On Administrative Infractions

The Code of the Republic of Kazakhstan dated 5 July 2014 No. 235-V.

Unofficial translation

Footnote: Through the whole text of the Code:
the words “tax body”, “tax bodies”, “in a tax body”, “body of tax service”, “bodies of tax service” are substituted by the words “state revenues body”, “state revenues bodies”, “in the state revenues body”; the words “customs body”, “customs bodies” are substituted by the words “state revenues body”, “state revenues bodies” in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015);
the words "to the disabled", "of the disabled", "by the disabled" are replaced by the words "to the persons with disabilities", "of the persons with disabilities", "by the persons with disabilities" in accordance with the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced ten calendar days after the date of its first official publication).

SECTION 1. GENERAL PROVISIONS
Chapter 1. LEGISLATION ON ADMINISTRATIVE INFRACTIONS

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

1. Legislation of the Republic of Kazakhstan on administrative infractions consists of this Code.

2. This Code is based on the Constitution of the Republic of Kazakhstan, generally accepted principles and rules of international law.

2-1. Amendments and (or) additions to this Code shall be made by the law, not providing for amendments and additions to other legislative acts of the Republic of Kazakhstan.

This provision shall not apply to cases of exclusion of administrative responsibility, as well as to draft laws developed as a legislative initiative of the President of the Republic of Kazakhstan.

3. International contractual and other obligations of the Republic of Kazakhstan, as well as regulatory decisions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan regulating administrative and tort legal relations, are an integral part of the legislation on administrative offenses.

4. International treaties ratified by the Republic of Kazakhstan shall have a priority before this Code and shall be applied directly, except for the cases when it follows from the international treaty that for its application the issuance of the law is required. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by the legislation of the Republic of Kazakhstan on administrative infractions, the rules of the international treaty shall be applied.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 05.11.2022 No. 158-VII (shall be enforced from 01.01.2023).

Article 2. Basis for administrative liability

Basis for administrative liability is commission of the act containing all signs of component elements of the infraction provided in the Special part of this Code.

Article 3. Force of the legislation of the Republic of Kazakhstan on liability for administrative infractions in space

1. The person that committed administrative infraction in a territory of the Republic of Kazakhstan shall be subject to liability according to this Code.

2. Administrative infraction committed in a territory of the Republic of Kazakhstan shall be recognized as the act that was commenced or continued or was completed in a territory of the Republic of Kazakhstan. Force of this Code shall also apply to administrative infractions committed in a continental shelve and in exclusive economic zone of the Republic of Kazakhstan.

3. The person that committed administrative infraction on a ship registered at a port of the Republic of Kazakhstan and being in open water or air space outside the borders of the Republic of Kazakhstan shall be subject to administrative liability according to this Code, unless otherwise provided by the international treaty of the Republic of Kazakhstan. According to this Code, the person that committed administrative infraction on a warship or military aircraft of the Republic of Kazakhstan shall also bear administrative liability independently from its location.

4. The issue on administrative liability of diplomatic representatives of foreign states and other foreign persons that enjoy immunities in case of commission of the infraction by these persons in a territory of the Republic of Kazakhstan shall be resolved in accordance with the rules of international law.

Article 4. Force of the legislation of the Republic of Kazakhstan on liability for administrative infractions in time

1. The person that committed administrative infraction shall be subject to liability on the basis of the legislation being valid during commission of this infraction.

2. Time of committing administrative infraction shall be recognized as the time of carrying out the act provided by the Special part of this Code, independently from time of ensuing of consequences.

Article 5. Retroactive force of the Law on administrative infractions

1. The Law that mitigating or exempting administrative liability for administrative infraction or otherwise improving position of a person that committed administrative infraction shall have a retroactive force, in other words shall apply to the infraction committed before entering of this Law into force and in respect of which, the decree on imposition of administrative sanction is not performed.

2. The Law establishing or strengthening administrative liability for administrative infraction or otherwise aggravating the position of a person shall not have a retroactive force.

Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).

Chapter 2. TASKS AND PRINCIPLES OF THE LEGISLATION ON
ADMINISTRATIVE INFRACTIONS

Article 6. Tasks of the legislation on administrative infractions

1. Legislation on administrative infractions is tasked with protection of rights, freedoms and legal interests of a human and citizen, health, sanitary epidemiological welfare of population, environment, public morality, property, public order and safety, established order of carrying out the state power and state management, rights and interests of organizations protected by the law from administrative infractions, as well as prevention of their commission.

2. For carrying out of this task, the legislation on administrative infractions shall establish the grounds and principles of administrative infraction, determines which acts are administrative infractions and types of sanctions imposed for their commission, as well as which administrative sanction, by which state body (civil servant) and in which manner may be imposed on a person that committed the administrative infraction.

