді - 2009.07.16. N 186-IV Заңдарымен.

      557-2-бап. Медициналық қызмет көрсетулер саласындағы
                 бақылау жөнiндегi мемлекеттiк орган

      1. Медициналық қызмет көрсетулер саласындағы бақылау жөнiндегi мемлекеттiк орган және оның аумақтық бөлiмшелерi өз құзыретi шегiнде осы Кодекстiң 85 (бірінші, екінші және үшінші бөліктері), 85-1 (бірінші бөлігі), 85-2 (бірінші бөлігі), 322 (бірінші және екінші бөліктері), 325 - баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Медициналық қызмет көрсетулер саласындағы бақылау жөнiндегi мемлекеттiк органның басшысы және оның аумақтық бөлiмшелерiнiң басшылары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға құқылы.
      Ескерту. 557-2-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгерту енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.16. N 186-IV Заңдарымен.

      558-бап. Қазақстан Республикасы Қорғаныс министрлiгiнiң,
                Iшкi iстер министрлiгiнің және Ұлттық
                қауiпсiздiк комитетiнiң, Қазақстан Республикасы
                Iшкi iстер министрлiгi Қылмыстық-атқару жүйесi
                комитетiнiң санитариялық қадағалауды жүзеге
                асыратын медициналық қызметтерi

      Қазақстан Республикасы Қорғаныс министрлiгiнiң, Iшкi iстер министрлiгiнiң және Ұлттық қауiпсiздiк комитетiнiң, Қазақстан Республикасы Ішкі істер министрлiгi Қылмыстық-атқару жүйесi комитетiнiң санитариялық қадағалауды жүзеге асыратын медициналық қызметтерi Қазақстан Республикасы Қорғаныс министрлiгiнiң әскери қалалары мен оқу орталықтарының аумақтарында орналасқан объектiлерде және Қазақстан Республикасының Iшкi iстер министрлiгi мен Ұлттық қауiпсiздiк комитетiне, Қазақстан Республикасы Iшкi iстер министрлiгiнiң Қылмыстық-атқару жүйесi комитетiне ведомстволық бағынысты объектiлерде санитариялық-гигиеналық және санитариялық-эпидемияға қарсы қағидаларды бұзу туралы осы Кодекстiң 323-бабында (бірінші бөлігінде) көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      Ескерту. 58-бап жаңа редакцияда - ҚР 2012.01.18 N 547-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      559-бап. Ветеринария саласындағы уәкiлеттi орган

      1. Ветеринария саласындағы уәкiлеттi органның лауазымды адамдары осы Кодекстiң 310-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Осы Кодекстiң 310-бабына сәйкес әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      1) Қазақстан Республикасының Бас мемлекеттік ветеринариялық-санитариялық инспекторы мен оның орынбасарлары;
      2) ветеринариялық бақылау бекеттеріндегі мемлекеттік ветеринариялық-санитариялық инспекторлар;
      3) облыстардың, республикалық маңызы бар қалалардың, астананың бас мемлекеттік ветеринариялық-санитариялық инспекторлары және олардың орынбасарлары;
      4) облыстардың, республикалық маңызы бар қалалардың, астананың мемлекеттік ветеринариялық-санитариялық инспекторлары;
      5) аудандардың, облыстық маңызы бар қалалардың бас мемлекеттік ветеринариялық-санитариялық инспекторлары және олардың орынбасарлары, мемлекеттік ветеринариялық-санитариялық инспекторлары құқылы.
      3. Ветеринария саласындағы уәкілетті органның лауазымды адамдары:
      1) өткiзу орындарында – жануарларды, жануарлардан алынатын өнімдер мен шикiзатты өткізу кезінде ветеринариялық (ветеринариялық-санитариялық) қағидалардың бұзылғаны үшiн;
      2) темiржол, су және әуе көлiгiнде, жолдарда және мал айдайтын күре жолдарда – Қазақстан Республикасының аумағында орны ауыстырылатын (тасымалданатын), мемлекеттік ветеринариялық-санитариялық бақылауға және қадағалауға жататын объектілерді тасымалдауды (орнын ауыстыруды) жүзеге асыру кезінде, сондай-ақ мал айдау кезінде ветеринариялық (ветеринариялық-санитариялық) қағидалардың бұзылғаны үшiн;
      3) мемлекеттiк шекарада – Қазақстан Республикасының аумағын басқа мемлекеттерден жануарлардың жұқпалы және экзотикалық ауруларының әкелінуі мен таралуынан қорғау бөлігiнде ветеринариялық (ветеринариялық-санитариялық) қағидалардың бұзылғаны үшiн айыппұлды сол жерде ала алады.
      Ескерту. 559-бап жаңа редакцияда - ҚР 17.01.2014 № 165-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      559-1-бап. Асыл тұқымды мал шаруашылығы саласындағы
                  уәкілетті орган

      1. Асыл тұқымды мал шаруашылығы саласындағы уәкілетті органның лауазымды адамдары осы Кодекстің 310-1-бабында (бірінші бөлігінде) көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Қазақстан Республикасының асыл тұқымды мал шаруашылығы жөніндегі Бас мемлекеттік инспекторы, Қазақстан Республикасының асыл тұқымды мал шаруашылығы жөніндегі Бас мемлекеттік инспекторының орынбасары, облыстардың, республикалық маңызы бар қалалардың, астананың асыл тұқымды мал шаруашылығы жөніндегі Бас мемлекеттік инспекторлары және олардың орынбасарлары, аудандардың, облыстық маңызы бар қалалардың асыл тұқымды мал шаруашылығы жөніндегі мемлекеттік инспекторлары әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға құқылы.
      Ескерту. Кодекс 559-1-баппен толықтырылды - ҚР 2012.01.12 N 540-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      560-бап. Өсiмдiктер карантинi жөнiндегi уәкiлеттi орган

      1. Өсімдіктер карантині жөніндегі уәкілетті орган мен оның жергілікті жерлердегі органдары осы Кодекстің 307-бабында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      Қазақстан Республикасының өсімдіктер карантині жөніндегі бас мемлекеттік инспекторы және оның орынбасары жеке тұлғаларға - айлық есептік көрсеткіштің беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - қырыққа дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүзге дейінгі мөлшерінде айыппұл салуға;
      өсімдіктер карантині жөніндегі бас мемлекеттік инспекторлар, өсімдік карантині жөніндегі облыстық және қалалық қызметтердің мемлекеттік инспекторлары жеке тұлғаларға - айлық есептік көрсеткіштің беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - отыз беске дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға сексенге дейінгі мөлшерінде айыппұл салуға;
      өсімдіктер карантині жөніндегі қалалық, аудандық қызметтердің, шекаралық пункттер мен бекеттердің мемлекеттік инспекторлары жеке тұлғаларға - айлық есептік көрсеткіштің беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - отызға дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жетпіске дейінгі мөлшерінде айыппұл салуға құқылы.
      Ескерту. 560-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      560-1-бап. Астық нарығын реттеу саласындағы уәкілетті
                орган

      Ескерту. Тақырып жаңа редакцияда - ҚР 13.06.2013 N 102-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Астық нарығын реттеу саласындағы уәкілетті орган және оның аумақтық органдары осы Кодекстің 186309-1 (екінші, үшінші, төртінші бөліктерінде), 357-2 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға аумақтық органдардың бастықтары мен олардың орынбасарлары құқылы.
      Ескерту. 560-1-баппен толықтырылды - ҚР 2003.12.05 N 506, өзгерту енгізілді - 2006.01.20 N 123, 2007.07.21 N 299, 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.12.11  N 229-IV(қолданысқа енгізілу тәртібін 2-б. қараңыз), 13.06.2013 N 102-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      560-2-бап. Өсімдіктерді қорғау саласындағы уәкілетті
                  орган

     1. Өсімдіктерді қорғау саласындағы уәкілетті орган мен оның жергілікті жерлердегі бөлімшелері осы Кодекстің 220, 294, 309-3, 357-2 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      Қазақстан Республикасының өсімдіктерді қорғау жөніндегі бас мемлекеттік инспекторы жеке тұлғаларға - айлық есептік көрсеткіштің жиырмаға дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жүзге дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүзге дейінгі мөлшерінде айыппұл салуға;
      тиісті әкімшілік-аумақтық бірліктердің өсімдіктерді қорғау жөніндегі бас мемлекеттік инспекторлары жеке тұлғаларға - айлық есептік көрсеткіштің он беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - сексенге дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз жетпіске дейінгі мөлшерінде айыппұл салуға;
      өсімдіктерді қорғау жөніндегі мемлекеттік инспекторлар жеке тұлғаларға - айлық есептік көрсеткіштің он беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға - жетпіс беске дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға жүз елуге дейінгі мөлшерінде айыппұл салуға құқылы.
      Ескерту. 560-2-бап жаңа редакцияда - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      561-бап. Су қорын пайдалану және қорғау саласындағы
                уәкiлеттi органдар

      РҚАО-ның ескертпесі!
      Бірінші бөлікке 01.01.2015 бастап өзгеріс енгізу көзделген - ҚР 11.04.2014 N 189-V Заңымен (қолданысқа енгізілу тәртібін 2-баптан қараңыз).
      1. Су қорын пайдалану және қорғау саласындағы уәкілетті органдар осы Кодекстің 121, 124 (екінші бөлігінде), 276, 277, 278 (екінші бөлігінде), 279-281, 281-2-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      Суды пайдалануды реттеу және суды қорғау жөніндегі бас мемлекеттік инспектор және оның орынбасарлары, суды пайдалануды реттеу және суды қорғау жөніндегі бас мемлекеттік бассейндік (аумақтық) инспекторлары және олардың орынбасарлары жеке тұлғаларға - айлық есептік көрсеткіштің он беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - жетпіске дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға үш жүзге дейінгі мөлшерінде айыппұл салуға;
      суды пайдалануды реттеу және суды қорғау жөніндегі аға мемлекеттік инспекторлар жеке тұлғаларға - айлық есептік көрсеткіштің он беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - алпыс беске дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз жетпіске дейінгі мөлшерінде айыппұл салуға;
      суды пайдалануды реттеу және суды қорғау жөніндегі мемлекеттік инспекторлар жеке тұлғаларға - айлық есептік көрсеткіштің он беске дейінгі, лауазымды адамдарға, дара кәсіпкерлерге, шағын немесе орта кәсіпкерлік субъектілері немесе коммерциялық емес ұйымдар болып табылатын заңды тұлғаларға - алпысқа дейінгі, ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға екі жүз алпысқа дейінгі мөлшерінде айыппұл салуға құқылы.
      Ескерту. 561-бап жаңа редакцияда - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.10. N 180-IV Заңдарымен.

      562-бап. Орман, балық және аңшылық шаруашылығы
               саласындағы уәкiлеттi органдар

      1. Орман, балық және аңшылық шаруашылығы саласындағы уәкiлеттi органдар осы Кодекстiң 121, 125, 126, 250, 252, 282, 283 (екiншi бөлiгiнде), 284-297, 298 (бiрiншi бөлiгiнде), 298-1 (бiрiншi және үшiншi бөлiктерiнде), 299, 300, 304 (бiрiншi бөлiгiнде), 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 357-2 (бірінші бөлігінде) - баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды. 
      2. Орман, балық және аңшылық шаруашылығы саласындағы органдардың атынан әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
      1) осы Кодекстiң 121, 125, 126, 250, 252, 282, 283 (екiншi бөлiгiнде), 284-297, 298 (бiрiншi бөлiгiнде), 298-1 (бiрiншi және үшiншi бөлiктерiнде), 299, 300, 304 (бiрiншi бөлiгiнде), 305 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 357-2 (бірінші бөлігінде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн - Қазақстан Республикасының орман, балық және аңшылық шаруашылығы саласындағы уәкiлеттi органдары мен олардың аумақтық органдарының лауазымды адамдары;
      2) осы Кодекстiң 121, 250, 252, 282, 283 (екiншi бөлiгінде), 284-291, 294, 296, 297, 298 (бiрiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн - орман шаруашылығы мемлекеттік мекемелерінің басшылары, басшыларының орынбасарлары;
      2-1) осы Кодекстің 121, 250, 252, 282, 283 (екінші бөлігінде), 284-291, 294, 296, 297, 298 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық үшін - облыстық атқарушы органдардың орман және аңшылық шаруашылығы құрылымдық бөлімшелерінің лауазымды адамдары;
      3) осы Кодекстiң 121, 126, 250, 252, 283 (екiншi бөлiгiнде), 284 (үшiншi бөлiгiнде), 285 (екiншi бөлiгiнде), 286 (екiншi бөлiгiнде), 287 (төртiншi бөлiгiнде), 289 (төртiншi бөлiгiнде), 290 (екiншi бөлiгiнде), 291 (екiншi бөлiгiнде), 294 (екiншi бөлiгiнде),  296-1, 297, 298 (бiрiншi бөлiгiнде), 298-1 (бiрiншi және үшiншi бөлiктерiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн - мемлекеттiк мекеменiң ұйымдық-құқықтық нысанында құрылған ерекше қорғалатын табиғи аумақтары күзет қызметiнiң басшылары, басшыларының орынбасарлары, бастықтары құқылы.
      Ескерту. 562-бап жаңа редакцияда - Қазақстан Республикасының 2003.12.05. N 506 , өзгерту енгізілді - 2006.01.10. N 116 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       563-бап. Жердi пайдалану мен қорғауға мемлекеттiк
                бақылауды жүзеге асыратын органдар

      1. Жер ресурстарын басқару жөнiндегi орталық уәкiлеттi орган осы Кодекстiң 120, 256, 257, 258-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      Облыстың, республикалық маңызы бар қаланың, астананың жергілікті атқарушы органдарының жердiң пайдаланылуы мен қорғалуын бақылау жөнiндегi уәкiлеттi органы осы Кодекстiң 118, 121, 250, 251, 252, 253, 254, 255, 256-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
      1) Қазақстан Республикасының жерді пайдалану және қорғау жөніндегі бас мемлекеттiк инспекторы – жеке тұлғаларға айлық есептiк көрсеткiштiң жетпіс беске дейінгі, лауазымды адамдарға, шағын немесе орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз елуге дейiнгi, iрi кәсiпкерлiк субъектiлерiне – жеті жүзге дейінгі мөлшерiнде айыппұл салуға;
      2) тиiстi әкiмшiлiк-аумақтық бiрлiктердiң жерді пайдалану және қорғау жөнiндегi бас мемлекеттiк инспекторлары – жеке тұлғаларға айлық есептiк көрсеткiштiң жетпіс беске дейінгі, лауазымды адамдарға, шағын немесе орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз елуге дейінгі, iрi кәсiпкерлiк субъектiлерiне – жеті жүзге дейінгі мөлшерiнде айыппұл салуға;
      3) жерді пайдалану және қорғау жөнiндегi мемлекеттiк инспекторлар – жеке тұлғаларға айлық есептiк көрсеткiштiң елуге дейінгі, лауазымды адамдарға, шағын немесе орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүзге дейінгі, iрi кәсiпкерлiк субъектiлерiне – үш жүзге дейінгі мөлшерiнде айыппұл салуға құқылы.
      Ескерту. 563-бап жаңа редакцияда - ҚР 29.09.2014 N 239-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      563-1-бап. Инвестициялар жөнiндегi уәкiлеттi орган

      1. Инвестициялар жөнiндегi уәкiлеттi орган осы Кодекстiң 134-1-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға инвестициялар жөнiндегi уәкiлеттi органның басшысы мен оның орынбасарлары құқылы.
      Ескерту. 563-1-баппен толықтырылды - Қазақстан Республикасының 2005 жылғы 4 мамырдағы N 48 Заңымен.

      563-2-бап. Геодезия және картография саласындағы
                  мемлекеттік бақылауды жүзеге асыратын органдар

      1. Геодезия және картография саласындағы уәкiлеттi орган осы Кодекстiң 121 (екінші бөлігінде), 258-1-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға геодезия және картография саласындағы орталық уәкілетті орган ведомствосының басшысы және оның орынбасарлары құқылы.
      Ескерту. 32-тарау 563-2-баппен толықтырылды - ҚР 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; жаңа редакцияда - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      564-бап. <*>

      Ескерту. 564-бап алып тасталды - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

      565-бап. Монополияға қарсы орган

      1. Монополияға қарсы орган осы Кодекстiң 147-1 (бірінші бөлігінде), 147-2, 147-3,  147-4, 163-5-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Монополияға қарсы органның басшысы мен оның орынбасарлары, сондай-ақ монополияға қарсы органның аумақтық бөлiмшелерiнiң басшылары мен олардың орынбасарлары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға құқылы.
      Ескерту. 565-бап жаңа редакцияда - ҚР 2006.07.07 N 174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), өзгерістер енгізілді - 2008.12.25 N 113-IV (01.01.2009 бастап қолданысқа енгізіледі), 2011.01.26 № 400-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі); 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      565-1-бап. Табиғи монополиялар салаларындағы және
                   реттелетін нарықтардағы басшылықты жүзеге
                   асыратын уәкiлеттi орган

      РҚАО-ның ескертпесі!
      1-бөлікке өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2017.01.01 бастап қолданысқа енгізіледі) Заңымен.
      1. Табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкiлеттi орган осы  Кодекстiң 147-5, 147-6 (бірінші, екінші және үшінші бөліктерінде), 147-7, 147-8, 147-9, 186, 357-2 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкiлеттi органның басшысы мен оның орынбасарлары, сондай-ақ табиғи монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын уәкiлеттi органның аумақтық органдарының басшылары мен олардың орынбасарлары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға құқылы.
      Ескерту. 565-1-баппен толықтырылды - Қазақстан Республикасының 2006.07.07. N 174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), өзгеріс енгізілді - 2008.12.29 N 116-IV (2009 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      565-2-бап. Мемлекеттiк монополия саласына жатқызылған
                 қызметтi бақылауды және реттеудi жүзеге
                 асыратын уәкiлеттi орган

      Ескерту. 562-2-бап алып тасталды - ҚР 06.03.2013 N 81-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi).

       566-бап. Техникалық реттеу және өлшем бiрлiгiн
                қамтамасыз ету саласында мемлекеттiк бақылауды
                жүзеге асыратын органдар

      1. Техникалық реттеу және өлшем бiрлiгiн қамтамасыз ету саласындағы мемлекеттiк бақылауды жүзеге асыратын органдар осы Кодекстiң 161 (бiрiншi бөлiгiнде), 164, 219-9, 317 (бірінші бөлігінде), 317-4 (бірінші бөлігінде), 357-2 (бiрiншi бөлiгiнде), 496 (бiрiншi бөлiгiнде) – баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қазақстан Республикасының мемлекеттік бақылау және қадағалау жөніндегі мемлекеттік бас инспекторы мен оның орынбасарлары, сондай-ақ облыстар мен қалалардың мемлекеттік бақылау және қадағалау жөніндегі мемлекеттік бас инспекторлары мен олардың орынбасарлары әкімшілік жазалар қолдануға құқылы.
      Ескерту. 566-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.06.28. N 24-V (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі), 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       567-бап. Ауылшаруашылық техникасын тiркеу жөнiндегi
               уәкiлеттi орган

      1. Ауылшаруашылық техникасын тiркеу жөнiндегi уәкiлеттi орган осы Кодекстiң 461-бабының (бiрiншi, екiншi және төртiншi бөлiктерiнде) (тракторлар, өздiгiнен жүретiн ауылшаруашылық, мелиорациялық және жол-құрылыс машиналары жүргiзушiлерiнiң жасаған құқық бұзушылығы бөлiгiнде), ауылшаруашылық техникасын, тракторларды, өзге де өздiгiнен жүретiн машиналар мен жабдықтарды тiркеу жөнiндегi қадағалаушы уәкiлеттi органдарға қатысты бөлiгiнде 470, 474, 475, 483-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Ауылшаруашылық техникасын тiркеу жөнiндегi аудандық және облыстық уәкiлеттi органдардың инженер-инспекторлары ауылшаруашылық техникасын тiркеу жөнiндегi уәкiлеттi органның атынан әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға құқылы.
      Ескерту. 567-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      567-1-бап. Өсімдік шаруашылығы саласындағы уәкілетті
                  мемлекеттік орган

      Ескерту. 567-1-бап алып тасталды - ҚР 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      568-бап. Объектілерді салу сапасына мемлекеттік
               сәулет-құрылыс бақылауын және қадағалауын жүзеге
                 асыратын органдар

      Ескерту. Тақырыбына өзгерту енгізілді - ҚР 2011.01.06 N 378-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Объектiлердi салу сапасына мемлекеттiк сәулет-құрылыс бақылауын және қадағалауын жүзеге асыратын органдар осы Кодекстiң 230, 231 (бiрiншi бөлiгiнде), 234, 235 (бiрiншi бөлiгiнде), 235-1 (бiрiншi, екінші және үшінші бөлiктерінде), 236, 237-2, 238, 239, 278 (екiншi бөлiгiнде), 291, 357-2 (бiрiншi бөлiгiнде), 387, 499-баптарында көзделген әкiмшiлiк құқық бұзушылықтар туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға Қазақстан Республикасының Бас мемлекеттік құрылыс инспекторы және оның орынбасарлары, сондай-ақ облыстардың, республикалық маңызы бар қалалардың, астананың бас мемлекеттік құрылыс инспекторлары құқылы.
     Ескерту. 568-бап жаңа редакцияда - ҚР 2003.12.05 N 506, 2005.10.21 N 80, өзгеріс енгізілді - 2006.01.10 N 116(2006.01.01 бастап қолданысқа енгізіледі), 2006.01.20 N 123(2006.01.01 бастап қолданысқа енгізілді), 2007.07.21 N 307, 2011.01.06 N 378-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      568-1-бап. Сәулет, қала құрылысы және құрылыс істері
                  жөніндегі уәкілетті мемлекеттік орган

      1. Сәулет, қала құрылысы және құрылыс істері жөніндегі уәкілетті мемлекеттік орган осы Кодекстiң 231, 236 және 239-1-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға сәулет, қала құрылысы және құрылыс істері жөніндегі орталық уәкілетті мемлекеттік орган ведомствосының басшысы және оның орынбасарлары құқылы.
      Ескерту. 32-тарау 568-1-баппен толықтырылды - ҚР 29.09.2014 N 239-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      569-бап. Мемлекеттік статистика саласындағы уәкілетті
                орган

      1. Мемлекеттік статистика саласындағы уәкілетті орган осы Кодекстің 381, 381-2, 382, 383, 384 және 384-1-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Мемлекеттік статистика саласындағы уәкілетті органның аумақтық органдарының басшылары мен олардың орынбасарлары әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазаларды қолдануға құқылы.
      Ескерту. 569-бап жаңа редакцияда - ҚР 2010.03.19 № 258-IV Заңымен.

      570-бап. Салық қызметi органдары

      Ескерту. 570-бап алып тасталды - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      570-1-бап. Сыбайлас жемқорлыққа қарсы қызмет

      1. Сыбайлас жемқорлыққа қарсы қызмет осы Кодекстің 358-1, 359, 360 және 361-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Сыбайлас жемқорлыққа қарсы қызметтің басшысы мен оның орынбасарлары, облыстар, республикалық маңызы бар қалалар бойынша, Қазақстан Республикасы астанасының, өңіраралық, аудандық, қалалық, қалалардағы аудандық сыбайлас жемқорлыққа қарсы қызметтің және сыбайлас жемқорлыққа қарсы қызметтің арнаулы бөлiмшелерiнiң басшылары мен олардың орынбасарлары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға құқылы.
      Ескерту. 570-1-баппен толықтырылды - ҚР 2001.07.12 N 240 Заңымен, жаңа редакцияда - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      570-2-бап. Мемлекеттік кіріс органдары

      1. Мемлекеттік кіріс органдары осы Кодекстiң 88 (үшінші, төртінші және бесінші бөліктерінде), 88-1 (екінші, 2-1 және үшінші бөліктерінде), 140 (бірінші бөлігінде), 141, 155-1, 155-3, 155-4, 155-5, 161-1, 161-2, 163 (бірінші, екінші, бесінші және он екінші бөліктерінде), 164, 166, 169-1, 176 (бірінші бөлігінде), 205, 205-1, 205-2, 206, 206-1, 207, 208, 210, 211, 213 (бірінші, екінші және үшінші бөліктерінде), 215, 216, 217, 218, 218-1, 219, 357-2 (бірінші бөлігінде), 358, 358-1, 360, 400, 401, 402, 403, 404, 405 (екінші және үшінші бөліктерінде), 406, 407, 409-1, 411, 412, 425, 431, 434, 434-1, 435, 438, 438-1-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Мемлекеттік кіріс органдары, осы тармақта аталған әкімшілік құқық бұзушылықтар Қазақстан Республикасының Мемлекеттік шекарасы арқылы автомобиль өткізу пункттерінде жасалса, осы Кодекстiң 175 (екінші бөлігінде), 220, 240 (бірінші бөлігінде), 247, 294 (бірінші бөлігінде), 323 (бірінші бөлігінде), 447 (екінші және үшінші бөліктерінде), 447-1 (бірінші бөлігінде), 447-2, 447-3, 460 (автомобиль көлігіндегі әкімшілік құқық бұзушылықтар бойынша), 461 (бірінші, екінші, төртінші, бесінші, алтыншы, 6-1 және сегізінші бөліктерінде), 463 (екінші, үшінші және 3-1-бөліктерінде), 467-1, 470 (үшінші бөлігінде), 477 (төртінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      3. Мемлекеттік кіріс органының басшысы мен оның орынбасарлары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға құқылы.
      Ескерту. 32-тарау 570-2-баппен толықтырылды - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      571-бап. Қазақстан Республикасы Қаржы министрлiгiнiң
               органдары

      1. Қазақстан Республикасы Қаржы министрлiгiнiң органдары осы Кодекстiң 176 (екiншi бөлiгiнде), 177, 178, 179-2, 184-2, 186, 204, 357-2 (бiрiншi бөлiгiнде) баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
      1) (алып тасталды)
      2) осы Кодекстiң 176 (екiншi бөлiгінде), 177, 178, 179-2,  184-2, 186, 204, 357-2 (бiрiншi бөлiгiнде) баптарында көзделген әкiмшiлiк құқық бұзушылық үшiн - мемлекеттiк қаржылық бақылау және мемлекеттiк сатып алу саласындағы уәкiлеттi мемлекеттiк органның басшысы мен оның орынбасарлары, аумақтық органдардың басшылары; аудиторлық қызмет саласындағы реттеуді жүзеге асыратын уәкілетті мемлекеттік органның басшысы құқылы.
      3) (алынып тасталды)
       Ескерту. 571-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2005.10.21. N 80 , 2006.01.20.  N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізіледі),  2006.05.05. N 139 , 2006.07.05. N 165 (қолданысқа енгізілу тәртібін  2-баптан қараңыз), 2006.07.07. N 171 (қолданысқа енгізілу тәртібін  2-баптан қараңыз), 2007 жылғы 28 ақпандағы N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.27. N 315 , 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.02.20. N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      571-1-бап. Ішкі бақылау жөніндегі орталық уәкілетті орган

      1. Ішкі бақылау жөніндегі орталық уәкілетті орган осы Кодекстің 167, 167-2-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға ішкі бақылау жөніндегі орталық уәкілетті органның басшысы мен оның орынбасарлары, аумақтық бөлімшелердің басшылары құқылы.
      Ескерту. 571-1-бап жаңа редакцияда - ҚР 2007.07.21 N 304 (01.01.2008 бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 04.07.2013 № 131-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      571-2-бап. Банкроттық саласында мемлекеттік реттеуді
                  жүзеге асыратын уәкілетті орган

      Ескерту. 571-2-бап алып тасталды - ҚР 07.03.2014 N 177-V Заңымен (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      572-бап. Қазақстан Республикасы Ұлттық Банкiнiң
                органдары

      1. Қазақстан Республикасы Ұлттық Банкiнiң органдары осы Кодекстiң 166-1, 168, 168-2 (төртінші, тоғызыншы және оныншы бөліктерінде), 168-6, 168-7, 169, 169-2, 172-2 (бiрiншi және екінші бөлiктерiнде), 179 (үшінші және төртінші бөлiктерiнде), 180, 182, 188 (бiрiншi және үшiншi бөлiктерiнде), 188-1, 218, 357-2 (бiрiншi бөлiгiнде) баптарында, сондай-ақ жиналуы олардың құзыретiне кiретiн алғашқы статистикалық деректер бөлігінде 381-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қазақстан Республикасы Ұлттық Банкiнiң Төрағасы, оның орынбасарлары, аумақтық филиалдардың басшылары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға құқылы.
      3. Қазақстан Республикасы Ұлттық Банкi органдарының, сондай-ақ оның әкiмшiлiк құқық бұзушылық жасалғандығы туралы хаттама жасауға құқығы бар қызметкерлерiнiң өкiлеттiктерi осы Кодекске сәйкес айқындалады.
      Ескерту. 572-бапқа өзгеріс енгізілді - ҚР 2003.03.28 N 398, 2003.07.10 N 483 (2004 жылғы 1 қаңтардан бастап күшіне енеді), 2003.12.05 N 506, 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2007.02.19 N 230 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2009.07.04 N 167-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2010.03.19 № 258-IV, 2011.07.21 № 466-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      573-бап. Қаржы нарығы мен қаржы ұйымдарын бақылау және
                қадағалау жөнiндегi уәкiлеттi орган

      1. Қаржы нарығын және қаржы ұйымдарын бақылау мен қадағалау жөнiндегi уәкiлеттi орган осы Кодекстiң 88 (бірінші, 1-1, 1-2, 2-1, алтыншы және жетінші бөлiктерінде), 158-1, 158-2, 167-1 (бiрiншi бөлiгiнде), 168-2 (бірінші - үшінші, бесінші - егізінші, он бірінші және он екінші бөліктерінде), 168-4, 170, 170-1, 171, 172, 172-1, 172-2 (үшінші – алтыншы бөліктерінде), 173 (бірінші, үшінші – бесінші, жетінші - он бесінші бөліктерінде), 174, 175 (бiрiншi, үшінші және төртінші бөлiктерінде), 175-1, 175-2, 179-3, 191, 193, 194, 194-1, 195, 195-1, 196, 196-1, 197-1, 199, 201, 201-1, 218, 357-2 (бiрiншi бөлiгiнде) баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қаржы нарығы мен қаржы ұйымдарын реттеу және қадағалау жөнiндегi уәкiлеттi органның бірінші басшысы және оның орынбасарлары әкімшілік құқық бұзушылық туралы істерді қаруға және әкімшілік айыппұл салуға құқылы.
      Ескерту. 573-бап жаңа редакцияда - ҚР 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      574-бап. Қазақстан Республикасының халықты
               әлеуметтiк қорғау органдары

      1. Қазақстан Республикасының халықты әлеуметтік қорғау органдары осы Кодекстiң 88 (екінші бөлігінде), 88-1 (бiрiншi бөлiгiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Қазақстан Республикасының халықты әлеуметтік қорғау органдарының басшылары, олардың орынбасарлары, аудандық халықты әлеуметтiк қорғау бөлiмдерiнiң бастықтары әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк айыппұл салуға құқылы.
      Ескерту. 574-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.03.13. N 394 , 2003.12.05. N 506 , 2004.04.08. N  542 (2005 жылғы 1 қаңтардан бастап күшіне енеді), 2007.07.27. N 315 , 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

      574-1-бап. <*>

      Ескерту. 574-1-бап алып тасталды - Қазақстан Республикасының 2003.07.10. N 483 (2004 жылғы 1 қаңтардан бастап күшіне енеді) Заңымен .

      575-бап. Қазақстан Республикасы Ұлттық қауіпсіздік
                комитетінің Шекара қызметі

      Ескерту. Тақырып жаңа редакцияда - ҚР 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі осы Кодекстiң 298 (бiрiншi бөлiгiнде), 306 (бiрiншi бөлiгiнде), 389, 390 (бірінші бөлігінде), 391 (бірінші бөлігінде), 391-1 (бірінші бөлігінде), 392, 394 (бiрiншi бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға және Ұлттық қауіпсіздік комитеті Шекара қызметінің атынан әкiмшiлiк жаза қолдануға:
      Қазақстан Республикасы Ұлттық қауіпсіздік комитеті Шекара қызметінің басшысы мен оның орынбасарлары, арнайы бiрлестiктердiң басшылары және олардың орынбасарлары жеке тұлғаларға - ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi, лауазымды адамдарға - елуге дейiнгi, заңды тұлғаларға екi мыңға дейiнгi мөлшерiнде айыппұл салуға;
      шекара отрядтарының бастықтары, шекаралық бақылаудың әскери бөлiмдерiнiң, әскери теңiз бөлiмдерiнiң командирлерi мен олардың орынбасарлары жеке тұлғаларға - ескерту жасауға немесе айлық есептiк көрсеткiштiң онға дейiнгi, лауазымды адамдарға жиырма беске дейiнгi мөлшерiнде айыппұл салуға;
      3. Қазақстан Республикасының континенттiк қайраңындағы әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жаза қолдануға:
      1) Қазақстан Республикасы континенттiк қайраңының минералдық немесе жанды ресурстарын шетелдіктерге немесе шетелдік заңды тұлғаларға не шет мемлекеттерге заңсыз бергенi үшiн;
      Қазақстан Республикасы шекара қызметiнiң басшысы мен оның орынбасарлары, арнайы бiрлестiктердiң басшылары мен олардың орынбасарлары - айлық есептiк көрсеткiштiң екi жүзге дейiнгi мөлшерiнде айыппұл салуға;
      Мемлекеттiк шекараны күзету жөнiндегi мiндеттердi атқаратын шекара корабльдердiң (катерлерiнiң) командирлерi - айлық есептiк көрсеткiштiң бiр жүзге дейiнгi мөлшерiнде айыппұл салуға құқылы.
      2) (алынып тасталды)
      Ескерту. 575-бапқа өзгеріс енгізілді - ҚР 2003.12.05 N 506, 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.03.02. N 131, 2007.07.27. N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2007.12.19. N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      576-бап. Мемлекеттiк құпияларды қорғау органдары

      1. Мемлекеттiк құпияларды қорғау органдары осы Кодекстiң 357-2 (бiрiншi бөлiгiнде), 385, 386 (бiрiншi, екiншi бөлiктерiнде) - баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және белгiленген әкiмшiлiк жазаларды қолдануға:
      Мемлекеттiк құпияларды қорғау жөнiндегi уәкiлеттi органның
басқарма бастығы мен оның орынбасары, Ұлттық қауiпсiздiк комитетiнiң департаментi бастығы мен оның орынбасары лауазымды адамдарға айлық есептiк көрсеткiштiң жиырмаға дейiнгi мөлшерiнде айыппұл салуға;
      Мемлекеттiк құпияларды қорғау жөнiндегi уәкiлеттi органның басшысы мен оның орынбасарлары, Қазақстан Республикасы Ұлттық қауiпсiздiк комитетiнiң Төрағасы мен оның орынбасарлары лауазымды адамдарға айлық есептiк көрсеткiштiң елуге дейiнгi, жеке тұлғаларға жиырмаға дейiнгi, заңды тұлғаларға екi жүзге дейiнгi мөлшерiнде айыппұл салуға құқылы.
      Ескерту. 576-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506, 2006.01.20 N 123 Заңдарымен.

      576-1-бап. Акцизделетiн өнiм өндiрудi және олардың
                  айналымын мемлекеттiк бақылау жөнiндегi
                  органдар

      РҚАО-ның ескертпесі!
      Бірінші бөлікке енгізілген өзгеріс 01.01.2015 дейін қолданыста болады - ҚР 18.06.2014 № 210-V Заңымен.
     1. Акцизделетiн өнiм өндiрудi және олардың айналымына мемлекеттiк бақылау жөнiндегi органдар 163 (бірінші, екінші, бесінші және он екінші бөліктерінде), 213 (бірінші-үшінші бөліктерінде), 357-2-бапта (бiрiншi бөлiгiнде) көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға акцизделетiн өнiм өндiрудi және олардың айналымын мемлекеттiк бақылау жөнiндегi органның басшылары (орынбасарлары) құқылы.
      Ескерту. 576-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506, өзгерту енгізілді - 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі); 18.06.2014 № 210-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      576-2-бап. Қазақстан Республикасы Әдiлет министрлiгi
                 қылмыстық-атқару жүйесiнiң органдары

      Ескерту. Алып тасталды - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      576-3-бап. Қазақстан Республикасының Ұлттық қауiпсiздiк
                 органдары

      Ескерту. Алып тасталды - ҚР 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      576-4-бап. Жергілікті атқарушы органдар

      1. Облыстың жергілікті атқарушы органы осы Кодекстің 173 (екінші және алтыншы бөліктерінде) (өзара сақтандыру қоғамдарының өсімдік шаруашылығында жасаған құқық бұзушылықтары бөлігінде), 175 (екінші бөлігінде) (өсімдік шаруашылығы өнімін өндірушілер жасаған құқық бұзушылықтар бөлігінде), 309-1 (бесінші, алтыншы, тоғызыншы, оныншы бөліктерінде), 309-2 (бірінші – үшінші бөліктерінде), 309-4 (бірінші – жетінші бөліктерінде), 310 (бірінші бөліктің 2) тармақшасын (ветеринариялық препараттар мен жемшөп қоспаларын өндіру жөніндегі ұйымдарда жасалған құқық бұзушылықтар бөлігінде), 3) және 5) тармақшаларын, жетінші және сегізінші бөліктерін қоспағанда), 311-2, 311-3, 357-2 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Республикалық маңызы бар қаланың, астананың жергілікті атқарушы органы осы Кодекстің 173 (екінші және алтыншы бөліктерінде) (өзара сақтандыру қоғамдарының өсімдік шаруашылығында жасаған құқық бұзушылықтары бөлігінде), 175 (екінші бөлігінде) (өсімдік шаруашылығы өнімін өндірушілер жасаған құқық бұзушылықтар бөлігінде), 309-1 (бесінші, алтыншы, тоғызыншы бөліктерінде), 309-2 (бірінші – үшінші бөліктерінде), 309-4 (бірінші – жетінші бөліктерінде), 310 (бірінші бөліктің 2) тармақшасын (ветеринариялық препараттар мен жемшөп қоспаларын өндіру жөніндегі ұйымдарда жасалған құқық бұзушылықтар бөлігінде), 3) және 5) тармақшаларын, жетінші және сегізінші бөліктерін қоспағанда), 311-2, 311-3, 357-2 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      3. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға облыстың, республикалық маңызы бар қаланың, астананың әкімі және оның орынбасарлары құқылы.
      4. Аудандық маңызы бар қалалардың, ауылдардың, кенттердің, ауылдық округтердің әкімдері осы Кодекстің 165, 300, 310 (бірінші бөліктің 2) тармақшасын (ветеринариялық препараттар мен жемшөп қоспаларын өндіру жөніндегі ұйымдарда жасалған құқық бұзушылықтар бөлігінде), 3) және 5) тармақшаларын, жетінші және сегізінші бөліктерін қоспағанда), 311, 311-2, 311-3 және 387-баптарында көзделген, аудандық маңызы бар қалалардың, ауылдардың, кенттердің, ауылдық округтердің аумағында жасалған әкімшілік құқық бұзушылық туралы істерді қарауға және бұзушылықтар үшін әкімшілік жазалар қолдануға құқылы.
      5. Осы Кодекстің 310-бабында (бірінші бөліктің 2) тармақшасын (ветеринариялық препараттар мен жемшөп қоспаларын өндіру жөніндегі ұйымдарда жасалған құқық бұзушылықтар бөлігінде), 3) және 5) тармақшаларын, жетінші және сегізінші бөліктерін қоспағанда) көзделген құқық бұзушылық туралы істерді қарауға және құқық бұзушылықтар жасағаны үшін әкімшілік жазалар қолдануға жергілікті атқарушы органдардың лауазымды адамдары:
      1) облыстың, республикалық маңызы бар қаланың, астананың бас мемлекеттік ветеринариялық дәрігері және оның орынбасарлары;
      2) ауданның, облыстық маңызы бар қаланың бас мемлекеттік ветеринариялық дәрігері және оның орынбасарлары да құқылы.
      Жергілікті атқарушы органдардың лауазымды адамдары өз құзыреті шегінде өткiзу орындарында – жануарларды, жануарлардан алынатын өнім мен шикiзатты өткізу кезінде ветеринариялық (ветеринариялық-санитариялық) қағидалардың бұзылғаны үшiн айыппұлды сол жерде ала алады.
      Ескерту. 576-4-бап жаңа редакцияда - ҚР 29.09.2014 N 239-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).

      576-5-бап. Білім беру саласындағы уәкілетті орган
 
       1. Білім беру саласындағы уәкілетті орган осы Кодекстің 311-1 (бірінші-алтыншы бөліктер), 357-2 (бірінші бөлік) баптарында көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға білім беру саласындағы уәкілетті органның басшысы және оның орынбасарлары, білім беру саласындағы уәкілетті органның аумақтық органдарының басшылары және олардың орынбасарлары құқылы.
      Ескерту. 576-5-баппен толықтырылды - Қазақстан Республикасының 2007.07.27. N 320 (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      576-6-бап. Туристік қызмет саласындағы уәкілетті орган

      1. Туристік қызмет саласындағы уәкілетті орган осы Кодекстің 175 (екінші бөлігінде) (туроператорлар мен турагенттер жасаған құқық бұзушылықтар бөлігінде), 357-2-баптарында (бірінші бөлігінде) көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға туристік қызмет саласындағы уәкілетті органның басшысы мен оның орынбасарлары құқылы.
      Ескерту. 576-6-баппен толықтырылды - ҚР 2008.07.05 N 59-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), өзгеріс енгізілді - 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі) Заңдарымен.

       576-7-бап. Ойын бизнесі саласындағы уәкілетті орган

      1. Ойын бизнесі саласындағы уәкілетті орган 357-2-бапта (бірінші бөлігінде) көзделген әкімшілік құқық бұзушылықтар туралы істерді қарайды.
      2. Ойын бизнесі саласындағы уәкілетті органның басшысы және оның орынбасарлары әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға құқылы.
       Ескерту. 576-7-бабымен толықтырылды - ҚР 2009.05.04. N 157-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңымен.

      576-8-бап. Сауда қызметін реттеу саласындағы уәкілетті
                  орган

      1. Сауда қызметін реттеу саласындағы уәкілетті орган осы Кодекстің 204-1-бабында, 357-2-бабында (бірінші бөлігі) көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Сауда қызметін реттеу саласындағы уәкілетті органның басшысы не оның міндетін атқарушы адам әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жаза қолдануға құқылы.
      Ескерту. 32-тарау 576-8-баппен толықтырылды - ҚР 2009.05.04. N 156-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз, 2009.05.08 жарияланды) Заңымен.

      576-9-бап. Биоотын өндірісі саласындағы уәкілетті орган

      1. Биоотын өндірісі саласындағы уәкілетті орган 147-10-бапта (бірінші, үшінші, сегізінші бөліктерінде) көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      1) биоотын өндірісі саласындағы уәкілетті орган басшысы және оның орынбасарлары;
      2) биоотын өндірісі саласындағы уәкілетті органның аумақтық органдарының басшылары және олардың орынбасарлары құқылы.
      Ескерту. 32-тарау 576-9-баппен толықтырылды - ҚР 2010.11.15 № 352-IV (алғашқы ресми жарияланған күнінен бастап күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      576-10-бап. Биоотын айналымы саласындағы уәкілетті орган

      1. Биоотын айналымы саласындағы уәкілетті орган 147-10-бапта (тоғызыншы бөлігінде) көзделген әкімшілік құқық бұзушылық туралы істерді қарайды.
      2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар қолдануға:
      1) биоотын айналымы саласындағы уәкілетті орган басшысы және оның орынбасарлары;
      2) биоотын айналымы саласындағы уәкілетті органның аумақтық органдарының басшылары және олардың орынбасарлары құқылы.
      Ескерту. 32-тарау 576-10-баппен толықтырылды - ҚР 2010.11.15 № 352-IV (алғашқы ресми жарияланған күнінен бастап күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

4-бөлiм. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IС ЖҮРГIЗУ

33-тарау. НЕГIЗГI ЕРЕЖЕЛЕР

      577-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жүргiзудiң мiндеттерi

      Әкiмшiлiк құқық бұзушылық туралы iс жүргiзудiң мiндеттерi әрбiр iстiң мән-жайын дер кезiнде, жан-жақты, толық және объективтi анықтау, оны осы Кодекске сәйкес шешу, шығарылған қаулының орындалуын қамтамасыз ету, сондай-ақ әкiмшiлiк құқық бұзушылықтың жасалуына ықпал ететiн себептер мен жағдайларды анықтау болып табылады.