Article 7. Meaning of principles of the legislation on administrative infractions

Meaning of principles of the legislation on administrative infractions is that their violation depending on its character and essentiality entail recognition of the accomplished proceeding on a case as invalid, revocation of decisions delivered in the course of such proceeding or recognition of materials that are not valid as evidences collected by this.

Article 8. Legality

1. Administrative infractions, measures of administrative sanction, measures of supporting the proceeding on the case on administrative infraction and measures of administrative legal effect shall be determined only by this Code. No one may be subjected to administrative infraction, measures of administrative legal effect or measures of supporting the proceeding on the case on administrative infraction otherwise as on the basis and in the manner established by this Code.

2. Court, bodies (civil servants) being authorized to consider the cases on administrative infractions upon proceeding on the cases on administrative infractions shall be obliged to comply exactly the requirements of the Constitution of the Republic of Kazakhstan, this Code, other regulatory legal acts mentioned in Article 1 of this Code. The Constitution of the Republic of Kazakhstan shall have a supreme legal force and direct force in the whole territory of the Republic of Kazakhstan. In case of inconsistency between the rules established by the Law and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall be applied.

3. Courts have no right to apply laws and other regulatory legal acts that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution of the Republic of Kazakhstan. If the court finds that a law or other regulatory legal act subject to application infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Court of the Republic of Kazakhstan with a recommendation on recognition of this act unconstitutional. Upon receipt by the court of the decision of the Constitutional Court, the proceedings in the case are resumed.

Decisions of courts and bodies (civil servants) being authorized to consider the cases on administrative infractions based on the Law or another regulatory legal act recognized as unconstitutional shall not be subject to execution.

4. Breach of the Law by a court, bodies (civil servants) being authorized to consider the cases on administrative infractions upon proceeding on cases on administrative infractions shall be inadmissible and entail the liability established by the Law, recognition of adopted acts as invalid and their repeal.

Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 158-VII (shall be enforced from 01.01.2023).

Article 9. Equality before the Law and court

In the course of proceeding on the cases on administrative infractions, all are equal before the Law and court. No one may be subjected to any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, convictions, residence places or by any other circumstances.

Article 10. Presumption of innocence

1. A person in respect of whom, an administrative offense case is initiated, shall be considered innocent until his (her) guilt is proved in accordance with the procedure provided by this Code and established by an effective decision of a judge, body (official), who has examined the case within his (her) own powers.

In event of consideration the case of an administrative offense in the procedure of reduced production, as well as on the order for the need to pay a fine, the person in respect of whom an administrative offense case has been initiated, shall be considered innocent until the relevant decision comes into force.

2. No one is obliged to prove own guiltless.

3. Any doubts in guilty shall be interpreted in favor of a person in respect of whom the case on administrative infraction is initiated. The doubts arising upon application of the legislation on administrative infractions shall be also resolved in his (her) favor.

Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Principle of guilt

1. Individual shall be subject to administrative liability only for those infractions in respect of which his (her) guilty is established. Objective opinion, in other words, the administrative liability for guiltless infliction of harm by the individual shall not be allowed.

2. Individual that committed the act intentionally or carelessly shall be recognized guilty in administrative infraction.

Article 12. Inadmissibility of repeated bringing to administrative infraction

No one can be re-brought to administrative responsibility for the same offense.

Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Principle of humanism

Administrative sanction applied to a person that committed infraction may not be aimed at infliction of physical sufferings or abasement of human dignity.

Article 14. Personal immunity

1. No one may be subjected to administrative detention, bringing, delivery to internal affairs bodies (police) or other state bodies, personal inspection and inspection of the items of property being at individual or other measures of supporting proceeding on the case on administrative infraction other than on the grounds and in the manner established by this Code.

2. Administrative arrest as a measure of administrative sanction may be imposed only under decree of a judge in cases and in the manner established by this Code.

3. Each detained person, subjected to bringing, delivered to the internal affairs bodies (police) or other state body shall be informed immediately on the grounds for detention, bringing, delivery, as well as legal classification of the administrative infraction, the commission of which is charged with him (her).

4. State body (civil servant) shall be obliged to release immediately a person being detained, subjected to bringing, delivery unlawfully or being under administrative arrest in excess of the term provided by the decree of a judge.

5. No one of those persons participating in a case on administrative infraction may be subject to tortures, violence, cruel treatment or degrading human dignity.

6. Commission of the actions in the process of proceeding on the case on administrative infraction against the will of a person or his (her) representative, violating personal immunity shall be possible only in cases and in the manner provided directly by this Code.

7. Detention of a person in respect of whom the administrative arrest is elected as a measure of administrative sanction, as well as person being subjected to administrative detention shall be carried out in conditions excluding a threat of his (her) life and health.

8. Harm inflicted to an individual in a result of illegal administrative arrest, detention in conditions being harmful for life and health, cruel treatment with him (her) shall be subject to compensation in the manner provided by the Law.

Article 15. Respect of honor and dignity of person

1. Upon proceeding on cases on administrative infractions, the decisions and actions degrading honor or derogating dignity of a person participated in the case shall be prohibited, the collection, use and distribution of details on private life, and equally details of personal and business character that the person considers necessary to keep in secret shall not be allowed for the purposes not provided by this Code.

2. Moral damage inflicted to a person in the course of proceeding on the cases on administrative infractions by illegal actions of a court, other state bodies and civil servants shall be subject to compensation in the manner established by the Law.

Article 16. Inviolability of private life and protection of secret

Private life, personal, family, commercial and other secret protected by the Law shall be under the protection of the Law. Everyone shall have the right to secrecy of personal contributions and funds, correspondence, postal, telegraph and other messages. Restriction of these rights in the course of proceeding on the case on administrative infraction shall be allowed only in cases and in the manner established directly by the Law.

Article 17. Inviolability of property

1. Property shall be guaranteed by the Law. No one may be deprived of own property other than under the court decision.

2. Withdrawal of property and documents; removal from controlling transport vehicles, small size vessels; detention of a transport vehicle, small size vessel; survey of transport vehicles, small size vessels; inspection of territories, premises, transport vehicles, goods, other property, as well as the relevant documents, application of other measures of ensuring the proceeding on the case on administrative infraction encroaching on the property may be performed only in cases and in the manner provided by this Code.

Article 18. Independency of court (judge) and body (civil servant) being authorized to consider the cases on administrative infractions

Courts (judges) and bodies (civil servants) being authorized to consider the cases on administrative infractions shall resolve them in conditions that exclude outside influence on them. Any interference in activity of a court (judge) and body (civil servant) being authorized to consider the case on administrative infractions shall be inadmissible and entail the liability established by the Law.

Article 19. Release from obligation to give testimonies

1. No one shall be obliged to give testimonies against oneself, husband (wife) and own close relatives, the circle of which is determined by the Law.

2. Churchmen shall not be obliged to testify against those who became confidential with them in confession.

3. The Commissioner for Human Rights in the Republic of Kazakhstan is not obliged to testify about the circumstances that became known to him in connection with the performance of his official duties.

4. In the cases provided for by parts one, two and three of this article, these persons have the right to refuse to testify and cannot be subjected to any liability for this.

Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 No. 92-VII (shall be enforced six months after the day of its first official publication).

Article 20. Ensuring of rights to qualification legal assistance

1. Everyone shall have the right to receive qualification legal assistance in the course of administrative proceeding in accordance with provisions of this Code.

2. In cases provided by the Law, the legal assistance shall be rendered without payment.

Article 21. Publicity of proceeding on the cases on administrative infractions

1. Court, bodies (civil servants) being authorized to consider the cases on administrative infractions shall carry out the proceeding on these cases on a public basis.

2. In accordance with the Law, the closed proceeding shall be carried out in respect of the cases containing details being the state secrets, as well as upon satisfaction of a court, body (civil servant) being authorized to consider the cases on administrative infraction, petition of a person participating in the case relating to necessity of keeping a secrecy of adoption, preservation of personal, family, commercial or another secrecy protection by the Law, details on intimacy of individuals or to other circumstances impeding to public hearing.

3. Personal correspondence and personal telegraph messages of individuals may be announced upon opened proceeding only with the agreement of the persons between which there were correspondence and telegraph messages. Otherwise, the personal correspondence and personal telegraph messages of these persons shall be announced and studied upon closed proceeding. Mentioned rules shall be applied also upon study of photo- and cine documents, sound- and video records, information on electronic carriers containing details of personal character.

4. Persons participating in a case, and individuals attending upon opened proceeding shall have the right to fix the course of the proceeding in written or with the use of audio recording from the places taken by them in a premise where the proceeding is carried out. Cine- and photo survey, video recording, radio, television and internet broadcast in the course of proceeding shall be allowed under permission of a court, body (civil servant) being authorized to consider the cases on administrative infractions, considering the opinions of the persons participating in the case. These actions shall not impede normal course of proceeding and may be restricted in time.