      578-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жүргiзудiң тәртiбi

      1. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi судьялар мен органдардың (лауазымды адамдардың) әкiмшiлiк құқық бұзушылық туралы iс жүргiзу тәртiбi осы Кодекспен айқындалады.
      2. Қылмыстық немесе азаматтық iстердi қарау процесiнде соттың әкiмшiлiк жазалар қолдану тәртiбi осы Кодекстiң ережелерiмен және Қазақстан Республикасының Қылмыстық iс жүргiзу кодексi мен Қазақстан Республикасының Азаматтық iс жүргiзу кодексiне сәйкес айқындалады.

      579-бап. Өтiнiш жасау

      1. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қатысушы адамдардың, сол iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) мiндеттi түрде қарауына жататын өтiнiш мәлiмдеуге құқығы бар.
      2. Өтiнiш жазбаша түрде мәлiмденедi және дереу қаралуға тиiс.
      3. Өтiнiштi қанағаттандыру туралы не оны қанағаттандырудан бас тарту туралы шешiм ұйғарым түрiнде шығарылады.

      580-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жүргiзудi болдырмайтын мән-жайлар

      1. Төмендегi мән-жайлардың ең болмағанда бiреуi болған жағдайда әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi бастауға болмайды, ал басталған iс қысқартылуға жатады:
      1) әкiмшiлiк құқық бұзушылық оқиғаларының болмауы;
      2) әкiмшiлiк құқық бұзушылық құрамының болмауы, соның iшiнде әкiмшiлiк жауапқа тарту үшiн жеке адамның құқық бұзушылық жасаған кезде осы Кодексте көзделген жасқа толмауы немесе құқыққа қарсы әрекет жасаған жеке адамның ақыл-есiнiң дұрыс болмауы;
      3) әкiмшiлiк жауаптылықты белгiлейтiн заңның немесе оның жекелеген ережелерiнiң күшi жойылуы;
      4) егер әкiмшiлiк жауаптылықты белгiлейтiн заңды немесе оның жекелеген ережелерiн немесе әрекеттi әкiмшiлiк құқық бұзушылық ретiнде саралау соған байланысты болатын әкiмшiлiк құқық бұзушылық туралы осы iсте қолданылуға жататын өзге де нормативтiк құқықтық актiнi Қазақстан Республикасы Конституциялық Кеңесiнің конституциялық емес деп тануы;
      5) әкiмшiлiк жауапқа тарту мерзiмiнiң өтуi;
      6) әкiмшiлiк жауапқа тартылатын адам жөнiнде сол факт бойынша әкiмшiлiк жаза қолдану туралы судьяның, органның (лауазымды адамның) қаулысының не әкiмшiлiк құқық бұзушылық туралы iстiң қысқартылуы туралы күшi жойылмаған қаулының болуы, сондай-ақ нақ сол факт бойынша қылмыстық iс қозғау туралы қаулының болуы;
      7) iсi жүргiзiлiп отырған жеке адамның қайтыс болуы;
      8) салықтың және бюджетке төленетін басқа да міндетті төлемдердің түсуін қамтамасыз ету саласына басшылықты жүзеге асыратын уәкілетті орган бекіткен бағдарламалық қамтамасыз етуде техникалық қателер туындаған жағдайда салық төлеушінің салықтық міндеттемелерді салық есептілігі нысанын электрондық түрде ұсыну бойынша Қазақстан Республикасының заңнамасында белгіленген мерзімде орындамауына әкеліп соғуы;
      9) Қазақстан Республикасының салық заңнамасында көзделген өзге де жағдайларда;
      10) осы Кодекстің 710-1-бабында белгіленген тәртіппен әкімшілік айыппұлдың төленгенін растайтын құжаттардың болуы;
      11) әкімшілік жауаптылыққа тартылатын адамның заңда белгіленген тәртіппен адам саудасына байланысты қылмыс туралы қылмыстық іс бойынша жәбірленуші болып танылуы.
      2. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзу осы баптың бiрiншi бөлiгiнiң 2) тармақшасында көзделген негiз бойынша және зиян келтiру заңды болып табылғанда немесе осы Кодекстiң 5-тарауына сәйкес әкiмшiлiк жауаптылық жоққа шығарылатын мән-жайларда жасалған ретте қысқартылады.
       Ескерту. 580-бапқа өзгерістер енгізілді - ҚР 2008.12.10 N 101-IV (01.01.2009 бастап қолданысқа енгізіледі), 2012.07.10 N 32-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен; 04.07.2013 № 127-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      581-бап. Әкiмшiлiк жауапқа тартпауға мүмкiндiк
               беретiн мән-жайлар

      Әкiмшiлiк құқық бұзушылық туралы iс жүргiзу осы Кодексте көзделген тәртiппен, 67, 68-баптарда көзделген жағдайларда, сондай-ақ әрекетте қылмыстық заңдарда көзделген қылмыс құрамының белгiлерi болуына байланысты материал прокурорға, алдын ала тергеу немесе анықтау органына берiлген жағдайда қысқартылуы мүмкiн.

      582-бап. Прокурорлық қадағалау

      Қазақстан Республикасы Конституциясының 83-бабына сәйкес әкiмшiлiк құқық бұзушылық туралы iс жүргiзу процесiнде заңдардың дәл және бiркелкi қолданылуын жоғары дәрежеде қадағалауды мемлекет атынан тiкелей де, өзiне бағынысты прокурорлар арқылы да Қазақстан Республикасының Бас Прокуроры жүзеге асырады.

      583-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жүргiзуде прокурордың заңдылықты қамтамасыз
               ету жөнiндегi өкiлеттiгi

      1. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi тексеру нәтижелерi бойынша прокурор:
      1) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға сотқа, өзге де уәкiлеттi органға немесе оның лауазымды адамына наразылық келтiруге;
      2) уәкiлеттi лауазымды адамдар мен органдарға (соттан басқа) қосымша тексеру жүргiзу туралы жазбаша нұсқау беруге;
      3) уәкiлеттi органдардан өздерiнiң бақылауындағы немесе өзiне бағынысты ұйымдарда тексеру жүргiзудi талап етуге;
      4) заңда белгiленген жағдайларда әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қысқартуға;
      5) әкiмшiлiк жаза туралы қаулының орындалуын тоқтата тұруға;
      6) әкiмшiлiк ұстауға заңсыз таратылған адамды босату туралы қаулы шығаруға;
      7) өкiлеттi мемлекеттiк органдардың лауазымды адамдары өздерiнiң мiндеттерiн орындауға байланысты жеке, заңды тұлғалардың және мемлекеттiң құқықтары мен заңды мүдделерiн бұзатын жағдайларда қолданған тыйым салу немесе шектеу сипатындағы кез келген шаралардың алып тасталуы туралы қаулы шығаруға немесе талап қоюға;
      8) әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қозғау туралы қаулы шығаруға құқылы.
      2. Прокурордың осы баптың бiрiншi бөлiгiнiң 6) және 7) тармақшаларында аталған актiлерi дереу орындалуға тиiс. Прокурордың аталған актiлерiнiң орындалуын кiдiртуге кiнәлi лауазымды адамдар заңда белгiленгендей жауапты болады.

34-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IС ЖҮРГIЗУГЕ
ҚАТЫСУШЫЛАР, ОЛАРДЫҢ ҚҰҚЫҚТАРЫ МЕН МIНДЕТТЕРI

      584-бап. Өзi жөнiнде әкiмшiлiк құқық бұзушылық
                туралы iс жүргiзiлiп жатқан адам

      1. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адам хаттамамен және iстiң басқа да материалдарымен танысуға, түсiнiктеме беруге, хаттаманың мазмұны мен ресiмделуi жөнiнде ескертулер жасауға, дәлелдемелер табыс етуге, өтiнiш және қарсылық мәлiмдеуге, қорғаушының заң көмегiн пайдалануға, iс қаралғанда ана тiлiнде немесе өзi бiлетiн тiлде сөйлеуге, егер iс жүргiзiлiп отырған тiлдi бiлмесе, аудармашының қызметiн пайдалануға; iс жүргiзудi қамтамасыз ету шараларының қолданылуына, әкiмшiлiк құқық бұзушылық туралы хаттамаға және iс жөнiндегi қаулыға шағымдануға, одан үзінді алуға және істегі құжаттардың көшірмелерін түсіріп алуға, сондай-ақ өзiне осы Кодексте берiлген өзге де iс жүргiзу құқықтарын пайдалануға құқылы.
      2. Әкiмшiлiк құқық бұзушылық туралы iс өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның қатысуымен қаралады. Аталған адамға iстiң қаралатын орны мен уақыты тиiстi түрде хабарланғаны туралы деректер болған және одан iстi қарауды кейiнге қалдыру туралы өтiнiш түспеген ретте ғана iс оның өзi болмаған жағдайда қаралуы мүмкiн.
      3. Он сегіз жасқа толмаған адам жасаған не жасалуы әкімшілік қамауға алу, сондай-ақ шетелдікті не азаматтығы жоқ адамды Қазақстан Республикасының шегінен тыс жерге әкімшілік шығарып жіберу немесе адамға берілген арнайы құқықтан (көлік құралдарын басқару құқығын қоспағанда) айыру түріндегі әкімшілік жазаға әкеп соқтыратын әкімшілік құқық бұзушылық туралы істі қарау кезінде әкімшілік жауапқа тартылып отырған адамның қатысуы міндетті.
      4. Осы баптың үшінші бөлігінде аталған адамдар іс жүргізуінде әкімшілік құқық бұзушылық туралы іс жатқан әкімшілік құқық бұзушылық туралы істі қарайтын судьяның, органның (лауазымды адамның) шақыруы бойынша келуден жалтарған жағдайда, бұл адамды мәжбүрлеп алып келу іске асырылуы мүмкін.
      Алып келу туралы сот ұйғарымын сот приставы немесе ішкі істер органдары; әкімшілік құқық бұзушылық туралы істі қарайтын органның (лауазымды адамның) ұйғарымын ішкі істер органдары (полиция) орындайды.
      5. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан кәмелетке толмаған адам, талқылануы оған терiс әсер етуi мүмкiн iстiң мән-жайын қарау кезiнде уақытша шығарыла тұруы мүмкiн.
      Ескерту. Осы Кодексте тиісінше хабарлау (хабардар ету) деп оның тікелей өзіне немесе онымен бірге тұрып жатқан кәмелетке толған отбасы мүшелерінің біріне қолы қойылып, тапсырылғаны туралы жөнелтушіге қайтарылуы тиіс тапсырыстық хатпен, жеделхатпен табыс етілген хабарлама танылады. Заңды тұлғаға жіберілген хабарлама өзінің тегін, аты-жөні мен лауазымын көрсетіп, қолы қойылған заңды тұлғаның басшысына немесе қызметкеріне табыс етіледі.
      Салық органы Қазақстан Республикасының салық заңнамасында белгіленген тәртіппен электрондық салық төлеушілер ретінде тіркелген тұлғаларға электрондық тәсілмен жіберілген хабарлама (хабардар ету) да осы Кодексте тиісінше хабарлау (хабардар ету) деп танылады.
      Ескерту. 584-бапқа өзгерістер енгізілді - ҚР 2007.07.27 N 314 (01.01.2008 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен; 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      585-бап. Жәбiрленушi

      1. Әкiмшiлiк құқық бұзушылықтан тән жарақатын алған, мүлiктiк немесе моральдық жағынан зақым келтiрiлген жеке немесе заңды тұлға жәбiрленушi болып табылады.
      2. Жәбiрленушi iстiң барлық материалдарымен танысуға, түсiнiктеме беруге, дәлелдемелер табыс етуге, өтiнiш және қарсылық мәлiмдеуге, өкiл ұстауға, әкiмшiлiк құқық бұзушылық туралы хаттамаға және әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымдануға, өзiне осы Кодекспен берiлген өзге де iс жүргiзу құқықтарын пайдалануға құқылы.
      3. Әкiмшiлiк құқық бұзушылық туралы iс жәбiрленушiнiң қатысуымен қаралады. Ол адамға iстiң қаралатын орны мен уақыты тиiстi түрде хабарланғаны туралы деректер болған және одан iстi қарауды кейiнге қалдыру туралы өтiнiш түспеген ретте ғана iс оның өзi болмағанда қаралуы мүмкiн.
      4. Жәбiрленушiден осы Кодекстiң 594-бабында көзделген тәртiппен куә ретiнде жауап алынуы мүмкiн. Егер жәбiрленушi заңды тұлға болса, куә ретiнде оның өкiлiнен жауап алынуы мүмкiн.
      Ескерту. 585-бапқа өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      586-бап. Жеке адамның заңды өкiлдерi

      1. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан жеке адамның немесе кәмелетке толмаған не тән саулығына немесе психикалық жай-күйiне байланысты өз құқықтарын өз бетiнше жүзеге асыру мүмкiндiгiнен айрылған жәбiрленушiнiң құқықтары мен заңды мүдделерiн қорғауды олардың заңды өкiлдерi жүзеге асырады.
      2. Жеке адамның ата-анасы, асырап алушылары, қорғаншылары, қамқоршылары және қорғаншысы немесе асыраушысы болып отырған өзге де адамдар оның заңды өкiлдерi болып табылады.
      3. Жеке адамның заңды өкiлдерi болып табылатын адамдардың туысқандық байланыстары немесе тиiстi өкiлеттiгi Қазақстан Республикасының заңдарында көзделген құжаттармен куәландырылады.
      4. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан жеке адамның заңды өкiлi әкiмшiлiк жауапқа тартылушы адамды әкiмшiлiк ұстау кезiнен немесе әкiмшiлiк құқық бұзушылық туралы хаттама жасалған кезден бастап iске қатысуға жiберiледi.
      5. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан жеке адамның және жәбiрленушiнiң заңды өкiлдерiнiң өздерi өкiл болып отырған адамдарға қатысты осы Кодексте көзделген құқықтары болады және сондай мiндеттердi өз мойнына алады.
      6. Он сегiз жасқа толмаған адам жасаған әкiмшiлiк құқық бұзушылық туралы iс қаралған кезде оның заңды өкiлiнiң қатысуы мiндеттi. Кәмелетке толмаған адамның заңды өкiлi келуден жалтарған жағдайда оған iшкi iстер органының (полицияның) алып келуi қолданылуы мүмкiн.

      587-бап. Заңды тұлғаның өкілдері

      1. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан немесе жәбiрленушi болып табылатын заңды тұлғаның құқықтары мен заңды мүдделерiн қорғауды оның өкiлдерi жүзеге асырады.
      2. Заңды тұлғаның атынан іс-әрекет жасайтын заңды тұлғаның атқарушы органының басшысы заңды тұлғаның заңды өкiлi болып табылады. Заңды тұлғаның заңды өкiлiнің өкiлеттiктерi оның қызметтiк жағдайын куәландыратын құжаттармен расталады.
      Заңды тұлғаның мүддесін білдіретін өзге де тұлғалар тапсырма бойынша өкілдер болып табылады, олардың өкілеттіктері заңды тұлғаның атқарушы органы заңды тұлғаның атынан беретін және атқарушы органның басшысы қол қоятын сенімхатта айқындалады.
      3. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан заңды тұлға және жәбірленуші өкiлдерінің өздері өкілдері болып отырған тұлғаларға қатысты осы Кодексте көзделген құқықтары болады және міндеттерді өз мойнына алады.
      4. Әкiмшiлiк құқық бұзушылық туралы iс өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан заңды тұлға өкiлiнiң қатысуымен қаралады. Аталған адамға iстiң қаралатын орны мен уақыты тиiстi түрде хабарланғаны туралы деректер болған жағдайларда ғана, егер одан iстi қарауды кейiнге қалдыру туралы өтiнiшхат түспесе, iс оның өзi болмаған кезінде қаралуы мүмкiн.
      5. Жасалуы әкiмшiлiк құқық бұзушылықты жасау құралы не нысанасы болған затты тәркiлеу немесе ақысын төлеп алып қою не әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кiрiстердi (дивидендтердi), ақшаны және бағалы қағаздарды тәркiлеу түрiндегi әкiмшiлiк жазаға әкеп соғатын әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде әкiмшiлiк жауаптылыққа тартылатын заңды тұлға өкiлiнiң қатысуы мiндеттi.
      6. Заңды тұлғаның өкiлi iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) шақыруы бойынша келуден жалтарған жағдайда аталған адамға iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) ұйғарымы негiзiнде iшкi iстер органының (полицияның) алып келуi қолданылуы мүмкiн.
      Ескерту. 587-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      588-бап. Қорғаушы

      1. Қорғаушы - әкiмшiлiк жауапқа тартылушы адамның құқықтары мен мүдделерiн заңда белгiленген тәртiппен қорғауды жүзеге асыратын және оған заң көмегiн көрсететiн адам.
      2. Қорғаушы ретiнде адвокаттар, әкiмшiлiк жауапқа тартылушы адамның жұбайы (зайыбы), жақын туыстары немесе заңды өкiлдерi жiберiледi. Егер заңда белгiленген тәртiппен өзара қатынас негiзiнде Қазақстан Республикасының тиiстi мемлекетпен халықаралық шартында көзделсе, шетелдiк адвокаттар iске қорғаушы ретiнде қатысуға жiберiледi.
      3. Қорғаушы әкiмшiлiк жауапқа тартылушы адамды әкiмшiлiк ұстау кезiнен немесе әкiмшiлiк құқық бұзушылық туралы хаттама жасалған кезден бастап iске қатысуға араластырылады.
      4. Егер бiрiнiң мүдделерi екiншiсiнiң мүдделерiне қайшы келсе, әкiмшiлiк жауапқа тартылатын екi адамға бiр адамды қорғаушы етуге болмайды.
      5. Адвокаттың әкiмшiлiк жауапқа тартылушы адамды өз мойнына алған қорғаудан бас тартуға құқығы жоқ.
      Ескерту. 588-бапқа өзгерту енгізілді - ҚР 2009.12.11 N 230-IV (2010 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

      589-бап. Қорғаушының мiндеттi түрде қатысуы

      1. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге мынадай жағдайларда, егер:
      1) әкiмшiлiк жауапқа тартылушы адам бұл жөнiнде өтiнiш жасаса;
      2) әкiмшiлiк жауапқа тартылушы адам дене немесе психикалық кемiстiктерi салдарынан өзiн қорғау құқығын өз бетiнше жүзеге асыра алмайтын болса;
      3) әкiмшiлiк жауапқа тартылушы адам iс жүргiзiлiп отырған тiлдi бiлмесе;
      4) iстiң материалдарында әкiмшiлiк жауапқа тартылушы адамға медициналық сипатта мәжбүрлеу шаралары белгiленуi мүмкiн деп пайымдайтын деректер болса;
      5) әкiмшiлiк жауапқа тартылушы адам кәмелетке толмаған болса, қорғаушының қатысуы мiндеттi. .V106465
      2. Егер осы баптың бiрiншi бөлiгiнде көзделген мән-жайлар болған жағдайда қорғаушыны әкiмшiлiк жауапкершілікке тартылатын тұлғаның өзi, оның заңды өкiлдерi, сондай-ақ оның тапсыруымен басқа тұлғалар шақырмаса, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi судья, орган (лауазымды адам) iс жүргiзудiң тиiстi сатысында қорғаушының қатысуын қамтамасыз етуге мiндеттi, бұл туралы олар қаулы шығарады. Қаулы орындау үшін облыстың, республикалық маңызы бар қаланың, астананың адвокаттар алқасына немесе оның құрылымдық бөлімшелеріне жіберіледі және алынған кезінен бастап жиырма төрт сағаттан аспайтын мерзімде орындалуға жатады.
      Ескерту. 589-бапқа өзгерістер енгізілді - ҚР 2003.12.05 N 506; 03.07.2013 N 123-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      590-бап. Қорғаушыны шақыру, тағайындау, ауыстыру, оның
                еңбегiне ақы төлеу

      1. Қорғаушыны, өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адам, оның өкiлдерi, сондай-ақ өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның тапсыруымен немесе келiсуiмен басқа да адамдар шақырады. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адам қорғау үшiн бiрнеше қорғаушы шақыруға құқылы.
      2. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның өтiнуi бойынша әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi судья, орган (лауазымды адам) қорғаушының қатысуын қамтамасыз етедi.
      3. Таңдалған немесе тағайындалған қорғаушының қатысуы мүмкiн болмаған жағдайларда, әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi судья, орган (лауазымды адам) өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамға жиырма төрт сағат iшiнде басқа қорғаушы шақыруды ұсынуға немесе адвокаттар алқасы немесе оның құрылымдық бөлiмшелерi арқылы қорғаушы тағайындауға шаралар қолдануға құқылы. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамға әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi судьяның, органның (лауазымды адамның) қорғаушы ретiнде белгiлi бiр адамды шақыруға ұсыныс айтуға құқығы жоқ.
      4. Әкiмшiлiк ұстау жағдайында, егер өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адам таңдаған қорғаушының үш сағат iшiнде келуi мүмкiн болмаса, өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамға әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi судья, орган (лауазымды адам) басқа қорғаушы шақыруды ұсынады, ал одан бас тартылған жағдайда адвокаттар алқасы немесе оның құрылымдық бөлiмшелерi арқылы қорғаушыны тағайындауға шаралар қолданады.
      5. Адвокаттың еңбегiне ақы төлеу Қазақстан Республикасының заңнамасына сәйкес жүргізіледі. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi судья, орган (лауазымды адам) оған негiздер болған жағдайда өзіне қатысты әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргiзiлетін тұлғаны заң көмегiне ақы төлеуден босатуға міндетті. Бұл жағдайда еңбекке ақы төлеу бюджет қаражаты есебiнен жүргізіледi.
      6. Осы Кодекстiң 589-бабының екiншi бөлiгiнде көзделген, адвокат іс бойынша iс жүргiзуге тағайындау арқылы қатысқан жағдайда да адвокаттардың еңбегiне ақы төлеу жөніндегі шығыстар бюджет қаражаты есебiнен жүргізіледі.
      7. Адвокат қорғаушы ретінде адвокаттың куәлігін және нақты істі жүргізуге оның өкілеттігін куәландыратын ордерді көрсетуі бойынша әкімшілік құқық бұзушылық туралы іске қатысуға жіберіледі. Осы Кодекстің 588-бабының екінші бөлігінде аталған басқа да адамдар қорғаушы ретінде олардың іске қатысу құқығын растайтын құжаттарды (неке туралы куәлігін, сондай-ақ осы Кодекстің 586-бабының үшінші бөлігінде және 587-бабының үшінші бөлігінде аталған құжаттарды) тапсырады.
      Ескерту. 590-бапқа өзгерістер енгізілді - ҚР 2009.12.11 N 230-IV (01.01.2010 бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 03.07.2013 N 123-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      591-бап. Қорғаушыдан бас тарту

      1. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адам iс жүргiзудiң кез келген кезiнде қорғаушыдан бас тартуға құқылы, бұл оның өзiн қорғауды өз бетiнше жүзеге асыру ниетiн бiлдiредi. Заң көмегiне ақы төлеуге қаражаты жоқтығын сылтау етiп қорғаушыдан бас тарту қабылданбайды. Бас тарту жазбаша түрде ресiмделедi.
      2. Өзi жөнiнде әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның қорғаушыдан бас тартуы оны бұдан былай қорғаушыны iске қатысуға жiберу туралы өтiнiш жасау құқығынан айырмайды. Қорғаушының iске кiрiсуi сол уақытқа дейiн әкiмшiлiк құқық бұзушылық туралы iстi қарау барысында жасалған әрекеттердi қайталауға әкеп соқпайды.

      592-бап. Қорғаушының өкiлеттiгi

      1. Қорғаушы iстiң барлық материалдарымен танысуға; iстi қарауға қатысуға; дәлелдемелер табыс етуге, өтiнiш мәлiмдеуге және қарсылық бiлдiруге; iстердi қарауға уәкiлеттi судьяның, органның (лауазымды адамның) рұқсатымен iстiң қаралу процесiнде жауап берушiге сұрақтар қоюға; iс жүргiзудi қамтамасыз етуге қолданылатын шаралар және iс бойынша қаулы жөнiнде шағымдануға; өзiне заңмен берiлген өзге де құқықтарды пайдалануға құқылы.
      2. Қорғаушының: қорғалушының мүдделерiне қарсы қандай да болсын iс-әрекеттер жасауға және оның өз құқықтарын жүзеге асыруына кедергi келтiруге; қорғалушының көзқарасына қарамастан, оның әкiмшiлiк құқық бұзушылыққа қатыстылығын және оны жасауға кiнәлiлiгiн тануға, қорғалушының жәбiрленушiмен татуласқандығы туралы мәлiмдеуге; қорғалушының берген шағымы мен өтiнiшiн қайтарып алуға; заң көмегiн сұрау мен оның жүзеге асырылуына байланысты өзiне белгiлi болған мәлiметтердi жария етуге құқы жоқ.

      593-бап. Жәбiрленушiнiң өкiлi

      1. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзу кезiнде заң жүзiнде құқығы бар адвокаттар мен өзге де адамдар жәбiрленушiнiң заңды мүдделерiн бiлдiретiн өкiл бола алады.
      2. Жәбiрленушi өкiлдерiнiң өздерi өкiл болып отырған жеке және заңды тұлғалармен осы Кодексте көзделген шекте iс жүргiзу құқықтары бiрдей болады.
      3. Өкiлдiң өзi өкiлi болып отырған адамның мүдделерiне қайшы қандай да бiр iс-әрекеттер жасауға құқығы жоқ.
      4. Жәбiрленушiнiң iсiне жеке қатысы оны осы iс бойынша өкiл алу құқығынан айырмайды.

      594-бап. Куә

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша куә ретiнде, егер заңдарда өзгеше көзделмесе, осы iс үшiн маңызы бар мән-жайлардан хабардар болуы мүмкiн кез келген адам шақырылуы мүмкiн.
      2. Куә: өзiне, жұбайына (зайыбына) немесе жақын туыстарына қарсы айғақ беруден бас тартуға, өз айғақтарының тиiстi хаттамаға енгiзiлуiнiң дұрыстығы жөнiнде мәлiмдеме және ескерту жасауға; iстi қарау кезiнде ана тiлiнде сөйлеуге; аудармашының көмегiн тегiн пайдалануға құқылы.
      3. Куә әкiмшiлiк құқық бұзушылық туралы iс жүргiзiп жатқан судьяның, органның (лауазымды адамның) шақыртуы бойынша келуге, өзiне iс бойынша белгiлi мән-жайдың бәрiн шынайы түрде хабарлауға және қойылған сұрақтарға жауап қайтаруға, өзi берген айғақтардың тиiстi хаттамаға енгiзiлуiнiң дұрыстығын өзi қол қойып куәландыруға мiндеттi.
      4. Куәға әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi органға (лауазымды адамға) айғақтар беруден жалтарғаны немесе одан бас тартқаны, көрiнеу жалған айғақтар бергенi үшiн әкiмшiлiк жауапкершiлiгi туралы және сотта осы әрекеттердi жасағаны үшiн қылмыстық жауаптылығы туралы ескертiледi.
      5. Куә әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) шақыртуы бойынша келуден жалтарған жағдайда судьяның, органның (лауазымды адамның) ұйғарымы негiзiнде оны iшкi iстер органдары (полиция) алып келуi мүмкiн.
      6. Он төрт жасқа дейiнгi кәмелетке толмаған куәға сауал қою кезiнде педагогтiң немесе психологтың қатысуы мiндеттi. Қажет болған жағдайда сауал қою осындай куәның заңды өкiлiнiң қатысуымен жүргiзiледi.
      Ескерту. 594-бапқа өзгерту енгізілді - Қазақстан Республикасының 2004.12.28. N 24 (қолданысқа енгiзiлу тәртібін  2-баптан қараңыз) Заңымен.

       595-бап. Куәгер

      1. Осы Кодексте көзделген жағдайларда, iстiң қорытындысына мүдделi емес, өзi қатысып тұрған кездегi iс-әрекеттердi толық және дұрыс ұғынуға қабiлеттi кәмелетке толған адам куәгер ретiнде тартылады.
      2. Куәгердiң әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қатысуы жеке адамды тексерiп қарау, көлiк құралын, заттарды тексерiп қарау, жеке адамда болған құжаттар мен заттарды алып қою, заңды тұлғаға тиесiлi аумақтарды, үй-жайлар мен мүлiктi қарап шығу, заңды тұлғаға тиесiлi құжаттар мен мүлiктi алып қою туралы хаттамаларда көрсетiледi.
      3. Куәгер әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан лауазымды адамның шақыруы бойынша келуге, осы iстiң жүргiзiлуiне қатысуға және өзiнiң қатысуымен жасалған iс-әрекеттердiң жүзеге асырылу фактiлерiн, олардың мазмұны мен нәтижелерiн тиiстi хаттамаға өзi қол қойып куәландыруға мiндеттi.
      4. Куәгердiң жасалған iс-әрекеттер жөнiнде хаттамаға енгiзiлуге тиiстi мәлiмдемелер мен ескертпелер жасауға құқығы бар.
      5. Қажет болған жағдайда куәгерден осы Кодекстiң 594-бабында көзделген тәртiппен куә ретiнде жауап алынуы мүмкiн.

      596-бап. Маман

      1. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге маман ретiнде қатысуға дәлелдемелердi жинауға, зерттеуге және бағалауға, сондай-ақ техникалық құралдарды пайдалануға жәрдем көрсету үшiн қажеттi арнаулы бiлiмi бар және машықтанған, iстiң қорытындысына мүдделi емес кез келген кәмелетке толған адамды тағайындауға болады.
      2. Маман: өзiнiң шақырылу мақсатын бiлуге; егер тиiсiнше арнаулы бiлiмi мен машығы болмаса, iс жүргiзуге қатысудан бас тартуға; өзiнiң қатысуымен жасалатын, iс жүргiзу әрекетiне қатысты iстiң материалдарымен танысуға; әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) рұқсатымен iс жүргiзу әрекеттерiне қатысушыларға сұрақтар қоюға; салыстырма зерттеулердi қоспағанда, iс жүргiзу әрекеттерi шеңберiнде iс жүргiзу әрекеттерi хаттамасының бiр бөлiгi болып табылатын хаттамада не ресми құжатта iстiң барысы мен нәтижелерi көрсетiлген iс материалдарына зерттеу жүргiзуге; өзi қатысқан iс жүргiзу әрекетiнiң хаттамасымен танысуға және өзiнiң қатысуымен жүргiзiлген әрекеттiң барысы мен нәтижелерi көрсетiлуiнiң толық және дұрыс екендiгi жөнiнде хаттамаға енгiзiлуi қажеттi мәлiмдемелер мен ескертпелер жасауға құқылы.
      3. Маман: әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) шақыруы бойынша келуге; арнаулы бiлiмiн, машығын және ғылыми-техникалық құралдарды пайдалана отырып, iс жүргiзу әрекеттерiне қатысуға; өзi жасаған әрекеттер бойынша түсiнiк беруге; аталған әрекеттердiң жасалу фактiсiн, олардың мазмұны мен нәтижелерiн өзi қол қойып куәландыруға мiндеттi.
      Ескерту. 596-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.07.04. N 151 Заңымен.

      597-бап. Сарапшы

      1. Арнаулы ғылыми білімі бар, іске мүдделі емес адам сарапшы ретінде шақырылуы мүмкін. Сот сараптамасын жүргізу:
      1) сот сараптамасы органдарының қызметкерлеріне;
      2) лицензия негізінде сот-сараптама қызметін жүзеге асыратын жеке тұлғаларға;
      3) заң талаптарына сәйкес біржолғы тәртіппен өзге де адамдарға тапсырылуы мүмкін.
      2. Сарапшы: сараптама нысанасына қатысты іс материалдарымен танысуға; қорытынды беру үшін қажетті қосымша материалдарды өзіне беру туралы өтінішті мәлімдеуге; әкімшілік құқық бұзушылық туралы істі жүргізетін органның (лауазымды адамның) рұқсатымен іс жүргізу әрекеттерін жүргізуге қатысуға және оларға қатысушы адамдарға сараптама нысанасына қатысты сұрақтар қоюға; өзі қатысқан іс жүргізу әрекетінің хаттамасымен танысуға және өзінің әрекеттері мен айғақтарының толық және дұрыс көрсетілуіне қатысты хаттамаларға енгізілуге тиісті ескертпелер жасауға; сот сараптамасын тағайындаған судьяның, органның (лауазымды адамның) келісімі бойынша сот-сараптамалық зерттеу барысында анықталған, азаматтық іс үшін маңызы бар, сот сараптамасын тағайындау туралы ұйғарымда қамтылған мәселелердің шегінен тыс мән-жайлар бойынша өз құзыреті шегінде қорытынды беруге; ана тілінде немесе өзі білетін тілде қорытынды ұсынуға және айғақтар беруге; аудармашының тегін көмегін пайдалануға; аудармашыдан бас тартуды мәлімдеуге; сараптама жүргізу кезінде соттың және іс жүргізуге қатысушы өзге де адамдардың өзінің құқықтарына нұқсан келтіретін шешімдері мен әрекеттеріне шағым жасауға; сараптама жүргізу кезінде шеккен шығыстарға өтем және егер сот сараптамасын жүргізу өзінің лауазымдық міндеттерінің шеңберіне кірмейтін болса, орындалған жұмысы үшін сыйақы алуға құқылы.
      3. Сарапшы: әкімшілік құқық бұзушылық туралы істі жүргізетін судьяның, органның (лауазымды адамның) шақыруы бойынша келуге; өзіне ұсынылған объектілерге жан-жақты, толық және объективті зерттеу жүргізуге; өзінің алдына қойылған мәселелер бойынша негізделген жазбаша қорытынды беруге; осы Кодекстің 611-бабының он үшінші бөлігінде көзделген жағдайларда, қорытынды беруден бас тартуға және қорытынды берудің мүмкін еместігі туралы дәлелді жазбаша хабарлама жасауға және оны сот сараптамасын тағайындаған органға (лауазымды адамға) жіберуге; жүргізілген зерттеуге және берілген қорытындыға байланысты мәселелер бойынша айғақтар беруге; зерттеліп жатқан объектілердің сақталуын қамтамасыз етуге; істің мән-жайы туралы мәліметтерді және сот сараптамасын жүргізуге байланысты өзіне белгілі болған өзге де мәліметтерді жария етпеуге міндетті.
      4. Сарапшы сотта көрінеу жалған қорытынды бергені үшін заңда көзделген қылмыстық жауаптылықта болады.
      5. Сот сараптамасы органының қызметкері болып табылатын сарапшы өз қызметінің сипатына қарай өзінің құқықтарымен және міндеттерімен танысқан және сотта көрінеу жалған қорытынды бергені үшін қылмыстық жауаптылық туралы ескертілген деп есептеледі.
      Ескерту. 597-бап жаңа редакцияда - ҚР 2010.01.20 № 241-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен; өзгеріс енгізілді - ҚР 02.07.2013 № 113-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      598-бап. Аудармашы

      1. Бiлiмi әкiмшiлiк құқық бұзушылық туралы iстi жүргiзу кезiнде қажет болатын тiлдердi бiлетiн (мылқаудың немесе саңыраудың ыммен көрсететiн белгiлерiн түсiнетiн), iстiң қорытындысына мүдделi емес кез келген кәмелетке толған адам аудармашы болып тағайындалады.
      2. Аудармашыны әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) тағайындайды.
      3. Аудармашы: егер өзiнiң аударма үшiн қажеттi бiлiмi болмаса, iс жүргiзуге қатысудан бас тартуға; аударма жасау кезiнде қатысушы адамдарға аударманы нақтылау үшiн сұрақтар қоюға; өзi жүргiзiлуiне қатысқан iс жүргiзу әрекетiнiң хаттамасымен танысуға және аударманың хатқа түсiрiлуiнiң толық және дұрыс екендiгi жөнiнде хаттамаға енгiзiлуi керек болатын ескертпелер жасауға құқылы.
      4. Аудармашы: әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судьяның, органның (лауазымды адамның) шақыруы бойынша келуге және өзiне тапсырылған аударманы толық және дәл жасауға; тиiстi хаттамада аударманың дұрыстығын өзi қол қойып куәландыруға мiндеттi.
      5. Аудармашыға әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде көрiнеу жалған аударма жасағаны үшiн әкiмшiлiк жауапты болатынын және сотта осы әрекеттi жасағаны үшiн қылмыстық жауапты болатынын ескертедi.
      6. Осы баптың ережелерi мылқаудың немесе саңыраудың ыммен көрсететiн белгiлерiн түсiнетiн, әкiмшiлiк құқық бұзушылық туралы iске қатысуға тартылған адамға қолданылады.

      599-бап. Прокурор

      1. Прокурор осы Кодекстiң 583-бабында көзделген өз өкiлеттiктерiн iске асыру мақсатында әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қатысуға құқылы. Бұл орайда прокурор дәлелдемелер табыс етедi және оларды тексеруге қатысады; iстi қарап жатқан сотқа, органға (лауазымды адамға) әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп отырған адамға қатысты, оның кiнәлiлiгi туралы, сондай-ақ iстiң қаралу процесiнде туындайтын басқа да мәселелер жөнiнде өз пiкiрiн баяндайды; iстi қарап жатқан сотқа, органға (лауазымды адамға) заңның ережелерiн қолдану және әкiмшiлiк жаза қолдану не одан босату туралы ұсыныс айтады.
      2. Прокурор кәмелетке толмаған адам жасаған әкiмшiлiк құқық бұзушылық туралы iстiң қаралатын орны мен уақыты, сондай-ақ әкiмшiлiк қамауға алуға әкеп соғатын құқық бұзушылық туралы хабардар етiледi. Ол болмаған кезде, мұндай iс тек iстiң қаралатын орны мен уақыты туралы прокурорға дер кезiнде хабарланғандығы туралы деректер болған және одан iстi қарауды кейiнге қалдыру туралы өтiнiш түспеген жағдайда ғана қаралуы мүмкiн.

      600-бап. Iс жүргiзу мiндеттерiн орындамағаны үшiн
               жауаптылық

      1. Куәнiң, маманның, сарапшының және аудармашының осы Кодекстiң 594, 596, 597, 598-баптарында көзделген iс жүргiзу мiндеттерiн орындамауы осы Кодекстiң 515, 516, 517-баптарында белгiленген әкiмшiлiк жауаптылыққа әкеп соғады.
      2. Осы баптың бiрiншi бөлiгiнде аталған iс-әрекеттер жасалған жағдайда әкiмшiлiк құқық бұзушылық туралы iстi, iс бойынша қаулыға шағымды немесе наразылықты қарау кезiнде iс бойынша қаулыға шағымды немесе наразылықты қарау хаттамасына тиiстi жазба енгiзiледi.
      3. Айыппұл салу туралы қаулы шығарылады.

      601-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жүргiзуге қатысу мүмкiндiгiн болдырмайтын
               мән-жайлар

      1. Адамдар белгiлi бiр iстi қозғау үшiн негiз болған бұзушылыққа орай ережелердiң сақталуын қадағалайтын және бақылайтын мемлекеттiк органдардың қызметкерлерi болып табылса немесе олар бұған дейiн осы iстi қарауға өзге қатысушылар ретiнде әрекет етсе, әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қорғаушы және өкiл ретiнде қатысуға жiберiлмейдi.
      2. Сарапшы мен аудармашы, егер: олардың біліксіз екені анықталса; олар әкiмшiлiк жауаптылыққа тартылып жатқан адаммен, жәбiрленушiмен, олардың өкiлдерiмен, қорғаушысымен, өкiлiмен, осы iстi жүргiзiп жатқан прокурормен, судьямен, алқалы органның мүшесiмен немесе лауазымды адаммен туыстық қатынастарда болса не, егер олар бұрын осы iстi жүргiзуге өзге қатысушылар ретiнде әрекет етсе, сол сияқты, егер бұл адамдарды осы iске жеке өз басы, тiкелей немесе жанама түрде мүдделi деп есептеуге негiздер болса, әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қатысуға жiберiлмейдi.
      3. Адамның іске сарапшы ретінде алдыңғы қатысуы, оның қатысуымен жүргізілген сараптамадан кейін ол қайта тағайындалатын жағдайларда, оған сараптама жүргізуді тапсыруды болдырмайтын мән-жай болып табылады.
      Ескерту. 601-бапқа өзгеріс енгізілді - ҚР 2010.01.20 № 241-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      602-бап. Iс жүргiзуге қатысуына жол берiлмейтiн
               адамдарды қатыстырудан бас тарту

      1. Қорғаушының, өкiлдiң, прокурордың, сарапшының және аудармашының әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қатысу мүмкiндiгiн болдырмайтын, осы Кодекстiң 601-бабында көзделген мән-жайлар болған кезде аталған адамдарды қатыстырудан бас тартылуға тиiс.
      2. Өздiгiнен бас тарту немесе бас тарту туралы арыз әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судьяға, органға (лауазымды адамға) берiледi.
      3. Өздiгiнен бас тарту немесе бас тарту туралы арыз берiлген күнiнен бастап үш күн мерзiмде қаралады.
      4. Судья, орган (лауазымды адам) өздiгiнен бас тарту немесе бас тарту туралы арызды қарап, арызды қанағаттандыру не оны қанағаттандырудан бас тарту туралы ұйғарым шығарады.

      603-бап. Жәбiрленушi, куә, сарапшы, маман, аудармашы
               немесе куәгер шығындарының орнын толтыру

      1. Жәбiрленушiнiң, куәнiң, сарапшының, маманның және аудармашының әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан сотқа, органға (лауазымды адамға) келуiне байланысты шеккен шығындарының, соның iшiнде: аталған адамдардың тұрған немесе болып жатқан жерiне бару және керi қайту жолының жүрiп-тұру құнының, ал бұл басқа жерлерде болумен байланысты жағдайларда - тұрғын үй-жайды жалдау, сондай-ақ тәулiктiк шығын құнының орны азаматтық iс жүргiзу заңдарында белгiленген тәртiппен толтырылады.
      2. Жәбiрленушi, куә, сарапшы, маман және аудармашы ретiнде шақырылатын адамның әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан және қарап жатқан сотқа, органға (лауазымды адамға) келуiне байланысты олардың жұмыс орындарында болмаған кездегi орташа табысы белгiленген тәртiппен сақталады.
      3. Сарапшының, маман мен аудармашының еңбегiне заңдарда белгiленген тәртiппен ақы төленедi.