Article 22. Safety ensuring in the course of proceeding

Proceeding on the cases on administrative infractions shall be conducted in conditions ensuring normal work of a court, body (civil servant) being authorized to consider the cases on administrative infractions, and security of participants of the proceeding. For the purpose of safety ensuring, the judge, civil servant may give an order to conduct inspection of the persons willing to attend upon the proceeding on case, including inspection of documents certifying their identity, personal inspection and inspection of items of property carried by them.

Article 23. Freedom of contesting procedural decisions and appeal of procedural actions

1. Force of the body (civil servant) being authorized to draw up minutes on the cases on administrative infractions may be appealed, and the decisions of a court, body (civil servant) being authorized to consider the cases on administrative infractions may be contested in the manner established by this Code.

2. Person participating in a case shall have the right to review the decrees on the cases on administrative infractions in the manner established by this Code.

3. Reversion of a claim to the damage of a person that filed the claim, or to the damage of the person in behalf of whom it was filed shall not be allowed.

Article 24. Judicial protection of rights, freedoms and legal interests of a person

1. Everyone shall have the right to judicial protection of own rights and freedoms. Interested person shall have the right to go in court for protection of violated or contested rights, freedoms or interests protected by the Law.

2. Prosecutor shall have the right to refer to the court with a suit (application) for the purpose of carrying out of obligations imposed on him (her) and for protection of the rights of individuals, organizations, public and state interests.

3. The court jurisdiction provided by the Law may be changed for no one, without his (her) agreement.

4. Court shall be obliged to explain the right provided by part five of Article 683 of this Code to a legal representative of the person in respect of whom the proceeding on the case on administrative infraction is conducted or injured party being minors or those deprived of a possibility to exercise own rights according to own physical or mental condition.

Section 2. ADMINISTRATIVE INFRACTION AND ADMINISTRATIVE
LIABILITY
GENERAL PART
Chapter 3. ADMINISTRATIVE INFRACTION

Article 25. Administrative infraction

1. Administrative infraction shall be recognized as an illegal, guilty (intentional or careless) action or omission of an individual or illegal action or omission of a legal entity for which this Code provides the administrative liability.

2. Administrative liability for infractions provided by Articles of the Special part of this Code shall occur if these infractions upon own character do not entail criminal liability in accordance with the legislation.

Article 26. Commission of administrative infraction intentionally

Administrative infraction shall be recognized committed intentionally, if the individual that committed it realized illegal character of own action (omission), foresaw its harmful consequences and wished or admitted consciously occurrence of these circumstances or referred to them indifferently.

Article 27. Commission of administrative infraction carelessly

Administrative infraction shall be recognized committed carelessly, if the individual that committed it foresaw a possibility of occurrence of harmful consequences of own action (omission), but relied lightmindedly on their prevention without sufficient grounds or did not foresee the possibility of occurrence of such consequences, however upon proper attention and foresight should and could foresee them.

Chapter 4. ADMINISTRATIVE LIABILITY

Article 28. Persons subjected to administrative liability

They are shall be subject to administrative liability:

1) mentally competent individual that up to the date of completion or suppression of an administrative infraction attained sixteen years;

2) legal entity.

Article 29. Legal insanity

Individual that during commission of illegal action provided by this Code was in a condition of insanity, in other words could not realize actual character and danger of own actions (omission) or manage by them due to chronicle mental disease, temporary mental disorder, feeblemindedness or other diseased mental state shall not be subject to administrative liability.

Article 30. Administrative liability of civil servants

Civil servant shall be brought to administrative liability upon condition of commission of administrative infraction due to non-fulfillment or improper fulfillment of the official obligations. In the absence of this circumstance, the civil servant being guilty in commission of administrative infraction shall be subject to liability on a common basis.

Note. Civil servants in this Code shall be recognized as persons that carrying out or carried out the functions of a public officer permanently, temporary or on a special power up to the date of commission of administrative infraction or performing or performed organizational management or administrative economic functions in the state institutions, subjects of quasi-public sector, bodies of local self-government up to the date of commission of administrative infraction.

Article 31. Peculiarities of administrative liability upon fixation of an offense with certified special control and measuring technical means and devices

Footnote. Title of Article 31 is in the wording of the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Upon fixation of an administrative offense with certified special control and measuring technical means and devices, operating in automatic mode, owners of vehicles shall be brought to administrative liability for administrative offenses in the field of traffic.

2. Possessor (owner) of a transport vehicle shall be released from administrative liability for infractions committed with participation of this transport vehicle, if in the course of inspection upon his (her) message or application the person in possession of which it was at the moment of fixation of the infraction is established or it was withdrawn in a result of illegal actions of other persons.

Note.