35-тарау. ДӘЛЕЛДЕМЕЛЕР ЖӘНЕ ДӘЛЕЛДЕУ

      604-бап. Дәлелдемелер

      1. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья немесе орган (лауазымды адам) осы Кодексте белгiленген тәртiппен әкiмшiлiк құқық бұзушылық оқиғасының болғанын немесе болмағанын, әкiмшiлiк жауапқа тартылатын жеке адамның кiнәлiлiгiн анықтайтын кез келген нақты деректер, сондай-ақ iстiң дұрыс шешiлуi үшiн мәнi бар өзге де мән-жайлар әкiмшiлiк құқық бұзушылық туралы iс бойынша дәлелдемелер болып табылады.
      2. Бұл деректер: әкiмшiлiк жауапқа тартылатын тұлғаның түсiнiктемелерiмен; жәбiрленушiнiң, куәнiң айғақтарымен; сарапшының қорытындыларымен; заттай дәлелдемелермен; сертификатталған арнайы техникалық бақылау-өлшем құралдарының және аспаптарының көрсеткiштерiмен; өзге де құжаттармен; әкiмшiлiк құқық бұзушылық туралы хаттамалармен және осы Кодексте көзделген хаттамалармен анықталады.
      Әкiмшiлiк құқық бұзушылық туралы материалдарды дәлелдемелер ретiнде қарау кезiнде сертификатталған арнайы техникалық бақылау-өлшем құралдарының және аспаптарының деректерi пайдаланылуы мүмкiн.
      3. Егер нақты деректер процеске қатысушылардың заңмен кепiлдiк берiлген құқықтарынан айыру немесе қысым жасау жолымен алынса немесе процестiң өзге де ережелерiн бұза отырып алынған нақты деректердiң дұрыстығына ықпал етiп немесе ықпал етуi мүмкiн болып, соның iшiнде:
      1) зорлық жасап, қорқытып, алдап, сондай-ақ өзге де заңсыз әрекеттер қолданып;
      2) процеске қатысушы адамға өз құқықтары мен мiндеттерiне қатысты түсiндiрмеу, толық емес немесе қате түсiндiру салдарынан оны шатастыруды пайдаланып;
      3) осы iстi жүргiзудi жүзеге асыруға құқы жоқ адамның iс жүргiзу iс-әрекетiн жасауына байланысты;
      4) қарсылық бiлдiрiлген адамның iс жүргiзу iс-әрекетiне қатысуына байланысты;
      5) iс жүргiзу iс-әрекетiнiң тәртiбiн бұзып;
      6) белгiсiз көзден;
      7) дәлелдеу барысында осы заманғы ғылыми бiлiмдерге қайшы келетiн әдiстердi қолданып, осы Кодекстiң талаптарын бұза отырып алынса, дәлелдемелер ретiнде жол беруге болмайды деп танылуға тиiс.
      3. Нақты деректердi дәлелдемелер ретiнде пайдалануға жол беруге болмайтындығын әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан сот немесе орган (лауазымды адам) өз бастамашылығымен немесе процеске қатысушылардың өтiнiштерi бойынша анықтайды.
      4. Заңды бұза отырып алынған дәлелдемелердiң заңды күшi жоқ деп танылады және тиiстi бұзушылық пен оған жол берген адамдардың кiнәлiлiгi фактiсiн қоспағанда оларды iс бойынша шешiмнiң негiзiне алуға, сондай-ақ iс бойынша кез келген мән-жайды дәлелдеу кезiнде пайдалануға болмайды.
      Ескерту. 604-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      605-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               бойынша дәлелденуге тиiс мән-жайлар

      Әкiмшiлiк құқық бұзушылық туралы iс бойынша мыналар дәлелденуге тиiс:
      1) әкiмшiлiк құқық бұзушылық оқиғасының болуы;
      2) құқыққа қайшы әрекет жасаған, сол үшiн осы Кодексте әкiмшiлiк жауаптылық көзделген адам;
      3) жеке адамның әкiмшiлiк құқық бұзушылық жасауға кiнәлiлiгi;
      4) әкiмшiлiк жауаптылықты жұмсартатын немесе ауырлататын мән-жайлар;
      5) әкiмшiлiк құқық бұзушылықтан келген залалдың сипаты мен мөлшерi;
      6) әкiмшiлiк жауаптылықтан босатуға алып келетiн мән-жайлар;
      7) әкiмшiлiк құқық бұзушылық жасауға ықпал еткен себептер мен жағдайлар, сондай-ақ iстiң дұрыс шешiлуi үшiн маңызы бар өзге де мән-жайлар.

      606-бап. Әкiмшiлiк жауапқа тартылатын адамның
               түсiнiктемесi, жәбiрленушiнiң және куәнiң
               жауаптары

      1. Өзiне қатысты iс жүргiзiлiп жатқан адамның түсiнiктемесi, жәбiрленушiнiң және куәнiң айғақтары аталған адамдардың ауызша немесе жазбаша нысанда хабарлаған, iске қатысы бар мәлiметтерi болып табылады.
      2. Өзiне қатысты iс жүргiзiлiп жатқан адамның түсiнiктемесi, жәбiрленушiнiң және куәнiң айғақтары әкiмшiлiк құқық бұзушылық туралы немесе iс жүргiзудi қамтамасыз ету шараларын қолдану туралы хаттамада жазылады, қажет болған жағдайда - жауап алу хаттамасымен ресiмделiп, iске тiгiледi.

      607-бап. Дәлелдеу мiндетi және дәлелдемелер табыс ету

      1. Процеске қатысушылар дәлелдемелер табыс етедi.
      2. Дәлелдемелердi тараптар және әкiмшiлiк iс жүргiзуге басқа да қатысушылар табыс ете алады.
      3. Егер табыс етiлген дәлелдемелер жеткiлiксiз болса, iстi қарап жатқан сот немесе орган процеске қатысушыларға қосымша дәлелдемелер табыс етуге не оларды өз бастамашылығымен жинауға ұсыныс жасауы мүмкiн.
      Ескерту. 607-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

       608-бап. Дәлелдеуден босатудың негiздерi

      1. Әкiмшiлiк құқық бұзушылықты қарауға уәкiлеттi сот, орган (лауазымды адам) жалпыға бiрдей белгiлi деп таныған мән-жайлар дәлелдеудi қажет етпейдi.
      2. Азаматтық iс бойынша соттың күшiне енген шешiмiмен немесе әкiмшiлiк құқық бұзушылық туралы өзге iс бойынша соттың қаулысымен анықталған мән-жайлар, нақ сол адамдар қатысқан, әкiмшiлiк құқық бұзушылық туралы басқа iстердi қараған кезде дәлелдеудi қажет етпейдi.
      3. Егер тиiстi құқықтық рәсiм шеңберiнде керiсiнше жағдайлар анықталмаса, мына мән-жайлар дәлелдемелерсiз анықталған болып есептеледi:
      1) осы заманғы ғылымда, техникада, өнерде, қолөнерiнде жалпыға бiрдей қабылданған зерттеу әдiстерiнiң дұрыстығы;
      2) адамның заңды бiлуi;
      3) адамның өзiнiң қызметтiк және кәсiби мiндеттерiн бiлуi;
      4) олардың болуын растайтын құжатын табыс етпеген және арнаулы даярлықтан өткен немесе бiлiм алған оқу орнын немесе басқа мекеменi көрсетпеген адамның арнаулы даярлығының немесе бiлiмiнiң жоқтығы.

      609-бап. Дәлелдемелермен қамтамасыз ету

      1. Өздерiне қажеттi дәлелдемелердi табыс ету мүмкiн болмайды деп немесе қиынға түседi деп қауiптенуге негiзi бар тараптар әкiмшiлiк құқық бұзушылық туралы iстi қарап жатқан судьяға, органға (лауазымды адамға) осы дәлелдемелермен қамтамасыз ету туралы өтiнiш жасай алады.
      2. Дәлелдемелермен қамтамасыз ету ұйымдардан, олардың iске қатысуына қарамастан, құжаттар, мәлiметтер және қорытындылар табыс етудi, сараптама жүргiзудi, болған жердi тексерiп, қарауды талап ету жолымен және өзге де әдiстермен жүргiзiледi.

      610-бап. Дәлелдемелермен қамтамасыз ету туралы арыз

      1. Дәлелдемелермен қамтамасыз ету туралы арызда қамтамасыз етiлуi қажет дәлелдемелер; растау үшiн бұл дәлелдемелердi қажет ететiн мән-жайлар; арыз берушiнi қамтамасыз ету туралы өтiнiш жасауға итермелеген себептер, сондай-ақ бұл дәлелдемелердi қажет етiп отырған iс көрсетiлуге тиiс.
      2. Арыз әкiмшiлiк құқық бұзушылық туралы iстi қарап жатқан сотқа, органға (лауазымды адамға) берiледi.

      611-бап. Сараптама тағайындау және жүргiзу

      1. Iс үшiн маңызы бар мән-жайлар сарапшының арнаулы ғылыми бiлiм негiзiнде жүргiзетiн iс материалдарын зерттеуi нәтижесiнде алынуы мүмкiн болған кезде, әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) сот сараптамасын тағайындайды.
      2. Iсте ведомстволық инспекциялардың түгендеу, тексеру актiлерiнiң, қорытындыларының, сондай-ақ мамандардың iс жүргiзу әрекеттерi барысында атқарған зерттеулерiнiң нәтижелерi бойынша жасалған ресми құжаттарының болуы нақ сол мәселелер бойынша сараптама жүргiзу мүмкiндiктерiн жоққа шығармайды.
      3. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) тараптардың өтiнiшi бойынша немесе өз бастамашылығымен сараптама тағайындай алады.
      4. Сараптама жүргiзу сараптама органдарының қызметкерлерiне не осы Кодекстiң 597-бабының талаптарын қанағаттандыратын өзге адамдарға тапсырылуы мүмкiн. Сараптама жүргiзу тараптар ұсынған адамдардың арасынан бiреуiне тапсырылуы мүмкiн. Сараптама жүргiзу тапсырылған адамды шақыруы туралы судьяның, лауазымды адамның талабы аталған адам жұмыс iстейтiн ұйымның басшысы үшiн мiндеттi.
      5. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) сараптама тағайындау туралы ұйғарым шығарады, онда мыналар көрсетiледi:
      1) судьяның, лауазымды адамның аты-жөнi, соттың, органның атауы;
      2) сараптаманың тағайындалған уақыты, орны;
      3) сараптама тағайындаудың негiзi;
      4) сарапшының аты-жөнi немесе сараптама жүргiзiлуге тиiс сараптама органының атауы;
      5) сарапшының алдына қойылған мәселелер;
      6) сарапшының билiгiне берiлетiн материалдардың тiзбесi.
      6. Күрделi сараптамалық зерттеулер жүргiзу үшiн бiр мамандықтағы кемінде екі сарапшы жүргiзетiн комиссиялық сараптама тағайындалуы мүмкiн.
      7. Егер iс үшiн маңызы бар мән-жайларды анықтауға бiлiмнiң әртүрлi салалары негiзiнде зерттеулер жүргiзу қажет болса, әртүрлi мамандықтағы өз құзыреті шегінде жүргiзетiн кешендi сараптама тағайындалады.
      8. Сараптама тағайындау туралы ұйғарымды орындау үшін жібергенге дейін сот сараптамасын тағайындаған орган (лауазымды адам) өзіне қатысты әкімшілік құқық бұзушылық туралы іс жүргізілетін адамды және жәбірленушіні онымен таныстыруға, оларға:
      сарапшыдан бас тарту және сот сараптамасы органын сараптама жүргізуден шеттету туралы өтініш мәлімдеу;
      өздері атаған адамдарды немесе нақты сот сараптамасы органдарының қызметкерлерін сарапшы ретінде тағайындау туралы, сондай-ақ сараптаманы сарапшылар комиссиясының жүргізуі туралы өтініш жасау;
      сарапшының алдына қосымша мәселелер қою туралы немесе қойылған мәселелерді нақтылау туралы өтініш жасау;
      сараптама жүргізуге кедергі келтіретін жағдайларды қоспағанда, сот сараптамасын тағайындаған органның (лауазымды адамның) рұқсатымен сараптама жүргізу кезінде қатысу, сарапшыға түсініктемелер беру;
      сот сараптамасын тағайындаған органға (лауазымды адамға) келіп түскеннен кейін сарапшының қорытындысымен не қорытынды берудің мүмкін еместігі туралы хабарламамен танысу, өз ескертпелерін ұсыну, қосымша немесе қайталама сараптама тағайындау, жаңа сараптамалар тағайындау туралы өтініштер мәлімдеу құқықтарын түсіндіруге міндетті.
      Жәбірленушілерге сараптама олардың жазбаша келісімімен ғана жүргізіледі. Егер осы адамдар кәмелетке толмаса немесе сот оларды әрекетке қабілетсіз деп таныса, сараптама жүргізуге жазбаша келісімді олардың заңды өкілдері береді.
      9. Сарапшы (сарапшылар) өздерiнiң атынан сараптама жүргiзу нәтижелерi бойынша осы Кодекстiң 612-бабының талаптарына сәйкес жасаған қорытындыны бередi және оны сараптама тағайындаған судьяға, органға (лауазымды адамға) жiбередi.
      10. Қорытынды жеткiлiктi дәрежеде айқын немесе толымды болмаған, сондай-ақ алдыңғы зерттеуге байланысты қосымша мәселелерді шешу қажеттілігі туындаған жағдайда қосымша сараптама тағайындалуы мүмкiн, оны жүргiзу нақ сол немесе өзге сарапшыға (сарапшыларға) тапсырылады.
      11. Егер сарапшының қорытындысы жеткiлiктi дәрежеде негiзделмесе не оның қорытындылары күмән туғызса немесе сараптаманы тағайындау және жүргізу туралы іс жүргізу нормалары елеулі түрде бұзылса, сол объектiлердi зерттеу және сол мәселелердi шешу үшiн қайтадан сараптама тағайындалуы мүмкiн, оны жүргiзу сарапшылар комиссиясына тапсырылады, оған осының алдындағы сараптаманы жүргiзген сарапшы (сарапшылар) кiрмейдi.
      12. Судьяның, органның (лауазымды адамның) қосымша және қайтадан сараптама тағайындау туралы ұйғарымы дәлелдi болуға тиiс. Сарапшыға (сарапшыларға) қосымша және қайтадан сараптама жүргiзу тапсырылған кезде осының алдындағы сараптамалардың нәтижелерi бойынша жасалған қорытындылар табыс етiлуге тиiс.
      13. Егер сарапшы зерттеу жүргiзгенге дейiн өзiнiң алдына қойылған мәселелер өзiнiң арнаулы бiлiмiнiң шегiнен шығып кететiнiне не өзiне табыс етiлген материалдардың қорытынды беру үшiн жарамсыз немесе жеткiлiксiз екендiгiне, оны толықтыру мүмкiн болмайтынына, не ғылымның және сараптама практикасының жай-күйi қойылған мәселелерге жауап қайтаруға мүмкiндiк бермейтiнiне көзi жетсе, ол қорытынды берудiң мүмкiн еместiгi туралы дәлелдi хабарлама жасайды және оны судьяға, органға (лауазымды адамға) жiбередi.
      Ескерту. 611-бапқа өзгерту енгізілді - ҚР 2010.01.20 № 241-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      612-бап. Сарапшының қорытындысы

      1. Сарапшының қорытындысы - арнаулы ғылыми білімді пайдалана отырып жүргізілген іс материалдарын, оның ішінде заттай дәлелдемелер мен үлгілерді зерттеу нәтижелеріне негізделген, оның алдына әкімшілік құқық бұзушылық туралы істі жүргізетін судья, орган (лауазымды адам) қойған мәселелер бойынша жазбаша нысанда ұсынылған қорытындылар. Қорытындыда сарапшының зерттеу кезінде қолданған әдістері, қойылған сұрақтарға жауаптардың негіздемесі және осы сарапшының бастамасымен анықталған, іс үшін маңызы бар мән-жайлар көрсетіледі.
      2. Қорытындыны зерттеулер жүргізгеннен кейін оның нәтижелерін ескере отырып өз атынан сарапшы (сарапшылар) жасайды, оны өз (өздерінің) қолымен және жеке мөрімен куәландырады. Сараптаманы сараптама органы жүргізген жағдайда сарапшының қолы аталған органның мөрімен расталады.
      3. Сарапшының қорытындысында: оның ресімделген күні, сараптаманың жүргізілген мерзімдері және орны; сот сараптамасын жүргізудің негіздері; әкімшілік құқық бұзушылық туралы істі жүргізетін судья туралы, орган (лауазымды адам) туралы мәліметтер; сараптама жүргізу тапсырылған сот сараптамасы органы және (немесе) сарапшы (сарапшылар) туралы мәліметтер (тегі, аты, әкесінің аты, білімі, мамандығы, мамандығы бойынша жұмыс стажы, ғылыми дәрежесі және ғылыми атағы, атқаратын қызметі); сотта көрінеу жалған қорытынды бергені үшін қылмыстық жауаптылық туралы өзінің ескертілгені туралы сарапшының қолымен куәландырылған белгі; сарапшының (сарапшылардың) алдына қойылған мәселелер; сараптама жүргізу кезінде процеске қатысқан қатысушылар және олар берген түсіндірмелер туралы мәліметтер; объектілер; пайдаланылған әдістемелер көрсетіле отырып, жүргізілген зерттеулердің мазмұны мен нәтижелері; жүргізілген зерттеулердің нәтижелерін бағалау, сарапшының (сарапшылардың) алдына қойылған мәселелер бойынша қорытындылардың негіздемесі мен тұжырымы көрсетілуге тиіс.
      4. Егер осы Кодекстің 611-бабының он үшінші бөлігінде көрсетілген мән-жайлар зерттеу барысында анықталса, қорытындыда қойылған мәселелердің бәріне немесе кейбіреуіне жауап беру мүмкін еместігінің негіздемесі қамтылуға тиіс.
      5. Осы баптың екінші бөлігінде көзделген тәртіппен куәландырылған, сарапшының қорытындысын көрнекілейтін материалдар (фотокестелер, схемалар, графиктер, кестелер және басқа да материалдар) қорытындыға қоса беріледі және оның құрамдас бөлігі болып табылады. Сондай-ақ қорытындыға зерттеуден кейін қалған объектілер, оның ішінде үлгілер қоса берілуге тиіс.
      6. Сарапшының қорытындысы әкімшілік құқық бұзушылық туралы істі жүргізетін сот, орган (лауазымды адам) үшін міндетті болып табылмайды, алайда олардың қорытындымен келіспеуі дәлелді болуға тиіс.
      Ескерту. 612-бап жаңа редакцияда - ҚР 2010.01.20 № 241-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз) Заңымен.

      612-1-бап. Yлгiлердi алу

      1. Судья, eгep үлгiлердi зерттеудiң iс үшiн маңызы бар болса, оларды, оның iшiнде адамның, жануардың, заттың, нәрсенiң қасиеттерiн бейнелейтiн үлгілердi алуға құқылы.
      2. Үлгiлерге материалдардың, заттардың, шикiзаттардың, дайын өнiмнiң сынамалары да жатады.
      3. Yлгiлердi алу туралы дәлелдi ұйғарым шығарылады, онда: үлгілердi алатын адам; үлгілер алынуы тиiс адам (ұйым); нақты қандай үлгiлер және қандай санда алынуы тиiс екенi; адам үлгiлердi алу үшiн қашан және кiмге келуi тиiс екенi; үлгілер алынғаннан кейiн олардың қашан және кiмге табыс етiлуi тиiс екенi көрсетiлуi қажет.
      4. Үлгiлердi судьяның жеке өзi алуы, ал қажет болса, егер бұл әрекет үлгiлер алынатын жынысы басқа адамды жалаңаштап шешiндiрумен байланысты болмаса және ерекше кәсiби дағдыны талап етпесе, дәрiгердiң немесе басқа маманның қатысуымен алуы мүмкiн. Өзге жағдайларда үлгiлердi судьяның тапсырмасы бойынша дәрiгер немесе басқа маман алуы мүмкiн.
      5. Үлгiлердi алу құқығы судьяда, сарапшыда, дәрiгерде немесе басқа маманда болады.
      6. Үлгiлердi алу сараптамалық зерттеудiң бiр бөлiгi болып табылатын жағдайларда, оны сарапшы жүргiзуi мүмкiн.
      7. Yлгiлер тараптардан, сондай-ақ үшiншi тұлғалардан алынуы мүмкiн.
      8. Судья адамды өзiне шақырады, оны, қолхат ала отырып, үлгiлердi алғаны туралы ұйғарыммен таныстырады, оған және осы iс жүргiзу әрекеттерiне қатысушы өзге де адамдарға олардың құқықтары мен мiндеттерiн түсiндiредi.
      9. Судьяның жеке өзi немесе маманның қатысуымен қажеттi әрекеттердi жүргiзедi, үлгiлердi алады, оларды орайды және мөр басады.
      10. Үлгiлердi алу нәтижелерi iс жүргізу әрекеттерiнiң (сот отырысының) хаттамасында тiркеледi, онда жүргiзiлу ретiнде сақтай отырып, үлгілердi алу үшiн жасалған әрекеттер, бұл ретте қолданылған ғылыми-зерттеу және басқа да әдiстер мен рәсiмдер, сондай-ақ үлгілердiң өздерi жазылады.
      Ескерту. 612-1-баппен толықтырылды - ҚР 2006.07.04 N 151 Заңымен.

        612-2-бап. Дәрiгердiң немесе басқа маманның,
                сондай-ақ сарапшының үлгiлердi алуы

      1. Судья өзiнен үлгiлер алынуға тиiс адамды, сондай-ақ тиiстi тапсырмасы бар ұйғарымды дәрiгерге немесе басқа маманға жiбередi. Ұйғарымда осы iс жүргiзу әрекетiне барлық қатысушылардың құқықтары мен міндеттері көрсетілуі тиіс.
      2. Дәрiгер немесе басқа маман судьяның тапсырмасы бойынша қажеттi әрекеттердi жүргiзедi және үлгiлердi алады. Үлгiлер оралады және мөр басылады, одан кейiн дәрiгер немесе басқа маман жасаған ресми құжатпен бiрге судьяға жiберiледi.
      3. Сарапшы зерттеу процесiнде сынақ үлгiлер дайындауы мүмкiн, бұл туралы ол қорытындыда хабарлайды.
      4. Судья мұндай үлгiлердi дайындау кезiнде қатысуға құқылы, оны өзi жасайтын хаттамада көрсетедi.
      5. Сарапшы зерттеу жүргiзгеннен кейiн үлгiлердi оралған және мөр басылған түрде өзiнiң қорытындысына қоса тiркейдi.
      6. Егер үлгiлердi судьяның тапсырмасы бойынша маман немесе сарапшы алған болса, онда ол ресми құжат жасап, оған iс жүргiзу әрекетiне барлық қатысушылар қол қояды және iс материалдарына қоса тiркеу үшiн судьяға беріледi.
      7. Алынған үлгiлер оралған және мөр басылған түрде хаттамаға қоса тiркеледi.
      Ескерту. 612-2-баппен толықтырылды - Қазақстан Республикасының 2006.07.04. N 151 Заңымен.

       612-3-бап. Үлгiлердi алу кезiнде тұлғаның
                 құқықтарын қорғау

      Үлгілердi алу әдiстерi мен ғылыми-техникалық құралдары адамның өмiрi мен денсаулығы үшiн қауiпсiз болуға тиiс. Қатты ауыру сезiнуiн тудыратын күрделi медициналық рәсiмдердi немесе әдiстердi қолдануға үлгiлер алынуға тиiстi адам жазбаша келiсiм бергенде ғана, ал егер ол кәмелетке толмаған немесе психикалық аурумен ауыратын болса, оның заңды өкілдерінің келісімімен ғана жол беріледi.
      Ескерту. 612-3-баппен толықтырылды - Қазақстан Республикасының 2006.07.04. N 151 Заңымен.

       613-бап. Заттай дәлелдемелер

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша заттай дәлелдемелер құқық бұзушылықтың құралы не нысанасы болған, не өзiнде оның iздерi қалған заттар болып табылады.
      2. Қажет болған жағдайларда заттай дәлелдемелер суретке түсiрiледi немесе өзге тәсiлмен тiркеледi және iске тiгiледi, ол жөнiнде әкiмшiлiк құқық бұзушылық туралы хаттамаға немесе осы Кодекспен көзделген өзге хаттамаға жазба жазылады.
      3. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) iс мәнi бойынша шешiлгенге дейiн заттай дәлелдемелердiң сақталуын қамтамасыз етуге қажеттi шаралар қолдануға, сондай-ақ iстi қарау аяқталысымен олар туралы шешiм қабылдауға мiндеттi.
      Ескерту. 613-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       614-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама

      Әкiмшiлiк құқық бұзушылық туралы iс бойынша дәлелдемелер әкiмшiлiк құқық бұзушылық туралы осы Кодекстiң ережелерiне сәйкес жасалған хаттамаларда жазылған, әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) тiкелей қабылдаған мән-жайларды куәландыратын нақты деректер болып табылады.

      615-бап. Құжаттар

      1. Егер ұйымдар, лауазымды адамдар мен жеке тұлғалар баяндаған немесе куәландырған мәлiметтердiң әкiмшiлiк құқық бұзушылық туралы iс үшiн маңызы болса, құжаттар iс бойынша дәлелдемелер деп танылады.
      2. Құжаттар жазбаша да, өзге түрде де тiркелген мәлiметтерден тұруы мүмкiн. Құжаттарға соның iшiнде осы Кодексте көзделген тәртiппен алынған, талап етiп алынған немесе табыс етiлген компьютерлiк ақпараттан, фото- және кино түсiрiлiмдерден, дыбыс- және бейне жазылымдарынан тұратын материалдар жатуы мүмкiн.
      3. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) iс мәнi бойынша шешiлгенге дейiн құжаттардың сақталуын қамтамасыз етуге қажеттi шаралар қолдануға, сондай-ақ iстi қарау аяқталысымен олар туралы шешiм қабылдауға мiндеттi.
      4. Құжаттарда осы Кодекстiң 613-бабында аталған белгiлер болған жағдайларда олар заттай дәлелдемелер болып табылады.
      Ескерту. 615-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       616-бап. Қосымша мәлiметтер талап ету

      1. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзiп жатқан судья, орган (лауазымды адам) ұйымдардан, қоғамдық бiрлестiктерден iстiң шешiлуiне қажеттi қосымша мәлiметтер талап етiп алу туралы ұйғарым шығаруға құқылы.
      2. Судьяның, органның (лауазымды адамның) қосымша мәлiметтер талап етiп алу туралы ұйғарымында қаралып жатқан iстiң мәнi қысқаша баяндалып, анықтауға жататын мән-жайлар көрсетiледi. Осы ұйғарым жiберiлiп отырған сот үшiн мiндеттi болып табылады және белгiленген мерзiмде орындалуға тиiс.
      3. Талап етiп алынатын мәлiметтер талап алынған күнiнен бастап үш күн мерзiмде, ал әкiмшiлiк қамауға алуға әкеп соғатын құқық бұзушылық жасалған жағдайда кiдiрiссiз жiберiлуге тиiс.
      4. Аталған мәлiметтердi табыс ету мүмкiн болмаған жағдайда ұйым, қоғамдық бiрлестiк ұйғарым шығарған судьяны, органды (лауазымды адамды) бұл туралы үш күн мерзiмде хабардар етуге мiндеттi.

      617-бап. Дәлелдемелердi бағалау

      1. Әкiмшiлiк құқық бұзушылық туралы iстi жүргiзудi жүзеге асыратын судья, алқалы органның мүшесi, лауазымды адам дәлелдемелердi заң мен ар-намысты басшылыққа ала отырып, дәлелдемелердi өз жиынтығында жан-жақты толық және объективтi қарауға негiзделген өзiнiң iшкi сезiмi бойынша бағалайды. Ешбiр дәлелдеменiң алдын ала белгiленген күшi болмайды.
      2. Әрбiр дәлелдеме тиесiлiлiгi, жол берiлетiндiгi, дұрыстығы, ал барлық жиналған дәлелдемелер өз жиынтығында iстiң шешiлуi үшiн жеткiлiктiлiгi тұрғысынан бағалануға тиiс.
      3. Егер дәлелдеме iс үшiн маңызы бар мән-жайлардың болуы туралы тұжырымды растайтын, жоққа шығаратын немесе оған күмән келтiретiн нақты деректер болса, дәлелдеме iске қатысты деп танылады.
      4. Егер дәлелдеме Кодексте көзделген тәртiппен алынса, ол жол беруге болатын дәлелдеме деп танылады.
      5. Егер тексеру нәтижесiнде дәлелдеменiң шындыққа сәйкес екендiгi анықталса, ол дұрыс дәлелдеме деп танылады.
      6. Егер дәлелденуге тиiс мән-жайлардың барлығы және әрқайсысы туралы ақиқатты даусыз анықтайтын, iске қатысты жол берiлетiн және дұрыс дәлелдемелердiң бәрi жиналса, дәлелдемелердiң жиынтығы iстiң шешiлуi үшiн жеткiлiктi деп танылады.

36-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IС ЖҮРГIЗУДI
ҚАМТАМАСЫЗ ЕТУ ШАРАЛАРЫН ҚОЛДАНУ

      618-бап. Әкiмшiлiк құқық бұзушылық туралы iс
                жүргiзудi қамтамасыз ету шаралары

      1. Әкiмшiлiк құқық бұзушылықтың жолын кесу, оны жасауға сезiктiнiң жеке басын анықтау, әкiмшiлiк құқық бұзушылық жасалған жерде жасау мүмкiн болмағанда, әкiмшiлiк құқық бұзушылық туралы хаттама жасау, iстiң уақытылы және дұрыс қаралуы мен iс жөнiнде қабылданған қаулының орындалуын қамтамасыз ету мақсатында уәкiлеттi лауазымды адам өз өкiлеттiгi шегiнде жеке адамға қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ететiн мынадай шараларды қолдануға құқылы:
      1) әкiмшiлiк құқық бұзушылық туралы хаттама жасалатын жерге жеткiзу;
      2) жеке адамды әкiмшiлiк түрде ұстау;
      3) алып келу;
      3-1) жүріп-тұру еркіндігін алдын ала шектеу;
      4) жеке тексерiп шығу және көлiк құралын, шағын көлемдi кеменi және заттарды тексерiп шығу;
      5) құжаттар мен заттарды алып қою;
      6) көлiк құралын немесе шағын көлемдi кеменi жүргiзуден шеттету және оның алкогольмен, есiрткiмен, уытқұмарлықпен масаю күйiн куәландыру;
      7) көлiк құралын немесе шағын көлемдi кеменi ұстау, жеткiзу және пайдалануға тыйым салу;
      8) тексеру;
      9) жеке адамның алкогольмен, есiрткiмен немесе уытқұмарлықпен масаю күйiн медициналық куәландыру.
      2. Заңды тұлғаға қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ететiн мынадай шаралар қолданылуы мүмкiн:
      1) заңды тұлғаға тиесiлi үй-жайларды, аумақтарды, сондағы тауарларды, көлiк құралдарын және өзге де мүлiктi, сондай-ақ тиiстi құжаттарды қарап шығу;
      2) заңды тұлғаға тиесiлi құжаттарды алып қою;
      3) заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке тыйым салу немесе алып қою.
      3. Лауазымды адам әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шараларын заңсыз қолданудан келтiрген зиян үшiн жауап бередi.
      4. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шараларын қолдануға осы Кодекстiң 633-бабының ережелерi бойынша шағым жасалуы мүмкiн.
      Ескерту. 618-бапқа өзгерту енгізілді - ҚР 2004.12.09 N 10, 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2010.04.29 № 272-IV Заңдарымен.

      619-бап. Жеткiзу

      1. Құқық бұзушылықтың жолын кесу, құқық бұзушының жеке басын анықтау, сондай-ақ әкiмшiлiк құқық бұзушылық туралы хаттаманың жасалуы не қорғау нұсқамасының шығарылуы мiндеттi болып, оларды сол болған жерiнде жасау мүмкiн болмаса, хаттама жасау не, егер қорғау нұсқамасын шығару мақсатында жеке тұлғаны, заңды тұлғаның өкiлiн мына жағдайларда:
      1) көлiк құралдарын пайдалану ережелерiн, жүрiс тәртiбi мен қауiпсiздiгiн қорғау жөнiндегi ережелердi, көлiкте жүктiң сақталуын қамтамасыз етуге бағытталған ережелердi, өрт қауiпсiздiгi ережелерiн, көлiкте санитариялық-гигиеналық және санитариялық эпидемиологияға қарсы ережелердi бұзғанда, егер оның жеке басын куәландыратын құжаттары және ол туралы қажеттi деректер хабарлауы мүмкiн куәгерлер жоқ болса, сондай-ақ оның көлiк құралына деген қажеттi құжаттары болмаса, уәкiлдiк берiлген адам iшкi iстер органына (полицияға);
      1-1) осы Кодекстің 79-1 және 79-5, 79-6-баптарында көзделген құқық бұзушылықтар жасалғанда - ішкі істер органдары қызметкерлері ішкі істер органына (полицияға);
      2) орман бұзылғанда немесе аң аулау ережелерi, балық аулау және балық қорын қорғау ережелерi бұзылғанда және жануарлар дүниесiн қорғау мен пайдалану туралы заңдар басқаша түрде бұзылғанда - орман және аң шаруашылығы мемлекеттiк және ведомстволық күзетiнiң қызметкерлерi аң аулау ережелерiнiң сақталуына мемлекеттiк қадағалауды жүзеге асыратын органдардың, уәкiлдiк берiлген балық қорғау органдарының уәкiлеттi лауазымды адамдары, жануарлар дүниесiнiң қорғалуы мен пайдаланылуына мемлекеттiк және ведомстволық бақылауды жүзеге асыратын басқа органдардың лауазымды адамдары, қорықтардың және басқа да айрықша қорғалатын табиғи аумақтардың лауазымды адамдары, сондай-ақ iшкi iстер органдарының (полицияның) қызметкерлерi iшкi iстер органдарына (полицияға) немесе жергiлiктi басқару органына;
      3) қорғалатын объектiлерге, басқа да бөтен мүлiкке қол сұғушылықпен байланысты әкiмшiлiк құқық бұзушылық жасалғанда - әскерилендiрiлген күзет қызметкерлерi әскерилендiрiлген күзеттiң қызметтiк үй-жайына немесе iшкi iстер органына (полицияға);
      4) Қазақстан Республикасы Мемлекеттiк шекарасының режимi, шекара және кеден режимдері, Қазақстан Республикасының Мемлекеттік шекарасы және кеден одағының кедендік шекарасы арқылы өткізу пункттеріндегі режим бұзылғанда, Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі әскери қызметшiсiнiң, өзге әскерлер, әскери құралымдар әскери қызметшiлерiнiң, iшкi iстер органдары (полиция) қызметкерiнiң заңды өкiмiне немесе талабына қасақана бағынбағанда – әскери қызметшi, iшкi iстер органдарының (полиция) қызметкерi немесе Қазақстан Республикасының Мемлекеттiк шекарасын қорғау жөнiндегi мiндеттi орындайтын басқа жеке тұлға бөлiмшеге, әскери бөлiмге, Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметіне, iшкi iстер органына (полицияға), жергiлiктi басқару органына;
      5) кеден iсi саласында құқық бұзушылық жасалғанда - кеден органының, iшкi iстер органының (полицияның) қызметкерлерi кеден органының, iшкi iстер органының қызметтiк үй-жайына (полицияға);
      5-1) кәсiпкерлiк қызмет, сауда және қаржы, салық салу, кеден ісі саласында құқық бұзушылықтар жасалғанда – экономикалық тергеу қызметінің қызметкерлерi;
      5-2) күзетiлетiн адамдардың қауiпсiздiгiн қамтамасыз ету жөнiндегi күзет iс-шараларын жүргiзу кезiнде құқық бұзушылықтар жасалғанда - Қазақстан Республикасы Қазақстан Республикасы Мемлекеттік күзет қызметiнiң қызметкерлерi;
      5-3) белгiленген басқару тәртiбiне және мемлекеттiк билiк институттарына қол сұғатын құқық бұзушылықтар, сыбайлас жемқорлық құқық бұзушылықтар жасалғанда – сыбайлас жемқорлыққа қарсы қызмет қызметкерлерi;
      6) өзге де әкiмшiлiк құқық бұзушылық жасалғанда прокурордың тиiстi тапсырмалары немесе әкiмшiлiк құқық бұзушылық туралы хаттамалар толтыруға уәкiлеттi лауазымды адамдар тарапынан тиiстi өтiнiш болған жағдайда - iшкi iстер органдары қызметкерлерi iшкi iстер органына (полицияға) немесе өзге де мемлекеттiк органға жеткiзудi, яғни мәжбүрлеп келтiрудi жүзеге асырады.
      2. Қазақстан Республикасының континенттiк қайраңында, аумақтық суларында (теңізінде) және ішкі суларында құқық бұзушылық жасалған жағдайда кiм екенi жергiлiктi жерде анықталуы мүмкiн емес тәртiп бұзушы, сондай-ақ Қазақстан Республикасының континенттiк қайраңында заңсыз әрекеттi жүзеге асыру үшiн пайдаланылатын, тексеру кезiнде кiмдiкi екенi анықталуы мүмкiн емес кемелер мен әкiмшiлiк құқық бұзушылық жасау құралдары құқық бұзушылықтың жолын кесу үшiн, сондай-ақ тәртiп бұзушының кiм екенiн және ұсталған кемелердiң, құқық бұзушылық жасау құралдарының кiмдiкi екенiн анықтау және әкiмшiлiк құқық бұзушылық туралы хаттама жасау үшiн Қазақстан Республикасының портына (шетел кемелерi - шетел кемелерiнiң келiп кiруiне ашық Қазақстан Республикасы порттарының бiрiне) жеткiзiлуге тиiс.
      3. Жеткiзу мүмкiндiгiнше қысқа мерзiмде жүзеге асырылуға тиiс.
      4. Жеткiзу туралы хаттама жасалады не әкiмшiлiк құқық бұзушылық немесе әкiмшiлiк ұстау туралы хаттамаға тиiстi жазба жазылады.
      Адамды әкімшілік жауаптылыққа тарту үшін оны көзделген мерзімде жеткізуді жүзеге асыру мүмкін болмаған кезде өтініш беруші органның (лауазымды адамның) атына жеткізілмеу себептері көрсетіліп, жазбаша хабарлама жіберіледі.
      Ескерту. 619-бапқа өзгерістер енгізілді - ҚР 2001.07.12 N 240, 2002.08.09. N 346, 2003.12.05 N 506, 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2009.12.04 N 215-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2014 N 233-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      620-бап. Әкiмшiлiк ұстау

      Әкiмшiлiк ұстауды, яғни жеке адамды жеке бас бостандығынан, атап айтқанда, оның құқыққа қарсы әрекеттерiн тыю мақсатында белгiлi бiр уақыт iшiнде арнаулы орында мәжбүрлеп ұстай отырып, iс-әрекет және жүрiп-тұру бостандығынан уақытша айыруды:
      1) ұсақ бұзақылық, ұрып-соғу, отбасы-тұрмыстық қатынастар аясында құқық бұзушылықтар жасаған, iшкi iстер органдарының (полицияның) қызметкерi, қоғамдық тәртіпті қамтамасыз етуге қатысатын адам, әскери қызметшi қоғамдық тәртiптi сақтау жөнiндегi өз мiндеттерiн орындау кезiнде олардың заңды өкiмiне немесе талабына қасақана бағынбаған, сондай-ақ сотты сыйламаушылық танытқан, шетел валютасымен және төлем құжаттарымен заңсыз операциялар жасаған, тауарларды немесе өзге де заттарды заңсыз сатқан, еркiн сатылуына тыйым салынған немесе шек қойылған тауарлармен заңсыз сауда жасаған, авторлық құқық және (немесе) сабақтас құқықтар объектілерінің даналарын сатқан, жалға берген және өзге де жолмен заңсыз пайдаланған, тiркелмей немесе лицензия алмай кәсiпкерлiк қызметтi жүзеге асырған, қоғамдық орындарда алкогольдік iшiмдiктер iшiп немесе қоғамдық орындарда адамның қадiр-қасиетi мен қоғамдық әдептi қорлайтын мас күйде жүрген кезде iшкi iстер органдары (полиция) қызметкерiне немесе өзге де уәкiлеттi лауазымды адамға бағынбаған, өрт қауiпсiздiгi мен жол қозғалысы ережелерi, аң аулау, балық аулау және балық қорларын қорғау ережелерi бұзылған және жануарлар мен өсiмдiктер дүниесiн қорғау және пайдалану туралы заңдар басқаша бұзылған, жиналыстар, митингiлер, шерулер, пикеттер мен демонстрациялар ұйымдастыру мен өткiзу тәртiбi бұзылған, қызметiне тыйым салынған бiрлестiктер құру жөнiнде iс-әрекеттер жасалған және оларға белсендi қатысқан, төтенше жағдай кезiнде режим бұзылған және құқықтық тәртiптi бұзуға арандататын iс-әрекеттер жасалған, қаруды алып жүру мен сақтау ережелерi бұзылған, нысанды киiм мен айырым белгiлерi заңсыз киiлiп, тағылған, бөлiмнен өз бетiмен кеткен жағдайда, сондай-ақ шетелдiктердiң және азаматтығы жоқ адамдардың Қазақстан Республикасында болу тәртiбiн бұзған кезiнде - iшкi iстер органдары (полиция);
      2) төтенше жағдай режимi бұзылған жағдайда және төтенше жағдай кезiнде құқықтық тәртiптi бұзуға арандататын iс-әрекеттер жасалғанда - төтенше жағдай жарияланған жердiң комендатурасы мен әскери сақшылар;
      2-1) терроризмге қарсы операцияның құқықтық режимі бұзылған немесе терроризмге қарсы операцияның жариялануына байланысты белгіленген талаптар орындалмаған кезде - терроризмге қарсы операцияға белгіленген құзыреті шегінде қатысатын лауазымды адамдар;
      3) Мемлекеттік шекара режимі, шекара режимі, Қазақстан Республикасының Мемлекеттік шекарасы арқылы өткізу пункттеріндегі режим бұзылған, Қазақстан Республикасының Мемлекеттік шекарасы арқылы заңсыз алып өткен, Қазақстан Республикасының континенттік қайраңының, аумақтық суларының (теңізінің) және ішкі суларының минералдық және тірі ресурстарын заңсыз берген, әскери қызметшінің Мемлекеттік шекараны күзету жөніндегі өз міндетін орындауға байланысты заңды өкіміне немесе талабына бағынбаған жағдайда – Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі;
      4) күзетiлетiн объектiлерге, басқа да бөтен мүлiкке қол сұғушылыққа байланысты құқық бұзушылық жасалған жағдайда – күзетiлетiн объект орналасқан жердегi аға әскери қызметшi, iшкi iстер органдарының, арнаулы мемлекеттік органдардың қызметкерi, әскерилендiрiлген күзеттiң лауазымды адамы;
      5) балық қорғау органдары, аң аулау ережелерiнiң сақталуына мемлекеттiк қадағалауды жүзеге асыратын органдар мен орман және аң шаруашылығы органдары сақталуын бақылауды жүзеге асыратын ережелер бұзылған жағдайда - осы органдар;
      6) көлік бақылау органдары сақталуын бақылауды жүзеге асыратын ережелер бұзылған жағдайда - осы органдар;
      7) Қазақстан Республикасы Қарулы Күштерінің, басқа да әскерлері мен әскери құралымдарының көлік құралдары жүргізушілері немесе оларды басқаратын басқа да адамдар жол жүрісі қағидаларын бұзған жағдайда – әскери полицияның лауазымды адамдары;
      8) табиғат қорғау заңдары бұзылған жағдайда - қоршаған ортаны қорғау және табиғи ресурстарды, қорықтар мен басқа да ерекше қорғалатын табиғи аумақтарды пайдалану саласындағы мемлекеттiк бақылау органдары;
      9) кәсiпкерлiк қызмет, сауда және қаржы, салық салу, кеден ісі салаларында құқық бұзушылықтар жасалған кезде әкiмшiлiк құқық бұзушылық туралы iстердiң ведомстволық бағыныстылығына сәйкес – мемлекеттік кіріс органдарының лауазымды адамдары;
      9-1) белгіленген басқару тәртiбiне және мемлекеттiк билiк институттарына қол сұғатын құқық бұзушылықтар, сыбайлас жемқорлық құқық бұзушылықтар жасалған кезде әкiмшiлiк құқық бұзушылық туралы iстердiң ведомстволық бағыныстылығына сәйкес – сыбайлас жемқорлыққа қарсы қызметтің лауазымды адамдары;
      10) Қазақстан Республикасының континенттік қайраңында, аумақтық суларында (теңізінде) және ішкі суларында рұқсат етiлген қызметтi регламенттейтiн лицензия шарттарының бұзылуына байланысты континенттік қайраңда, аумақтық суларда (теңізде) және ішкі суларда әкiмшiлiк құқық бұзушылықтар жасалған, ресурстық немесе теңiзде ғылыми зерттеулерді жүргiзу қағидалары бұзылған, қалдықтар мен басқа да материалдарды көму қағидалары бұзылған, Қазақстан Республикасының континенттік қайраңын, аумақтық суларын (теңізін) және ішкі суларын қорғау органдары лауазымды адамдарының кеменi тоқтату жөнiндегi заңды талаптары орындалмаған немесе оның жүзеге асырылуына кедергi жасалған жағдайда – Қазақстан Республикасының мемлекеттiк тау-кен қадағалау органдарының, Ұлттық қауіпсіздік комитеті Шекара қызметінің, геология және жер қойнауын пайдалану жөнiндегi уәкiлеттi органның, қоршаған ортаны және табиғи ресурстарды қорғау жөнiндегi органдардың, балық аулау жөнiндегi республикалық органның лауазымды адамдары;
      11) алып тасталды - ҚР 07.11.2014 № 248-V Заңымен (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi);
      12) егер құқық бұзушылық күзетiлетiн адамдардың қауiпсiздiгiн қамтамасыз ету жөнiндегi күзет iс-шараларын жүргiзу кезiнде жасалса - Қазақстан Республикасы Мемлекеттік күзет қызметiнiң лауазымды адамдары;
      13) сот отырысы кезiнде залда, сондай-ақ атқару құжаттарын мәжбүрлеп орындату барысында құқыққа қарсы iс-әрекеттердi тоқтату туралы талаптар орындалмаған жағдайда - сот приставтары жүзеге асыра алады.
      Ескерту. 620-бапқа өзгерістер енгізілді - ҚР 2001.07.12 N 240, 2003.07.03 N 464, 2003.12.05 N 506, 2004.12.09 N 10, 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.06.22 N 147, 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2009.07.10 N 176-IV, 2009.07.10 N 179-IV, 2009.12.04 N 215-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.04.08 № 266-IV, 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2014 N 233-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      621-бап. Әкiмшiлiк ұстаудың тәртiбi

      1. Әкiмшiлiк ұстау жөнiнде хаттама жасалады. Хаттамада оның жасалған күнi, уақыты және орны; хаттама жасаған адамның лауазымы, аты-жөнi; ұсталған адамның кiм екенi туралы мәлiметтер; ұсталған уақыты, орны және негiзi көрсетiледi. Хаттамаға оны жасаған лауазымды адам мен ұсталған адам қол қояды. Ұсталған адам хаттамаға қол қоюдан бас тартқан жағдайда бұл туралы хаттамада жазылады. Ұстау туралы хаттаманың көшiрмесi әкiмшiлiк құқық бұзушылық жасағаны үшiн ұсталған адамға тапсырылады.
      2. Әкiмшiлiк құқық бұзушылық жасағаны үшiн ұсталған адамның өтiнiшi бойынша оның қайда екендiгi туралы туыстары, жұмыс немесе оқу орнының әкiмшiлiгi, сондай-ақ қорғаушысы хабардар етiледi. Кәмелетке толмаған адамның ұсталуы туралы оның ата-анасына немесе олардың орнындағы адамдарға мiндеттi түрде хабарланады.
      Ескерту. 621-бапқа өзгерту енгізілді - ҚР 2006.01.20 N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңымен.