Owners of transport vehicles in Articles of this Code shall be recognized as individuals owning the transport vehicle on the basis of the right of ownership, as well as individuals to whom the transport vehicles belonging to individuals and legal entities are transferred in temporary possession and use.

Certified special monitoring and test technical means and devices in Articles of this Code shall be regarded as technical means and devices of supervision and fixation of infractions, that passed metrological testing, photo-, video equipment, fixing a fact and time of committing the infraction, type, brand, state registration number plate, as well as speed and moving direction of the transport vehicle.

Footnote. Article 31 as amended by the laws of the Republic of Kazakhstan dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 32. Administrative liability of a military servant, prosecutor and other persons to which the force of disciplinary charters or special provisions is applied for commission of administrative infractions by them

1. Military servants and persons, liable for military service, being at military trainings shall bear liability for administrative offenses, committed in the performance of their official duties, on disciplinary charters, except for the cases, provided by Articles 651, 652, 667, 676, 677, 680, 681 of this Code. Servants of special state and law enforcement bodies shall bear liability for administrative offences, committed in the performance of official duties in accordance with regulatory legal acts, regulating the procedure for passing service in the relevant bodies.

2. For violations of regime of the State Border of the Republic of Kazakhstan, regime at checkpoints across the State border of the Republic of Kazakhstan and the customs border of Eurasian Economic Union, the legislation of the Republic of Kazakhstan on state secrets, sanitary and epidemiological welfare of the population, fire safety requirements, traffic rules, customs rules beyond the place of service, the legislation of the Republic of Kazakhstan on accounting and financial reporting, budget and tax legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on public procurement, rules of hunting, fishing, requirements of the environmental legislation of the Republic of Kazakhstan, norms for rational use and protection of natural resources, the persons specified in part one of this Article shall bear an administrative liability on common basis. The named persons cannot be subject to administrative sanctions in the form of deprivation of the right to carry and store firearms and cold arms and administrative arrest.

3. Administrative sanction in the form of administrative fine may not be applied to military servants doing active military service, and cadets of military and special educational institutions.

4. Bodies (civil servants) provided by the right to impose administrative sanctions instead of imposing administrative sanctions to the persons mentioned in parts one and three of this Article shall transfer materials on infractions to the relevant bodies for resolution of the issue on bringing guilty persons to disciplinary liability.

Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 11.18.2015 No. 411-V (shall be enforced from 01.01.2016); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26. 12. 2017 No. 124-VI (shall be enforced from 01.01.2018); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 33. Administrative liability of private notaries, judicial enforcement agent, defence attorneys, individual entrepreneur and legal entities

1. Private notaries, private officers of justice, defence attorneys, individual entrepreneurs and legal entities shall be subject to administrative liability for administrative infraction in cases provided by the Special part of this section.

2. Individual entrepreneur and legal entities shall be subject to administrative liability for administrative infraction, if the act (action or omission) provided by the Special part of this section was committed, sanctioned, approved by the body, person carrying out the management functions of individual entrepreneur or legal entity performing organizational and management or administrative and economic functions.

3.The structural subdivisions of a legal entity, that have committed administrative violations and being independent taxpayers (except for financial organizations) shall bear an administrative liability as legal entities.

4. Bringing of individual entrepreneurs and legal entities to administrative liability shall release a worker of the individual entrepreneur and legal entity from administrative infraction for such infraction.

Note. For the purposes of this Code, individual entrepreneurs and legal entities shall bear an administrative liability as subjects of entrepreneurship.

Footnote. Article 33 as amended by the RK Law dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34. Administrative liability of foreign persons, foreign legal entities and stateless persons

1. Foreign persons, foreign legal entities, their branches and representatives and stateless persons that committed administrative infractions in a territory of the Republic of Kazakhstan, as well as in a continental shelve of the Republic of Kazakhstan shall be subject to administrative liability on common basis.

2. Structural subdivisions (branches and representatives) of foreign and international non-profit non-governmental associations shall bear administrative liability for the breach of the legislation of the Republic of Kazakhstan on public associations as legal entities.

3. The issue on administrative liability for administrative infractions committed in a territory of the Republic of Kazakhstan by diplomatic representatives of foreign states and other foreign persons that enjoy immunities shall be resolved in accordance with the rules of international law.

Chapter 5. CIRCUMSTANCES EXCLUDING ADMINISTRATIVE
LIABILITY

Article 35. Necessary defence

1. Commission of act provided by this Code in a condition of necessary defence, i.e. upon defence of a person, dwelling place, property, land field and other rights of defender or other persons, interests of a society of the state protected by the Law from illegal offences by infliction of harm to offender, if there are no exceeding limits of necessary defence, shall not be administrative infraction.