      622-бап. Әкiмшiлiк ұстау мерзiмдерi

      1. Әкiмшiлiк ұстау осы Кодекстiң 618-бабында көрсетiлген мақсаттарға қол жеткiзу үшiн қажеттi уақыт iшiнде жүзеге асырылады және үш сағаттан ұзақ болмауы керек.
      2. Қазақстан Республикасы Мемлекеттiк шекарасының режимiн, шекара және кеден режимдерін немесе Қазақстан Республикасының Мемлекеттік шекарасы және кеден одағының кедендік шекарасы арқылы өту бекетiндегi режимдi бұзғаны туралы, сондай-ақ Қазақстан Республикасының континенттiк қайраңындағы, аумақтық суларындағы (теңізіндегі) және ішкі суларындағы әкiмшiлiк құқық бұзушылық туралы iс қозғалған адам - қажет болған жағдайларда жеке басын анықтау үшiн және құқық бұзушылықтың мән-жайын анықтау үшiн бұл туралы ұсталған кезден бастап жиырма төрт сағат iшiнде прокурорға жазбаша хабарланып, қырық сегiз сағатқа дейiн ұсталуы мүмкiн. Төтенше жағдай жарияланған жерде коменданттық сағат енгiзiлуiне байланысты белгiленген тәртiптi бұзуға жол берген адамдарды iшкi iстер органдарының қызметкерлерi (полиция) немесе әскери сақшылар коменданттық сағат аяқталғанға дейiн, ал қолдарында құжаттары жоқтарды - олардың кiм екенiн анықтағанға дейiн, бiрақ қырық сегiз сағаттан аспайтын уақытқа ұстай алады.
      3. Әкiмшiлiк айып шараларының бiрi ретiнде әкiмшiлiк қамауға алынатын әкiмшiлiк құқық бұзушылық туралы iс жүргiзу қозғалған адам әкiмшiлiк құқық бұзушылық туралы iс қаралғанға дейiн, бiрақ қырық сегiз сағаттан аспайтын уақытқа әкiмшiлiк ұстауға тартылуы мүмкiн.
      4. Әкiмшiлiк ұстау мерзiмi осы Кодекстiң 619-бабына сәйкес жеке адам жеткiзiлген кезден, ал мас адамға, - медицина қызметкерi оны айықты деп куәландырған уақыттан бастап есептеледi.
      Ескерту. 622-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі) Заңдарымен.

      623-бап. Мерзiмдi есептеу

      1. Осы Кодексте белгiленген мерзiмдер сағатпен, тәулiкпен, айлармен және жылдармен есептеледi.
      2. Мерзiмдi есептеу кезiнде мерзiм басталатын сағат пен тәулiк есепке алынбайды. Бұл ереженiң ұстау кезiндегi мерзiмдi есептеуге қатысы жоқ.
      3. Мерзiмдi есептеу кезiнде оған жұмыстан тыс уақыт та қосылады.
      4. Мерзiм тәулiкпен есептелген кезде мерзiм алғашқы тәулiктiң нөл сағатынан кейiн есептелiп, мерзiмнiң соңғы тәулiгiнiң жиырма төрт сағатында аяқталады.
      5. Мерзiм айлармен немесе жылдармен есептелген кезде мерзiм соңғы айдың тиiстi күнiнде аяқталады, ал егер бұл айда тиiстi күн жоқ болса, мерзiм осы айдың соңғы күнi аяқталады. Әкiмшiлiк ұстау мен әкiмшiлiк қамауға алу кезiнде мерзiмдi есептеу жағдайларын қоспағанда, егер мерзiмнiң аяқталуы жұмыс iстемейтiн (демалыс, мереке) күнге тура келсе, онда одан кейiнгi бiрiншi жұмыс күнi мерзiмнiң соңғы күнi болып есептеледi.

      624-бап. Әкiмшiлiк ұстауға тартылған адамдарды
               ұстау орны мен тәртiбi

      1. Әкiмшiлiк ұстауға тартылған адамдар арнайы осыған бөлiнген, санитария талаптарына сәйкес келетiн және оларды өз еркiмен тастап кету мүмкiндiгiн болдырмайтын үй-жайларда ұсталады.
      2. Әкiмшiлiк ұстауға тартылған адамдарды ұстаудың талаптарын, ондай адамдарды тамақтандыру нормасы мен оларға медициналық қызмет көрсету тәртiбiн атқарушы билiк органдары белгiлейдi.
      3. Өздерiне қатысты әкiмшiлiк ұстау қолданылған кәмелетке толмағандар ересек адамдардан бөлек ұсталады.

      625-бап. Алып келу

      1. Осы Кодекстiң 618-бабында көзделген жағдайларда, өздерiне қатысты әкiмшiлiк iс жүргiзiлiп жатқан жеке тұлғаны не заңды тұлғаның өкiлiн, әкiмшiлiк жауаптылыққа тартылушы кәмелетке толмаған адамның заңды өкiлiн алып келу жүргізіледі.
      2. Алып келудi қаржы полициясы органдары қарайтын әкiмшiлiк құқық бұзушылықтар туралы iстер бойынша тиiсiнше Қазақстан Республикасының Iшкi iстер министрлiгi мен Экономикалық және сыбайлас жемқорлық қылмыстарға қарсы күрес жөнiндегi агенттiгi (қаржы полициясы) белгiлеген тәртiппен әкiмшiлiк құқық бұзушылық туралы iстi қарап жатқан судьяның, органның (лауазымды адамның) ұйғарымы негiзiнде iшкi iстер және қаржы полициясы органдары жүргiзедi.
      Ескерту. 625-бапқа өзгеріс енгізілді - ҚР 2004.12.09 N 10, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      625-1-бап. Жүріп-тұру еркіндігін алдын ала шектеу

      1. Жүріп-тұру еркіндігін алдын ала шектеу белгілі бір тұрғылықты орны және (немесе) жеке басын куәландыратын құжаттары жоқ адамдарға қатысты, оның іс-әрекеттерінде әкімшілік құқық бұзушылықтардың және қылмыстың белгілері болмаған және оның жеке басын анықтаудың өзге тәсілдері мүмкін болмаған кезде жеке профилактика шарасы болып табылады.
      2. Жүріп-тұру еркіндігін алдын ала шектеуді сот санкциясымен ішкі істер органдары қолданады және адамды ішкі істер органдарының арнаулы мекемесінде отыз тәулікке дейінгі мерзімде уақытша оқшаулаудан тұрады.
      3. Жүріп-тұру еркіндігін алдын ала шектеуді қолданудың тәртібі мен шарттары, сондай-ақ ішкі істер органдарының арнаулы мекемесінен босатудың негіздері Қазақстан Республикасының заңнамасымен айқындалады.
      Ескерту. Кодекс 625-1-баппен толықтырылды - ҚР 2010.04.29 № 272-IV Заңымен.

       626-бап. Адамның жеке басын тексеру және оның
               қолындағы заттарды тексеру

      1. Адамның жеке басын тексеру, оның қолындағы заттарды тексеру қажет болған жағдайларда әкiмшiлiк құқық бұзушылық жасау құралдарын не нысанасын табу мақсатында жүргiзiледi.
      2. Жеке басын тексерудi осы Кодекстiң 620-бабында тiзiп келтiрiлген лауазымды адамдар жүргiзедi.
      3. Жеке басын тексерудi тексерiлушiмен бiр жыныстағы адам және осы жыныстас екi куәгердiң қатысуымен жүргiзе алады.
      4. Жеке адамның қолындағы заттарды (қол жүгiн, теңдеме жүктi, аң және балық аулау құралдарын, олжалаған өнiмi мен өзге де заттарды) тексерiп қарауды, яғни олардың құрылғылық тұтастығын бұзбай жүзеге асырылатын тексерудi осы Кодекстiң 620-бабында тiзiп келтiрiлген, оған уәкiлеттi лауазымды адамдар осы заттарды меншiктенушi немесе иеленушi адамның қатысуымен және екi куәгердiң қатысуымен жүргiзедi.
      5. Жеке адамның қолында айналасындағылардың өмiрi мен денсаулығына зиян келтiру үшiн пайдаланылуы мүмкiн қару немесе өзге заттар бар деуге негiз болған ерекше жағдайларда жеке басын тексеру, заттарын тексеру бұл туралы жиырма төрт сағат iшiнде прокурорға хабарланып, куәларсыз жүргiзiлуi мүмкiн.
      6. Қажет болған жағдайларда фотоға және киноға түсiру, бейнежазба жүргiзiледi, заттай дәлелдемелердi көрсетудiң белгiленген өзге де әдiстерi қолданылады.
      7. Адамның жеке басын тексеру, оның қолындағы заттарды тексеру жөнiнде хаттама жасалады. Адамның жеке басын тексеру жөнiндегi хаттаманың көшiрмесi өзiне қатысты iс жүргiзiлiп жатқан адамға, оның заңды өкiлiне тапсырылады. Хаттамада оның жасалған күнi мен орны, хаттаманы жасаған адамның лауазымы, аты-жөнi, жеке басы тексерiлген адам, заттардың түрi, саны, өзге де тақылеттестiк белгiлерi туралы, соның iшiнде қарудың тұрпаты, маркасы, үлгiсi, калибрi, сериясы, нөмiрi, белгiлерi, оқ-дәрiлер саны және түрi, арнайы жедел iздестiру шараларын жүргiзуге арналған арнайы техникалық құралдар және ақпаратты қорғаудың криптографиялық құралдары туралы мәлiметтер көрсетiледi.
      8. Тексеру хаттамасында фото- және кино түсiрiлiмiнiң, бейнежазбаның, құжаттарды көрсетудiң өзге де әдiстерiнiң қолданылғаны туралы жазба жасалады. Фото- және кино түсiрiлiмдерiн, бейнежазбаны, заттай дәлелдемелердi көрсетудiң өзге де белгiленген құралдарын қолданып, тексеру жүргiзу кезiнде алынған материалдар тиiстi хаттамаға қоса тiркеледi.
      9. Адамның жеке басын тексеру, заттарды тексеру хаттамасына оны жасаған лауазымды адам, жеке басы тексерiлген адам, тексерiлген заттар иесi, куәгерлер қол қояды. Жеке басы тексерiлген адам, тексерiлген заттар иесi хаттамаға қол қоюдан бас тартқан жағдайда, хаттамаға тиiстi жазба жасалады.
      Ескерту. 626-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       627-бап. Көлiк құралдарын, шағын көлемдi кемелердi
               тексеру

      1. Көлiк құралдарын, шағын көлемдi кемелердi тексеру әкiмшiлiк құқық бұзушылық жасау құралдарын не нысанасын табу мақсатында жүргiзiледi.
      2. Көлiк құралдарын, шағын көлемдi кемелердi тексерудi, яғни құрылғылық тұтастығын бұзбай жүзеге асырылатын тексерудi екi куәгердiң қатысуымен уәкiлдiк берiлген осы Кодекстiң 620-бабында тiзiп келтiрiлген лауазымды адамдар жүргiзедi.
      Ерекше жағдайларда (жету қиындық тудыратын жерлерде, тиісті қатынас құралдары болмаған кезде немесе басқа да объективті себептерге байланысты жеке тұлғаларды куәгерлер ретінде тартуға мүмкіндік болмағанда) көлік құралдарын, шағын көлемді кемелерді тексеру, яғни құрылымдық тұтастығын бұзбай жүзеге асырылатын зерттеу куәгерлердің қатысуынсыз, бірақ бұл ретте оның барысы мен нәтижелерін айғақтап көрсететін техникалық құралдар қолданыла отырып жүргізілуі мүмкін.
      3. Көлiк құралдарын, шағын көлемдi кемелердi тексеру оларды иеленушi адамдардың не оның өкiлiнiң немесе заңды негiзде көлiк құралдарын, шағын көлемдi кемелердi жүргiзетiн адамның қатысуымен жүргiзiледi. Кейiнге қалдыруға болмайтын жағдайларда, оларға аталған адамдардың қатысуынсыз-ақ тексеру жүргiзiлуi мүмкiн.
      4. Қажет болған жағдайларда көлiк құралдары мен шағын көлемдi кемелердi тексеру кезiнде анықталған заттарды көрсету мақсатында фотоға, киноға түсiрiлiп, бейнежазба жасалады.
      5. Көлiк құралдарын, шағын көлемді кемелердi тексеру туралы хаттама жасалады. Бұл хаттаманың көшiрмесi тексерiлген көлiк құралдарын, шағын көлемдi кемелердi иеленушi адамға не оның өкiлiне немесе заңды негiзде көлiк құралын, шағын көлемдi кеменi жүргiзетiн адамға тапсырылады.
      6. Көлiк құралдарын, шағын көлемдi кемелердi тексеру хаттамасында оның жасалған күнi мен орны, хаттама жасаған адамның лауазымы, аты-жөнi, тексерiлген көлiк құралын, шағын көлемдi кеменi иеленушi адамның жеке басы туралы мәлiметтер, көлiк құралының, шағын көлемдi кеменiң тұрпаты, маркасы, үлгiсi, мемлекеттiк тiркеу нөмiрi, өзге де тақылеттестiк белгiлерi туралы мәлiметтер көрсетiледi.
      7. Тексеру хаттамасында фото- және кино түсiрiлiмдерi, бейнежазба, құжаттарды көрсетудiң белгiленген өзге де әдiстерi қолданылғаны туралы жазба жасалады. Фото- және кино түсiрiлiмдерiн, бейнежазба, заттай дәлелдемелердi көрсетудiң белгiленген өзге де құралдарын қолданып, тексеру жүргiзу кезiнде алынған материалдар тиiстi хаттамаға қоса тiркеледi.
      8. Көлiк құралдарын, шағын көлемдi кемелердi тексеру хаттамасына оны жасаған лауазымды адам, өзiне қатысты iс жүргiзiлiп жатқан адам, тексеру жүргiзiлген көлiк құралының, шағын көлемдi кеменiң иесi не оның өкiлi қол қояды. Өзiне қатысты iс жүргiзiлiп жатқан адам, тексеру жүргiзiлген көлiк құралының, шағын көлемдi кеменiң иесi, оның өкiлi хаттамаға қол қоюдан бас тартқан жағдайда хаттамаға тиiстi жазба жасалады.
      Ескерту. 627-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       627-1-бап. Тексеру

      Әкiмшiлiк құқық бұзушылықтың iздерiн, өзге де материалдық объектiлердi, сондай-ақ әкiмшiлiк құқық бұзушылық туралы хаттаманы толтыру үшiн маңызы бар мән-жайларды анықтау мақсатында уәкiлеттi лауазымды адам өз өкiлеттiктерi шегiнде сол жердi, заттарды, құжаттарды, тiрi адамдарды тексеруге құқылы.
      Ескерту. 627-1-баппен толықтырылды - Қазақстан Республикасының 2004.12.09. N 10 Заңымен.

       627-2-бап. Тексеру жүргiзудiң жалпы ережелерi

       1. Тексеру, әдетте, қажеттiлiк туындаған жағдайда дереу жүргiзiледi . Тексеру жүргiзiлгенi туралы хаттама толтырылады. Хаттамада оның жасалған күнi мен орны, хаттаманы жасаған адамның лауазымы, тегi, аты-жөнi, тексерiлген адам, заттардың түрi, саны, өзге де ұқсас белгiлерi туралы, соның iшiнде қарудың тұрпаты, маркасы, үлгiсi, калибрi, сериясы, нөмiрi, белгiлерi, оқ-дәрiлердiң, арнайы жедел iздестiру iс-шараларын жүргiзуге арналған арнайы техникалық құралдардың және ақпаратты қорғаудың криптографиялық құралдарының саны мен түрi туралы мәлiметтер көрсетiледi.
      Тексеру хаттамасына оны жасаған лауазымды адам, тексерiлген адам, тексерiлген заттардың иесi, куәгерлер қол қояды. Тексеруге жатқызылған адам, тексерiлген заттар иесi хаттамаға қол қоюдан бас тартқан жағдайда, оған тиiстi жазба жасалады.
      2. Тiрi адамдарды тексерудi осы Кодекстiң 620-бабында аталған лауазымды адамдар жүргiзедi. Тiрi адамдарды тексерудi тексерiлушiмен жынысы бiрдей адам және жынысы осындай екi куәгердiң қатысуымен жүргiзедi.
      Тiрi адамның заттарын тексерудi, яғни олардың құрылымдық тұтастығын бұзбай жүзеге асырылатын тексерудi осы Кодекстiң 620-бабында аталған, оған уәкiлеттi лауазымды адамдар осы заттарды меншiктенушi немесе иеленушi адамның қатысуымен және екi куәгердiң қатысуымен жүргiзедi.
      Тiрi адамда айналадағылардың өмiрi мен денсаулығына зиян келтiру үшiн пайдаланылуы мүмкiн қару немесе өзге заттар бар деуге негiз болған ерекше жағдайларда оның жеке басын тексеру, заттарын тексеру бұл туралы жиырма төрт сағат iшiнде прокурорға хабарланып, куәгерлерсiз жүргізілуі мүмкiн.
      3. Осы баптың 2-бөлiгiнде көрсетiлгендердi қоспағанда, орындарды, заттарды, құжаттарды тексеру, куәгерлердiң қатысуымен жүргiзiледi. Ерекше жағдайларда (жету қиындық тудыратын жерлерде, тиiстi байланыс құралдары болмаған кезде немесе басқа объективтi себептерге байланысты жеке тұлғаларды куәгерлер ретiнде тартуға мүмкiндiк болмағанда) тексеру куәгерлердiң қатысуынсыз, бiрақ бұл ретте оның барысы мен нәтижелерiн айғақтап көрсететiн техникалық құралдар қолданыла отырып жүргiзiледi.
      4. Қажет болған жағдайда тексеру құқық бұзушының, жәбірленушiнiң, куәлердiң, сондай-ақ маманның қатысуымен жүргiзiледi.
      5. Табылған iздер мен өзге де материалдық объектiлердi тексеру әкiмшiлiк құқық бұзушылық жасалған жерде жүзеге асырылады. Егер тексеру үшiн қосымша уақыт қажет болса немесе табылған затты сол жерде тексеруге елеулi қиындықтар туындайтын болса, объектiлер алып қойылуы және буып-түйiлген, мөр басылған күйiнде, зақым келтiрiлмей, тексеруге қолайлы жерге жеткiзiлуi мүмкiн.
      6. Тексеру кезiнде барлық табылған және алып қойылған заттар куәгерлерге, басқа да тексеруге қатысушыларға көрсетiлуге тиiс, ол жөнiнде хаттамаға белгi қойылады.
      7. Іске қатысы бар объектiлер ғана алып қойылуға тиiс. Алып қойылған объектiлер буып-түйiлiп, мөр басылады және уәкiлеттi лауазымды адам мен куәгерлердiң қол қоюы арқылы расталады.
      8. Тексеруге қатысушы адамдар олардың пiкiрiнше iстiң мән-жайын анықтауға септiгiн тигiзуi мүмкiн дегеннiң бәрiне уәкiлеттi лауазымды адамның назарын аударуға құқылы.
      9. Қажет болған жағдайларда тексеру кезiнде тексерiлетiн объектiлер өлшенедi, олардың жоспарлары мен сызбалары жасалады, сондай-ақ суретке түсiрiледi және өзге де құралдармен түсiрiлiп алынады, ол туралы хаттамаға белгi жасалып, оған аталған материалдар қоса тiркеледi.
      10. Тексеру хаттамасының көшірмесі өзіне қатысты іс жүргізіліп жатқан адамға не оның өкіліне тапсырылады.
      Ескерту. 627-2-бап жаңа редакцияда - ҚР 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді); өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       628-бап. Жеке адамның қолындағы заттар мен құжаттарды
               алып қою

      1. Құқық бұзушылық жасалған жерде не осы Кодекстiң 618-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шараларын қолдану кезiнде табылған құқық бұзушылық құралы не нысанасы болып табылатын құжаттар мен заттарды алып қоюды iс жүргiзудi қамтамасыз етудiң тиiстi шараларын қолдануға уәкiлеттi лауазымды адамдар екi куәгердiң қатысуымен жүзеге асырады.
      Ерекше жағдайларда (жету қиындық тудыратын жерлерде, тиісті қатынас құралдары болмаған кезде немесе басқа да объективті себептерге байланысты жеке тұлғаларды куәгерлер ретінде тартуға мүмкіндік болмағанда) құқық бұзушылық жасалған орында табылған құқық бұзушылық құралдары болатын не осы Кодекстің 618-бабында көзделген әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізуді қамтамасыз ету шараларын қолдану кезінде құжаттар мен заттарды алып қою куәгерлердің қатысуынсыз, бірақ бұл ретте оның барысы мен нәтижелерін айғақтап көрсететін техникалық құралдар қолданыла отырып жүргізілуі мүмкін.
      2. Заттар мен құжаттарды алып қою туралы хаттама жасалып, оның көшiрмесi өзiне қатысты iс жүргiзiлiп жатқан адамға немесе оның өкiлiне тапсырылады не әкiмшiлiк құқық бұзушылық туралы хаттамаға тиiстi жазба жасалады.
      3. Құжаттар мен заттарды алып қою туралы хаттамада (әкiмшiлiк құқық бұзушылық туралы хаттамада) алып қойылған құжаттардың түрi мен реквизиттерi, алып қойылған заттардың түрi, саны, өзге де тақылеттестiк белгiлерi туралы, соның iшiнде алып қойылған қарудың тұрпаты, маркасы, үлгiсi, калибрi, сериясы, нөмiрi, өзге де тақылеттестiк белгiлерi, оқ-дәрiлердiң саны мен түрi, арнаулы жедел iздестiру шараларын өткiзуге арналған арнаулы техникалық құралдар және ақпаратты қорғаудың криптографиялық құралдары туралы мәлiметтер болады.
      4. Хаттамаға оны жасаған лауазымды адам, тиiстi құжаттары мен заттары алып қойылған адам, куәгерлер қол қояды. Өзiнен тиiстi құжаттары мен заттары алып қойылған адам хаттамаға қол қоюдан бас тартқан жағдайда хаттамаға тиiстi жазба жасалады.
      5. Алып қойылған заттар мен құжаттар әкiмшiлiк құқық бұзушылық туралы iс қаралғанға дейiн алып қоюды жүргiзген лауазымды адам белгiлейтiн орындарда тиiстi уәкiлеттi мемлекеттiк орган
белгiлейтiн тәртiппен сақталады.
      6. Алып қойылған атыс қаруы мен өзге де қару, сондай-ақ оқ-дәрiлер, арнаулы жедел iздестiру шараларын өткiзуге арналған арнайы техникалық құралдар және ақпаратты қорғаудың криптографиялық құралдары Қазақстан Республикасының Iшкi iстер министрлiгi белгiлейтiн тәртiппен сақталады.
      7. Iс қаралғаннан кейiн шығарылған қаулыға сәйкес алып қойылған құжаттар мен заттар олардың иесiне қайтарылады немесе тәркiленедi, немесе сатылады, немесе сақталады, немесе белгiленген тәртiппен жойылады.
      Жол жүрісі саласындағы әкімшілік құқық бұзушылық туралы істер бойынша алып қойылған құжаттар іс бойынша қабылданған қаулы орындалғанға дейін сақталады.
      7-1. Жол жүрісі ережелерін білуін тексеруге жіберу туралы қаулы бойынша алып қойылған жүргізуші куәлігі немесе көлік құралын жүргізуге құқық беретін жүргізуші куәлігінің орнына берілген куәлік, иесі жол жүрісі ережелерін білуін тексеруге арналған емтиханды тапсырған жағдайда жүргізушіге қайтарылады.
      Жүргізуші емтиханға жіберу туралы қаулыны алған күннен бастап екі ай ішінде жол жүрісі ережелерін білуін тексеруге арналған емтихан тапсырмаған жағдайда, қаулы шығарған лауазымды адам Қазақстан Республикасының жол жүрісі қауіпсіздігі саласындағы заңнамасында көзделген шараларды қолданады.
      Алып қойылған жүргізуші куәлігінің орнына жүргізушіге уәкілетті орган белгілеген нысан бойынша уақытша куәлік беріледі.
      8. Алып қойылған орден, медаль, Қазақстан Республикасының, Қазақ КСР-iнiң, КСРО-ның және басқа да мемлекеттердiң құрметтi атағының омырауға тағатын белгiсi олардың заңды иесiне қайтарылады, ал егер ол белгiсiз болса, Қазақстан Республикасы Президентiнiң Әкiмшiлiгiне жiберiледi.
      Ескерту. 628-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506 , 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      629-бап. Көлiк құралын, кемені, оның ішінде шағын көлемдi
                кеменi жүргiзуден шеттету және мас күйiн
                куәландыру

      Ескерту. 629-баптың тақырыбына өзгеріс енгізілді - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi жүргiзетiн жүргiзушi, кеме жүргiзушi, ол мас күйде деуге жеткiлiктi негiздер болса, көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi жүргiзуден шеттетiлiп, мас күйiн куәландыруға жатады.
      2. Көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi жүргiзуден шеттетудi, мас күйiн куәландыруды және медициналық куәландыруға жiберудi, тиiсiнше, жол полициясы, Қазақстан Республикасы Қарулы Күштерiнiң және көлiк бақылау органдарының көлiк құралын жүргiзушi адам құқық бұзушылық жасаған жағдайда - әскери автомобиль полициясының лауазымды адамдары жүргiзедi.
      Жол полициясының лауазымды адамдарымен қатар мас күйде деуге жеткiлiктi негiздер бар жүргiзушiнi көлiк құралын жүргiзуден шеттетуге полицияның учаскелiк инспекторларының, одан басқа бұл жағдайда тәртiп бұзушылық фактiсiн құжатпен бекiтуге және жүргiзушi мен көлiк құралын таяу жердегi iшкi iстер органына жеткiзу жөнiнде шаралар қолдануға мiндеттi iшкi iстер органдарының басқа да қызметкерлерiнiң құқығы бар.
      3. Мас күйiн куәландыруға жiберу, мас күйiн куәландыру және оның нәтижелерiн ресiмдеу Қазақстан Республикасының Үкiметi белгiлеген тәртiппен жүргiзiледi. Жүргiзушi, кеме жүргiзушi куәландыру нәтижелерiмен келiспеген жағдайда ол медициналық куәландыруға медициналық мекемеге жiберiледi.
      4. Көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi жүргiзуден шеттету туралы, мас күйiн куәландыру үшiн әкiмшiлiк құқық бұзушылық туралы хаттамаға белгi жасалады.
      5. Әкiмшiлiк құқық бұзушылық туралы хаттамада куәландырудан өткiзу үшiн көлік құралын, кемені, оның ішінде шағын көлемді кемені басқарудан шеттетiлген күнi, уақыты, орны, негiздерi көрсетiледi. Хаттаманың көшiрмесi өзiне қатысты iс жүргiзiлiп жатқан адамға не оның заңды өкiлiне тапсырылады.
      6. алып тасталды - 2006.01.20. N 123 Заңымен
      7. Мас күйiн куәландыру актiсi тиiстi хаттамаға қоса тiркеледi.
      Ескерту. 629-бапқа өзгеріс енгізілді - ҚР 2003.12.05 N 506, 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      630-бап. Көлiк құралын, кемені, оның ішінде шағын көлемдi
                кеменi ұстау, жеткiзу және пайдалануға тыйым
                салу

      Ескерту. 630-баптың тақырыбына өзгеріс енгізілді - ҚР 04.07.2013 № 132-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      1. Осы Кодекстің 283-285, 287, 289, 297, 298, 298-1, 302-306, 447, 447-1, 447-2, 447-3, 447-4, 451, 453, 457, 460, 461 (екінші, үшінші және 3-1-бөліктерінде), 463 (екiншi, үшiншi, 3-1, 3-2 және 3-3-бөлiктерiнде), 463-4 (үшінші – алтыншы бөліктерінде), 467, 470 (бірінші, екінші, төртінші, бесінші бөліктерінде), 471 (бірінші, үшінші – он бірінші бөліктерінде), 514 (461-471-баптарда көзделген құқық бұзушылықтар бөлігінде)-баптарында аталған бұзушылықтар жасалған кезде, осы баптың екінші бөлігінде аталған уәкілетті лауазымды адам көлік құралдарын, кемелерді, оның ішінде шағын көлемді кемені уақытша сақтау үшін оларды арнаулы алаңдарға, тұрақтарға немесе стационарлық көліктік бақылау бекетіне іргелес жатқан алаңдарға, оның ішінде басқа көлік құралын (эвакуаторды), кемені немесе шағын көлемді кемені пайдалана отырып жеткізу арқылы ұстау себептері жойылғанға дейін ұстауға, жеткізуге және пайдалануға тыйым салуға құқылы;
      осы Кодекстің 461 (бірінші, төртінші - сегізінші бөліктерінде), 463-4 (бірінші және екінші бөліктерінде), 468, 469-баптарында аталған бұзушылықтар жасалған кезде, осы баптың екінші бөлігінде аталған уәкілетті лауазымды адам көлік құралын пайдалануға тыйым салу себептері жойылғанға дейін мемлекеттік тіркеу нөмірінің белгілерін алып қою арқылы көлік құралдарын пайдалануға тыйым салуға құқылы.
      осы Кодекстің 447-2447-4463 (екінші, үшінші және 3-1-бөліктерінде)-баптарында көрсетілген құқық бұзушылықтар жасалған кезде, осы баптың екінші бөлігінде аталған уәкілетті лауазымды адам шетелдіктерге немесе шетелдік заңды тұлғаларға тиесілі көлік құралдарын, оларды уақытша сақтау үшін арнайы алаңдарға, тұрақтарға немесе стационарлық көліктік бақылау бекетіне іргелес жатқан алаңдарға жеткізу арқылы, оның ішінде басқа көлік құралын (эвакуаторды) пайдалана отырып жеткізу арқылы әкімшілік жаза қолдану туралы қаулы орындалғанға дейін ұстауға, жеткізуге және пайдалануға тыйым салуға құқылы.
      Көлiк құралын уақытша сақтау үшiн арнаулы алаңдарға, тұрақтарға немесе стационарлық көліктік бақылау бекетіне іргелес жатқан алаңдарға жеткiзу (эвакуациялау) көлiк құралдарын жүргiзушiлер тоқтау немесе тоқтап тұру ережелерiн бұзған және өздерi сол жерде болмаған жағдайларда, сондай-ақ жүргiзушiлердiң қайда екенiн анықтау мүмкiн болмаса, олар жолда қараусыз қалдырған көлiк құралдарына қатысты да қолданылуы мүмкiн.
      2. Көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi ұстауды, жеткiзудi және пайдалануға тыйым салуды жол полициясының, Қазақстан Республикасы Қарулы Күштерiнiң көлiк құралын жүргiзушi адам әкiмшiлiк құқық бұзушылық жасаған жағдайда әскери автомобиль полициясының, өз өкiлеттiктерi шегiнде көлiк бақылау органдарының, орман және аңшылық шаруашылығы, ерекше қорғалатын табиғи аумақтар, балық қорғау органдарының (орман, балық, аңшылық шаруашылығы, ерекше қорғалатын табиғи аумақтар саласындағы заңдарды бұзған кезде) лауазымды адамдары жүргiзедi.
      3. Көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi ұстау, жеткiзу және пайдалануға тыйым салу туралы белгіленген нысандағы акт жасалып, әкiмшiлiк құқық бұзушылық туралы хаттамаға қоса тiркеледi.
      Пайдалануға тыйым салынатын ақауы бар немесе тиiстi рұқсатсыз қайта жабдықталған немесе белгiленген тәртiппен тiркелмеген немесе мемлекеттiк немесе міндетті техникалық тексеруден өтпеген, сол сияқты мемлекеттiк тiркеу нөмiрлiк белгiлерi жоқ не жасырын, қолдан жасалған немесе ұлттық стандартқа сай емес нөмiрлiк белгiлерi бар көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi пайдалануға тыйым салынады.
      4. Ұсталған көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi сақтау жергiлiктi атқарушы органдардың шешiмi бойынша құрылатын және коммуналдық меншiк болып табылатын арнаулы алаңдарда немесе тұрақтарда жүзеге асырылады.
      Ескерту. 630-бапқа өзгерістер енгізілді - ҚР 2003.06.03 N 428 , 2003.07.03 N 464 , 2003.12.05 N 506 , 2004.12.09 N 10 , 2005.10.21 N 80 , 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.01.24 N 399-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      631-бап. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды,
               тауарларды, өзге де мүлiктi, сондай-ақ тиiстi
               құжаттарды тексеру

      1. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды, тауарларды, өзге де мүлiктi, сондай-ақ тиiстi құжаттарды тексерудi осы Кодекстiң 636-бабына сәйкес заңды тұлғалардың әкiмшiлiк құқық бұзушылығы туралы хаттамалар жасауға уәкiлеттi лауазымды адамдар жүргiзедi.
      2. Тексеру заңды тұлға өкiлiнiң және екi куәгердiң қатысуымен жүргiзiледi.
      3. Тексеру жүргiзiлгенi туралы хаттама жасалады. Хаттаманың көшiрмесi өзiне қатысты iс жүргiзiлiп жатқан заңды тұлғаның өкiлiне тапсырылады.
      4. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды, тауарларды, өзге де мүлiктi, сондай-ақ тиiстi құжаттарды тексеру хаттамасында оның жасалған күнi мен орны, хаттама жасаған адамның лауазымы, тегі және аты-жөнi, тиiстi заңды тұлға туралы, сондай-ақ оның өкiлiнің не өзге қызметкерiнің жеке басы туралы мәлiметтер, тексерiлген аумақтар мен үй-жайлар, тауарлар мен басқа да заттардың түрлерi, саны, өзге де сәйкестік белгiлерi, құжаттардың түрлерi мен деректемелері туралы мәлiметтер көрсетiледi.
      5. Тексеру хаттамасында оны жүргiзу барысында фото- және кино түсiрiлiмдерi, бейнежазбалар, құжаттарды көрсетудiң өзге де белгiленген әдiстерi қолданылғаны туралы жазба жасалады. Фото-, кино түсiрiлiмдерiнiң, бейнежазбаларды, заттай дәлелдемелердi көрсетудiң өзге де белгiленген құралдарын қолдану нәтижесiнде алынған материалдар тиiстi хаттамаға қоса тiркеледi.
      6. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды, тауарларды, өзге де мүлiктi, сондай-ақ тиiстi құжаттарды тексеру хаттамасына оны жасаған лауазымды адам, оның өкiлi не кейiнге қалдыруға болмайтын жағдайларда заңды тұлғаның өзге қызметкерi, сондай-ақ куәгерлер қол қояды. Аталған заңды тұлғаның өкiлi немесе өзге қызметкерi хаттамаға қол қоюдан бас тартқан жағдайда онда тиiстi жазба жасалады.
      Ескерту. 631-бапқа өзгерту енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      632-бап. Заңды тұлғаға тиесiлi құжаттар мен мүлiктi
               алып қою

      Әкiмшiлiк құқық бұзушылық жасалған жерде не заңды тұлғаға тиесiлi аумақтарға, үй-жайларға, көлiк құралдарына, тауарларға, өзге де мүлiкке тексеру жүргiзу кезiнде табылған әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болған, заңды тұлғаға тиесiлi құжаттарды, тауарларды, өзге де мүлiктi, заттарды алып қоюды осы Кодекстiң 620-бабында аталған лауазымды адамдар, сондай-ақ осы Кодекстің 177-3, 177-4, 177-5, 317-1-баптары бойынша әкімшілік құқық бұзушылық туралы хаттама жасауға құқығы бар уәкілетті лауазымды адамдар жүзеге асырады. Заңды тұлғаға тиесiлi құжаттарды, тауарларды, өзге де мүлiктi алып қоюды, сондай-ақ оларды сақтауды ресiмдеу осы Кодекстiң 628-бабында белгiленген тәртiппен жүзеге асырылады.
      Ескерту. 632-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.07.27 N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз) Заңдарымен.

      632-1-бап. Заңды тұлғаға тиесiлi тауарларға, көлiк
                 құралдарына және өзге де мүлiкке тыйым салу

      1. Заңды тұлғаға тиесілі әкімшілік құқық бұзушылық жасау құралдары не нысанасы болған тауарларға, көлiк құралдарына және өзге де мүлiкке тыйым салу өзiне қатысты әкiмшiлiк құқық бұзушылық туралы, оларға билік етуге (ал қажет болған жағдайларда пайдалануға да) тыйым салынғаны туралы iс жүргiзудi қамтамасыз етудiң осы шарасы қолданылған заңды тұлғаның өкiлiне хабарлана отырып, аталған тауарлардың, көлiк құралдарының және өзге де мүлiктiң тiзiмдемесi болып табылады және, егер осы тауарларды, көлiк құралдарын және өзге де мүлiктi алып қою мүмкiн болмаған және (немесе) олардың сақталуын алып қоймай қамтамасыз ету мүмкiн болатын жағдайда қолданылады. Тыйым салынған тауарлар, көлiк құралдары және өзге де мүлiк тыйым салған лауазымды адам тағайындаған басқа да адамдардың жауапкершілікпен сақтауына берiлуi мүмкiн.
      2. Заңды тұлғаға тиесiлi тауарларға, көлік құралдарына және өзге де мүлікке тыйым салуды, тауар, көлік құралы және өзге де мүлік иесi мен екі куәгердiң қатысуымен осы Кодекстiң 620-бабында, 636-бабының бiрiншi бөлiгiнде аталған уәкiлеттiк берiлген лауазымды адамдар жүзеге асырады.
      Кейiнге қалдыруға болмайтын жағдайларда, тауарларға, көлік құралдарына және өзге де мүлiкке тыйым салу олардың иесiнiң қатысуынсыз жүзеге асырылуы мүмкiн.
      3. Қажет болған жағдайларда фотоға және киноға түсiру, бейнежазба қолданылады.
      4. Заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке тыйым салу туралы хаттама жасалады. Заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке тыйым салу туралы хаттамада оның жасалған күнi мен орны, хаттама жасаған адамның лауазымы, аты-жөнi, өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс жүргiзудi қамтамасыз етудiң осы шарасы қолданылған заңды тұлға туралы және иелiгiнде тыйым салынған тауарлар, көлiк құралдары және өзге де мүлкi бар адам туралы мәлiметтер, олардың тiзiмдемесi және бiрдейлендiру белгiлерi көрсетiледi, сондай-ақ фотоға және киноға түсiру, бейнежазба қолданылғаны туралы жазба жасалады. Фотоға және киноға түсiру, бейнежазба қолданып тыйым салуды жүзеге асыру кезiнде алынған материалдар хаттамаға қоса тiркеледi.
      5. Тыйым салынған тауарлар, көлiк құралдары және өзге де мүлiк қажет болған жағдайларда буып-түйiледi және (немесе) оларға сүргiш салынады.
      6. Заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке тыйым салу туралы хаттаманың көшiрмесi өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз етудiң осы шарасы қолданылған заңды тұлғаның өкiлiне тапсырылады.
      7. Заңды тұлғаға тиесiлi тыйым салынған тауарларды, көлiк құралдарын және өзге де мүлiктi өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз етудiң осы шарасы қолданылған заңды тұлғаның не тыйым салынған мүлiктi сақтауды жүзеге асыратын адамның иелiктен айыруы немесе жасырып қалуы Қазақстан Республикасының заңдарында белгiленген жауаптылыққа әкеп соғады.
      Ескерту. 632-1-баппен толықтырылды - Қазақстан Республикасының 2003.12.05. N 506, өзгеріс енгізілді - 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      633-бап. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi
               қамтамасыз ету шараларына шағым беру

      1. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шаралары қолданылған адам аталған шаралар қолданылғаннан бастап он күн iшiнде жоғары тұрған органға (жоғары тұрған лауазымды адамға) немесе сотқа шағым бере алады.
      2. Өзiне қатысты iс жүргiзудi қамтамасыз ету шаралары қолданылған адамның құқықтары мен заңды мүдделерiн қорғауды қамтамасыз ету үшiн қажеттi тиiстi хаттамалар мен өзге де материалдардың көшiрмелерi жеке тұлғаның немесе заңды тұлға өкiлiнiң талабы бойынша оған дереу тапсырылады.
      3. Шағым жазбаша нысанда берiледi және бес күн мерзiмде қаралуға тиiс.
      4. Шағым қарау нәтижелерi бойынша шағымды қанағаттандыру туралы не оны қанағаттандырудан бас тарту туралы ұйғарым қабылданады.
      5. Жоғары тұрған органға (жоғары тұрған лауазымды адамға) әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шараларын қолдануға шағым беру аталған шараларды қолдануға сотқа қайталап шағым беру үшiн кедергi болмайды.
      6. Ұйғарымның көшiрмесi жеке тұлғаға немесе заңды тұлғаның өкiлiне дереу тапсырылады, ал бұл адамдар болмаған жағдайда оларға ұйғарым шығарылған күннен бастап бір тәулiк iшiнде жiберiледi.
      7. Лауазымды адамдардың заңсыз iс-әрекеттерiнен келтiрiлген зиянның заңдарда белгiленген ережелерге сәйкес орны толтырылуға тиiс.
      Ескерту. 633-бапқа өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

37-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IС ҚОЗҒАУ

      634-бап. Әкiмшiлiк құқық бұзушылық туралы iс қозғаудың
               дәлелдерi мен негiздемесi

      1. Әкiмшiлiк құқық бұзушылық туралы iс қозғауға:
      1) уәкiлеттi лауазымды адамның осы баптың 2-1-бөлігінің ережелерін ескере отырып, әкiмшiлiк құқық бұзушылық жасау фактiсiн тiкелей анықтауы;
      2) құқық қорғау органдарынан, сондай-ақ басқа да мемлекеттiк органдардан, жергiлiктi өзiн-өзi басқару органдарынан түскен материалдар;
      3) жеке және заңды тұлғалардың хабарламалары немесе мәлiмдемелерi, сондай-ақ бұқаралық ақпарат құралдарындағы хабарламалар;
      4) сертификатталған, арнайы автоматтандырылған өлшеу құралдарының, сондай-ақ сертификатталған арнайы техникалық бақылау-өлшеу құралдары мен автоматты режимде жұмыс істейтін және жолдағы жағдайды фото-, бейнетүсірілім арқылы көлік құралы қозғалысының жылдамдығы мен бағытын, жол жүрісіне басқа да қатысушылардың іс-қимылдарын айқындау арқылы автомобиль көлігі және жол жүрісі қауіпсіздігі саласында әкімшілік құқық бұзушылықтардың жасалуын тіркейтін бақылау аспаптарының көрсеткіштері себеп болып табылады.
      2. Әкiмшiлiк құқық бұзушылық белгiлерiн көрсететiн жеткiлiктi деректердiң болуы әкiмшiлiк құқық бұзушылық туралы iс қозғау үшiн негiздеме болады.
      2-1. «Қазақстан Республикасындағы мемлекеттік бақылау және қадағалау туралы» Қазақстан Республикасының Заңында белгіленген тәртіппен жүргізілген тексерудің нәтижесі осы баптың бірінші бөлігінің 1) тармақшасына сәйкес жеке кәсіпкерлік субъектісіне қатысты әкімшілік құқық бұзушылық туралы іс қозғауға негіз болып табылады.
      Осы бөліктің күші «Қазақстан Республикасындағы мемлекеттiк бақылау және қадағалау туралы» Қазақстан Республикасының Заңы 3-бабының 3, 4-тармақтарында және 12-бабының 3-тармағында көзделген салаларда, сондай-ақ мемлекеттік статистика саласында бақылау мен қадағалауды жүзеге асыру кезінде және салық органдары бақылаудың өзге де нысандарын жүзеге асырған кезде әкімшілік құқық бұзушылық белгілері анықталған жағдайларға қолданылмайды.
      3. Әкiмшiлiк құқық бұзушылық жасалғаны туралы хаттама жасалған немесе әкiмшiлiк құқық бұзушылық туралы iс қозғау туралы прокурор қаулы шығарған кезден бастап, сондай-ақ судья (сот) сот талқылауы барысында процеске қатысушы адамның тарапынан сотқа құрметтемеушілік білдіру фактісінің анықталғаны туралы жариялаған кезден бастап әкiмшiлiк құқық бұзушылық туралы iс қозғалған болып саналады.
      Ескерту. 634-бапқа өзгерістер енгізілді - ҚР 2007.06.29 N 270, 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.07.17. N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.01.06 N 378-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      635-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама

      РҚАО-ның ескертпесі!
      2013.01.01 дейін 635-бабының мәтіні бойынша «сәйкестендіру нөмірі» деген сөздер «салық төлеушінің тіркеу нөмірі» деген сөздер болып есептеледі - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      1. Осы Кодекстiң 639-бабында көзделген жағдайларды қоспағанда, әкiмшiлiк құқық бұзушылық жасалғаны туралы хаттаманы оған уәкiлеттi лауазымды адам жасайды.
      2. Әкiмшiлiк құқық бұзушылық туралы хаттамада оның жасалған күнi мен орны, хаттаманы жасаған адамның лауазымы, тегі және аты-жөнi; өзiне қатысты ic қозғалған адам туралы мәлiметтер (жеке тұлғалар үшiн - тегi, аты, әкесiнiң аты (болған кезде), туған күнi, тұрғылықты жерi, жеке басын куәландыратын құжаттың атауы мен деректемелері, сәйкестендіру нөмiрi, тұрғылықты жерi бойынша тiркелгенi туралы мәлiметтер, жұмыс орны; заңды тұлғалар үшiн – атауы, орналасқан жері, заңды тұлғаның мемлекеттік тіркелу (қайта тіркелу) нөмiрi және күнi, сәйкестендіру нөмiрi және банк деректемелері); әкiмшiлiк құқық бұзушылықтың жасалған орны, уақыты мен мәнi; осы Кодекстiң ерекше бөлiмiнiң 2-бөлімінің осы құқық бұзушылық үшiн әкiмшiлiк жауаптылық көзделетiн бабы; егер олар бар болса, куәлардың және жәбiрленушiлердiң тегi, аты, әкесiнiң аты (болған кезде), мекенжайы; өзiне қатысты iс қозғалған жеке тұлғаның не заңды тұлға өкiлiнiң түсiнiктемесi; егер ол әкiмшiлiк құқық бұзушылықты анықтау және тіркеп жазу кезiнде пайдаланылса, метрологиялық салыстырып тексерудiң атауы, нөмiрi, күнi, техникалық құралдың көрсеткіштері; iстi шешу үшiн қажеттi өзге де мәлiметтер көрсетiледi, сондай-ақ әкiмшiлiк құқық бұзушылық жасау фактiсiн растайтын құжаттар қоса берiледi.
      3. Әкiмшiлiк құқық бұзушылық туралы хаттама жасалған кезде өздерiне қатысты iс қозғалған жеке тұлғаға немесе заңды тұлғаның өкiлiне, сондай-ақ іс бойынша iс жүргiзудiң басқа да қатысушыларына олардың осы Кодексте көзделген құқықтары мен мiндеттерi түсiндiрiлiп, бұл туралы хаттамада белгi жасалады.
      3-1. Әкiмшiлiк құқық бұзушылық туралы хаттама жасалған кезде өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша іс жүргізіліп жатқан кәмелетке толмаған адамның қорғаушысына немесе заңды өкіліне олардың істі соттылығы бойынша мамандандырылған әкімшілік сотқа, ал тиісті әкімшілік-аумақтық бірліктің аумағында мамандандырылған әкімшілік сот болмаған кезде – аудандық (қалалық) сотқа беру туралы өтінішхатпен жүгіну құқығы түсіндіріледі.
      4. Әкiмшiлiк құқық бұзушылық туралы хаттамаға оны жасаған адам және осы бапта көзделген жағдайларды қоспағанда, әкiмшiлiк құқық бұзушылық жасаған адам (адамның өкілі) қол қояды. Жәбiрленушiлер мен куәлар болған кезде, сондай-ақ куәгерлер қатысқан жағдайларда хаттамаға осы адамдар да қол қояды.
      5. Тиiстi түрде хабарланған әкiмшiлiк құқық бұзушылық жасаған адам болмаған немесе келмеген жағдайда әкiмшiлiк құқық бұзушылық туралы хаттамаға әкiмшiлiк құқық бұзушылық жасаған адамның болмауы немесе келмеуi туралы белгi қоя отырып, оны толтырған адам қол қояды.
      6. Өзiне қатысты әкімшілік құқық бұзушылық туралы іс қозғалған адам әкімшілік құқық бұзушылық туралы іс жөніндегі хаттамаға қол қойып қабылдаудан бас тартқан жағдайда, хаттамаға оны толтырған адам тиісті жазба жасайды.
      7. Өздерiне қатысты iс қозғалған жеке тұлғаға немесе заңды тұлғаның өкiлiне әкiмшiлiк құқық бұзушылық туралы хаттамамен танысуға мүмкiндiк берiлуге тиiс. Аталған адамдар хаттаманың мазмұны бойынша түсiнiктеме беруге және ескертпелер жасауға, сондай-ақ оған қол қоюдан өзiнiң бас тарту уәждерiн баяндауға құқылы, олар осы хаттамаға қоса тiркеледi. Бұл адамдар әкiмшiлiк құқық бұзушылық туралы хаттамаға қол қоюдан бас тартқан жағдайда хаттамаға тиiстi жазба жасалады.
      8. Осы бөлiкте көзделген жағдайларды қоспағанда, әкiмшiлiк құқық бұзушылық туралы хаттама жасалғаннан кейiн, оның көшiрмесi қолхат алынып, өздерiне қатысты iс қозғалған жеке тұлғаға немесе заңды тұлғаның өкiлiне, сондай-ақ жәбiрленушiге дереу тапсырылады.
      Әкімшілік құқық бұзушылық туралы хаттама осы Кодекстің 634-бабы бірінші бөлігінің 4) тармақшасында көзделген, сондай-ақ осы баптың бесінші және алтыншы бөліктерінде көзделген негіздер бойынша өзіне қатысты іс қозғалған адам болмаған кезде жасалған жағдайда, ол өзіне қатысты іс қозғалған адамға хабарлана отырып, тапсырыс хатпен почта арқылы жіберіледі.
      Ескерту. Жол жүрісінің қауіпсіздігі саласында әкімшілік құқық бұзушылық жасаған адамға қатысты хаттама жасау кезінде сәйкестендіру нөмiрi ол бар болса, көрсетіледі.
      Ескерту. 635-бап жаңа редакцияда көзделген - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 17.11.2014 № 254-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      636-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама
                жасауға құқығы бар лауазымды адамдар

      1. Соттар қарайтын әкiмшiлiк құқық бұзушылық туралы iстер бойынша мыналардың құқық бұзушылық туралы хаттама жасауға құқығы бар:
      1) мыналардың:
      iшкi iстер органдарының (79-1, 79-3, 79-4, 79-5, 79-6, 83-1, 85-3, 86, 86-1, 87-3, 87-4, 87-5, 96, 111, 111-1, 112 – 117, 135-1, 136, 136-1, 136-2, 136-3, 141-1, 143, 143-1, 147-1 (екінші бөлігі), 159, 162, 163 (үшінші және төртінші бөліктері), 163-2, 163-3, 163-4, 203, 234-1, 283 (бірінші және үшінші бөліктері), 298 (екiншi және 2-1-бөлiктерi), 298-1 (екiншi бөлiгi), 306-2, 314, 317-1 (азаматтық және қызметтік қаруларға және олардың патрондарына, есірткі, психотроптық заттар мен прекурсорлардың, азаматтық пиротехникалық заттар мен олар қолданылған бұйымдардың айналымына байланысты химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша), 318-321, 324-1, 324-2, 328-2 (екінші бөлігі), 330, 330-1 (екінші бөлігі), 331, 332, 334 (үшінші бөлігі), 335, 336 (1-1, үшінші және төртінші бөліктері), 336-1 (үшiншi бөлiгi), 336-2 (үшiншi бөлiгi), 336-3 (екiншi бөлiгi), 336-4 (екiншi бөлiгi), 338 (бiрiншi бөлiгi), 338-1 (бірінші, екінші, оныншы және он бірінші бөліктері), 339, 340, 341 (екінші бөлігі), 341-1, 344, 354-1, 355-357, 357-1, 357-7 (екінші бөлігі), 362, 362-1, 363, 365, 366, 368, 368-1, 369 (екiншi бөлiгi), 370 (екiншi бөлiгi), 371 (екiншi бөлiгi), 372, 373, 374 (бiрiншi-төртiншi бөлiктерi), 374-1, 380 (екінші бөлігі), 380-2, 388, 390 (екінші бөлігі), 391-1 (екінші және үшінші бөліктері), 394 (екінші, үшінші және төртінші бөліктері), 394-1, 396 (төртінші бөлігі), 461 (3-1-бөлігі), 463 (екінші, үшінші бөліктері), 463-3 (үшінші бөлігі), 464-1 (бірінші және екінші бөліктері), 464-2 (екінші бөлігі), 464-3 (екінші – төртінші бөліктері), 465 (екінші бөлігі), 466 (екінші бөлігі), 467, 468 (бірінші және екінші бөліктері), 468-1, 468-2, 469 (екінші және үшінші бөліктері), 471 (бірінші, екінші, төртінші – он бірінші бөліктері), 473 (үшінші бөлігі), 474, 474-1, 474-2, 475, 477 (үшінші бөлігі), 484 (бірінші және екінші бөліктер), 500 (екінші бөлігі), 501, 514 (461-471-баптарда көзделген құқық бұзушылықтар бөлігінде), 518, 521, 531-баптар);
      азаматтық қорғау саласындағы уәкілетті органның (314, 355, 356-баптар);
      өнеркәсіптік қауіпсіздік саласындағы уәкілетті органның (225-1 (газбен жабдықтау жүйелері объектілерінің күзет аймақтарындағы бұзушылықтар бойынша), 226 (үшінші – бесінші бөліктері), 228, 229, 231 (екінші бөлігі), 233, 317-1 (өрт және жарылу қаупі бөлігінде машиналар мен жабдыққа, химиялық өнімге қойылатын қауіпсіздік талаптарын бұзушылықтар бойынша), 355, 356-баптар);
      жекелеген жерлер комендатураларының (362, 363-баптар);
      Қазақстан Республикасы Қорғаныс министрлiгi органдарының: әскери полицияның (әскери қызметшiлер мен жиындарға шақырылған әскери мiндеттiлер жасаған құқық бұзушылықтар туралы (461 (3-1-бөлiгi), 463-3 (үшінші бөлігі), 464-1 (бірінші және екінші бөліктері), 465 (екінші бөлігі), 466 (екінші бөлігі), 467, 468 (бірінші және екінші бөліктері), 468-1, 468-2, 469 (екінші және үшінші бөліктері), 471 (бірінші, төртінші – он бірінші бөліктері), 473 (үшінші бөлігі), 474-1, 475 (үшінші бөлігі), 484 (бірінші бөлігі)-баптар, сондай-ақ Қазақстан Республикасы Қарулы Күштерiнiң көлiк құралдарын басқаратын адамдар (әскери қызметшiлер мен жиындарға шақырылған әскери мiндеттiлерден басқа) жасаған барлық жол жүрісі қағидаларын бұзушылықтар туралы);
      Қазақстан Республикасы Ұлттық қауіпсіздік комитеті әскери жол полициясының (арнаулы мемлекеттік органдардың көлік құралдарын жүргізуші адамдар жасаған, осы Кодекстің 461 (3-1-бөлігі), 463-3 (бесінші бөлігі), 464-1 (бірінші және екінші бөліктері), 465 (екінші бөлігі), 466 (екінші бөлігі), 467, 468-2, 469, 477 (үшінші бөлігі)-баптарында көзделген құқық бұзушылықтар туралы);
      әскери полиция органдарының (388, 389-1, 512-1 – 512-5-баптар);
      су қорын пайдалану мен қорғау саласындағы уәкiлеттi органның (124 (бiрiншi бөлiгi), 278 (бiрiншi бөлiгi), 356-баптар);
      ветеринария саласындағы уәкiлеттi органның (317-1-бап (ветеринариялық бақылауға жататын тамақ өнімдеріне қойылатын қауіпсіздік талаптарын бұзушылық бойынша));
      орман, балық және аңшылық шаруашылығы саласындағы органдардың 147-1 (екінші бөлігі), (283 (бiрiншi, үшiншi бөлiктерi), 298 (екiншi, 2-1 және үшiншi бөлiктерi), 298-1 (екiншi бөлiгi), 304 (екiншi бөлiгi), 305 (екiншi бөлiгi), 306 (екiншi бөлiгi), 306-2, 356, 357-1-баптар); 
      қоршаған ортаны қорғау саласындағы уәкiлеттi органның (122, 240-2, 246 (екiншi бөлiгi), 283 (бiрiншi бөлiгi) (бұл бұзушылықтар орман қорына кiрмейтiн аумақтарда жасалған кезде), 304 (екiншi бөлiгi), 305 (екiншi бөлiгi), 306 (екiншi бөлiгi), 306-1 (үшiншi бөлiгi), 306-3 (екiншi және үшiншi бөлiктерi), 317-1 (химиялық өнiмге қойылатын қауiпсiздiк талаптарын бұзушылықтар бойынша), 356-баптар);
      жер қойнауын зерделеу және пайдалану саласындағы мемлекеттiк бақылау органдарының (124 (бұл құқық бұзушылықтар санитариялық-гигиеналық ережелер мен нормаларды, сондай-ақ атмосфералық ауаны қорғау жөнiндегi талаптарды бұзу болмаған кезде), 317-1, 356-баптар);
      денсаулық сақтау органдарының (87-2, 317-1 (ойыншықтарға, химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша), 322 (үшiншi және төртiншi бөлiктерi), 324, 326-328-баптар);
      мәдениет және ақпарат саласындағы уәкілетті органның (81 (бірінші бөлігі), 82, 130-баптар);
      туристік қызмет саласындағы уәкілетті органның (158-3, 356, 357-3-баптар);
      ойын бизнесі саласындағы уәкілетті органның (168-3, 338 (бірінші бөлігі), 338-1-баптар);
      өсiмдiктер карантинi және оларды қорғау жөнiндегi органдардың (308, 317-1 (химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша)-баптар);
      тұқым шаруашылығы және астық рыногын реттеу саласындағы органдардың (356 (үшінші бөлігі)-бап);
      биоотын өндірісі саласындағы уәкілетті органның (147-10-бап (екінші, алтыншы, жетінші, он үшінші (биоотын өндірісі бөлігінде) бөліктері);
      биоотын айналымы саласындағы уәкілетті органның (147-10-бап (төртінші, бесінші, оныншы, он бірінші, он екінші, он үшінші (биоотын айналымы бөлігінде), он төртінші бөліктері);
      асыл тұқымды мал шаруашылығы саласындағы уәкілетті органның (310-1 (1-1 және екінші бөліктері), 357-1-баптар);
      ауыл шаруашылығы саласындағы уәкілетті органның (317-1 (машиналар мен жабдықтарға, химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша);
      мемлекеттік сәулет-құрылыс бақылау және қадағалау органдарының (231 (екінші бөлігі), 232, 233, 235 (екінші бөлігі), 235-1 (төртінші бөлігі), 237, 278 (бірінші бөлігі), 356, 357-1-баптар);
      РҚАО-ның ескертпесі!
      Абзац 01.01.2015 дейін қолданыста болады - ҚР 18.06.2014 № 210-V Заңымен.
      санитариялық-эпидемиологиялық қадағалау органдарының (85 (төртінші және бесінші бөліктері), 140 (екiншi бөлiгi), 161 (төртiншi және бесiншi бөлiктерi), 163 (үшінші және төртінші бөліктері), 222 (бiрiншi бөлiгi), 231 (екінші бөлігі), 233, 278 (бiрiншi бөлiгi), 304 (екiншi бөлiгi), 315, 317-1 (тамақ өнімдеріне, ойыншықтарға, химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша), 323 (екінші бөлігі), 324, 326-328, 356, 362, 494 (екiншi бөлiгi) баптар;
      ақпараттандыру және байланыс саласындағы уәкiлеттi органның (317-1 (байланыс құралдарына қойылатын қауіпсіздік талаптарын бұзушылық бойынша), 356, 357-1, 357-2 (екiншi бөлiгi), 492 (екiншi бөлiгi), 494 (екiншi бөлiгi), 494-1 (үшінші және бесінші бөліктері), 496 (екiншi бөлiгi) - баптар);
      азаматтық авиация саласындағы уәкілетті органның (356, 443 (бесінші бөлігі) және 484 (үшінші бөлігінде, әуе көлігінде бұзушылықтар жасағаны үшін)-баптар);
      көлiк және коммуникация саласындағы уәкiлеттi органның (317-1 (машиналар мен жабдықтарға, химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша), 356, 357-1, 442, 445-баптар);
      көліктік бақылау органдарының (317-1 (көлік саласындағы техникалық регламенттердің талаптарын бұзушылықтар бойынша), 356, 357-1, 357-2 (екiншi бөлiгi), 453 (екiншi бөлiгi), 454 (бiрiншi-үшiншi бөлiктерi), 471 (екінші бөлігі), 484 (әуе көлігі кемелеріндегі бұзушылықтарды қоспағанда)-баптар);
      Қазақстан Республикасы Қаржы министрлігі органдарының (158 (бұл бұзушылықтарды аудиторлар, аудиторлық ұйымдар жасаса), 168-3, 168-5, 168-8, 175 (екінші бөлігі) (бұл бұзушылықтарды аудиторлық ұйымдар жасаса), 176 (үшінші бөлігі), 177, 177-1, 177-2, 177-3, 177-4, 177-5, 179 (бірінші және екінші бөліктері), 179-1, 183, 184, 184-1 (үшінші және бесінші бөліктерді қоспағанда), 185-баптар);
      ішкі бақылау жөніндегі уәкілетті органның (356-бап);
      қаржы нарығы мен қаржы ұйымдарын бақылау және қадағалау жөнiндегi уәкiлеттi органның (158167-1 (екінші және үшінші бөліктері), 168-1, 168-3, 184184-1 (үшінші және жетінші бөліктері), 190192200202356-баптар);
      РҚАО-ның ескертпесі!
      Абзац 01.01.2015 дейін қолданыста болады - ҚР 18.06.2014 № 210-V Заңымен.
      акцизделетiн өнiм өндiрудi және оның айналымын мемлекеттiк бақылау жөнiндегi органдардың (163 (үшінші, төртінші, алтыншы, жетінші және он үшінші бөліктері), 213 (төртінші – алтыншы бөліктері), 214, 357-1, 357-2-баптар);
      сыбайлас жемқорлыққа қарсы қызметтің (143-1, 151, 151-1, 206-2, 275-1, 355, 356, 357-3, 514, 514-3, 515, 516, 516-1, 517, 518, 519, 521, 522, 529, 533, 533-1, 534, 535, 537-1-баптар);
      мемлекеттік кіріс органдарының (136-3, 140 (екінші бөлігі), 143, 143-1, 143-2, 144-1, 145, 146-1, 151-1, 154, 154-1, 155, 155-2, 156, 157, 158-4, 159 (үшінші және төртінші бөліктері), 162, 163 (үшінші, төртінші, алтыншы, жетінші және он үшінші бөліктері), 179 (бірінші және екінші бөліктері) 179-1, 200, 203, 208-1, 209, 213 (төртінші, бесінші және алтыншы бөліктері), 214, 275-1, 306-2, 355, 356, 357-1, 357-2 (екінші бөлігі), 357-5, 374 (бесінші, алтыншы, жетінші, сегізінші және тоғызыншы бөліктері), 400-1, 400-2, 405 (бірінші бөлігі), 409, 410, 413, 413-1, 413-2, 414, 415, 417, 417-1, 418, 421, 423, 424, 425-1, 426 – 430, 433, 514, 515, 516, 516-1, 517, 518, 519, 521, 522, 529-баптар, сондай-ақ 323 (екінші бөлігінде), 357-1, 461 (3-1-бөлігінде)-баптарда көзделген Қазақстан Республикасының Мемлекеттік шекарасы арқылы автомобиль өткізу пункттерінде жасалған әкімшілік құқық бұзушылықтар бойынша);
      әдiлет органдарының (129, 145, 168-3, 175 (екінші бөлігі) (осы бұзушылықтарды жекеше нотариустар жасаған кезде), 353, 354, 354-2,  354-3, 356, 357-4, 357-5, 357-6, 376-баптар);
      заңдарға сәйкес лицензиарлар болып табылатын органдардың
(140 (екiншi бөлiгi), 192, 231 (екiншi бөлiгi), 232, 233, 235 (екiншi бөлiгi), 237, 302 (үшiншi бөлiгi), 342 (екiншi бөлiгi), 342-1 (бесінші бөліктің төртінші, бесінші, алтыншы абзацтары), 343 (бiрiншi бөлiгi), 356, 356-1, 357-1, 357-2 (екiншi бөлiгi), 357-3, 357-5, 477 (үшiншi бөлiгi)-баптар);
      РҚАО-ның ескертпесі!
      Осы абзацқа өзгеріс енгізу көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен.
      табиғи монополиялар салаларында және реттелетін нарықтарда басшылықты жүзеге асыратын уәкiлеттi органның (147-6 (2-1-бөлiгi) 356-баптар);
      кәсіпкерлік жөніндегі уәкілетті органның (153, 356, 357-3-баптар);
      техникалық реттеу және өлшем бірлігін қамтамасыз ету саласындағы органдар мен олардың аумақтық органдарының (161 (төртінші бөлігі), 317 (екінші және үшінші бөліктері), 317-1, 317-2, 317-4 (екінші және үшінші бөліктері), 338-1 (үшінші, тоғызыншы, оныншы және он екінші бөліктері), 356, 357-1, 496 (екінші бөлігі), 501-баптар);
      РҚАО-ның ескертпесі!
      Осы абзац жаңа редакцияда көзделген - ҚР 2012.07.04 № 25-V (2016.01.01 бастап қолданысқа енгізіледі) Заңымен.
      мемлекеттiк энергетикалық қадағалау және бақылау органдарының (127 (бiрiншi бөлiгi), 147-13219-8 (екінші және үшінші бөліктері),  223– 225225-1 (электр мен жылу желiлерi жолдарының күзет аймақтарындағы бұзушылықтар бойынша), 356357-1-баптар);
      индустриялық саясатты реттеу саласындағы уәкілетті органның (317-1-бап (машиналар мен жабдықтар, химия өнімі, ойыншықтар қауіпсіздігі талаптарын бұзушылықтар бойынша);
      сауда қызметін реттеу саласындағы уәкілетті органның (158-бап (бұл бұзушылықтарды биржалық брокерлер және (немесе) биржалық дилерлер, сондай-ақ тауар биржалары қызметкерлері жасаса), 168-3-бап);
      заңды тұлғаларды, азаматтық хал актiлерiн мемлекеттiк тiркеу, бағалау қызметiн реттеу саласындағы уәкiлеттi мемлекеттiк органның (157-1, 158 (Қазақстан Республикасының бағалау қызметі туралы заңнамасын бұзу бөлігінде), 356, 357-1, 357-4, 376-баптар);
      мұнай және газ саласындағы уәкілетті органның (147-11 (жетінші және тоғызыншы бөліктері), 147-12, 356, 357-1, 357-2 (екінші бөлігі)-баптар);
      атом энергетикасы жөнiндегi органдардың (222, 315, 316, 317-1 (машиналар мен жабдықтарға қойылатын қауіпсіздік талаптарын бұзушылық бойынша)-баптар);
      Қазақстан Республикасы Ұлттық қауіпсіздік комитеті Шекара қызметiнің (298 (екiншi және үшiншi бөлiктерi), 298-1 (екiншi бөлiгi), 303 (екiншi бөлiгi), 304 (екiншi бөлiгi), 305 (екiншi бөлiгi), 306 (екiншi бөлiгi), 355, 388, 390 (екінші бөлігі), 391 (екінші бөлігі), 391-1 (екінші және үшінші бөліктері), 393, 394 (екінші, үшінші және төртінші бөліктері)-баптар);
      мемлекеттiк құпияларды қорғау органдарының (344-бап (үшiншi бөлiгi) (мемлекеттiк құпияларға байланысты құқық бұзушылықтар жасағаны үшiн), 386-бап (үшiншi бөлiгі);
      Ұлттық қауіпсіздік комитетінің (355, 362-1, 388-баптар);
      күзету iс-шараларын жүргiзу кезiнде Қазақстан Республикасы Мемлекеттік күзет қызметiнiң (135-1, 136, 160, 220, 323 (екінші бөлігі), 330, 331, 332, 333, 336 (1-1, үшінші және төртінші бөліктері), 355, 356-2, 362-1, 368, 369 (екінші бөлігі), 370, 371 (екінші бөлігі), 373, 388, 463 (1-1-бөлігі), 465, 472, 473, 529-баптар);
      Республикалық бюджеттiң атқарылуын бақылау жөнiндегi есеп комитетiнiң және облыстардың, республикалық маңызы бар қалалардың, астананың тексеру комиссияларының (168-5, 168-8, 176 (үшінші бөлігі), 177-3, 177-4, 177-5, 184-1 (бесінші бөлігі), 309-5 (бірінші бөлігі), 356-баптар);
      мемлекеттiк еңбек инспекциясы органдарының (87 (бесінші және алтыншы бөліктері), 87-2, 317-1 (химиялық өнімдерге қойылатын қауіпсіздік талаптарын бұзушылық бойынша), 356-баптар);
      білім беру саласындағы уәкілетті органның (87-2, 311-1 (жетінші бөлігі), 356, 357-1-баптар);
      облыстардың, республикалық маңызы бар қаланың, астананың жергiлiктi атқарушы органдарының (81 (екінші және үшінші бөліктері), 127 (екінші бөлігі), 163-6, 237-1, 309-1 (жетiншi, сегiзiншi бөлiктерi), 309-2 (төртінші бөлігі), 309-4 (сегiзiншi, тоғызыншы бөлiктерi), 309-5 (екінші бөлігі), 342, 342-1 (бірінші, үшінші бөлік, бесінші бөліктің екінші, үшінші абзацтары), 343, 357-1, 357-2 (екiншi бөлiгi), 346–352, 374-1, 375-баптар);
      атқарушылық құжаттардың орындалуын қамтамасыз ету жөніндегі уәкілетті органның (175-бап (екінші бөлігі) (осы бұзушылықтарды жеке сот орындаушылары жасаған кезде);
      медициналық қызметтер көрсету саласындағы бақылау органдарының 85 (төртінші және бесінші бөліктері), 85-1 (екінші бөлігі), 85-2 (екінші бөлігі), 322 (бесінші бөлігі) - баптар);
      монополияға қарсы органның (147, 147-1 (екінші бөлігі)-баптар;
      діни қызмет саласындағы уәкілетті мемлекеттік органның (375-бап (екінші, алтыншы және тоғызыншы бөліктері (бұл бұзушылықтарды орталық мемлекеттік органдардың лауазымды адамдары жасаған кезде);
      ғарыш қызметі саласындағы уәкілетті органның (230-1, 230-2-баптар);
      облыстардың, республикалық маңызы бар қаланың, астананың, аудандардың, облыстық маңызы бар қалалардың жергілiктi атқарушы органдарының (163-6, 226 (бірінші және екінші бөліктері) 349-баптар);
      түзеу мекемелерiнің немесе тергеу изоляторларының (367-бап);
      пошта байланысы саласындағы уәкілетті органның (168-3-бап) уәкілетті лауазымды адамдарының құқығы бар;
      сәулет, қала құрылысы және құрылыс істері жөніндегі уәкілетті мемлекеттік органның (356-бап);
      2) сот төрағасы немесе сот отырысында төрағалық етушi уәкiлдiк берген мемлекеттік сот орындаушылары, сот приставтары және соттардың басқа да қызметкерлерi (513 – 524, 528 – 531-баптар);
      3) Қазақстан Республикасы Ұлттық Банкiнiң уәкiлеттi қызметкерлерi (158, 168-3, 179 (бірінші және екінші бөліктері), 179-1, 183, 187, 188 (екiншi бөлiгi), 356, 357-1, 357-5-баптар);
      4) облыстардың (республикалық маңызы бар қаланың, астананың) әкiмдерi уәкiлдiк берген лауазымды адамдар (514-2-бап). 
      2. Осы Кодекстiң 543 - 576-10-баптарында көрсетiлген органдардың қарауына жатқызылған әкiмшiлiк құқық бұзушылық туралы iстер бойынша құқық бұзушылық туралы хаттамаларды жасауға осы органдардың оған уәкiлдiк берiлген лауазымды адамдарының құқығы бар. Одан басқа, әкiмшiлiк құқық бұзушылық туралы хаттамаларды жасауға:
      көлік және коммуникация саласындағы уәкілетті органның лауазымды адамдарының (175 (екінші бөлігі) (бұл бұзушылықтарды жолаушыларды тасымалдаушылар жасаған кезде), 451 (екінші бөлігі), 452, 453 (екінші және үшінші бөліктері), 454, 455 (үшінші бөлігі), 457, 477 (төртінші бөлігі), 478, 479, 480 (үшінші және төртінші бөліктері), 481 (автомобиль көлігінде және қалалық рельстік көлікте құқық бұзушылықтар жасағаны үшін)-баптарында);
      орман, балық және аңшылық шаруашылығы саласындағы уәкiлеттi органдардың мамандандырылған ұйымдарының лауазымды адамдарының (121, 125, 126, 250, 252, 282 - 298-1, 299, 302 (екiншi және үшiншi бөлiктерi), 304 (бiрiншi және екiншi бөлiктерi), 305 (бiрiншi және екiншi бөлiктерi), 306 (бiрiншi және екiншi бөлiктерi) - баптар);
      жануарлар дүниесiн қорғау мәселелерiмен айналысатын аңшылық және балық аулау шаруашылығы қорықшыларының, директорларының (298, 298-1 (бiрiншi және екiншi бөлiктерi) - баптар) құқығы бap.
      Ескерту. 636-бапқа өзгерістер енгізілді - ҚР 2001.07.12 N 240, 2003.03.28 N 398, 2003.06.03 N 428, 2003.07.03 N 464, 2003.07.10 N 483, 2003.12.05 N 506, 2004.05.06 N 551, 2004.07.06 N 572, 2004.12.09 N 10, 2005.04.13 N 40 (2005.01.01 бастап қолданысқа енгiзiледi), 2005.07.08 N 67 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2005.07.08 N 72 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2005.10.21 N 80, 2005.11.22 N 90 (қолданысқа енгізілу тәртібін 2-2-баптан қараңыз), 2006.01.10 N  116 (2006.01.01 бастап қолданысқа енгізіледі), 2006.01.16 N 122 (2007.01.01 бастап қолданысқа енгізіледі), 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2006.05.05 N 139, 2006.06.22 N 147, 2006.07.05 N 165 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2006.07.07 N 174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2006.07.07 N 181 (2007.01.01 бастап қолданысқа енгізілді), 2006.07.07 N 171 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2006.12.11 N 201 (2007.01.01 бастап қолданысқа енгізілді), 2007.01.09 N 213, 2007.01.12 N 220 (2007.04.01 бастап қолданысқа енгізілді), 2007.01.12 N 222 (жарияланған күнінен бастап алты ай өткеннен кейін қолданысқа енгізіледі), 2007.01.12 N 224 (2012.01.01 бастап қолданысқа енгізіледі), 2007.02.19 N 230 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.02.28 N 235 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.06 N 276, 2007.07.21 N 299, 2007.07.21 N 307, 2007.07.26. N 311, 2007.07.27 N 320 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2007.07.21 N 304 (2008.01.01. бастап қолданысқа енгізіледі), 2007.07.27 N 314 (2008.01.01. бастап қолданысқа енгізіледі), 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2008.05.26 N 34 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 59-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 60-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз), 2008.12.04 N 97-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2008.12.25 N 113-IV (2009.01.01 бастап қолданысқа енгізіледі), 2008.12.29 N 115-IV (2009.01.01 бастап қолданысқа енгізіледі), 2008.12.29 N 116-IV (2009.01.01 бастап қолданысқа енгізіледі), 2009.02.20 N 138 (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.05.04 N 156-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз, 2009.05.08 жарияланды), 2009.05.04 N 157-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.07.04 N 166-IV, 2009.07.10. N 176-IV, 2009.07.10 N 177-IV, 2009.07.10 N 178-IV, 2009.07.11 N 184-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.07.16. N 186-IV, 2009.07.17 N 188-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2009.08.28 N 192-IV (2010.03.08 бастап қолданысқа енгізіледі), 2009.11.09 N 197-IV (қолданысқа енгізілу тәртібін 3-б. қараңыз. 2009.11.13 жарияланды), 2009.12.04 N 215-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2009.12.07 N 221-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2009.12.07 N 222-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2009.12.08 N 225-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.01.06 № 238-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.01.21 № 242-IV (қолданысқа енгізілу тәртібін 2-б. қараңыз), 2010.04.08 № 266-IV, 2010.04.29 № 272-IV, 2010.06.28 № 295-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгізіледі), 2010.06.30 N 297-IV (2010.07.12 бастап қолданысқа енгізіледі), 2010.07.15 N 340-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2010.10.06 N 343-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2010.11.15 № 352-IV (алғашқы ресми жарияланған күнінен бастап күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.11.23 N 354-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2010.12.29 N 372-IV (алғашқы ресми жарияланғанынан кейін күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.01.06 N 378-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.10 N 383-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.11 № 385-IV (ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.18 № 393-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.01.26 № 400-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі), 2011.01.28 N 402-IV (2011.08.05 бастап қолданысқа енгізіледі), 2011.04.18 N 429-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.07.15 N 461-IV (2012.01.30 бастап қолданысқа енгізіледі), 2011.07.21 N 465-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), ҚР 2011.10.11 № 484-ІV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2011.07.05 N 452-IV (2011.10.13 бастап қолданысқа енгізіледі), 2011.11.09 N 490-IV (алғашқы ресми жарияланғанынан кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi), 2011.12.03 N 505-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.12.28 N 524-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.06 N 529-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі), 2012.01.09 N 533-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.09 N 535-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.12 N 540-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.01.13 № 542-IV (алғашқы ресми жарияланғанынан кейін алты ай өткен соң қолданысқа енгiзiледі), 2012.01.18 N 546-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі), 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.02.15 N 556-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.02.16 N 557-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.06.21 N 19-V (алғашқы ресми жарияланғанынан кейін үш ай өткен соң қолданысқа енгізіледі), 2012.07.04 № 25-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 33-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 31-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.07.10 N 36-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.11.26 N 57-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 08.01.2013 N 63-V (алғашқы ресми жариялағанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); ҚР 21.01.2013 N 72-V (алғашқы ресми жарияланғанынан кейін үш ай өткен соң қолданысқа енгізiледi); 29.01.2013 N 74-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi), 13.06.2013 N 101-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізiледi), 13.06.2013 N 102-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 21.06.2013 N 106-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен; 04.07.2013 № 126-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 127-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.01.2014 N 166-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.03.2014 N 177-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 11.04.2014 № 189-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 17.04.2014 № 195-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 2014.06.10 № 206-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 18.06.2014 № 210-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі); 04.07.2014 N 233-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi); 29.09.2014 N 239-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      637-бап. Прокурордың әкiмшiлiк құқық бұзушылық туралы
               iс қозғауы

      1. Прокурор осы Кодекстiң 80-87, 89-110-1, 111-2, 111-3, 151, 158-5, 168-3, 334-1, 342-344, 346-352, 353, 356-1, 356-2, 357-3, 366, 375, 381-1, 388-1, 513, 516-1, 521-1, 531, 537-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iс қозғау жөнiнде қаулы шығарады.
      2. Прокурор өзге де әкiмшiлiк құқық бұзушылық туралы iс қозғау жөнiнде қаулы шығаруға құқылы.
      3. Прокурордың әкiмшiлiк құқық бұзушылық туралы iс қозғау жөнiндегi қаулысында осы Кодекстiң 635-бабында көзделген мәлiметтер болуы тиiс.
      Ескерту. 637-бапқа өзгерістер енгізілді - ҚР 2002.08.09 N 346, 2003.03.13 N 394 , 2003.12.05 N 506 , 2004.07.09 N 583 , 2006.01.20 N 123 (2006.01.01 бастап қолданысқа енгізілді), 2007.07.21 N 308 , 2007.07.27 N 314 (2008.01.01 бастап қолданысқа енгізіледі), 2011.02.10 N 406-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 02.07.2013 № 111-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 04.07.2013 № 126-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 10.06.2014 № 206-V (алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа енгізіледі) Заңдарымен.

      638-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама
                жасау мерзiмдерi

      1. Әкiмшiлiк құқық бұзушылық туралы хаттама әкiмшiлiк құқық бұзушылықтың жасалу фактiсi анықталғаннан кейiн дереу, «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған монополистiк қызметті жүзеге асыру кезiнде – тергеу немесе тексеру нәтижелерi бойынша тиiстi шешiм қабылданғаннан кейiн, салық салу не бюджет қаражатын пайдалану саласындағы, техникалық реттеу және өлшем бiрлiгiн қамтамасыз ету саласындағы әкiмшiлiк құқық бұзушылық бойынша – тиiстi тексеру аяқталғаннан кейiн, ал осы Кодекстің 710-1-бабында айқындалған тәртіппен айыппұл төленбеген жағдайда осы Кодекстің осы бабында белгіленген мерзім өткеннен кейін жасалады.
      2. Әкiмшiлiк құқық бұзушылықтың мән-жайларын, өзiне қатысты iс қозғалған жеке тұлға жеке басын немесе заңды тұлға туралы мәлiметтердi және заңды тұлғаның өкiлiнiң жеке басын қосымша анықтау талап етiлген жағдайларда, әкiмшiлiк құқық бұзушылық туралы хаттама көрсетілген деректер анықталған күннен бастап үш жұмыс күні ішінде, ал осы Кодекстiң 168, 168-6, 168-7, 169-баптарында, 172-2-бабының (бірінші және екінші бөліктерінде), 179-бабының (үшінші және төртінші бөліктерінде), 180, 182, 187, 188357-2 (бірінші бөлігі), 447447-1447-2447-3447-4447-5463 (бірінші бөлігінде, бұл бұзушылықтар жолаушылар мен жүктерді тасымалдау қағидаларын бұзушылық болып табылған кезде, екінші және үшінші, 3-1, 3-2 және 3-3-бөліктерінде) және 467-1-баптарында көзделген әкiмшiлiк құқық бұзушылық бойынша, сондай-ақ әкімшілік құқық бұзушылық жөніндегі материалдарды аумақтық филиалдарға беру кезінде құқық бұзушылық немесе оны жасаған адам табылған кезден бастап он жұмыс күні ішінде жасалады.
      3. Сараптама жүргiзу талап етiлетiн жағдайда әкiмшiлiк құқық бұзушылық туралы хаттама сараптама қорытындысы алынған сәттен бастап бiр тәулiк iшiнде жасалады.
      3-1. 240 (бiрiншi бөлiгiнде), 250 (бiрiншi бөлiгiнде), 261, 265, 304 (екiншi бөлiгiнде)-баптарда көзделген әкiмшiлiк құқық бұзушылықтар бойынша қоршаған ортаға келтiрiлген зиян сомасының мөлшерiн белгiлеу талап етiлген жағдайларда әкiмшiлiк құқық бұзушылық туралы хаттама қоршаған ортаға келтiрiлген зиян сомасының мөлшерi белгiленген кезден бастап бiр тәулiк iшiнде жасалады.
      4. Осы баптың екiншi бөлiгiнде көрсетiлген талаптар жеке адамның анықталмауына байланысты атқарылмауы мүмкiн жағдайларда әкiмшiлiк құқық бұзушылық туралы хаттама осы бапта белгiленген мерзiмдерде әкiмшiлiк құқық бұзушылық жасау фактiсi бойынша жасалады.
      5. Әкiмшiлiк құқық бұзушылық туралы материалдар бойынша дәлелдеме ретiнде сертификатталған, арнайы техникалық бақылау-өлшем құралдарының және аспаптарының деректерi пайдаланылған жағдайда әкiмшiлiк құқық бұзушылық туралы хаттама құқық бұзушы болмағанда да жасалуы мүмкiн.
      Ескерту. 638-бапқа өзгерістер енгізілді - ҚР 2001.07.12 N 240 , 2004.12.09 N 10 , 2006.01.20 N 123 (01.01.2006 бастап қолданысқа енгізілді), 2006.07.07 N  174 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2007.01.09 N 213 , 2008.07.04  N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі); 06.03.2013 N 81-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгiзiледi); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      639-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама
               жасалмайтын жағдайлар

      1. Ескерту немесе айыппұл түрiнде әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк құқық бұзушылық жасалған кезде, егер айыппұл бес айлық есептiк көрсеткiш мөлшерiнен аспаса және тұлға (жеке тұлға, орган немесе заңды тұлғаны басқару функцияларын жүзеге асыратын тұлға) құқық бұзушылық жасау фактiсiн мойындаса және осы баптың 1-1, 1-2 және екінші бөлiктерінде көзделген жағдайларда әкiмшiлiк құқық бұзушылық туралы хаттама жасалмайды. Қаржы және сауда саласындағы құқық бұзушылықты қоспағанда, ескерту түрiндегi жазаны соған уәкiлеттiк берiлген лауазымды адам әкiмшiлiк құқық бұзушылық жасалған жерде ресiмдейдi. Айыппұл түрiнде жаза қолданылған кезде қатаң қаржылық есептiлiк құжаты болып табылатын, белгiленген үлгiдегi квитанция берудi соған уәкiлеттiк берiлген лауазымды адам әкiмшiлiк құқық бұзушылық жасалған жерде жүзеге асырады.
      Әкiмшiлiк құқық бұзушылық жасаған адам ескертудiң немесе төлем құжатының екiншi данасына қол қою арқылы қолданылған жазаға өзiнiң келiсетiнiн растайды.
      1-1. Осы Кодекстің 539-бабының үшінші бөлігінде, 639-бабының үшінші бөлігінде аталған жағдайларды қоспағанда, жол жүрісі қауіпсіздігі саласында және автомобиль көлігі саласында әкімшілік құқық бұзушылық жасалған кезде әкімшілік құқық бұзушылық туралы хаттама жасалмайды.
      Айыппұл түріндегі жазаны оған уәкілетті лауазымды адам осы Кодекстің 710-бабында белгіленген тәртіппен қолданады және төлете алады.
      Егер әкімшілік құқық бұзушылық автоматты режимде жұмыс істейтін сертификатталған арнайы бақылау-өлшеу техникалық құралдарымен және аспаптарымен тіркелсе, айыппұл арнайы бақылау-өлшеу техникалық құралының немесе аспабының көрсетулері қоса беріліп, айыппұл төлеу қажеттігі туралы нұсқама түрінде рәсімделеді, бұл туралы көлік құралының меншік иесі (иесі) тиісінше хабардар етіледі.
      1-2. Істерді мемлекеттік кіріс органдары қарайтын әкімшілік құқық бұзушылық жасалған кезде, егер тұлға (заңды тұлғаны басқару функцияларын жүзеге асыратын жеке тұлға, орган немесе тұлға) әкімшілік құқық бұзушылық жасау фактісін мойындаған және жаза қолдануға келіскен, сондай-ақ осы Кодекстің 710-1-бабына сәйкес айыппұл төлеген жағдайда, әкімшілік құқық бұзушылық туралы хаттама жасалмайды.
      2. Жеке тұлғалар бұзылған құқықтарын қалпына келтiру туралы арыз жазған жағдайда осы Кодекстiң 80-113-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi сот құқық бұзушылық туралы хаттама жасамай-ақ қарайды. Хаттама әкiмшiлiк құқық бұзушылық туралы iс жүргiзу прокурор қаулысымен қозғалған жағдайларда да және судья (сот) тікелей сот талқылауы барысында осы Кодекстің 541-бабының үшінші бөлігінде көзделген жағдайларда сотқа құрметтемеушілік білдіру фактісін анықтаған кезде жасалмайды.
      3. Егер адам осы баптың бірінші және 1-1-бөліктерінде белгіленген тәртіппен қолданылатын жазаға дау айтса не әкімшілік құқық бұзушылық жасаған жерде айыппұл төлеуге мүмкіндігі болмаса, осы Кодекстің 618-бабында көзделген әкімшілік құқық бұзушылық туралы істер бойынша іс жүргізуді қамтамасыз ету шаралары қолданыла отырып, осы Кодекстің 635-бабына сәйкес әкімшілік құқық бұзушылық туралы хаттама жасалады.
      Ескерту. 639-бапқа өзгерістер енгізілді - ҚР 2006.01.20 N 123 (01.01.2006 бастап  қолданысқа енгізілді), 2007.06.29 N 270 , 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі); 04.07.2013 № 132-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      640-бап. Хаттаманы (прокурордың қаулысын) iстi қарау
               үшiн жiберу

      1. Әкiмшiлiк құқық бұзушылық туралы хаттама (прокурордың қаулысы) қарау үшiн әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлдiк берiлген судьяға, органға (лауазымды адамға) жасалған кезден бастап үш тәулiк iшiнде жiберiледi.
      2. Жасағаны үшiн жауаптылығы әкiмшiлiк қамауға алуды қолдануға әкеп соғуы мүмкiн әкiмшiлiк құқық бұзушылық туралы хаттама (прокурордың қаулысы) ол жасалғаннан кейiн дереу судьяға жiберiледi.
      3. Хаттаманы құқығы жоқ адам жасаған, хаттама дұрыс жасалмаған және iстiң басқа материалдары дұрыс ресiмделмеген жағдайларда, сондай-ақ осы Кодекстiң 646-бабының 4) тармақшасында көзделген өзге де жағдайларда хаттаманың және басқа материалдардың кемшiлiктерi оларды әкiмшiлiк құқық бұзушылық туралы iстi қараушы судья, орган (лауазымды адам) алған күннен бастап үш тәулiктен аспайтын мерзiмде жойылады. Түзетiлген хаттама және iстiң басқа материалдары оларға енгiзiлген өзгерiстерiмен қоса әкiмшiлiк құқық бұзушылық туралы iстi қараушы судьяға, органға (лауазымды адамға) кемшiлiктерi жойылған күннен бастап бiр тәулiк iшiнде қайта жiберiледi.
      Ескерту. 640-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 Заңымен.

      641-бап. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi
               iстi қарауға бергенге дейiн қысқарту

      Осы Кодекстiң 580, 581-баптарында көзделген мән-жайлардың тым болмаса бiреуi болған жағдайда iстi жүргiзiп жатқан лауазымды адам әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қысқарту жөнiнде қаулы шығарады.

38-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕРДI ҚАРАУ

      642-бап. Әкiмшiлiк құқық бұзушылық туралы iстi
               қарайтын орын

      1. Әкiмшiлiк құқық бұзушылық туралы iс оның жасалған жерi бойынша, ал осы Кодексте көзделген жағдайларда әкiмшiлiк құқық бұзушылық туралы iсті қарау ведомстволық бағыныстылығына жататын лауазымды адамның (уәкілетті мемлекеттік органның) орналасқан жері бойынша қаралады.
      2. Осы Кодекстiң 246, 247, 447, 447-1, 447-3, 461-487-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстер көлiк құралдары, кемелер, соның iшiнде шағын көлемдi кемелер есепке алынған жер бойынша немесе өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның тұрғылықты жерi бойынша да қаралуы мүмкiн.
      3. Осы Кодекстiң 295, 296, 298, 298-1, 335 және 336-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстер олар жасалған жер бойынша немесе өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның тұрғылықты жерi бойынша қаралуы мүмкiн.
      4. Кәмелетке толмағандардың, олардың ата-аналарының немесе ата-аналарын ауыстыратын адамдардың әкiмшiлiк құқық бұзушылығы туралы iстер өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзiлiп жатқан адамның тұрғылықты жерi бойынша қаралады.
      Ескерту. 642-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      643-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi
               қарауға әзiрлеу

      1. Судья, алқалы орган мүшесi, лауазымды адам әкiмшiлiк құқық бұзушылық туралы iстердi қарауға әзiрлеу кезiнде мына мәселелердi:
      1) бұл iстi қарау өзiнiң құзыретiне жататынын;
      2) бұл iстi судьяның, алқалы орган мүшесiнiң, лауазымды адамның қарау мүмкiндiгiн болдырмайтын мән-жайлардың болуын;
      3) осы Кодексте көзделген әкiмшiлiк құқық бұзушылық туралы хаттама мен басқа хаттамалардың дұрыс жасалғанын, сондай-ақ iстiң өзге де материалдарының дұрыс ресiмделгенiн;
      4) iс жүргiзудi болдырмайтын мән-жайлардың, сондай-ақ адамды әкiмшiлiк жауапқа тартпауға мүмкiндiк беретiн мән-жайлардың болуын;
      5) өтiнiшхаттардың, оның ішінде кәмелетке толмаған адам қатысатын істер бойынша істі кәмелетке толмаған адамның тұрғылықты жеріндегі сотқа қарату туралы өтінішхаттардың және қарсылық білдірулердің болуын;
      6) осы Кодекстiң 584-588-баптарында аталған адамдарға iс қаралатын орын мен уақыт туралы хабарланғанын анықтайды.
      2. Осы баптың бірінші бөлігі 1), 3) және 6) тармақшаларының талаптары осы Кодекстің 541-бабының үшінші бөлігіне сәйкес қаралған сотқа құрметтемеушілік білдіру фактілері туралы істерге қолданылмайды.
      Ескерту. 643-бапқа өзгерістер енгізілді - ҚР 2007.06.29. N 270; 17.11.2014 № 254-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      644-бап. Судьяның, алқалы орган мүшесiнiң, лауазымды
               адамның әкiмшiлiк құқық бұзушылық туралы iстi
               қарау мүмкiндiгiн болдырмайтын мән-жайлар

      Әкiмшiлiк құқық бұзушылық туралы iс қарауға берiлген судья, алқалы органның мүшесi, лауазымды адам, егер ол адам:
      1) жауаптылыққа тартылып отырған адамның немесе жәбiрленушiнiң, олардың өкiлдерiнiң, қорғаушының туысы болса;
      2) iстiң шешiлуiне жеке басы, тiкелей немесе жанама түрде мүдделi болса, бұл iстi қарай алмайды.
      Ескерту. 644-бапқа өзгерту енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      645-бап. Судьяның, алқалы орган мүшесiнiң, лауазымды
               адамның өздiгiнен бас тартуы және олардан
               бас тарту

      1. Осы Кодекстiң 644-бабында көзделген мән-жайлар болған кезде судья, алқалы органның мүшесi, лауазымды адам өзiнiң бас тартатыны туралы мәлiмдеуге мiндеттi.
      2. Осы Кодекстiң 644-бабында көзделген мән-жайлар болған кезде, өзiне қатысты iс жүргiзiлiп жатқан адам, жәбiрленушi, жеке тұлғаның заңды өкілдері мен заңды тұлғаның өкілдері, қорғаушы, прокурор судьядан, алқалы органның мүшесiнен, лауазымды адамнан бас тартатындығын мәлiмдеуге құқылы.
      3. Өздiгiнен бас тарту, олардан бас тарту туралы мәлiмдеме тиiстi соттың төрағасына, алқалы органның басшысына, жоғары тұрған лауазымды адамға берiледi.
      4. Өздiгiнен бас тарту, олардан бас тарту туралы мәлiмдеменi соттың төрағасы, алқалы орган, жоғары тұрған лауазымды адам ол түскен күннен бастап бiр тәулiк iшiнде қарайды.
      5. Өздiгiнен бас тарту, олардан бас тарту туралы мәлiмдеменi қарау нәтижелерi бойынша мәлiмдеменi қанағаттандыру туралы не оны қанағаттандырудан бас тарту туралы ұйғарым шығарылады.
      Ескерту. 644-бапқа өзгерту енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      646-бап. Әкiмшiлiк құқық бұзушылық туралы iстi
               қарауға әзiрлеу кезiнде судья, орган
               (лауазымды адам) қабылдайтын шешiм

      1. Әкiмшiлiк құқық бұзушылық туралы iстi қарауға әзiрлеу кезiнде судья, орган (лауазымды адам) мынадай шешiм қабылдайды:
      1) iстi қарайтын уақыт пен орын тағайындау туралы;
      2) iс бойынша адамдарды шақыру, қажеттi қосымша материалдарды сұрап алдыру туралы. Қажет болған жағдайда судья сараптама тағайындауға да құқылы;
      3) iстi қарауды кейiнге қалдыру туралы;
      4) құқығы жоқ адамдар хаттама жасаған және iстiң басқа материалдарын ресiмдеген, хаттама дұрыс жасалмаған және iстiң басқа материалдары дұрыс ресiмделмеген не тапсырылған материалдар толық болмаған, iстi қарау кезiнде оны толықтыру мүмкiн емес жағдайларда әкiмшiлiк құқық бұзушылық туралы хаттаманы және iстiң басқа материалдарын хаттама жасаған органға (лауазымды адамға) керi қайтару туралы;
      5) егер бұл iстi қарау өзiнiң құзыретiне жатпаса не судьядан, лауазымды адамнан бас тарту туралы ұйғарым шығарылса, әкiмшiлiк құқық бұзушылық туралы хаттаманы және iстiң басқа материалдарын ведомстволық бағыныстылық бойынша қарауға беру туралы;
      6) осы Кодекстiң 642-бабына сәйкес iстi мәнi бойынша қарауға беру туралы;
      7) осы Кодекстiң 580-581-баптарында көзделген мән-жайлар болған кезде iс жүргiзудi қысқарту туралы.
      2. Осы баптың бiрiншi бөлiгiнiң 1)-6) тармақшаларында көзделген шешiмдер ұйғарым түрiнде шығарылады.
      3. Осы баптың бiрiншi бөлiгiнiң 7) тармақшасында көзделген шешiм қаулы түрiнде шығарылады.
      3-1. Судья, әкімшілік құқық бұзушылық туралы істерді қарауға уәкілетті органдар (лауазымды адамдар) іс жүргізуде бір адамға қатысты қозғалған екі немесе одан да көп істер барын анықтай отырып, осы істерді бірге қарау үшін бір іске біріктіруге құқылы.
      4. Осы Кодекстiң 584-бабының төртiншi бөлiгiнде, 586-бабының алтыншы бөлiгiнде және 594-бабының бесiншi бөлiгiнде көзделген жағдайларда жауаптылыққа тартылып отырған адамның, оның өкiлiнiң, куәнiң дәлелсiз себептермен келмей қалуына байланысты әкiмшiлiк құқық бұзушылық туралы iстi қайта қарауға әзiрлеу кезiнде iстi қарайтын судья, орган (лауазымды адам) аталған адамдарды алып келу туралы ұйғарым шығаруға құқылы.
      Ескерту. 646-бапқа өзгерту енгізілді - ҚР 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       647-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi
               қарау мерзiмдерi

      1. Әкiмшiлiк құқық бұзушылық туралы iстер iстi қарауға құқықты судья, орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы хаттаманы және iстiң басқа материалдарын алған күннен бастап он бес күн мерзiмде қаралады.
      1-1. Сот талқылауы барысында анықталған процеске қатысушы адамның тарапынан сотқа құрметтемеушілік білдіру фактісі туралы істі судья (сот) соттың бірінші, апелляциялық немесе қадағалау инстанциясындағы тікелей осы отырысында қарайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iс жүргiзуге қатысушылардан өтiнiштер түскен жағдайда не iстiң мән-жайларын қосымша анықтау қажет болған кезде iстiң қаралу мерзiмiн iстi қараушы судья, орган (лауазымды адам) ұзартуы мүмкiн, бiрақ ол бiр айдан аспайтын, ал, салық мiндеттемесiн орындауға байланысты iстер бойынша, шағым беру мерзiмiнiң кезеңiне ұзартуы мүмкiн.
      3. Жасалуы әкiмшiлiк қамауға, Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберуге әкелiп соғатын әкiмшiлiк құқық бұзушылық туралы iс әкiмшiлiк құқық бұзушылық туралы хаттама мен iстiң басқа материалдары алынған күнi, ал әкiмшiлiк ұстауға ұшыраған адам жөнiнде - ол ұсталған кезден бастап қырық сегiз сағаттан кешiктiрiлмей қаралады.
      Ескерту. 647-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506 , 2004.12.13. N 11 (күшіне ену тәртібін 2-баптан қараңыз), 2007.06.29. N 270 Заңдарымен.

      648-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi
               қарау тәртiбi

      1. Алқалы орган отырысында төрағалық етушi судья немесе лауазымды адам әкiмшiлiк құқық бұзушылық туралы iстi қарауға кiрiскенде:
      1) iстi кiм қарайтынын, қандай iс қаралғалы жатқанын, кiм және осы Кодекстiң қай бабы негiзiнде жауапқа тартылып отырғанын хабарлайды;
      2) әкiмшiлiк жауаптылыққа тартылып отырған жеке тұлғаның немесе заңды тұлға өкiлiнiң, сондай-ақ iстi қарауға қатысатын өзге де адамдардың келгенiне көз жеткiзедi;
      3) iс жүргiзуге қатысушылардың жеке басын анықтайды және жеке тұлғаның заңды өкілдерінің немесе заңды тұлға өкiлдерiнiң, қорғаушының өкiлеттiктерiн тексереді;
      4) iс жүргiзуге қатысушылардың келмей қалу себептерiн анықтайды және аталған адамдар жоқта iс қарау туралы не iс қарауды кейiнге қалдыру туралы шешiм қабылдайды;
      5) қажет болған жағдайларда iс қарау кезiнде қатысуы мiндеттi адамды алып келу туралы ұйғарым шығарады, аудармашы тағайындайды;
      6) iс қарауға қатысушы адамдарға олардың құқықтары мен мiндеттерiн түсiндiредi;
      7) мәлiмделген бас тартуларды және өтiнiш жасауларды шешедi;
      8) әкiмшiлiк құқық бұзушылық туралы хаттаманы, ал қажет болған жағдайда - өзге де материалдарды оқып бередi;
      9) iс қарауды кейiнге қалдыру туралы: егер iс қараушы судьяның не лауазымды адамның, сондай-ақ алқалы орган мүшесiнiң өздiгiнен бас тартуы немесе одан бас тарту iстi мәнi бойынша қарауға кедергi келтiрсе, бас тарту мәлiмделуiне; егер қорғаушыдан, уәкiлеттi өкiлден, сарапшыдан немесе аудармашыдан бас тарту iстi мәнi бойынша қарауға кедергi келтiрсе, аталған бас тартуға; iстi қарауға қатысушы адамдардың келуi немесе iс бойынша қосымша материалдар сұрап алу қажеттiгiне байланысты, сондай-ақ осы Кодекстiң 56-бабының екiншi бөлiгiнде көзделген жағдайларда ұйғарым шығарады. Қажет болған жағдайда судья (лауазымды адам) сараптама тағайындау туралы ұйғарым шығарады;
      10) осы Кодекстiң 646-бабында көзделген жағдайларда iстi мәнi бойынша қарауға беру туралы ұйғарым шығарады.
      1-1. Төрағалық етуші тікелей сот талқылауы барысында процеске қатысушы адамның тарапынан сотқа құрметтемеушілік білдіру фактісін анықтап, факті туралы жариялай отырып, осы баптың бірінші бөлігі 2), 4), 8) және 10) тармақшаларының талаптарын сақтамастан, кінәлі адамға осы Кодекстің 513-бабында көзделген әкімшілік жаза қолдану туралы қаулы шығаруға құқылы.
      Процеске қатысушы адамның тарапынан тікелей сот талқылауы барысында сотқа құрметтемеушілік білдіру фактісін анықтау осы сот отырысының хаттамасында тіркеледі.
      2. Алқалы органның отырысында төрағалық етушi судья немесе лауазымды адам әкiмшiлiк құқық бұзушылық туралы iстi қарауға кiрiсiп, iс бойынша өздерiне қатысты iс жүргiзiлiп жатқан жеке тұлға немесе заңды тұлға өкiлiнiң түсiнiктемелерiн, iс жүргiзуге қатысатын басқа адамдардың айғақтарын, маманның түсiндiрмесiн және сарапшының қорытындысын тыңдайды, өзге де дәлелдемелерді зерттейді, ал iстi қарауға прокурор қатысқан жағдайда оның қорытындысын тыңдайды.
      3. Қажет болған жағдайларда осы Кодексте көзделген басқа да iс жүргiзу iс-әрекеттерi жүзеге асырылады.
      Ескерту. 648-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2006.03.02. N 131, 2007.06.29. N 270, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      649-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарау
               кезiнде анықтауға жататын мән-жайлар

      Судья, орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде әкiмшiлiк құқық бұзушылық жасалғанын, осы адамның соны жасауға кiнәлiлiгiн, оның ол әкiмшiлiк жауаптылыққа жататынын, жауаптылықты жеңiлдететiн және ауырлататын мән-жайлардың болуын, мүлiктiк залал келтiрiлгенiн анықтауға, сондай-ақ iстi дұрыс шешу үшiн маңызы бар басқа да мән-жайларды анықтауға мiндеттi.

      650-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарау
                нәтижелерi бойынша шешiмдердiң түрлерi

      1. Әкiмшiлiк құқық бұзушылық туралы iстi қарап, судья, орган (лауазымды адам) мына қаулылардың бiрiн шығарады:
      1) әкiмшiлiк жаза қолдану туралы;
      2) iс жүргiзудi қысқарту туралы;
      3) iстi осы әкiмшiлiк құқық бұзушылық үшiн өзге түрде немесе мөлшерде жаза қолдануға құқылы судьяның, органның (лауазымды адамның) қарауына беру туралы, сондай-ақ осы Кодекстiң 642-бабында көзделген жағдайларда iстi көлiк құралы (кеме, соның iшiнде шағын көлемдi кеме) есепте тұрған жер бойынша қарауға беру туралы;
      4) (алып тасталды - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңымен).
      1-1. Көлік құралын жүргізушіні жол жүрісі ережелерін білуін тексеруге арналған емтиханды тапсыруға жіберген кезде жол жүрісі ережелерін білуін тексеруге жіберу туралы қаулы шығарылады, оның көшірмесі емтихан тапсыруға жіберілген адамға беріледі.
      1-2. Өзіне қатысты іс қаралған адамның іс-әрекеттерінде осы Кодекстің басқа бабында немесе 2-бөлімі ерекше бөлімінің бабының бөлігінде көзделген әкiмшiлiк құқық бұзушылық белгілері анықталған жағдайда, сот құқық бұзушылықтың саралануын заңның онша қатаң емес әкiмшiлiк жаза көздейтiн бабына немесе бабының бөлігіне өзгертуге құқылы.
      2. Iс жүргiзудi қысқарту туралы қаулы:
      1) осы Кодекстiң 580-бабында көзделген iс жүргiзудi болдырмайтын мән-жайлар болған;
      2) осы Кодекстiң 581-бабында көзделген әкiмшiлiк жауапқа тартпауға мүмкiндiк беретiн мән-жайлар болған;
      3) осы Кодекстiң 35-бабына сәйкес адамды тәртiптiк жауапқа тарту туралы мәселенi шешу үшiн iс материалдарын тиiстi органдарға беретiн жағдайларда шығарылады.
      Ескерту. 650-бапқа өзгерістер енгізілді - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін  2-баптан қараңыз), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңдарымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

      651-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жөнiндегi қаулы

      1. Әкiмшiлiк құқық бұзушылық туралы iс жөнiндегi қаулыда:
      1) қаулыны шығарған судьяның, лауазымды адамның лауазымы, аты-жөнi, алқалы органның атауы мен құрамы;
      2) iстiң қаралған күнi мен орны;
      3) өзiне қатысты iс қаралған тұлға туралы мәлiметтер: жеке тұлғалар үшiн - тегi, аты, әкесiнiң аты, туған күнi, айы, жылы, тұрғылықты жерi, жеке басын куәландыратын құжаттың атауы мен реквизиттерi, сәйкестендiру нөмiрi, тұрғылықты жерi бойынша тiркелгенi туралы мәлiметтер, жұмыс орны; заңды тұлғалар үшiн - атауы, ұйымдық-құқықтық нысаны, тұрған жерi, заңды тұлға ретiнде мемлекеттiк тiркелу нөмiрi және тiркелген күнi, сәйкестендiру нөмiрi және банк реквизиттерi;
      3-1) қаралатын iс бойынша iс жүргiзу тiлi;
      4) осы Кодекстiң әкiмшiлiк құқық бұзушылық үшiн жауаптылық көзделетiн бабы;
      5) iстi қарау кезiнде анықталған мән-жайлар;
      6) iс бойынша шешiм;
      7) қаулыға шағым беру тәртiбi мен мерзімі;
      8) айыппұлды ерікті түрде төлеу мерзімі көрсетілуге тиіс.
      2. Әкiмшiлiк құқық бұзушылық туралы iс жөнiндегi қаулы дәлелдi болуы тиiс.
      Егер судья әкiмшiлiк құқық бұзушылық үшiн жаза қолдану туралы мәселенi шешу кезiнде кiнәлiнiң мүлiктiк залалды өтеуi туралы мәселенi бiр мезгiлде шешсе, қаулыда өтеуге жататын залалдың мөлшерi, оны өтеу мерзiмi мен тәртiбi көрсетiледi.
      Қазақстан Республикасының шегінен әкімшілік жолмен кетіру туралы шешім шығарылған кезде, Қазақстан Республикасының аумағынан шетелдіктің немесе азаматтығы жоқ адамның сол мерзім ішінде кетуі тиіс ақылға қонымды мерзім көрсетіледі.
      3. Әкiмшiлiк құқық бұзушылық туралы iс жөнiндегi қаулыда жеке адамда болған алынып қойылған заттар мен құжаттар туралы, заңды тұлғаға тиесiлi құжаттар мен мүлiк туралы мәселелер шешiлуге тиiс, бұл кезде:
      1) әкiмшiлiк құқық бұзушылық жасаудың құралдары не нысанасы болған және әкiмшiлiк жауапқа тартылған жеке адамға немесе заңды тұлғаға тиесiлi заттар осы Кодекстiң 2-бөлiмiнiң Ерекше бөлiмi нормаларының санкцияларында көзделген жағдайларда тәркiленедi не тиiстi мекемелерге берiледi немесе жойылады, қалған жағдайларда тиесiлi адамына қайтарылады;
      2) айналысына тыйым салынған заттар тиiстi мекемелерге берiледi немесе жойылады;
      3) құнды емес және пайдаланыла алмайтын заттар жойылуға жатады, ал мүдделi адамдар өтiнiш жасаған жағдайларда оларға берiлуi мүмкiн;
      4) заттай дәлелдемелер болып табылатын құжаттар iсте оның бүкiл сақталу мерзiмi iшiнде қалады не мүдделi адамдарға берiледi.
      4. Алқалы органның қаулысы отырысқа қатысқан алқалы орган мүшелерiнiң жай көпшiлiк даусымен қабылданады. Дауыстар тең түскен жағдайда төрағалық етушiнiң дауысы шешушi дауыс болады.
      5. Әкiмшiлiк құқық бұзушылық туралы iс жөнiндегi қаулыға қаулы шығарған судья, алқалы органның отырысында төрағалық еткен лауазымды адам қол қояды.
      Ескерту. 651-бапқа өзгеріс енгізілді - ҚР 2003.12.05 N 506, 2006.01.20 N 123(2006.01.01 бастап қолданысқа енгізілді), 2006.06.22 N 147, 2007.01.12 N 224 (2012.01.01 бастап қолданысқа енгізіледі), 2007.07.27 N 314(2008.01.01 бастап қолданысқа енгізіледі), 2011.07.21 № 467-IV (2011.07.01 бастап қолданысқа енгізіледі), 2012.01.12 N 538-IV (қолданысқа енгiзiлу тәртібін 2-б. қараңыз) Заңдарымен.

      652-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               жөнiндегi қаулыны хабарлау және қаулының
               көшiрмесiн тапсыру

      1. Әкiмшiлiк құқық бұзушылық туралы iс жөнiндегi қаулы iс қаралып бiткен соң дереу хабарланады.
      2. Өздеріне қатысты әкімшілік құқық бұзушылық туралы іс бойынша қаулы шығарылған жеке тұлғаға немесе заңды тұлғаның өкіліне, сондай-ақ жәбірленушіге, жеке тұлғаның заңды өкіліне, әкiмшiлiк құқық бұзушылық туралы iс қозғаған уәкілетті органға (лауазымды адамға) қаулының көшірмесі ол хабарланған күннен бастап үш жұмыс күні ішінде тапсырылады және (немесе) жіберіледі. Әкімшілік қамаққа алу туралы қаулы шығарылған жағдайда қаулының көшірмесі дереу прокурорға жіберіледі.
      3. Ұйым атыс қаруын, сондай-ақ оқ-дәрiнi қызметтiк мiндеттерiн орындауына байланысты сенiп берген немесе уақытша пайдалануға берген адам жөнiнде осы Кодекстiң 332 және 369-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулының көшiрмесi тиiстi ұйымға жiберiледi.
      Ескерту. 652-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2003.12.05. N 506, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      653-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               ұйғарым

      Әкiмшiлiк құқық бұзушылық туралы iс бойынша ұйғарымда, шағым беру мерзiмi мен тәртiбiн қоспағанда, осы Кодекстiң 651-бабының бiрiншi бөлiгiнде көзделген мәлiметтер көрсетiлуге тиiс.

      654-бап. Әкiмшiлiк құқық бұзушылық жасауға ықпал
               еткен себептер мен жағдайларды жою туралы
               ұсыныс

      1. Әкімшілік құқық бұзушылық жасауға ықпал ететін себептер мен жағдайлар анықталған кезде, сондай-ақ әкімшілік заңнаманы бұзушылық болған кезде судья жеке қаулы шығарады, ал орган (лауазымды адам) тиісті ұйымға және лауазымды адамдарға оларды жою жөнінде шаралар қолдану туралы ұсыныс енгізеді.
      2. Ұйымдардың басшылары мен басқа да лауазымды адамдар жеке қаулыны және ұсынысты оны алған күннен бастап бiр ай iшiнде қарауға және ұсыныс енгiзген судьяға, органға (лауазымды адамға) қолданылған шаралар туралы хабарлауға мiндеттi.
      Ескерту. 654-бапқа өзгерістер енгізілді - ҚР 2003.12.05. N 506 Заңымен; 03.07.2013 № 121-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Конституциялық заңымен.

  39-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕР БОЙЫНША
ЗАҢДЫ КҮШIНЕ ЕНБЕГЕН ҚАУЛЫЛАРДЫ ҚАЙТА ҚАРАУ

      655-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               бойынша қаулыға шағым беру, наразылық
               келтiру құқығы

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға осы Кодекстiң 584-588-баптарында аталған адамдар шағым бере алады, сондай-ақ прокурор наразылық келтiре алады.
      2. Мамандандырылған аудандық және оған теңестiрiлген әкiмшiлiк сот және кәмелетке толмағандардың істері жөніндегі сот судьяларының әкiмшiлiк жаза қолдану туралы қаулысына жоғары тұрған сотқа шағым берiлуi, наразылық бiлдiрiлуi мүмкiн.
      2-1. Судья (сот) сотқа құрметтемеушілік білдіру фактісі туралы іс бойынша осы Кодекстің 648-бабы 1-1-бөлігінің тәртібімен шығарған қаулыға жоғары тұрған инстанциядағы сотқа шағым берілуі, наразылық келтірілуі мүмкін. Жоғарғы Сот алқасының сотқа
құрметтемеушілік білдіру фактісі туралы іс бойынша сот отырысында шығарған қаулысы қайта қаралуға жатпайды.
      3. Әкiмшiлiк құқық бұзушылық туралы iс бойынша орган (лауазымды адам) шығарған қаулыға жоғары тұрған органға (жоғары тұрған лауазымды адамға) немесе орган (лауазымды адам) тұрған жер бойынша мамандандырылған аудандық және оған теңестiрiлген әкiмшiлiк сотқа және кәмелетке толмағандардың істері жөніндегі сотқа шағым берiлiп, наразылық келтiрiлуi мүмкiн.
      Ескерту. 655-бапқа өзгерту енгізілді - Қазақстан Республикасының 2002.08.09 N 346 , 2003.07.02 N 451 , 2007.06.29 N 270 , 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз) Заңдарымен.

      656-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               бойынша қаулыға шағым беру, наразылық
               келтiру тәртiбi

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым iс бойынша қаулы шығарған судьяға, органға (лауазымды адамға) жiберiледi, олар шағым, наразылық түскен күннен бастап үш күн мерзiм iшiнде оларды iстiң бүкiл материалдарымен тиiстi сотқа, жоғары тұрған органға (жоғары тұрған лауазымды адамға) жiберуге мiндеттi.
      1-1. Сотқа құрметтемеушілік білдіру фактісі туралы іс бойынша қаулыға осы Кодекстің 655-бабының 2-1-бөлігіне сәйкес шағым берілген, наразылық келтірілген жағдайда, сот отырысы хаттамасынан фактінің анықталуы бөлігіндегі көшірмені сот қаулыға қоса тіркейді.
      2. Шағымды, наразылықты қарауға уәкiлеттi сотқа, жоғары тұрған органға (жоғары тұрған лауазымды адамға) шағым берiлуi, наразылық келтiрiлуi мүмкiн. Әкiмшiлiк құқық бұзушылық туралы iс бойынша орган (лауазымды адам) шығарған қаулыға тiкелей сотқа шағым беру тәртiбi азаматтық iс жүргiзу заңдарымен белгiленедi.
      3. Судьяның әкiмшiлiк қамауға алу түрiнде жаза қолдану туралы қаулысына шағым, наразылық жоғары тұрған сотқа шағым, наразылық алынған күнi жолдануға тиiс.
      4. Егер шағымды, наразылықты қарау әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым берiлген, наразылық келтiрiлген судьяның құзыретiне жатпайтын болса, шағым, наразылық ведомстволық бағыныстылық бойынша жiберiледi.
      Ескерту. 656-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.06.29. N 270 Заңымен.

      657-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               бойынша қаулыға шағым беру, наразылық
               келтiру мерзiмi

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық қаулы көшiрмесi тапсырылған күннен бастап он күн iшiнде, ал егер осы Кодекстiң 584-588-баптарында аталған адамдар iстi қарауға қатыспаса, оны алған күннен бастап берiлуi мүмкiн.
      Салықтық тексеру нәтижелері бойынша анықталған, Қазақстан Республикасының Салық кодексінде белгіленген салық міндеттемесінің немесе Қазақстан Республикасының зейнетақымен қамсыздандыру туралы және міндетті әлеуметтік сақтандыру туралы заңнамасында көзделген міндеттемелердің орындалмауына немесе тиісінше орындалмауына байланысты шығарылған, әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық қаулы көшірмесі тапсырылған немесе алынған күннен бастап отыз жұмыс күні iшiнде берiлуi мүмкiн.
      2. Осы баптың бiрiншi бөлiгiнде көрсетiлген мерзiмдi дәлелдi себептермен өткiзiп алған жағдайда, өзi жөнiнде қаулы шығарылған адамның арызы бойынша шағымды қарауға құқылы сот, орган (лауазымды адам) бұл мерзiмдi қалпына келтiруi мүмкiн.
      Ескерту. 657-бапқа өзгеріс енгізілді - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      658-бап. Шағымның (наразылықтың) мазмұны

      1. Шағым (наразылық) жазбаша түрде берiледi және онда:
      1) шағым берiлiп отырған соттың, жоғары тұрған органның (лауазымды адамның) атауы;
      2) шағым немесе наразылық берушiнiң аты-жөнi (заңды тұлғаның дәл атауы), тұрақты тұрғылықты жерi немесе орналасқан жерi (пошталық мекен-жайы);
      3) құқықтық актiсiне немесе әрекетiне наразылық берiлiп отырған органның немесе мекеменiң атауы не лауазымды адамның тегi мен лауазымы;
      4) шағым берiлiп немесе наразылық келтiрiлiп отырған құқықтық актiнiң немесе iс-әрекеттiң мазмұны, сондай-ақ шағым немесе наразылық берушi құқықтық акт немесе iс-әрекеттер өзiнiң құқықтары мен бостандықтарын бұзды деп есептейтiн себептер;
      5) шағым немесе наразылық берушi айқын тұжырымдаған өтiнiш көрсетiлуге тиiс.
      2. Шағымға немесе наразылыққа оны берушi қол қояды. Заңды тұлға атынан берiлетін шағымға оның өкiлi немесе осыған уәкiлеттiк берілген басқа адам қол қояды.
      3. Егер шағым немесе наразылық басқа адамның мүддесi үшiн берiлсе, онда мүддесiн көздеп шағым немесе наразылық берiлiп отырған адамның атын және тегiн, тұрақты тұрғылықты жерiн немесе орналасқан жерiн (пошталық мекен-жайын) көрсету қажет. Шағымға өкiлеттiктi растайтын құжат қоса тiркеледi.
      4. Шағым немесе наразылық екi дана етiп берiлiп, орган, мекеме немесе лауазымды адам шығарған шағым берiлiп немесе наразылық келтiрiлiп отырған құқықтық акт, сондай-ақ шағымда немесе наразылықта негiздеуге дәлелге келтiрiлген өзге де құжаттар қоса тiркеледi.
      Ескерту. 658-бапқа өзгерсі енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      659-бап. Шағым берiлуiне немесе наразылық келтiрiлуiне
               байланысты қаулының орындалуын тоқтата тұру

      1. Әкiмшiлiк құқық бұзушылық жасалған жерде әкiмшiлiк жаза қолданылған жағдайларды қоспағанда, белгiленген мерзiмде шағым беру әкiмшiлiк жаза қолдану туралы қаулының орындалуын шағым қаралғанға дейiн тоқтата тұрады.
      2. Прокурордың әкiмшiлiк жаза қолдану туралы қаулының орындалуын олардың заңдылығын тексеру кезiнде тоқтата тұруға, уәкiлеттi лауазымды адамдар мен органдарға (соттан басқа) қосымша тексеру жүргiзуге жазбаша нұсқау беруге құқығы бар. Тексеру нәтижелерi бойынша прокурор тиiстi органға қаулының күшiн жою немесе оны өзгерту туралы наразылық енгiзедi немесе қаулының орындалуын тоқтата тұрудың күшiн жояды.
      3. Прокурордың наразылық келтiруi қаулының орындалуын наразылық қаралғанға дейiн тоқтата тұрады.

      660-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулыға шағымды, наразылықты қарау мерзiмдерi

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық олар келiп түскен күннен бастап он күн мерзiмде қаралуға тиiс.
      2. Әкiмшiлiк қамауға алу туралы қаулыға берiлген шағым, наразылық, егер жауапқа тартылған адам әкiмшiлiк қамауға алуды өтеп жатса, шағым немесе наразылық берiлген кезден бастап бiр тәулiк iшiнде қаралуға тиiс.

      661-бап. Судьяның әкімшілік құқық бұзушылық туралы іс
               бойынша қаулысына шағымды, наразылықты судьяның
               жеке-дара қарауы

      Мамандандырылған аудандық және оған теңестірілген әкімшілік сот және кәмелетке толмағандардың істері жөніндегі сот судьясының әкімшілік құқық бұзушылық туралы іс бойынша қаулысына шағымды, наразылықты жоғары тұрған соттың судьясы жеке-дара қарайды.
      Сотқа құрметтемеушілік білдіру фактісі туралы іс бойынша соттың қаулысына судья (сот) осы Кодекстің 648-бабының 1-1-бөлігінде көзделген тәртіппен шығарған шағымды, наразылықты жоғары тұрған соттың судьясы жеке-дара қарайды, ал осындай қаулыны
апелляциялық немесе қадағалаушы сот инстанциялары шығарған жағдайда, жоғары тұрған инстанциядағы сот алқасы қарайды.
      Ескерту. 656-бап жаңа редакцияда - Қазақстан Республикасының 2007.06.29. N 270 , өзгерту енгізілді - 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз) Заңдарымен.

      662-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулыға шағымды, наразылықты қарауға әзiрлеу

      Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты қарауға әзiрлеу кезiнде судья, жоғары тұрған орган, лауазымды адам:
      1) iс жүргiзудi болдырмайтын мән-жайлардың бар-жоғын анықтайды;
      2) өтiнiштердi шешедi, қосымша материалдарды сұрап алады, шағымды, наразылықты қарау үшiн қатысуы қажет деп танылған адамдарды шақырады; қажет болған жағдайда судья сараптама тағайындайды;
      3) егер шағымды, наразылықты қарау өзiнiң құзыретiне жатпаса, оларды бүкiл материалдарымен қоса ведомстволық бағыныстылығы бойынша жiбередi.

      663-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулыға шағымды, наразылықты қарау

      1. Жоғары тұрған орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты қарауға кiрiскенде:
      1) шағымды, наразылықты кiм қарайтынын, қандай шағым, наразылық қаралуға тиiс екенiн, шағымды, наразылықты кiм бергенiн хабарлайды;
      2) iс бойынша өзiне қатысты қаулы шығарылған жеке тұлғаның немесе заңды тұлға өкiлiнiң, сондай-ақ шағымды, наразылықты қарауға қатысу үшiн шақырылған адамдардың келгенiне көз жеткiзедi;
      3) жеке немесе заңды тұлға өкiлдерiнiң, қорғаушының және өкiлдiң өкiлеттiгiн тексередi;
      4) iс жүргiзуге қатысушылардың келмей қалу себептерiн анықтайды және олар жоқта шағымды, наразылықты қарау туралы не шағымды, наразылықты қарауды кейiнге қалдыру туралы шешiм қабылдайды;
      5) шағымды, наразылықты қарауға қатысушы адамдарға олардың құқықтары мен мiндеттерiн түсiндiредi;
      6) мәлiмделген қарсылық бiлдiрулердi және өтiнiштердi шешедi;
      7) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты, ал қажет болған жағдайда өзге де материалдарды жариялайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты қарау кезiнде iсте бар және қосымша табыс етiлген материалдар бойынша шығарылған қаулының заңдылығы мен негiздiлiгi тексерiледi. Жоғары тұрған орган (лауазымды адам) шағым, наразылық дәлелдерiмен байланып қалмайды және iстi толық көлемiнде тексередi, бұл орайда ол жаңа фактiлердi анықтауға және жаңа дәлелдемелердi зерттеуге құқылы.
      3. Жоғары тұрған орган (лауазымды адам) шақырылған адамдардың келмей қалуына, iс бойынша қосымша материалдар сұратылуына, сараптама тағайындауға байланысты және бұл шағымды, наразылықты толық, жан-жақты әрi объективтi қарау үшiн қажет болған басқа жағдайларда шағымның, наразылықтың қаралуын кейiнге қалдыруға құқылы.
      4. Осы баптың бiрiншi, екiншi және үшiншi бөлiктерiнде көзделген ережелер әкiмшiлiк құқық бұзушылық туралы iс бойынша судья (судья) шығарған қаулыға шағымдарды, наразылықтарды жоғары тұрған соттың судьясы (жоғары тұрған инстанциядағы сот) қараған жағдайда да қолданылады. Әкiмшiлiк жаза қолдануға уәкiлеттi орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iс бойынша шығарған қаулыға шағымдарды, наразылықтарды соттың қарау тәртiбi азаматтық iс жүргiзу заңдарымен белгiленедi.
      5. Егер әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым сотқа және жоғары тұрған лауазымды адамға бiр мезгiлде келiп түссе, шағымды сот қарайды.
      Ескерту. 663-бапқа өзгерту енгізілді - ҚР 2007.06.29. N 270, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      664-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулыға шағым, наразылық жөнiндегi шешiм

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты қарап, жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) мына шешiмдердiң бiрiн:
      1) қаулыны өзгертпей, ал шағымды, наразылықты қанағаттандырмай қалдыру туралы;
      2) қаулыны өзгерту туралы;
      3) осы Кодекстiң 68 және 580, 581-баптарында көзделген мән-жайлар болған кезде, сондай-ақ қаулы шығарылғанда негiзге алынған мән-жайлар дәлелденбеген кезде қаулының күшiн жою және iстi қысқарту туралы;
      4) iс бойынша қаулының күшiн жойып, жаңа қаулы шығару туралы;
      5) егер шағымды, наразылықты қарау кезiнде қаулыны құқығы жоқ судья, орган (лауазымды адам) шығарғаны анықталса, қаулының күшiн жойып, iстi ведомстволық бағыныстылығы бойынша қарауға жiберу туралы шешiм қабылдайды.
      2. Шағымды, наразылықты қарау нәтижелерi бойынша шешiм iс бойынша қаулыға шағым, наразылық жөнiнде ұйғарым түрiнде шығарылады. Осы баптың бiрiншi бөлiгiнiң 5) тармақшасында көзделген жағдайда iс бойынша шығарылған ұйғарымда, сондай-ақ қаулыда осы Кодекстiң 651-бабының бiрiншi бөлiгiнде аталған мәлiметтер болуға тиiс.
      3. Жоғары тұрған сот судьясының, мамандандырылған аудандық және оған теңестiрiлген әкiмшiлiк сот және кәмелетке толмағандардың істері жөніндегі сот судьясының, төрағасының қаулысына шағым, наразылық бойынша ұйғарымы, сондай-ақ судьяның осы баптың бiрiншi бөлiгiнiң 5) тармақшасында көзделген жағдайда шығарылған қаулысы түпкiлiктi болып табылады және осы Кодекстiң 40-тарауында көзделген тәртiппен наразылық келтiрiлуi мүмкiн. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық жөнiнде жоғары тұрған органның (лауазымды адамның) ұйғарымына азаматтық iс жүргiзу заңдарында белгiленген тәртiппен сотқа шағым берiлуi, наразылық келтiрiлуi мүмкiн.
      Ескерту. 664-бапқа өзгерту енгізілді - Қазақстан Республикасы 2003.07.02 N 451 , 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін  3-баптан қараңыз) Заңдарымен.

      665-бап. Әкiмшiлiк құқық бұзушылық туралы iс
               бойынша қаулының күшiн жою немесе оны
               өзгерту негiздерi

      Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулының күшiн жоюға немесе өзгертуге және қаулы шығаруға:
      1) судьяның, органның (лауазымды адамның) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыда баяндалған iстiң нақты мән-жайлары туралы тұжырымдарының шағымды, наразылықты қарау кезiнде зерттелген дәлелдемелерге сай келмеуi;
      2) әкiмшiлiк жауаптылық туралы заңды дұрыс қолданбау;
      3) осы Кодекстiң iс жүргiзу нормаларының елеулi түрде бұзылуы;
      4) қаулымен қолданылған әкiмшiлiк жазаның жасалған құқық бұзушылық сипатына, кiнәлiнiң жеке басына немесе заңды тұлғаның мүлiктiк жағдайына сай келмеуi негiздемелер болып табылады.

      666-бап. Судьяның, органның (лауазымды адамның)
               әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулыда баяндалған iстiң нақты мән-жайлары
               туралы тұжырымдарының шағымды, наразылықты
               қарау кезiнде зерттелген дәлелдемелерге сай
               келмеуi

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыда баяндалған iстiң нақты мән-жайлары туралы тұжырымдар шағымды, наразылықты қарау кезiнде зерттелген дәлелдемелерге сай келмейтiнiн анықтап, жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) бұл қаулының күшiн толық немесе iшiнара жояды және шағымды, наразылықты қарау нәтижелерiне сәйкес жаңа қаулы шығарады.
      2. Жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) шағымды, наразылықты қарау процесiнде зерттелген дәлелдемелердi бағалай келiп, әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулымен анықталмаған немесе қаулы шығарған судья, орган (лауазымды адам) назарға алмаған фактiлердi дәлелдендi деп тануға құқылы.

      667-бап. Әкiмшiлiк жауаптылық туралы заңды дұрыс
               қолданбау

      1. Мыналар әкiмшiлiк жауаптылық туралы заңды дұрыс қолданбау болып табылады:
      1) осы Кодекстiң 1-бөлiмiнiң және 2-бөлiмi Жалпы бөлiмiнiң талаптарын бұзу;
      2) осы Кодекстiң 2-бөлiмi Ерекше бөлiмiнiң қолданылуға жататын бабынан немесе бабының бөлiгiнен басқасын қолдану;
      3) осы Кодекстiң 2-бөлiмi Ерекше бөлiмiнiң тиiстi бабының санкциясында көзделгеннен неғұрлым қатаң әкiмшiлiк жаза қолдану.
      2. Жасалған әрекетке шағымды, наразылықты қарау нәтижесiнде берiлген заңдық бағаны дұрыс емес деп танып, жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) құқық бұзушылықтың жiктелуiн заңның онша қатаң емес әкiмшiлiк жаза көзделетiн бабына өзгертуге құқылы.
      3. Жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) шағымды, наразылықты қарау нәтижелерi бойынша неғұрлым қатаң әкiмшiлiк жаза көзделетiн заңды қолдануға немесе жәбiрленушi (прокурор) осы негiздер бойынша шағым (наразылық) берген жағдайда ғана неғұрлым қатаң әкiмшiлiк жаза қолдануға құқылы.