2. All the persons shall have the right to necessary defence in equal measure independent from their professional or other special training and service position. This right shall belong to a person independent from a possibility to avoid illegal offence or request assistance from other persons or state bodies.

3. Exceeding limits of necessary defence shall be recognized as obvious non-conformance of defence to character and level of hazard of the offence, in a result of which the obviously excessive harm not caused by a situation is inflicted to offender. Such excess shall entail administrative liability only in cases of intended infliction of the harm.

4. The persons that exceeded the limits of necessary defence due to fear, fright or confusion caused by illegal offence shall not be subject to administrative liability.

Article 36. Detention of a person that committed offence

1. Commission of act provided by this Code upon detention of a person that committed illegal offence for bringing of this person to the state bodies and suppression of a possibility of committing new offences by him (her) shall not be recognized as administrative infraction, if there are no other opportunities to detain such person by other means and if there are no exceeding limits required for these measures.

2. Exceeding measures required for detention of a person that committed offence shall be recognized as their obvious non-conformance to character and level of hazard of the offence committed by the detained person and to circumstances of detention, when the obviously exceeding harm not caused by situation is inflicted in respect of the persons without necessity. Such exceeding shall entail administrative liability only in cases of intentional infliction of harm.

3. Injured parties and other individuals shall have the right to detain a person that committed offence, together with the specially authorized persons.

Article 37. Extreme necessity

1. Infliction of harm to interests protected by this Code in a condition of extreme necessity, i.e. for elimination of hazard threatening directly to life, health, rights and legal interests of such person or other persons, interests of a society or the state, if this hazard might not be eliminated by other means and by this if there are no exceeding limits of extreme necessity shall not be recognized as administrative infraction.

2. Exceeding limits of extreme necessity shall be recognized as infliction of harm obviously not conformed to character and level of threatened danger and situation, in which the danger was eliminated when the harm equally or more essential that eliminated was inflicted to the interests protected by the Law. Such exceeding shall entail liability only in cases of intentional infliction of harm.

Article 38. Physical or psychic compulsion

1. Commission of the act provided by this Code in a result of physical or psychic compulsion, if due to such compulsion the person might not manage own actions (omission) shall not be recognized as administrative infraction.

2. Issue on administrative liability for infliction of the harm to interests protected by the Code in a result of psychic compulsion, as well as in a result of physical compulsion due to which the person preserved a possibility to manage own actions, shall be resolved in consideration of provisions of Article 37 of this Code.

Article 39. Execution of an order or regulation

1. Commission of the act provided by this Code by a person that acted for executing compulsory order or regulation shall not be recognized as administrative infraction. The person that gave illegal order or regulation shall bear administrative liability for commission of such act.

2. Persons that committed intentional administrative infraction for execution of knowingly illegal order or regulation shall bear administrative liability on common basis. Non-execution of knowingly illegal order or regulation shall exclude the administrative liability.

Chapter 6. ADMINISTRATIVE SANCTION AND MEASURES OF
THE STATE LEGAL EFFECT

Article 40. Definition and purposes of administrative sanction

1. Administrative sanction is a measure of the state enforcement applied by the judge, bodies (civil servants) authorized by the Law for commission of administrative infraction, and consists in deprivation or restriction of the rights and freedoms of a person that committed such infraction provided by this Code.

2. Administrative sanction shall be applied for the purpose of education of a person that committed infraction, in the spirit of compliance with requirements of the legislation and respect of a legal order, as well as prevention of committing new infractions as the offender himself (herself), so by other persons.

3. Administrative sanction shall not be aimed at infliction of physical suffers to a person that committed administrative infraction, or degrading his (her) human dignity, as well as infliction of the harm to business reputation of a legal entity.

4. Administrative sanction shall not be the means of compensation for the property damage. Harm inflicted by the administrative infraction shall be compensated in the manner provided by Article 59 of this Code.

Article 41. Types of administrative sanctions

1. The following administrative sanctions may be applied for commission of administrative infractions:

1) notification;

2) administrative fine;

3) confiscation of a subject being a tool or subject of committing administrative infraction, and equally the property received due to commission of the administrative infraction;

4) deprivation of a special right;

5) deprivation of permission or suspension of its validity, as well as exclusion from register;

6) suspension or prohibition of the activity;

7) compulsory demolition of the built structure or the structure under construction on illegal basis;

8) administrative arrest;

9) administrative expulsion of a foreign person or stateless person beyond the borders of the Republic of Kazakhstan.