      668-бап. Осы Кодекстiң iс жүргiзу нормаларының
               едәуiр бұзылуы

      1. Iс жүргiзу және оны қарау кезiнде осы Кодекс принциптерiнiң және iске қатысушы адамдардың заңмен кепiлдiк берiлген құқықтарынан айыру немесе оларды тарылту, әкiмшiлiк құқық бұзушылық туралы iс жүргiзу рәсiмдерiн сақтамау немесе iстiң мән-жайын жан-жақты, толық және объективтi зерттеуге өзге жолмен кедергi келтiру арқылы заңды және негiзделген қаулы шығаруға ықпал еткен немесе ықпал етуi мүмкiн өзге де жалпы ережелерiнiң бұзылуы осы Кодекстiң iс жүргiзу нормаларының едәуiр бұзылуы деп танылады.
      2. Iс жүргiзудiң бiржақтылығы немесе толық еместiгi iс үшiн маңызы болуы мүмкiн жол берiлетiн дәлелдемелердi зерттеуден қате шығарып тастаудың немесе дәлелдемелердi зерттеуден негiзсiз бас тартудың; мiндеттi түрде зерттеуге жататын дәлелдемелердi зерттемеудiң нәтижесi болған кезде қаулының күшi жойылуға тиiс.
      3. Егер:
      1) осы Кодекстiң 577, 580, 581-баптарында көзделген негiздер болған жағдайда iс жүргiзу қысқартылмаған болса;
      2) қаулыны әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi емес судья, орган (лауазымды адам) шығарса;
      3) iс қатысуы заң бойынша мiндеттi болып табылатын қорғаушының қатысуынсыз қаралса немесе өзi жөнiнде iс жүргiзiлiп жатқан адамның қорғаушы алу құқығы өзге де жолмен бұзылса;
      4) өзi жөнiнде iс жүргiзiлiп жатқан адамның ана тiлiн немесе өзi бiлетiн тiлдi және аудармашы қызметiн пайдалану құқығы бұзылса;
      5) өзi жөнiнде iс жүргiзiлiп жатқан адамға iстiң мән-жайлары туралы түсiнiктеме беру құқығы берiлмесе;
      6) қаулыға осы Кодекстiң 651-бабының бесiншi бөлiгiнде аталған адамдардан қайсы бiреуiнiң қолы қойылмаса, қаулының барлық жағдайда күшi жойылуға тиiс.
      4. Әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде осы баптың үшiншi бөлiгiнiң 1) тармақшасында көрсетiлген iс жүргiзу нормаларының бұзылуына жол берiлгендiгiн анықтаған соң жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) iс бойынша қаулының күшiн жояды және iс жүргiзудi қысқартады.
      5. Егер әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде iс жүргiзу нормаларының қандай да болсын өзгеше едәуiр бұзылуына жол берiлген болса, жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) iс қарауды жүргiзе отырып, бұл орайда жол берiлген құқық бұзушылықты жоюға шаралар қолданады, сонан соң тиiстi мамандандырылған аудандық және оған теңестiрiлген әкiмшiлiк сот және кәмелетке толмағандардың істері жөніндегі сот судьясының, төмен тұрған органның (лауазымды адамның) қаулысының күшiн жояды және iс қараудың нәтижелерiн ескере отырып, жаңа қаулы шығарады.
      Ескерту. 668-бапқа өзгерту енгізілді - Қазақстан Республикасы 2003.07.02 N 451 , 2003.12.05 N 506 , 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз) Заңдарымен.

      669-бап. Қаулымен қолданылған әкiмшiлiк жазаның
               жасалған құқық бұзушылық сипатына, кiнәлiнiң
               жеке басына немесе заңды тұлғаның мүлiктiк
               қаржы жағдайына сай келмеуi

      1. Қаулымен қолданылған әкiмшiлiк жазаны оның тым қатаңдығы салдарынан әдiл емес, жасалған құқық бұзушылық сипатына, кiнәлiнiң жеке басына немесе заңды тұлғаның мүлiктiк жағдайына сай келмейдi деп танып, жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) әкiмшiлiк жаза қолданудың жалпы ережелерiн басшылыққа ала отырып, жазаны жұмсартады.
      2. Жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) кiнәлiге (заңды тұлғаға) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулымен белгiленген неғұрлым қатаң жаза қолдануы мүмкiн, бiрақ оны осы негiз бойынша прокурор наразылық келтiрген немесе жәбiрленушi шағым берген жағдайда қолданады.

      670-бап. Iс жүргiзудi қысқарту туралы қаулының күшiн
               жою немесе оны өзгерту

      1. Жоғары тұрған соттың судьясы, жоғары тұрған орган (лауазымды адам) iс жүргiзудi қысқартудың негiзсiздiгiне жәбiрленушiнiң шағымы бойынша не прокурордың наразылығы бойынша әкiмшiлiк жаза қолдану туралы қаулы шығара отырып, iс жүргiзудi қысқарту туралы қаулының күшiн жоюы мүмкiн.
      2. Iс жүргiзудi қысқарту туралы қаулы өзi жөнiнде iс жүргiзу қысқартылған адамның шағымы бойынша қысқарту негiздемесi бөлiгiнде өзгертiлуi мүмкiн.

      671-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулыға шағым, наразылық жөнiндегi ұйғарымды
               жария ету

      1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық жөнiндегi ұйғарым ол шығарылғаннан кейiн дереу жария етiледi.
      2. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық жөнiндегi ұйғарымның көшiрмесi ол шығарылғаннан кейiн үш тәулiкке дейiнгi мерзiмде iс бойынша өзіне қатысты қаулы шығарылған жеке тұлғаға немесе заңды тұлғаның өкiлiне, өзi шағым берген жағдайда немесе оның өтiнiшi бойынша жәбiрленушiге, наразылық келтiрген прокурорға тапсырылады немесе жiберiледi.
      3. Әкiмшiлiк қамауға алу туралы iс бойынша қаулыға шағым, наразылық жөнiндегi ұйғарым қаулыны орындаушы органның (лауазымды адамның), сондай-ақ өзi жөнiнде қаулы шығарылған адамның назарына ұйғарым шығарылған күнi жеткiзiледi.
      Ескерту. 671-бапқа өзгерту енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

40-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕР БОЙЫНША ЗАҢДЫ КҮШIНЕ ЕНГЕН ҚАУЛЫЛАРДЫ ЖӘНЕ ОЛАРҒА ШАҒЫМДАРДЫ, НАРАЗЫЛЫҚТАРДЫ ҚАРАУ НӘТИЖЕЛЕРI ЖӨНIНДЕГI ҰЙҒАРЫМДАРДЫ ҚАЙТА ҚАРАУ

      672-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша
               заңды күшiне енген қаулыларды және оларға
               шағымдарды, наразылықтарды қарау нәтижелерi
               жөнiндегi ұйғарымдарды қайта қараудың ерекше
               тәртiбi

      1. Осы Кодекстiң 674-бабының бірінші және екінші бөліктерінде аталған адамдардың наразылығы бойынша, мамандандырылған аудандық және оған теңестірілген әкімшілік соттар және кәмелетке толмағандардың істері жөніндегі соттар судьяларының шығарған әкімшілік құқық бұзушылық туралы істер бойынша күшіне енген қаулылары, мамандандырылған аудандық және оған теңестірілген әкімшілік соттар және кәмелетке толмағандардың істері жөніндегі соттардың судьяларының, аудандық және оған теңестірілген соттар төрағаларының қаулыларына шағым, наразылық бойынша аудандық және оған теңестірілген соттар төрағаларының, жоғары тұрған соттар судьяларының ұйғарымдары, сондай-ақ осы Кодекстің 664-бабының бірінші бөлігінің 5) тармақшасында көзделген жағдайда судьялар (аудандық және оған теңестірілген соттардың төрағалары) шығарған қаулылар сот тәртібімен қайта қаралуы мүмкін. Сондай-ақ судья (сот) осы Кодекстің 648-бабының 1-1-бөлігінде көзделген тәртіппен шығарған сотқа құрметтемеушілік білдіру фактілері туралы істер бойынша заңды күшіне енген қаулылар, Жоғарғы Сот алқасының қаулыларын қоспағанда, сот тәртібімен қайта қаралуы мүмкін. Соттың әкiмшiлiк жауапқа тартылған адамның не өзi жөнiнде әкiмшiлiк iс жүргiзу тоқтатылған адамның жағдайын нашарлататын жағына қарай қайта қарауына соттың немесе уәкiлеттi мемлекеттiк органның қаулысы заңды күшiне енген күннен бастап бiр жыл iшiнде жол берiледi.
      2. Әкімшілік құқық бұзушылық туралы істер бойынша соттың заңды күшіне енген қаулылары әкімшілік құқық бұзушылық туралы осы істе қолданылған заңды немесе өзге де нормативтік құқықтық актіні Қазақстан Республикасының Конституциялық Кеңесі конституциялық емес деп таныған жағдайда, осы Кодекстің 674-бабының бірінші және екінші бөліктерінде аталған тұлғалардың наразылығы бойынша қайта қаралады.
      Ескерту. 672-бапқа өзгеріс енгізілді - Қазақстан Республикасының 2002.08.09 N 346 , 2003.07.02 N 451 , 2007.06.29 N 270 , 2008.07.05 N 64-IV (қолданысқа енгізілу тәртібін 3-баптан қараңыз), 2012.07.10 N 32-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       673-бап. Әкiмшiлiк құқық бұзушылық туралы iстер
               бойынша қаулыларды және оларға шағымдарды,
               наразылықтарды қарау нәтижелерi жөнiндегi
               ұйғарымдарды қайта қарауға құқықты соттар

      Осы Кодекстiң 672-бабында аталған заңды күшiне енген қаулыларды және ұйғарымдарды облыстық және оларға теңестiрiлген соттардың алқалары, ал осы Кодекстің 672-бабында көрсетілген сотқа құрметтемеушілік білдіру фактілері туралы істер бойынша қаулыларды жоғары тұрған инстанциядағы сот алқасы қайта қарауға құқылы.
      Ескерту. 673-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.06.29. N 270 Заңымен.

      674-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша
                қаулыларға және оларға шағымдарды,
                наразылықтарды қарау нәтижелерi жөнiндегi
                ұйғарымдарға наразылық келтiру

      1. Осы Кодекстiң 672-бабында аталған заңды күшiне енген қаулыларға және ұйғарымдарға наразылық келтiру құқығы Бас Прокурорға, оның орынбасарларына, облыстардың прокурорларына және оларға теңестiрiлген прокурорлар мен олардың орынбасарларына берiлген.
      2. Осы Кодекстiң 672-бабында аталған заңды күшiне енген қаулыларды және ұйғарымдарды қайта қарау туралы өтiнiштер жасауға әкiмшiлiк жауапқа тартылған адамның, жәбiрленушiнiң, аталған адамдардың қорғаушыларының, заңды өкiлдерi мен өкiлдерiнiң құқығы бар.
      Ескерту. 674-бапқа өзгерту енгізілді - Қазақстан Республикасының 2002.08.09. N 346 Заңымен.

       675-бап. Әкiмшiлiк жаза қолдану туралы қаулының
               орындалуын тоқтата тұру

      1. Осы Кодекстiң 674-бабының бiрiншi бөлiгiнде аталған адамдардың осы Кодекстiң 674-бабында аталған, заңды күшiне енген қаулыларға және ұйғарымдарға наразылық келтiруi бұл қаулылардың, ұйғарымдардың орындалуын тоқтата тұрады.
      2. Осы Кодекстiң 674-бабының бiрiншi бөлiгiнде аталған адамдардың судья шығарған әкiмшiлiк қамауға алу туралы қаулыға наразылық келтiруi бұл қаулының орындалуын тоқтата тұрмайды.

      676-бап. Әкiмшiлiк құқық бұзушылық туралы iстер
               бойынша заңды күшiне енген қаулыларды
               Қазақстан Республикасының Жоғарғы Сотында
               қайта қарау

      Қазақстан Республикасы Бас Прокурорының және оның орынбасарларының наразылығы бойынша Қазақстан Республикасы Жоғарғы Сотының Алқасы заңды күшiне енген әкiмшiлiк құқық бұзушылық туралы кез келген iс бойынша қаулының, сол сияқты қаулыға шағымды, наразылықты қарау нәтижелерi жөнiндегi ұйғарымның (қаулының) заңдылығы мен негiздiлiгiн тексеруге және қабылданған шешiмдi қайта қарауға құқылы.
      Ескерту. 676-бапқа өзгерту енгізілді - Қазақстан Республикасының 2002.08.09. N 346 Заңымен.

  41-тарау. АҚТАУ. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТI
ҚАРАУҒА УӘКIЛЕТТI ОРГАННЫҢ (ЛАУАЗЫМДЫ АДАМНЫҢ) ЗАҢСЫЗ
ӘРЕКЕТТЕРIМЕН КЕЛТIРIЛГЕН ЗИЯНДЫ ӨТЕУ

      677-бап. Әкiмшiлiк жауапқа тартылған адамның
               кiнәсiздiгiн тану жолымен ақтау

      1. Өзіне қатысты судьяның, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi органның (лауазымды адамның) осы Кодекстiң 580-бабы бірiншi бөлiгiнiң 1) – 7) және 11) тармақшаларында көзделген негiздер бойынша iстi тоқтату туралы қаулысы шығарылған адам кiнәсіз деп есептеледi және оның Қазақстан Республикасының Конституциясында және заңдарында кепiлдiк берiлген құқықтары мен бостандықтарына қандай да болсын шектеулер қоюға болмайды.
      2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттi судья, орган (лауазымды адам) осы баптың бiрiншi бөлiгiнде аталған адамды ақтау және әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi судьяның, органның (лауазымды адамның) заңсыз әрекеттерi нәтижесiнде оған келтiрiлген зиянды өтеу жөнiнде заңда көзделген шаралардың бәрiн қолдануға тиiс.
      Ескерту. 677-бапқа өзгеріс енгізілді - ҚР 04.07.2013 № 127-V Заңымен (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі).

      678-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарауға
               органның (лауазымды адамның) заңсыз әрекеттерi
               нәтижесiнде келтiрiлген зиянды өтеттiруге
               құқығы бар адамдар

      1. Әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi судьяның, органның (лауазымды адамның) кiнәсiне қарамастан, заңсыз әкiмшiлiк ұстау, әкiмшiлiк қамау, медициналық сипаттағы мәжбүрлеу шараларын қолдану нәтижесiнде адамға келтiрiлген зиян республикалық бюджеттен толық көлемiнде өтеледi.
      2. Әкiмшiлiк құқық бұзушылық туралы iс қарауға уәкiлеттi судьяның, органның (лауазымды адамның) заңсыз әрекеттерi нәтижесiнде келтiрiлген зиянды өтетуге:
      1) осы Кодекстiң 584-бабының бiрiншi бөлiгiнде аталған адамдардың;
      2) егер іс бойынша iс жүргiзу әкiмшiлiк құқық бұзушылық туралы iс бойынша iс жүргiзудi болдырмайтын мән-жайлар болуына қарамастан басталса немесе олар анықталған кезден бастап тоқтатылмаса, өздеріне қатысты iс бойынша iс жүргiзу басталмауға тиiс, ал басталғаны осы Кодекстiң 580-бабы бірiншi бөлiгiнiң 1) – 7) және 11) тармақшаларында көзделген негiздер бойынша тоқтатылуға жататын адамдардың құқығы бар.
      3. Жеке тұлға қайтыс болған жағдайда зиянды өтеттiру құқығы оның мұрагерлерiне көшедi.
      4. Егер iс жүргiзу барысында адамның ерiктi түрде өзiне-өзi айып тағу жолымен шындықты анықтауға кедергi келтiргенi, сөйтiп осы баптың бiрiншi бөлiгiнде аталған зардаптардың тууына ықпал еткенi дәлелденсе, оның зияны өтеуге жатпайды.
      5. Осы баптың ережелерi нақ бұл баптың екiншi бөлiгiнiң 2) тармақшасында аталған мән-жайлар болмаған кезде адамға қолданылған әкiмшiлiк жазаның және басқа да әкiмшiлiк-құқықтық ықпал ету шараларының күшi жойылған немесе ескiру мерзiмiнiң өтуiне, әкiмшiлiк жауаптылықты жоятын немесе әкiмшiлiк жазаны жұмсартатын заңның қабылдануына байланысты өзгерген жағдайларға қолданылмайды.
      Ескерту. 678-бапқа өзгерістер енгізілді - ҚР 2006.01.20. N 123 (01.01.2006 бастап  қолданысқа енгізілді); 04.07.2013 № 127-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       679-бап. Өтеуге жататын зиян

      Осы Кодекстiң 678-бабында аталған адамдардың мүлiктiк зиянды толық көлемiнде өтетуге, моральдық зиян салдарын жойғызуға және барлық жоғалтқан немесе нұқсан келтiрiлген құқықтарын қалпына келтiртуге құқығы бар.

      680-бап. Зиянды өтеттiру құқығын тану

      Әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) адамды толық немесе iшiнара ақтау туралы шешiм қабылдап, олардың кейiн зиянды өтеттiру құқығын тануға тиiс. Iстi қысқарту туралы, өзге де заңсыз шешiмдердiң күшiн жою немесе оларды өзгерту туралы қаулының көшiрмесi мүдделi адамға тапсырылады не поштамен жiберiледi. Сонымен бiрге оған зиянды өтеу тәртiбi түсiндiрiлген хабарлама жiберiледi. Зиян өтемiне құқығы бар өлген адам мұрагерлерiнiң, туыстарының немесе асырауындағылардың тұрғылықты жерi туралы мәлiметтер болмаған жағдайда олар әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi органға (лауазымды адамға) жүгiнген күннен бастап бес күннен кешiктiрмей оларға хабарлама жiберiледi.

      681-бап. Мүлiктiк зиянды өтеу

      1. Осы Кодекстiң 678-бабында аталған адамдарға келтiрiлген мүлiктiк зиян:
      1) олар айырылған жалақының, зейнетақының, жәрдемақының, өзге де қаражаттар мен табыстардың;
      2) судья қаулысының негiзiнде заңсыз тәркiленген немесе өтемсiз алып қойылған мүлiктiң; мүлiктi қайтару мүмкiн болмаған жағдайда оның құны қайтарылады;
      3) iстi шешуге уәкiлеттi органның (лауазымды адамның) заңсыз қаулысын орындау үшiн салынған айыппұлдардың; iс жүргiзу шығындары мен әрекеттерге байланысты төлеген өзге де сомаларының;
      4) адамның заң көмегiн көрсету үшiн төлеген сомаларының;
      5) әкiмшiлiк жауапқа заңсыз тарту нәтижесiнде келтiрiлген өзге де шығындарының өтелуiн қамтиды.
      2. Iс жүргiзумен байланысты осы Кодекстiң 584-бабының бiрiншi бөлiгiнде аталған адамдарды әкiмшiлiк қамауды атқару орындарында ұстауға жұмсалған сомаларды, iс жүргiзу шығындарын, сол сияқты осы адамдардың әкiмшiлiк қамауды атқару кезiнде қайсы бiр жұмыстарды орындағаны үшiн тапқан табысын әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi органның (лауазымды адамның) заңсыз әрекеттерi нәтижесiнде келтiрiлген зиянның өтемiн төлеуге жататын сомадан шегерiп тастауға болмайды.
      3. Осы Кодекстiң 678-бабының екiншi және үшiншi бөлiктерiнде аталған адамдар осы Кодекстiң 652-бабында аталған құжаттардың көшiрмесiн зиянын өтеу тәртiбi туралы хабарламамен бiрге алған кезде iстi қысқарту, өзге де заңсыз шешiмдердiң күшiн жою немесе оларды өзгерту туралы қаулы шығарған органға (лауазымды адамға) мүлiктiк зиянын өтеу туралы талап қойып жүгiнуге құқылы. Егер iстi жоғары тұрған орган (лауазымды адам) немесе сот қысқартса, зиянды өтеу туралы талап заңсыз қаулы шығарған органға (лауазымды адамға) жiберiледi. Егер судья қараған iстi жоғары тұрған сот қысқартса, зиянды өтеу туралы талап заңсыз қаулы шығарған судьяға жiберiледi. Кәмелетке толмаған адам ақталған жағдайда зиянды өтеу туралы талапты оның заңды өкiлi мәлiмдей алады.
      4. Арыз түскен күннен бастап бiр айдан кешiктiрмей осы баптың үшiншi бөлiгiнде аталған орган (лауазымды адам) қажет болған жағдайларда қаржы органдарынан және әлеуметтiк қамсыздандыру органдарынан есебiн сұрап ала отырып, зиянның мөлшерiн анықтайды, сонан соң инфляцияны ескере отырып, осы зиянды өтеуге төлем жасау туралы қаулы шығарады. Егер iстi сот қысқартса, аталған iс-әрекеттi iстi қараған судья жүргiзедi.
      5. Елтаңбалы мөрмен куәландырылған қаулының көшiрмесi төлем жасауға мiндеттi органдарға ұсыну үшiн адамға тапсырылады немесе жолданады. Төлем тәртiбi заңмен белгiленедi.

      682-бап. Моральдық зиянның зардаптарын жою

      1. Адамды ақтау туралы шешiм қабылдаған орган (лауазымды адам) келтiрiлген зиян үшiн одан ресми кешiрiм сұрауға мiндеттi.
      2. Келтiрiлген моральдық зиян үшiн ақшалай өтемақы туралы талап-арыздар азаматтық сот iсiн жүргiзу тәртiбiмен қойылады.
      3. Егер адам әкiмшiлiк жауапқа заңсыз тартылса, ал бұл туралы мәлiметтер баспасөзде жарияланып, радио, теледидар немесе өзге де бұқаралық ақпарат құралдары арқылы таратылған болса, осы адамның талап етуi бойынша, ал ол қайтыс болған жағдайда - оның туыстарының немесе прокурордың талап етуi бойынша тиiстi бұқаралық ақпарат құралдары бiр ай iшiнде бұл туралы қажеттi хабарлама жасауға мiндеттi.
      4. Осы Кодекстiң 678-бабында аталған адамдардың талап етуi бойынша әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) өздерiнiң заңсыз шешiмдерiнiң күшi жойылғаны туралы екi апта мерзiмде олардың жұмыс, оқу орнына, тұрғылықты жерiне жазбаша хабарлама жiберуге мiндеттi.

      683-бап. Талаптар қою мерзiмдерi

      1. Мүлiктiк зиянды өтеуге ақшалай төлем жасау туралы талаптарды осы Кодекстiң 678-бабында аталған адамдар осындай төлемдер жасау туралы қаулыны алған кезден бастап бiр жыл iшiнде қоя алады.
      2. Өзге құқықтарды қалпына келтiру туралы талаптар құқықтарды қалпына келтiру тәртiбi түсiндiрiлетiн хабарлама алынған күннен бастап алты ай iшiнде қойылуы мүмкiн.
      3. Дәлелдi себептермен бұл мерзiмдердi өткiзiп алған жағдайда оларды мүдделi адамдардың арызы бойынша әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi орган (лауазымды адам) қалпына келтiре алады.

      684-бап. Заңды тұлғалардың зиянын өтеу

      Әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi органның (лауазымды адамның) заңсыз әрекеттерiмен заңды тұлғаларға келтiрiлген зиянды толық көлемiнде және осы тарауда белгiленген мерзiмде мемлекет өтейдi.

      685-бап. Құқықтарды талап-арыз тәртiбiмен қалпына
               келтiру

      Егер ақтау немесе зиянды өтеу туралы талап қанағаттандырылмаса не адам қабылданған шешiммен келiспесе, оның азаматтық сот iсiн жүргiзу тәртiбiмен сотқа жүгiнуге құқығы бар.

42-тарау. АРТЫҚШЫЛЫҚТАРЫ ЖӘНЕ ӘКIМШIЛIК ЖАУАПТЫЛЫҚТАН
ҚОРҒАНЫШЫ БАР АДАМДАРДЫҢ IСТЕРI БОЙЫНША IС ЖҮРГIЗУ
ЕРЕКШЕЛIКТЕРI

      686-бап. Қазақстан Республикасы Парламентi депутатының
               әкiмшiлiк жауаптылығы

      1. Қазақстан Республикасы Парламентiнiң депутатын Қазақстан Республикасы Парламентi тиiстi Палатасының келiсiмiнсiз өз өкiлеттiгi мерзiмi iшiнде алып келуге, сот тәртiбiмен қолданатын әкiмшiлiк жаза шараларына тартуға болмайды.
      2. Депутатты сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауапқа тартуға, алып келуге келiсiм алу үшiн Қазақстан Республикасының Бас прокуроры Қазақстан Республикасы Парламентiнiң Сенатына немесе Мәжiлiсiне тиiсiнше ұсыныс енгiзедi. Ұсыныс әкiмшiлiк құқық бұзушылық туралы iс сотқа жiберiлер алдында, сондай-ақ депутатты әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу қажеттiгi туралы мәселенi шешер алдында енгiзiледi.
      3. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы депутатты сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауапқа тартуға келiсiм берсе, iс бойынша одан әрi iс жүргiзу осы бапта көзделген ерекшелiктер ескерiле отырып, осы Кодексте белгiленген тәртiппен жүргiзiледi.
      4. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы алып келуге келiсiм берсе, әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз етудiң бұл шарасын депутатқа қолдану туралы мәселе осы Кодексте белгiленген тәртiппен шешiледi.
      5. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы депутатты сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауапқа тартуға келiсiм бермесе, iс жүргiзу осы негiзбен қысқартылуға тиiс.
      6. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы алып келуге келiсiм бермесе, депутатқа осы Кодексте белгiленген тәртiппен әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз етудiң өзге шаралары қолданылуы мүмкiн.
      7. Қазақстан Республикасы Парламентiнiң депутатына қатысты сот тәртiбiмен әкiмшiлiк құқық бұзушылық туралы iс қараудың заңдылығын қадағалауды Қазақстан Республикасының Бас прокуроры жүзеге асырады.

      687-бап. Президенттiкке, Парламент депутаттығына
               кандидаттардың әкiмшiлiк жауаптылығы

      1. Президенттiкке, Парламент депутаттығына кандидаттарды олардың тiркелген күнiнен бастап, сайлау қорытындылары жарияланғанға дейiн Орталық сайлау комиссиясының келiсiмiнсiз алып келуге, оларға сот тәртiбiмен қолданылатын әкiмшiлiк жаза шараларына тартуға болмайды.
      2. Президенттiкке, Парламент депутаттығына кандидаттарды әкiмшiлiк жауапқа тарту туралы ұсынысты Орталық сайлау комиссиясына әкiмшiлiк құқық бұзушылық туралы iс сотқа жiберiлер алдында Қазақстан Республикасының Бас прокуроры енгiзедi.
      3. Бас прокурор Орталық сайлау комиссиясының шешiмiн алғаннан кейiн iстi одан әрi жүргiзу осы Кодекстiң 643-бабында белгiленген тәртiппен жүргiзiледi.

      688-бап. Қазақстан Республикасы Конституциялық
               Кеңесi Төрағасының немесе мүшелерiнiң
               әкiмшiлiк жауаптылығы

      1. Қазақстан Республикасы Конституциялық Кеңесiнiң Төрағасын немесе мүшелерiн өз өкiлеттiгi мерзiмi iшiнде Қазақстан Республикасы Парламентiнiң келiсiмiнсiз алып келуге, сот тәртiбiмен қолданатын әкiмшiлiк жаза шараларына тартуға болмайды.
      2. Қазақстан Республикасы Конституциялық Кеңесiнiң Төрағасын немесе мүшелерiн сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауапқа тартуға, алып келуге келiсiм алу үшiн Қазақстан Республикасының Бас прокуроры Қазақстан Республикасының Парламентiне тиiстi ұсыныс енгiзедi. Ұсыныс әкiмшiлiк құқық бұзушылық туралы iс сотқа жiберiлер алдында, Қазақстан Республикасы Конституциялық Кеңесiнiң Төрағасын немесе мүшелерiн әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу қажеттiгi туралы мәселенi шешер алдында енгiзiледi.
      3. Қазақстан Республикасының Бас прокуроры Қазақстан Республикасы Парламентiнiң шешiмiн алғаннан кейiн iстi одан әрi жүргiзу осы Кодекстiң 643-бабында белгiленген тәртiппен жүргiзiледi.

      689-бап. Судьяның әкiмшiлiк жауаптылығы

      1. Судьяны Қазақстан Республикасы Президентiнiң Республика Жоғары Сот Кеңесiнiң қорытындысына негiзделген келiсiмiнсiз не Қазақстан Республикасы Конституциясы 55-бабының 3) тармақшасында белгiленген жағдайда Қазақстан Республикасы Парламентi Сенатының келiсiмiнсiз қамауға алуға, тұтқындауға, алып келуге, сот тәртiбiмен қолданатын әкiмшiлiк жаза шараларына тартуға болмайды.
      2. Судьяны сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауапқа тартуға, алып келуге келiсiм алу үшiн Қазақстан Республикасының Бас прокуроры Қазақстан Республикасының Президентiне, ал Конституцияның 55-бабының 3) тармақшасында көзделген жағдайда Қазақстан Республикасы Парламентiнiң Сенатына ұсыныс енгiзедi. Ұсыныс әкiмшiлiк құқық бұзушылық туралы iс сотқа жiберiлер алдында, судьяны әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу қажеттiгi туралы мәселенi шешер алдында енгiзiледi.
      3. Қазақстан Республикасының Бас прокуроры Қазақстан Республикасы Президентiнiң, Қазақстан Республикасы Парламентi Сенатының шешiмiн алғаннан кейiн iстi одан әрi жүргiзу осы Кодекстiң 643-бабында белгiленген тәртiппен жүргiзiледi.

      690-бап. Қазақстан Республикасы Бас прокурорының
               әкiмшiлiк жауаптылығы

      1. Қазақстан Республикасының Бас прокурорын өз өкiлеттiгi мерзiмi iшiнде Қазақстан Республикасы Парламентi Сенатының келiсiмiнсiз алып келуге, сот тәртiбiмен қолданатын әкiмшiлiк жаза шараларына тартуға болмайды.
      2. Қазақстан Республикасының Бас прокурорын сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауапқа тартуға, алып келуге келiсiм алу үшiн Бас прокурордың бiрiншi орынбасары Қазақстан Республикасы Парламентiнiң Сенатына ұсыныс енгiзедi. Ұсыныс әкiмшiлiк құқық бұзушылық туралы iс сотқа жiберiлер алдында, Бас прокурорды әкiмшiлiк құқық бұзушылық туралы iстi қарауға уәкiлеттi сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу қажеттiгi туралы мәселенi шешер алдында енгiзiледi.
      3. Қазақстан Республикасы Бас прокурорының бiрiншi орынбасары Қазақстан Республикасы Парламентi Сенатының шешiмiн алғаннан кейiн iстi одан әрi жүргiзу осы Кодекстiң 643-бабында белгiленген тәртiппен жүргiзiледi.
      4. Қазақстан Республикасының Бас прокурорына қатысты сот тәртiбiмен әкiмшiлiк құқық бұзушылық туралы iстi қараудың заңдылығын қадағалауды оның бiрiншi орынбасары жүзеге асырады.

      691-бап. Судьяның Қазақстан Республикасы Парламентiнiң
               депутаты не Қазақстан Республикасы
               Конституциялық Кеңесiнiң Төрағасына немесе
               мүшелерiне, судьяға, Қазақстан Республикасының
               Бас прокурорына қатысты әкiмшiлiк құқық
               бұзушылық туралы iстi қарауы

      1. Iстi қарау әкiмшiлiк жауаптылықтан артықшылықтары мен қорғанышы бар адамдардың iстерiн жүргiзу ерекшелiктерiмен қоса, жалпы ережелер бойынша жүргiзiледi.
      2. Егер iстi судья қарағанға дейiн Қазақстан Республикасы Конституциясы 52-бабының 4-тармағында, 71-бабының 5-тармағында, 79-бабының 2-тармағында, 83-бабының 3-тармағында аталған мемлекеттiк органдар алып келуге келiсiм беруден бас тартылған болса немесе мұндай келiсiм сұралмаса, судья осы Кодекстiң 686-бабының екiншi бөлiгiне сәйкес белгiленген тәртiппен алып келуге келiсiм беру туралы ұсыным жасап, Қазақстан Республикасы Парламентiнiң депутатына, Қазақстан Республикасы Конституциялық Кеңесiнiң Төрағасына немесе мүшелерiне, судьяға, Қазақстан Республикасының Бас прокурорына әкiмшiлiк құқық бұзушылық туралы iс жүргiзудi қамтамасыз ету шарасы ретiнде алып келудi қолдануға құқылы.

      692-бап. Әкiмшiлiк жауаптылықтан дипломатиялық
               қорғанышы бар адамдар

      1. Қазақстан Республикасының заңдарына және Қазақстан Республикасы бекiткен халықаралық шарттарға сәйкес сот тәртiбiмен әкiмшiлiк жауаптылықтан қорғанышты Қазақстан Республикасында мына адамдар пайдаланады:
      1) шет мемлекеттер дипломатиялық өкiлдiктерiнiң басшылары, осы өкiлдiктердiң дипломатиялық қызметкер мүшелерi және егер олар өздерiмен бiрге тұрып жатса және Қазақстан Республикасының азаматтары болмаса, олардың отбасы мүшелерi;
      2) егер бұл қызметкерлер және олардың отбасы мүшелерi Қазақстан Республикасының азаматтары болмаса немесе Қазақстанда тұрақты тұрмаса, өзара келiсiм негiзiнде дипломатиялық өкiлдiктердiң қызмет көрсетушi қызметiнiң қызметкерлерi мен олардың өздерiмен бiрге тұратын отбасы мүшелерi, консулдықтардың басшылары және, Қазақстан Республикасының халықаралық шарттарында өзгеше көзделмесе, олардың қызмет мiндеттерiн атқару кезiнде жасаған әрекеттерiне қатысты консулдықтың басқа да лауазымды адамдары;
      3) егер бұл қызметкерлер және олардың отбасы мүшелерi Қазақстан Республикасының азаматтары болмаса немесе Қазақстанда тұрақты тұрмаса, өзара келiсiм негiзiнде дипломатиялық өкiлдiктердiң әкiмшiлiк-техникалық қызмет қызметкерлерi және олардың өздерiмен бiрге тұратын отбасы мүшелерi;
      4) дипломатиялық курьерлер;
      5) шет мемлекеттердiң басшылары мен өкiлдерi, парламенттiк және үкiметтiк делегациялардың мүшелерi және, өзара келiсiм негiзiнде, - Қазақстанға халықаралық келiссөздерге, халықаралық конференцияларға және кеңестерге қатысуға немесе басқа да ресми тапсырмалармен келетiн шет мемлекеттер делегацияларының қызметкерлерi не осындай мақсаттармен Қазақстан Республикасы аумағы арқылы өтiп бара жатқандар және егер отбасы мүшелерi Қазақстан Республикасының азаматтары болмаса, аталған адамдарға ерiп жүрген отбасы мүшелерi;
      6) Қазақстан Республикасы аумағында орналасқан халықаралық ұйымдардағы шет мемлекеттер өкiлдiктерiнiң басшылары, мүшелерi және қызметкерлерi, осы ұйымдардың лауазымды адамдары халықаралық шарттар немесе жалпы танылған халықаралық ғұрыптар негiзiнде;
      7) Қазақстан Республикасы аумағы арқылы өтiп бара жатқан үшiншi бiр елдегi шет мемлекеттер дипломатиялық өкiлдiктерiнiң басшылары, дипломатиялық өкiлдiктiң қызметкер мүшелерi және аталған адамдарға ерiп жүрген немесе оларға қосылу немесе өз елiне қайту үшiн бөлек бара жатқан отбасы мүшелерi;
      8) Қазақстан Республикасының халықаралық шартына сәйкес өзге де адамдар.
      2. Осы баптың бiрiншi бөлiгiнiң 1), 4)-7) тармақшаларында аталған адамдар, сондай-ақ Қазақстан Республикасының халықаралық шартына сәйкес өзге де адамдар шет мемлекет қорғаныш беруден бас тартқан жағдайда ғана сот тәртiбiмен әкiмшiлiк жауапқа тартылуы мүмкiн. Мұндай бас тарту туралы мәселе Қазақстан Республикасы Бас прокурорының ұсынысы бойынша Қазақстан Республикасының Сыртқы iстер министрлiгi арқылы дипломатиялық жолмен шешiледi. Аталған адамдарға қорғаныш беруден тиiстi шет мемлекеттiң бас тартуы болмаған кезде оларға қатысты әкiмшiлiк iс жүргiзу қозғала алмайды, ал қозғалғаны қысқартылуға тиiс.
      3. Егер Қазақстан Республикасының халықаралық шарттарында өзгеше көзделмесе, осы баптың бiрiншi бөлiгiнiң ережелерi осы баптың бiрiншi бөлiгiнiң 2) және 3) тармақшаларында аталған адамдарға қолданылмайды, бұған сол адамдар жасаған құқық бұзушылық олардың өз қызмет мiндеттерiн атқарумен байланысты болған және Қазақстан Республикасының мүдделерiне қарсы бағытталмаған жағдайлар қосылмайды.

      693-бап. Дипломатиялық қорғанышты пайдаланатын
               адамдарды тексеру, әкiмшiлiк ұстау және
               алып келу

      Осы Кодекстiң 692-бабының бiрiншi бөлiгiнiң 1), 4)-7) тармақшаларында тiзiп келтiрiлген адамдар, сондай-ақ Қазақстан Республикасының халықаралық шарттарына сәйкес өзге де адамдар жеке басына ешкiм тиiспеушiлiктi пайдаланады. Әкiмшiлiк құқық бұзушылық жасағаны үшiн олардың жеке басын тексеруге, ұстауға немесе алып келуге болмайды. Олардың жанында болған заттарға да тексеру жүргiзуге болмайды.

      694-бап. Айғақ беруден дипломатиялық қорғаныш

      1. Осы Кодекстің 692-бабының бiрiншi бөлiгiнiң 1), 3)-6) тармақшаларында тiзiп келтiрiлген адамдардың, сондай-ақ өзге де адамдардың Қазақстан Республикасының халықаралық шарттарына сәйкес куә, жәбiрленушi ретiнде айғақ беруiне болмайды, ал мұндай айғақ беруге келiскен жағдайда бұл үшiн әкiмшiлiк құқық бұзушылық туралы iстi қараушы судьяға, органға (лауазымды адамға) келуге мiндеттi емес. Сұрау үшiн аталған адамдарға тапсырылған шақыруда олардың келмегенi үшiн мәжбүрлеу шараларымен қорқыту болмауға тиiс.
      2. Егер бұл адамдар әкiмшiлiк iс жүргiзу барысында жәбiрленушiлер, куәлар ретiнде айғақ берiп, ал iстi қарауға келмей қалса, әкiмшiлiк құқық бұзушылық туралы iстi қараушы судья, орган (лауазымды адам) олардың айғақтарын оқып бере алады.
      3. Осы Кодекстiң 692-бабының бiрiншi бөлiгiнiң 2) тармақшасында аталған адамдар өздерiнiң қызмет мiндеттерiн атқарумен байланысты мәселелерден басқа, куәлар және жәбiрленушiлер ретiнде айғақ беруден бас тарта алмайды. Консулдық лауазымды адамдар куәгерлiк айғақ беруден бас тартқан жағдайда оларға әкiмшiлiк құқық бұзушылық туралы iс бойынша қамтамасыз ету шараларын қолдануға болмайды.
      4. Дипломатиялық қорғанышты пайдаланатын адамдар әкiмшiлiк құқық бұзушылық туралы iстi қараушы судьяға, органға (лауазымды адамға) өздерiнiң қызмет мiндеттерiн атқаруға қатысты хат-хабарды және басқа да құжаттарды табыс етуге мiндеттi емес.

      695-бап. Үй-жайлардың және құжаттардың дипломатиялық
               қорғанышы

      1. Дипломатиялық өкiлдiк басшысының резиденциясы, дипломатиялық өкiлдiк орналасқан үй-жай, дипломатиялық қызмет мүшелерiнiң және олардың отбасы мүшелерiнiң тұрғын үй-жайлары, олардағы мүлiк және жүрiс-тұрыс құралдары ешкiм тиiспейтiн болып табылады. Бұл үй-жайларға кiрудi, оларды қарауды, сондай-ақ жүрiс-тұрыс құралдарын тексерудi дипломатиялық өкiлдiк басшысының немесе оның орнындағы адамның келiсiмiмен ғана жүргiзуге болады.
      2. Осы баптың бiрiншi бөлiгiнде көзделген қорғаныш өзара келiсiм негiзiнде, егер бұл қызметкер мен олардың отбасы мүшелерi Қазақстан Республикасының азаматтары болмаса, дипломатиялық өкiлдiк қызметкерiне қызмет көрсетушi қызметкерлердiң және олардың өздерiмен бiрге тұратын отбасы мүшелерiнiң тұрғын үй-жайларына да қолданылады.
      3. Консулдық орналасқан үй-жай және консулдық басшысының резиденциясы өзара келiсiм негiзiнде ешкiмнiң тиiспеушiлiгiн пайдаланады. Бұл үй-жайларға кiру, оларды қарау тек тиiстi шет мемлекеттiң консулдығы немесе дипломатиялық өкiлдiгi басшыларының өтiнiшiмен немесе олардың келiсуiмен ғана орын алуы мүмкiн.
      4. Дипломатиялық өкiлдiктердiң және консулдықтардың мұрағаттары, ресми алысқан жазбалары және басқа да құжаттары ешкiм тиiспейтiн болып табылады. Оларды дипломатиялық өкiлдiк, консулдық басшысының келiсiмiнсiз қарауға және алып қоюға болмайды. Дипломатиялық пошта ашылмауға және кiдiртiлмеуге тиiс.
      5. Осы баптың бiрiншi, екiншi және үшiншi бөлiктерiнде аталған үй-жайларға кiруге, оларға тексеру жүргiзуге, сондай-ақ осы баптың төртiншi бөлiгiнде аталған құжаттарды тексеруге және алуға дипломатиялық өкiлдiктер мен консулдықтар басшыларының келiсiмiн прокурор Қазақстан Республикасы Сыртқы iстер министрлiгi арқылы сұрайды.
      6. Аталған жағдайларда тексеру прокурордың және Қазақстан Республикасы Сыртқы iстер министрлiгi өкiлiнiң қатысуымен жүргiзiледi.

5-бөлiм. ӘКIМШIЛIК ЖАЗА ҚОЛДАНУ ТУРАЛЫ ҚАУЛЫЛАРДЫҢ ОРЫНДАЛУЫ

43-тарау. НЕГIЗГI ЕРЕЖЕЛЕР

      696-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
               қаулының заңды күшiне енуi

      Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы:
      1) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы, егер оған шағым берiлмесе немесе наразылық келтiрiлмесе, шағым беру үшiн белгiленген мерзiм бiткеннен кейiн;
      2) шағым, наразылық бойынша ұйғарым шығарылғаннан кейiн дереу, сондай-ақ осы Кодекстiң 664-бабында көзделген жағдайда қаулы шығарылғаннан кейiн заңды күшiне енедi.

      697-бап. Әкiмшiлiк жаза қолдану туралы қаулының
               мiндеттiлiгi

      1. Әкiмшiлiк жаза қолдану туралы қаулы барлық мемлекеттiк органдардың, жергiлiктi өзiн-өзi басқару органдарының, лауазымды адамдардың, жеке тұлғалардың және олардың бiрлестiктерiнiң, заңды тұлғалардың орындауы үшiн мiндеттi.
      2. Әкiмшiлiк жаза қолдану туралы қаулы ол заңды күшiне енген сәттен бастап орындалуға жатады.
      3. Арнаулы құқықтан айыру және әкiмшiлiк қамау түрiнде әкiмшiлiк жаза қолдану туралы қаулылар олар шығарылған сәттен бастап орындалуға жатады.
      Ескерту. 697-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап  қолданысқа енгізілді) Заңымен.

       698-бап. Қаулыны орындауға жолдау

      Әкiмшiлiк жаза қолдану туралы қаулыны орындауға жолдау қаулыны шығарған судьяға, органға (лауазымды адамға) жүктеледi. Қаулы оны орындайтын уәкiлеттi органға (лауазымды адамға) ол заңды күшiне енген күннен бастап бiр тәулiк iшiнде жiберiледi. Арнаулы құқықтан айыру және әкiмшiлiк қамау түрiнде әкiмшiлiк жаза қолдану туралы қаулылар оларды орындайтын уәкiлеттi органдарға олар шығарылғаннан кейiн дереу жiберiледi.

      699-бап. Әкiмшiлiк жаза қолдану туралы қаулыны орындау

      1. Әкiмшiлiк жаза қолдану туралы қаулыны осы Кодексте белгiленген тәртiппен уәкiлеттi органдар орындайды.
      2. Бiр адам жөнiнде әкiмшiлiк жаза қолдану туралы бiрнеше қаулы шығарылған жағдайда әр қаулы дербес орындалады.
      3. Адамның әкiмшiлiк жазадан жалтаруы ол жазаны заңдарға сәйкес мәжбүрлеу тәртiбiмен орындауға әкеп соғады.

      700-бап. Әкiмшiлiк жаза қолдану туралы қаулыны
               орындауға байланысты мәселелердi шешу

      1. Әкiмшiлiк жаза қолдану туралы қаулыны шығарған органға (лауазымды адамға) осы қаулыны орындаумен байланысты мәселелердi шешу және оның орындалуын бақылау жүктеледi.
      2. Әкiмшiлiк жаза қолдану туралы қаулының орындалуын кейiнге қалдыру, созу, тоқтата тұру немесе қысқарту, сондай-ақ кәмелетке толмаған адамға салынған айыппұлды оның ата-анасынан немесе олардың орнындағы адамдардан өндiрiп алу туралы мәселелердi қаулыны шығарған судья, орган (лауазымды адам) тиiстi мәселенi шешу үшiн негiз пайда болған күннен бастап үш күн мерзiмде қарайды.
      3. Осы баптың екiншi бөлiгiнде аталған мәселелердiң шешiлуiне мүдделi адамдарға олардың қаралатын орны мен уақыты хабарланады. Бұл орайда мүдделi адамдардың дәлелдi себептерсiз келмей қалуы тиiстi мәселелердi шешу үшiн кедергi болмайды. Әкiмшiлiк қамауды өтеуден жалтару туралы мәселенi қарау кезiнде әкiмшiлiк қамауға алынған адамның қатысуы мiндеттi болып табылады.
      4. Осы баптың екiншi бөлiгiнде аталған мәселелер бойынша шешiм қаулы түрiнде қабылданады.
      5. Жеке тұлғаға немесе заңды тұлғаның өкiлiне өздерiне қатысты шығарылған қаулының көшiрмесi дереу, сондай-ақ өзінің өтiнiшi бойынша жәбiрленушiге оның қолхатымен тапсырылады. Аталған адамдар болмаған жағдайда қаулының көшiрмесi ол шығарылған күннен бастап үш күн iшiнде жiберiледi, бұл туралы iсте тиiстi жазба жасалады.
      5-1. Алынып тасталды - ҚР 2009.07.10. N 174-IV Заңымен.
      Ескерту. 700-бапқа өзгеріс енгізілді - ҚР 2004.12.09. N 10 , 2009.07.10. N 174-IV, 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      701-бап. Әкiмшiлiк жаза қолдану туралы қаулының орындалуын
                кейiнге қалдыру және созу

      Әкiмшiлiк қамау, арнаулы құқықтан айыру немесе айыппұл салу (әкiмшiлiк құқық бұзушылық жасалған жерде айыппұл өндiрiп алуды қоспағанда) түрінде әкiмшiлiк жаза қолдану туралы қаулылардың орындалуын заңда белгiленген мерзiмде мүмкiн етпейтiн мән-жайлар болған кезде қаулыны шығарған судья, орган (лауазымды адам) өзi жөнiнде қаулы шығарылған адамның арызы бойынша қаулының орындалуын бiр айға дейiнгi мерзiмге кейiн қалдыра алады. Әкiмшiлiк жауапқа тартылған адамның материалдық жағдайын ескере отырып, қаулыны шығарған судья, орган (лауазымды адам) айыппұл төлеудi үш айға дейiнгi мерзiмге созуы мүмкiн.
      Қазақстан Республикасының Үкіметі «Бизнестің жол картасы-2020» бағдарламасының екінші бағытына қатысушы тұлғаға салық берешегін өтеу мерзімін кейінге қалдыру туралы шешім қабылдаған жағдайда, мұндай тұлғаға әкiмшiлiк жаза қолдану туралы қаулы шығарған мемлекеттік кіріс органы мұндай тұлғаның айыппұл түрінде 2008 жылғы 1 қаңтардан бастап Қазақстан Республикасының Үкіметі шешім шығарған күн аралығында жиналып қалған салық берешегіне қатысты өз қаулысының орындалу мерзімін осындай шешімде көрсетілген мерзімге кейінге қалдыру туралы шешім қабылдайды.
      Екінші деңгейдегі банкке және (немесе) бас ұйым ретінде банк конгломератына кіретін және екінші деңгейдегі банк болып табылмайтын ұйымға қайта құрылымдау жүргізу туралы соттың заңды күшіне енген шешімі бар болған кезде, олардың өтініштері бойынша әкімшілік жаза қолдану туралы қаулыны судья, қаулыны шығарған орган (лауазымды адам) екінші деңгейдегі банкке және (немесе) бас ұйым ретінде банк конгломератына кіретін және екінші деңгейдегі банк болып табылмайтын ұйымға қайта құрылымдауды тоқтату туралы сот шешімі заңды күшіне енгенге дейін кейінге қалдыруы мүмкін.
      Ескерту. 701-бап жаңа редакцияда - ҚР 2010.06.09 № 288-IV (2010.06.19 бастап қолданысқа енгізіледі); өзгерістер енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      702-бап. Әкiмшiлiк жазаның орындалуынан босату

      Әкiмшiлiк жаза қолдану туралы қаулыны шығарған судья, орган (лауазымды адам):
      1) әкiмшiлiк жауаптылық белгiленетiн заңның немесе оның жекелеген ережелерiнiң күшi жойылған;
      2) егер әкімшілік жауаптылықты белгілейтін заңның немесе оның жекелеген ережелерінің немесе әрекетті әкімшілік құқық бұзушылық ретінде саралау соған байланысты болатын әкімшілік құқық бұзушылық туралы осы істе қолданылуға жататын өзге де нормативтік құқықтық актінің оларды Қазақстан Республикасының Конституциялық Кеңесі конституциялық емес деп тануы салдарынан күші жойылған;
      3) әкiмшiлiк жауапқа тартылған адам қайтыс болған немесе ол заңда белгiленген тәртiппен өлдi деп хабарланған;
      4) осы Кодекстің 703-бабында белгіленген салық салу саласында әкімшілік жаза қолдану туралы қаулыны орындаудың ескіру мерзімі өткен жағдайларда әкімшілік жаза қолдану туралы қаулының орындалуын қысқартып, әкімшілік жазадан босатады;
      5) Қазақстан Республикасының 2008 жылғы 10 желтоқсандағы «Салық және бюджетке төленетін басқа да міндетті төлемдер туралы» (Салық кодексі) Қазақстан Республикасының кодексін қолданысқа енгізу туралы заңнамалық актісінде көзделген жағдайларда әкiмшiлiк жаза қолдану туралы қаулының орындалуын қысқартып, әкiмшiлiк жазадан босатады.
      Ескерту. 702-бапқа өзгерту енгізілді - ҚР 2010.06.09 № 288-IV (2010.06.19 бастап қолданысқа енгізіледі), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.07.10 N 32-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      703-бап. Салық салу саласында әкімшілік жаза қолдану
                туралы қаулыны орындаудың ескіруі

      Ескерту. Тақырыбы жаңа редакцияда - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңымен.

      1. Салық салу саласындағы құқық бұзушылық үшін әкімшілік жаза қолдану туралы қаулы, егер ол заңды күшіне енген күннен бастап бес жыл ішінде орындалмаса, орындауға жатпайды.
      2. Қаулының орындалуы осы Кодекстiң 659-бабына сәйкес тоқтатыла тұрған жағдайда ескiру мерзiмiнiң өтуi шағым немесе наразылық қаралғанға дейiн тоқтатыла тұрады.
      3. Егер әкiмшiлiк жауапқа тартылған адам оны орындаудан жалтарса, осы баптың бiрiншi бөлiгiнде көзделген ескiру мерзiмiнiң өтуi үзiледi. Бұл жағдайда ескiру мерзiмiн есептеу ол адам табылған күннен бастап қайта жалғастырылады.
      4. Осы Кодекстiң 701-бабына сәйкес қаулының орындалуы кейiнге қалдырылған жағдайда ескiру мерзiмiнiң өтуi кейiнге қалдыру мерзiмi бiткенге дейiн тоқтатыла тұрады, ал қаулының орындалуы созылған кезде ескiру мерзiмiнiң өтуi ұзарту мерзiмiне ұзартылады.
      Ескерту. 703-бапқа өзгерту енгізілді - ҚР 2003.12.05 N 506, 2004.12.13 N 11 (күшіне ену тәртібін 2-баптан қараңыз), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңдарымен.

      704-бап. Әкімшілік жаза қолдану туралы қаулыны орындау
                 жөнінде іс жүргізудің аяқталуы

      1. Жаза толық жүргізілген қаулыны орындаған орган әкімшілік жаза қолдану туралы қаулыны жүргізілген жаза туралы белгі соғып, қаулыны шығарған судьяға, органға (лауазымды адамға) қайтарады.
      2. Орындау жүргізілмеген немесе орындау толық жүргізілмеген әкімшілік жаза қолдану туралы қаулы «Атқарушылық іс жүргізу және сот орындаушыларының мәртебесі туралы» Қазақстан Республикасының Заңында көзделген жағдайларда және тәртіппен әкімшілік жаза қолдану туралы қаулыны шығарған, хаттама жасаған органға (лауазымды адамға) қайтарылады.
      Ескерту. 704-бап жаңа редакцияда - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңымен.

      705-бап. Әкiмшiлiк жаза қолдану туралы қаулыны
               орындауға байланысты әрекеттерге шағым жасау

      1. Әкiмшiлiк жауапқа тартылған адам, әкiмшiлiк жаза қолдану туралы қаулыны мәжбүрлеп орындату жөнiндегi әрекеттер жүзеге асырылатын күннен бастап он күн iшiнде қаулыны шығарған судьяға, органға (лауазымды адамға) шағым бере алады.
      2. Шағым жазбаша түрде берiледi және бес күн мерзiмде қаралуға тиiс.
      3. Шағым берген адамға оның қаралатын орны мен уақыты туралы хабарланады. Бұл орайда шағым берген адамның келмей қалуы оның қаралуына кедергi болмайды.
      4. Шағымды қарау нәтижелерi бойынша шағымды қанағаттандыру туралы не оны қанағаттандырудан бас тарту туралы ұйғарым шығарылады.
      5. Ұйғарымның көшiрмесi әкiмшiлiк жауапқа тартылған жеке тұлғаға немесе заңды тұлғаның өкiлiне дереу тапсырылады, ал аталған адамдар болмаған жағдайларда оларға ұйғарым шығарылған күннен бастап үш күн мерзiмде жiберiледi.
      6. Әкiмшiлiк жаза қолдану туралы қаулыны мәжбүрлеп орындату жөнiндегi лауазымды адамдардың заңсыз әрекеттерiмен келтiрiлген зиян Қазақстан Республикасының Азаматтық кодексi мен Азаматтық iс жүргiзу кодексiнде белгiленген ережелерге сәйкес өтелуге тиiс.
      Ескерту. 705-бапқа өзгеріс енгізілді - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

44-тарау. ӘКIМШIЛIК ЖАЗАНЫҢ ЖЕКЕЛЕГЕН ТҮРЛЕРIН ОРЫНДАУ
ТӘРТIБI

      706-бап. Ескерту жасау туралы қаулының орындалуы

      Ескерту түрiндегi әкiмшiлiк жаза қолдану туралы қаулыны осы Кодекстiң 652-бабына сәйкес қаулының көшiрмесiн тапсыру немесе жiберу жолымен қаулыны шығарған судья, орган (лауазымды адам) орындайды.

      707-бап. Айыппұл салу туралы қаулыны өз еркімен орындау

      1. Айыппұлды әкімшілік жауапқа тартылған адам қаулының заңды күшіне енген күнінен бастап отыз күннен кешіктірмей төлеуге тиіс.
      Айыппұлды осы Кодекстiң 701-бабында көзделген кейiнге қалдыру жағдайында әкiмшiлiк жауапқа тартылған адам кейінге қалдыру мерзімі өткен күннен бастап төлеуге тиiс.
      2. Әкімшілік құқық бұзушылық жасағаны үшін салынған айыппұлды жеке немесе заңды тұлға, айыппұл салу туралы қаулыны шығарған, айыппұл төлеу қажеттігі туралы нұсқама берген судьяға немесе органға (лауазымды адамға) жазбаша нысанда кейіннен хабарлай отырып, белгіленген тәртіппен мемлекеттік бюджетке енгізеді немесе аударады.
      Ескерту. 707-бап жаңа редакцияда - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), өзгеріс енгізілді -  2011.07.21 № 467-IV (2011.07.01 бастап қолданысқа енгізіледі) Заңдарымен.

      708-бап. Жеке тұлғаға, дара кәсіпкерге, жекеше нотариусқа,
                жеке сот орындаушысына және адвокатқа айыппұл
                салу туралы қаулыны мәжбүрлеп орындату

      Ескерту. Тақырып жаңа редакцияда - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен.

      1. Алып тасталды - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңымен.
      2. Айыппұл салу туралы қаулыны сот, уәкілетті орган (лауазымды адам) жауаптылыққа тартылған адамның жалақысынан немесе өзге де табыстарынан айыппұл сомасын мәжбүрлеу тәртiбiмен ұстап қалу үшiн ол жұмыс iстейтiн не сыйақы, зейнетақы, стипендия алатын ұйымның әкiмшiлiгiне жiбередi. Айыппұл алты айдан аспайтын мерзiмде ұсталады. Айыппұлды өндiрiп алу кезектілігі Қазақстан Республикасының Азаматтық кодексiнде көзделген тәртiппен жүргiзiледi.
      3. Жауапқа тартылған адам жұмыстан шығып кеткен не оның жалақысынан немесе өзге де табыстарынан айыппұл ұстау мүмкiн болмаған жағдайларда, ұйымның әкiмшiлiгi жұмыстан босаған немесе жазаны орындауға мүмкiндiк бермеуге әкеп соғатын оқиға болған күннен бастап он күн мерзiмде, жауапқа тартылған адамның жаңа жұмыс орнын (егер ол белгiлi болса), айыппұлды өндiрiп алудың мүмкiн еместiгi себептерiн көрсетiп, сондай-ақ ұстау жүргiзiлгенi (егер ол жүргiзiлсе) туралы белгi соғылған қаулыны айыппұл салу туралы қаулы, айыппұл төлеу қажеттігі туралы нұсқама шығарған сотқа, уәкілетті органға қайтарады.
      4. Егер айыппұл салынған жеке тұлға жұмыс істемесе немесе айыппұлды жалақысынан немесе басқа да себептер бойынша өзге де табыстарынан өндіріп алу мүмкін болмаса, айыппұл салу туралы қаулыны, айыппұл төлеу қажеттігі туралы нұсқаманы сот, қаулы шығарған уәкілетті орган Қазақстан Республикасының заңнамасында көзделген тәртіппен мәжбүрлеп орындату үшін сот орындаушысына жібереді.
      5. Мемлекеттік кіріс органдары қарайтын әкiмшiлiк құқық бұзушылықтар бойынша, сондай-ақ дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына және адвокаттарға қатысты салық салу саласындағы өзге де әкiмшiлiк құқық бұзушылықтар бойынша айыппұл салу туралы қаулыны Қазақстан Республикасының салық заңнамасында белгiленген тәртiппен мемлекеттік кіріс органдары орындайды.
      Ескерту. 708-бапқа өзгерістер енгізілді - ҚР 2008.07.04 N 55-IV (қолданысқа енгізілу тәртібін  2-баптан қараңыз), 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

      709-бап. Заңды тұлғаға айыппұл салу туралы қаулыны
              мәжбүрлеп орындату

      1. Айыппұл салу туралы қаулыны сот, уәкілетті орган (лауазымды адам) Қазақстан Республикасының азаматтық заңнамасында, Қазақстан Республикасының ақша төлемі және аударымы және атқарушылық іс жүргізу және сот орындаушыларының мәртебесі туралы заңнамасында белгіленген тәртіппен заңды тұлғаның банктік шотынан оның келісімінсіз ақша алу үшін сот орындаушысына жібереді.
      Мемлекеттік кіріс органдары қарайтын әкiмшiлiк құқық бұзушылықтар бойынша, сондай-ақ салық салу саласындағы өзге де әкiмшiлiк құқық бұзушылықтар бойынша айыппұл салу туралы қаулыны Қазақстан Республикасының салық заңнамасында белгiленген тәртiппен мемлекеттік кіріс органдары орындайды.
      2. Банк немесе банк операцияларының өзге де түрлерін жүзеге асыратын ұйым айыппұл сомасын белгіленген тәртіппен бюджетке аударуға міндетті.
      3. Заңды тұлғаның шоттарында ақша болмаған жағдайда сот орындаушысы Қазақстан Республикасының заңдарына сәйкес борышкерге тиесілі басқа мүліктен өндіріп алады.
      Ескерту. 709-бап жаңа редакцияда - ҚР 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен, өзгерістер енгізілді - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.

       709-1-бап. Айыппұл салу туралы қаулыны мәжбүрлеп
                    орындатуға жіберудің тәртібі

      1. Айыппұл салу туралы қаулы сот орындаушыларына айыппұл салу туралы қаулыны ерікті түрде орындау мерзімі аяқталғаннан кейін күнтізбелік он күн ішінде жіберіледі.
      Айыппұл салу туралы қаулы немесе айыппұл төлеу қажеттігі туралы нұсқама сот орындаушысына жіберілген кезде оған айыппұл сомасының мемлекет кірісіне түспегені туралы мәліметтер қоса беріледі.
      2. Осы Кодекстің талаптары бұзыла отырып мәжбүрлеп орындатуға жіберілген айыппұл салу туралы қаулы, айыппұл төлеу қажеттігі туралы нұсқама әкімшілік жазаны қолданған мемлекеттік органға қайтарылады.
      3. Айыппұл салу туралы қаулыны, айыппұл төлеу қажеттігі туралы нұсқаманы әкімшілік жаза қолданған органға қайтару олардың кемшіліктерін жоя отырып, қайтадан мәжбүрлеп орындатуға жіберу үшін кедергі болмайды.
      Ескерту. 709-1-баппен толықтырылды - ҚР 2006.01.20. N 123 (01.01.2006 бастап қолданысқа енгізілді) Заңымен, жаңа  редакцияда - ҚР 2010.04.02 N 262-IV (2010.10.21 бастап қолданысқа енгізіледі) Заңымен, өзгерістер енгізілді - ҚР 2011.07.21 № 467-IV (2011.07.01 бастап қолданысқа енгізіледі), 2012.07.05 N 30-V (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі); 15.01.2014 № 164-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

       710-бап. Әкiмшiлiк құқық бұзушылық жасалған жерде
               алынатын айыппұл салу туралы қаулыны орындау

      1. Жеке адам әкiмшiлiк құқық бұзушылық жасаған жерде айыппұл алу үшiн оған қатаң қаржылық есеп беру құжаты болып табылатын, белгiленген үлгiдегi түбiртек берiледi. Түбiртекте берiлген күнi, жаза қолданған лауазымды адамның қызметi, аты-жөнi, әкiмшiлiк жауапқа тартылған адамның кiм екенi туралы мәлiметтер, осы Кодекстiң аталған құқық бұзушылық үшiн жауапкершiлiгi көзделетiн бабы, әкiмшiлiк құқық бұзушылық жасалған орын мен уақыт, салынған әкiмшiлiк айыппұлдың сомасы көрсетiледi. Түбiртекке жаза қолданған лауазымды адам, ал түбiршiкке жаза қолданған лауазымды адам мен әкiмшiлiк жауапқа тартылған адам қол қояды.
      2. Әкiмшiлiк құқық бұзушылық жасалған жерде айыппұл төленбеген жағдайда iс жүргiзу осы Кодексте көзделген тәртiппен жүзеге асырылады.

      710-1-бап. Әкімшілік жазалардың жекелеген түрлерін
                  орындау тәртібі

      1. Қазақстан Республикасының заңнамасына сәйкес мемлекеттік кіріс органы жіберген (тапсырған) мемлекеттік кіріс органына келу туралы алынған хабарлама және (немесе) хабарлау негізінде құқық бұзушылықты жасау фактісін мойындаған және айыппұлды төлеумен келіскен адам хабарлама және (немесе) хабарлау алынған (тапсырылған) күннен кейінгі күннен бастап он жұмыс күні ішінде айыппұлды төлейді.
      2. Осы баптың бірінші бөлігінде көрсетілген құжаттар сонымен қатар олардың берілген күні, жаза қолданған лауазымды тұлғаның лауазымы, тегі, аты-жөні туралы мәліметтерді, әкімшілік жауаптылыққа тартылған тұлға, осы Кодекстің осы құқық бұзушылық үшін жауаптылық көздейтін бабы, әкімшілік құқық бұзушылықтың жасалу уақыты мен орны, әкімшілік айыппұлдың сомасы, айыппұлды төлеу үшін деректемелер туралы мәліметтерді қамтиды.
      3. Осы баптың бірінші бөлігінде белгіленген талаптар орындалмаған жағдайда әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізу осы Кодексте белгіленген тәртіппен жүзеге асырылады.
      Ескерту. 710-1-баппен толықтырылды - ҚР 2012.12.26 N 61-V (2013.01.01 бастап қолданысқа енгізіледі) Заңымен; өзгеріс енгізілді - ҚР 07.11.2014 № 248-V (алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңымен.

      711-бап. Айыппұл салу туралы қаулының орындалуы бойынша
               iс жүргiзудiң аяқталуы

      Айыппұл салу туралы айыппұл жазасы толық жүргiзiлген қаулы оның орындалғаны туралы белгi қойылып, қаулыны шығарған органға (лауазымды адамға) қайтарылады.

      712-бап. Әкiмшiлiк құқық бұзушылық жасаудың құралы не
                нысанасы болған затты өтемiн төлеп алу туралы
                қаулының орындалуы

      1. Судьяның әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған затты өтемiн төлеп алып қою туралы қаулысын заңдарда көзделген тәртiппен сот орындаушысы, ал судьяның қару мен жауынгерлiк оқ-дәрiнi, арнаулы жедел-iздестiру iс-шараларын жүргiзуге арналған арнаулы техникалық құралдарды және ақпарат қорғаудың криптографиялық құралдарын өтемiн төлеп алып қою туралы қаулысын iшкi iстер органы орындайды.
      2. Әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған өтемiн төлеп алынған затты сату заңдарда белгiленген тәртiппен жүргiзiледi.
      3. Өтемiн төлеп алынған затты сатудан түскен сома осы Кодекстiң 49-бабына сәйкес бұрынғы меншiк иесiне алып қойылған затты сату жөнiндегi шығындар шегерiлiп берiледi.
      Ескерту. 712-бапқа өзгерту енгізілді - Қазақстан Республикасының 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңымен.

       713-бап. Әкiмшiлiк құқық бұзушылықты жасаудың құралы не
                нысанасы болған затты тәркiлеу туралы қаулының
                орындалуы

      1. Әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған затты, сондай-ақ әкiмшiлiк құқық бұзушылықты жасау салдарынан алынған кiрiстердi (дивидендтердi), ақша мен бағалы қағаздарды тәркiлеу туралы судьяның қаулысын заңдарда көзделген тәртiппен - сот орындаушысы, ал қаруды, жауынгерлiк оқ-дәрiнi, арнаулы жедел-іздестіру іс-шараларын жүргізуге арналған арнаулы техникалық құралдар мен ақпарат қорғаудың криптографиялық құралдарын және есiрткi заттарын тәркiлеудi iшкi iстер органы орындайды.
      2. Әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған тәркiленген затты сату немесе одан әрi пайдалану Қазақстан Республикасының Үкiметi белгiлеген тәртiппен жүргiзiледi.
      Ескерту. 713-бапқа өзгерту енгізілді - Қазақстан Республикасының 2006.06.22. N 147 , 2007.07.27. N 314 (2008 жылғы 1 қаңтардан бастап қолданысқа енгізіледі) Заңдарымен.

       714-бап. Арнаулы құқықтан айыру туралы қаулыны
               орындайтын органдар

      1. Тракторларды, өздiгiнен жүретiн машиналарды, техниканың басқа да түрлерiн қоспағанда, судьяның көлiк құралдарын жүргiзу құқығынан айыру туралы қаулыны iшкi iстер органдарының лауазымды адамдары орындайды.
      2. Судьяның тракторды, өздiгiнен жүретiн машинаны немесе техниканың басқа да түрлерiн жүргiзу құқығынан айыру туралы қаулысын өздiгiнен жүретiн машиналар мен техниканың басқа да түрлерiнiң техникалық жай-күйiне мемлекеттiк қадағалауды жүзеге асыратын органдардың лауазымды адамдары орындайды.
      3. Судьяның кемелердi, соның iшiнде шағын көлемдi кемелердi жүргiзу құқығынан айыру туралы қаулысын кемелердi, соның iшiнде шағын көлемдi кемелердi пайдалану ережелерiн сақтауға мемлекеттiк қадағалау жасауды жүзеге асыратын органдардың лауазымды адамдары орындайды.
      4. Судьяның радиоэлектронды және жоғары жиiлiктегi құралдарды пайдалану құқығынан айыру туралы қаулысын байланысқа мемлекеттiк бақылау жасауды жүзеге асыратын органдардың лауазымды адамдары орындайды.
      5. Судьяның аң аулау құқығынан айыру туралы қаулысын аң аулау ережелерiн сақтауға мемлекеттiк бақылау жасауды жүзеге асыратын органдардың лауазымды адамдары орындайды.
      6. Соттың қаруды алып жүру және сақтау құқығынан айыру туралы қаулысын iшкi iстер органдарының лауазымды адамдары орындайды.

      715-бап. Арнаулы құқықтан айыру туралы қаулыны орындау
                тәртiбi

      1. Көлiк құралдарын, кемелердi немесе техниканың өзге де түрлерiн жүргiзу құқығынан айыру туралы қаулыны орындау, егер жүргiзушi, кеме жүргiзушiсi немесе тракторшы-машинист (тракторшы) көлiк құралдарының, кемелердiң (соның iшiнде шағын көлемдi кемелердiң) және басқа да техниканың барлық түрлерiн жүргiзу құқығынан айырылған болса, тиiстi жүргiзушi куәлiгiн, кемелердi (соның iшiнде шағын көлемдi кемелердi) жүргiзуге құқық беретiн куәлiктi немесе тракторшы-машинист (тракторшы) куәлiгiн алып қою арқылы жүргiзiледi.
      2. Егер жүргiзушi, кеме жүргiзушiсi немесе тракторшы-машинист (тракторшы) көлiк құралдарының, кемелердiң (соның iшiнде шағын көлемдi кемелердiң), немесе өзге де техниканың барлық түрлерiн жүргiзу құқығынан айырылмаған болса, жүргiзушi куәлiгiнде шағын көлемдi кеменi жүргiзу құқығына куәлiкте немесе тракторшы-машинист (тракторшы) куәлiгiнде оның көлiк құралдарының, шағын көлемдi кемелердiң, өздiгiнен жүретiн құрылғылардың қай түрлерiн жүргiзу құқығынан айырылғаны атап көрсетiледi.
      3. Көлiк құралдарын немесе кеме жүргiзу құқығына куәлiктi алып қою тәртiбiн уәкiлеттi орган белгiлейдi.
      4. Көлiк құралдарын, кеменi жүргiзу құқығынан не тракторды немесе өзге де өздiгiнен жүретiн машинаны басқару құқығынан айырылған жүргiзушi (кеме жүргiзушiсi) немесе тракторшы-машинист (тракторшы) жүргiзушi куәлiгiн, кеме жүргiзу құқығына куәлiктi немесе тракторшы-машинист (тракторшы) куәлiгiн беруден жалтарған жағдайда iшкi iстер органдары, кемелердi, соның iшiнде шағын көлемдi кемелердi пайдалану ережелерiнiң сақталуына мемлекеттiк қадағалауды жүзеге асыратын органдар, сондай-ақ өздiгiнен жүретiн машиналар мен басқа да техниканың техникалық жай-күйiне мемлекеттiк қадағалауды жүзеге асыратын органдар белгiленген тәртiппен жүргiзушi куәлiгiн, кеме жүргiзу құқығына куәлiктi немесе тракторшы-машинист (тракторшы) куәлiгiн алып қояды.
      5. Әкiмшiлiк жазаның осы түрi қолданылған адамға арнаулы құқығынан айыру мерзiмi өткеннен кейiн алынған құжаттар белгiленген тәртiппен қайтарылады.

      716-бап. Аң аулау құқығынан айыру туралы қаулыны
               орындау тәртiбi

      1. Аң аулау құқығынан айыру туралы қаулы аң аулау билетiн алып қою арқылы орындалады.
      2. Аң аулау құқығынан айырылған адам аң аулау билетiн беруден жалтарған жағдайда аң аулау ережелерiн сақтауға мемлекеттiк қадағалауды жүзеге асыратын органдардың аң аулау билетiн алып қоюы белгiленген тәртiппен жүргiзiледi.

      717-бап. Радиоэлектронды құралдарды немесе жоғары
               жиiлiктегi құрылғыларды пайдалану құқығынан
               айыру туралы қаулыны орындау тәртiбi

      1. Радиоэлектронды құралдарды немесе жоғары жиiлiктегi құрылғыларды пайдалану құқығынан айыру туралы қаулыны орындау радиоэлектронды құралдарды немесе жоғары жиiлiктегi құрылғыларды пайдалануға арнаулы рұқсатты алып қою арқылы жүргiзiледi.
      2. Радиоэлектронды құралдарды немесе жоғары жиiлiктегi құрылғыларды пайдалану құқығынан айырылған адам радиоэлектронды құралдарды немесе жоғары жиiлiктегi құрылғыларды пайдалануға арнаулы рұқсатты тапсырудан жалтарған жағдайда тиiстi уәкiлеттi мемлекеттiк орган белгiленген тәртiппен радиоэлектронды құралдарды немесе жоғары жиiлiктi құрылғыларды пайдалануға арнаулы рұқсатты алып қоюды жүзеге асырады.
      3. Радиоэлектронды құралдарды немесе жоғары жиiлiктегi құрылғыларды пайдалануға арнаулы рұқсатты алу тәртiбiн ақпараттандыру және байланыс саласындағы уәкiлеттi мемлекеттiк орган белгiлейдi.
      Ескерту. 717-бапқа өзгерту енгізілді - Қазақстан Республикасының 2003.12.05. N 506, 2006.01.20. N 123 (2006 жылғы 1 қаңтардан бастап қолданысқа енгізілді) Заңдарымен.

       718-бап. Қаруды алып жүру және сақтау құқығынан айыру
               туралы қаулыны орындау тәртiбi

      Қаруды алып жүру және сақтау құқығынан айыру туралы қаулының орындалуын iшкi iстер органдары заңдарда белгiленген тәртiппен тиiстi куәлiк пен қаруды алып қою арқылы жүзеге асырады.

      719-бап. Лицензиядан, арнаулы рұқсаттан, бiлiктiлiк
               аттестатынан (куәлiгiнен) айыру не олардың
               белгiлi бiр қызмет түрiне қолданылуын тоқтата
               тұру туралы қаулыны орындау

      Жеке кәсiпкердi немесе заңды тұлғаны лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру не белгiлi бiр қызмет түрiне оның қолданылуын тоқтата тұру туралы қаулы осы Кодексте және лицензиялау туралы заңдарда белгiленген тәртiппен орындалады.

      720-бап. Лицензиядан, арнаулы рұқсаттан, бiлiктiлiк
               аттестатынан (куәлiгiнен) айыру не белгiлi
               бiр қызмет түрiне олардың қолданылуын тоқтата
               тұру туралы қаулыны орындайтын органдар

      Жеке кәсiпкердi немесе заңды тұлғаны лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру не белгiлi бiр қызмет түрiне оның қолданылуын тоқтата тұру туралы қаулыны лицензия, арнаулы рұқсат, бiлiктiлiк аттестатын (куәлiгiн) берген органдардың лауазымды адамдары орындайды.

      721-бап. Лицензиядан, арнаулы рұқсаттан, бiлiктiлiк
               аттестатынан (куәлiгiнен) айыру не белгiлi
               бiр қызмет түрiне олардың қолданылуын тоқтата
               тұру туралы қаулыны орындау тәртiбi

      1. Жеке кәсiпкердi немесе заңды тұлғаны лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру туралы қаулы лицензияны, арнаулы рұқсатты, бiлiктiлiк аттестатын (куәлiгiн) алып қою арқылы орындалады.
      2. Жеке кәсiпкер немесе заңды тұлға лицензияны, арнаулы рұқсатты, бiлiктiлiк аттестатын (куәлiгiн) тапсырудан жалтарған жағдайда лицензияны, арнаулы рұқсатты, бiлiктiлiк аттестатын (куәлiгiн) берген орган лицензияны, арнаулы рұқсатты, бiлiктiлiк аттестатын (куәлiгiн) алып қою немесе белгiлi бiр қызмет түрiне олардың қолданылуын тоқтата тұру жөнiнде заңдарда көзделген шараларды қолданады.

      722-бап. Лицензиядан, арнаулы рұқсаттан, бiлiктiлiк
               аттестатынан (куәлiгiнен) айыру не белгiлi
               бiр қызмет түрiне олардың қолданылуын тоқтата
               тұру мерзiмдерiн есептеу

      1. Лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру не белгiлi бiр қызмет түрiне олардың қолданылуын тоқтата тұру мерзiмi лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру (қолданылуын тоқтата тұру) туралы қаулы заңды күшiне енген күннен бастап есептеледi.
      2. Белгiлi бiр қызмет түрiмен айналысуға лицензиядан, арнаулы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру мерзiмi бiткеннен кейiн сол әкiмшiлiк жазалау шарасы қолданылған адам заңдарда белгiленген тәртiппен лицензия алады.
      Белгiлi бiр қызмет түрiмен айналысуға лицензияның, арнаулы рұқсаттың, бiлiктiлiк аттестатының (куәлiгiнiң) қолданылуын тоқтата тұру мерзiмi бiткеннен кейiн, сол әкiмшiлiк жазалау шарасы қолданылған адамға одан белгiленген тәртiппен алып қойылған лицензия, арнаулы рұқсат, бiлiктiлiк аттестаты (куәлiгi) қайтарылады.
      3. Лицензияның, арнаулы рұқсаттың, бiлiктiлiк аттестатының (куәлiгiнiң) қолданылуы әкiмшiлiк жаза қолдану туралы қаулыда аталған күннен бастап және сонда көрсетiлген мерзiмге тоқтатыла тұрады.

      723-бап. Жеке кәсiпкердiң немесе заңды тұлғаның
                қызметiн тоқтата тұру немесе оған тыйым салу
                туралы қаулыны орындау

      1. Заңды тұлғаның немесе жеке кәсiпкердiң қызметiн тоқтата тұру немесе оған тыйым салу түрiнде әкiмшiлiк жаза қолдану туралы қаулыны судья шығарады және оны шешiмнiң заңды күшiне енуi бойынша заңды тұлғаның құрылтайшысы немесе жеке кәсiпкер жедел орындауға тиiс.
      2. Еңбек шарттары бойынша есеп айырысуды, өз қызметi нәтижесiнде келтiрiлген шығындардың орнын толтыруды және айыппұлдарды төлеудi қоспағанда, заңды тұлғаның және жеке кәсiпкердiң қызметiн тоқтата тұру кезеңiнде олардың банктiк салымдарды пайдалану құқығы тоқтатыла тұрады. Қоғамдық бiрлестiктiң қызметiн тоқтата тұру кезеңiнде оған бұқаралық ақпарат құралдарын пайдалануға, үгiт және насихат жүргiзуге, митингiлер, демонстрациялар және басқа да көпшiлiкке арналған шараларды өткiзуге, сайлауға қатысуға тыйым салынады. Егер қызметiн тоқтата тұру белгiленген мерзiм iшiнде қоғамдық бiрлестiк тәртiп бұзушылықты жойса, қаулыда аталған мерзiм бiткеннен кейiн қоғамдық бiрлестiк өз қызметiн қайта жалғастырады.
      3. Заңды тұлға құрылтайшысының (басқарушы органының, лауазымды адамының) немесе жеке кәсiпкердiң қызметiн тоқтата тұру не оған тыйым салу түрiндегi судья қолданған әкiмшiлiк жаза өз еркiмен орындалмаған жағдайда қаулы уәкiлеттi органның атқарушылық iс жүргiзу тәртiбiмен орындалады.

      724-бап. Жеке кәсiпкердiң немесе заңды тұлғаның
                қызметiн тоқтата тұру не оған тыйым салу
                туралы қаулыны орындау тәртiбi

      1. Уәкiлеттi лауазымды адам ұйымдардың, жекелеген өндiрiстердiң жұмысын iшiнара немесе толық тоқтата тұрады, үйлердi, ғимараттарды, жекелеген үй-жайларды, қоймаларды, электр желiлерiн, жылыту аспаптарын пайдалануға тыйым салады.
      2. Заңды тұлғаларды тiркеудi жүзеге асыратын орган заңды тұлғаның қызметiне тыйым салу (оны тарату) туралы шешiмдi алған соң, заңдарда көзделген қызметке тыйым салу (оны тарату) тәртiбiнiң сақталуын тексередi және он күн iшiнде заңды тұлға қызметiнiң тоқтатылғанын тiркейдi, бұл туралы мемлекеттiк статистика саласындағы уәкілетті органға хабарланады.
      Ескерту. 724-бапқа өзгерту енгізілді - ҚР 2010.03.19 № 258-IV Заңымен.

      725-бап. Құрылысты мәжбүрлеп бұзу туралы қаулыны орындау

      1. Соттың салынып жатқан немесе салынған құрылысты мәжбүрлеп бұзу туралы қаулысын өзi жөнiнде осы әкiмшiлiк жаза шығарылған адам орындайды.
      2. Салынып жатқан немесе салынған құрылысты мәжбүрлеп бұзу түрiнде сот қолданған әкiмшiлiк жаза өз еркiмен орындалмаған жағдайда қаулыны уәкiлеттi орган атқарушылық iс жүргiзу тәртiбiмен орындайды.

      726-бап. Құрылысты мәжбүрлеп бұзу туралы қаулыны
               орындау жөнiндегi шығындар

      Салынып жатқан немесе салынған құрылысты мәжбүрлеп бұзу заң бұзушының есебiнен жүзеге асырылады.

      727-бап. Әкiмшiлiк қамауға алу туралы қаулыны орындау

      1. Судьяның қамауға алу туралы қаулысын заңдарда белгiленген тәртiппен iшкi iстер органдары және әскери полиция органдары орындайды.
      2. Әкiмшiлiк қамауға алынған адамдар iшкi iстер органдары белгiлейтiн орындарда күзетпен ұсталады. Әкiмшiлiк қамауға алу туралы қаулыны орындау кезiнде қамауға алынушылар жеке тексеруден өткiзiледi.
      Әскери қызметшілер әкімшілік қамауды гауптвахталарда өтейді.
      3. Әкiмшiлiк ұстау мерзiмi әкiмшiлiк қамауға алу мерзiмiне есептеледi.
      4. Әкiмшiлiк қамауға алу мерзiмiн өтеу заңдарда белгiленген ережелер бойынша жүзеге асырылады.
      Ескерту. 727-бапқа өзгерту енгізілді - ҚР-ның 2009.07.10. N 177-IV Заңымен.

      728-бап. Әкiмшiлiк қамауға алуды өтеуден жалтарудың
               зардаптары

      1. Егер әкiмшiлiк қамауға алынған адам әкiмшiлiк қамауға алу мерзiмi бiткенге дейiн оны өтейтiн орынды өз бетiмен тастап кетсе, судьяның қаулысымен қамауда болған мерзiмi қамауға алу мерзiмiне толық немесе iшiнара есептелмеуi мүмкiн. Бұл орайда судья әкiмшiлiк қамауға алудың өтелу  мерзiмiнiң басталуын қайта белгiлейдi.
      2. Әкiмшiлiк қамауға алудың жалпы мерзiмiн отыз тәулiктен асыруға болмайды.

      729-бап. Қаулының мүлiктiк зиянды өтеу бөлiгiнде
               орындалуы

      Осы Кодекстiң 64-бабына сәйкес өндiрiлiп алынуға тиiстi мүлiктiк зиянды өтеу бөлiгiнде әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы заңдарда белгiленген тәртiппен орындалады.

      730-бап. Қазақстан Республикасынан шетелдiктер мен
               азаматтығы жоқ адамдарды әкiмшiлiк жолмен
               шығарып жiберу туралы қаулыны жүзеге асыратын
               органдар

      Қазақстан Республикасынан шетелдiктер мен азаматтығы жоқ адамдарды әкiмшiлiк жолмен шығарып жiберу туралы қаулыны:
      1) осы Кодекстiң 391-бабының екiншi бөлiгiнде және 391-1-бабының үшінші бөлігінде көзделген құқық бұзушылықтар жасалған кезде Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметi;
      2) осы Кодекстiң 102-3374 (алтыншы бөлігі), 375 (үшінші, жетінші бөліктері), 380 (екінші бөлігі), 380-2 (екінші бөлігі), 394 (төртінші бөлігі), 396 (төртiншi бөлiгi) -баптарында көзделген құқық бұзушылықтар жасалған кезде iшкi iстер органдары орындайды.
      Ескерту. 730-бапқа өзгеріс енгізілді - ҚР 2007.07.06 N 276, 2007.12.19 N 11 (ресми жарияланған күнінен бастап күнтізбелік он күн өткеннен кейін қолданысқа енгізіледі), 2011.07.22 № 478-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі), 2011.10.11 № 484-ІV (қолданысқа енгізілу тәртібін 2-баптан қараңыз), 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.

      731-бап. Қазақстан Республикасынан шетелдiктер мен
               азаматтығы жоқ адамдарды әкiмшiлiк жолмен
               шығарып жiберу туралы қаулыны орындау

      1. Қазақстан Республикасынан шетелдiктердi немесе азаматтығы жоқ адамдарды әкiмшiлiк жолмен шығарып жiберу туралы қаулыны орындау шетелдiктердi немесе азаматтығы жоқ адамдарды аумағына аталған адам шығарып жiберiлетiн шет мемлекет өкiметiнiң өкiлiне ресми беру не Қазақстан Республикасынан шығарып жiберiлетiн адамға бақылау жасалына отырып, өз бетiмен кетуi арқылы жүргiзiледi.
      2. Егер шығарып жiберiлетiн адамды шет мемлекет өкiлiне беру Қазақстан Республикасының аталған мемлекетпен шартында көзделмеген болса, шығарып жiберу Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі айқындайтын орында жүзеге асырылады.
      3. Егер шығарып жiберу Қазақстан Республикасының аталған мемлекетпен шартында көзделсе, шетелдiктердi немесе азаматтығы жоқ адамдарды Қазақстан Республикасының Мемлекеттiк шекарасы арқылы өткiзу бекетiнен шығарып жiберу туралы аумағына (аумағы арқылы) аталған адам шығарып жiберiлетiн шет мемлекеттiң өкiметi хабардар етiледi.
      4. Әкiмшiлiк жолмен шығарып жiберу туралы қаулыны орындау екiжақты немесе бiржақты акт түрiнде ресiмделедi.
      Ескерту. 731-бапқа өзгеріс енгізілді - ҚР 2012.02.13 N 553-IV (алғашқы ресми жарияланғанынан кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңымен.

      732-бап. Жол жүрiсi ережелерiн бiлудi тексеру туралы
               қаулыны орындау

      Жол жүрiсi ережелерiн бiлудi тексеру туралы қаулыны заңдарда белгiленген тәртiппен Қазақстан Республикасының Iшкi iстер министрлiгi жол полициясының органдары орындайды.

      733-бап. Қаулыны медициналық сипаттағы мәжбүрлеу
               шараларын қолдану бөлiгiнде орындау тәртiбi

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