2. For commisrepeatedly second time second timesion of administrative infractions to the legal entities, the administrative sanctions listed in subparagraphs 1) – 5) and 7) of a part one of this Article, as well as suspension or prohibition of activity or separate types of activity of a legal entity may be applied.

Article 42. Main and additional measures of administrative sanctions

1. Caution, administrative fine, administrative arrest may be applied only as main administrative sanctions.

2. Deprivation of a special right, deprivation of permission or suspension of its validity, as well as exclusion from register, suspension or prohibition of the activity or its separate types, as well as administrative expulsion of foreign persons or stateless persons beyond the borders of the Republic of Kazakhstan may be applied as main, so additional administrative sanctions.

3. Confiscation, compulsory demolition of the built structure or the structure under construction on illegal basis may be applied only as additional administrative sanction.

Article 43. Notification

1. Notification shall be in an official giving by the court, a body (official) authorized to impose an administrative penalty, a negative evaluation of the committed offense and notification of an individual or legal entity about the inadmissibility of illegal conduct. Notification shall be given in written form.

2. In the absence of circumstances stipulated in Article 57 and a note to Article 366 of this Code, the court (judge), the body (official), imposing an administrative sanction, shall be obliged to apply the notification, provided by the relevant Article of Special part of this Code.

Footnote. Article 43 is in the wording of the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 44. Administrative fine

1. Administrative fine (hereinafter – fine) is a money recovery imposed for administrative infraction in cases and limits provided in Articles of the Special part of this section, in amount being relevant to particular quantity of monthly calculation index established in accordance with the Law acting up to the date of initiation of a case on administrative infraction.

In cases provided in Articles of the Special part of this section, the amount of fine shall be expressed in percentage from:

1) rates of payment for negative impact on environment, as well as the amount of economic profit received as a result of violation of the environmental legislation of the Republic of Kazakhstan;

1-1) the amount of damage, caused to subsoil resources as a result of violation of the right of state ownership of subsoil;

2) sum of non-fulfilled or fulfilled improperly tax obligation;

3) sum of unpaid (non-transferred), untimely and (or) incompletely paid (transferred) social expenditures;

Is provided amendment to Subparagraph 4) Paragraph 1 by the Law of the Republic of Kazakhstan No. 342-V dated 02.08.2015 (shall be enforced from 01.01.2023).

4) sum of non-transferred, untimely and (or) incompletely calculated, dedicated (accrued) and (or) paid (transferred) compulsory pension contributions and compulsory professional pension contributions;

5) sum of a cost of sub-excise goods received in a result of illegal entrepreneurship;

6) sum being unaccounted in accordance with requirements of the legislation of the Republic of Kazakhstan on business accounting and financial reporting or properly accounted;

7) sum of a transaction (operation) consummated (conducted) with the violation of the financial legislation of the Republic of Kazakhstan;

8) the sum of income (revenue), obtained as a result of monopolistic activities or violation of the legislation of the Republic of Kazakhstan on electric power industry, natural monopolies, legislation of the Republic of Kazakhstan, regulating the activity of financial market and financial organizations;

9) cost of energy resources used in excess of approved normative standards for the period in which the infraction is occurred, but no more than for one year;

10) sum of non-accepted national and foreign currency.

11) the sum of unpaid (non-transferred), untimely and (or) incompletely paid (transferred) deductions and (or) contributions to compulsory social health insurance.

If in provided Articles of the Special part of this section, the amount of fine is expressed in percentage from a sum of operation conducted with violation of the rules of financial legislation of the Republic of Kazakhstan, and such operation is conducted in a foreign currency, the recount of a sum of fine in tenge shall be carried out according to official exchange rate established by the National Bank of the Republic of Kazakhstan up to the date of drawing up a protocol on administrative infraction.

2. The amount of fine imposed on an individual cannot exceed two hundred monthly calculation indices.

Amount of fine imposed on a civil servant, private notary, private officer of justice, defence attorney, subjects of small entrepreneurship, as well as non-commercial organizations may not exceed seven hundred fifty monthly calculation indices.

Amount of fine imposed on subjects of medium entrepreneurship may not exceed one thousand monthly calculation indices.

Amount of fine imposed on subjects of large entrepreneurship may not exceed two thousand monthly calculation indices.

3. Fine calculated in accordance with item two of a part one of this Article may be established in amounts exceeding or less than established amounts of fines mentioned in part two of this Article.

This edition of paragraph 4 shall be enforced from 01.01.2018 for the towns of regional significance, villages, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (current version before 01.01.2020 for the towns of regional significance, villages, rural districts with a population of two thousand or less people, see the archival version dated 28.12.2017 of the Code of the Republic of Kazakhstan on Administrative violations dated 05. 07. 2014 No. 235-V).

4. The fine shall be collected to the income of state budget in accordance with the procedure, established by the legislation of the Republic of Kazakhstan.

Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 271-V (shall be enforced from 01.01.2015); dated 16.11.2015 No. 406-V (shall be enforced from 01.07.2017); dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017); dated 11.07.2017 No. 90-VI (for the procedure of enforcement see subparagraph1) of paragraph 1 of Article 2); dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 45. Confiscation of a subject being a tool or subject of committing administrative infraction, as well as property received due to commission of administrative infraction

1. Confiscation of a subject being a tool or subject of committing administrative infraction, as well as property received due to commission of administrative infraction consists in their compulsory non-repayable conversion into the ownership of the state in the manner established by the legislation.

Withdrawal of s subject subjected to return to the owner from illegal possession of a person that committed administrative infraction or withdrawn from turnover shall not be recognized as confiscation. Subject withdrawn from the turnover shall be subject to conversion into the ownership of the state or destruction.

2. Only the subject being a property of a violator shall be subject to confiscation, unless otherwise provided by the Special part of this Code.

3. Confiscation of hunting weapon, ammunition to it and other permitted hunting and fishing tools may not be applied to persons for which the hunting (fishery) is a main legal source of living.

4. Confiscation shall be applied by a judge and may be imposed in cases when it is provided by the relevant Article of the Special part of this section as the administrative sanction.

Article 46. Deprivation of a special right

1. Deprivation of a special right provided to particular person shall be applied by a judge.

2. Term of deprivation of a special right may not be less than one month and more than two years.

3. The term for deprivation of the right to operate transport vehicles may not be less than six months and more than ten years.

4. Deprivation of the right to drive transport vehicles may not be applied to persons, who use these vehicles due to disability, except for the cases of driving in a state of intoxication or evasion from passing of examination for intoxication in the established manner, as well as leaving a scene of a traffic accident by mentioned persons in violation of established rules, of which they were participants.

5. Deprivation of the right of hunting, fishing, keeping and bearing hunting weapon, ammunition to it and fish-tackles may not be applied to persons for whom the hunting (fishery) is a main legal source of living, with the exception of systematic violation of the order of using this right.

Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 No. 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47. Deprivation of permission or suspension of its validity, as well as exclusion from register

1. Deprivation of a permit or suspension of its validity shall be applied for an administrative offense, committed upon carrying out activities or committing certain actions (operations) provided in a permit.

1-1. Revocation or suspension of a permit shall be imposed by the judge, authorized body (official) taking into account the provisions of parts three, four, six and 6-1 of this Article.

2. The period for suspension of a permit may not be less than one and more than six months.

3. Suspension or revocation of permit to carry out activities in the financial sector and activities related to the concentration of financial resources, except for revocation of the credit bureau's permit, shall be carried out by the authorized authority for regulation, control and supervision of the financial market and financial organizations and the National Bank of the Republic of Kazakhstan within their competence on the grounds and in the manner established by the Laws of the Republic of Kazakhstan.

4. An exclusion from the register shall be carried out by the authorized body in the sphere of customs affairs on the grounds and in the manner, established by the customs legislation of the Republic of Kazakhstan and by 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 on road traffic.

5. Excluded by the Law of the Republic of Kazakhstan dated 03.07.2020 No. 359-VI (shall be enforced from 01.01.2021).

6. Exclusion from the register of collection agencies shall be carried out by the authorized authority for regulation, control and supervision of the financial market and financial organizations on the grounds and in accordance with the procedure established by the Law of the Republic of Kazakhstan "On collection activity".

6-1. Exclusion from the register of payment institutions shall be carried out by the National Bank of the Republic of Kazakhstan on the grounds and in the manner established by the Law of the Republic of Kazakhstan "On payments and payment systems".

7. In case, that the activity, upon carrying out of which, an administrative offense is committed shall be a subspecies of the licensed type of activity, an administrative sanction in the form of deprivation or suspension of the permit shall be applied only to a specific sub-type of the licensed activity.

Note. For the purposes of this Code, under the deprivation of a permit, suspension of its activity means the deprivation of a license to carry out a licensed type of activity or its subspecies, a special permit, a qualification certificate, or suspension of its action on a certain type or subspecies of activity, or committing a specific action, as well as another permit document, provided by the Law of the Republic of Kazakhstan "On Permits and Notifications".

Footnote. Article 47 as amended by the laws of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 06.05.2017 No. 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2020 No. 359-VI (shall be enforced from 01.01.2021).

Article 48. Suspension or prohibition of activity or its separate types

1. Suspension or prohibition of activity or its separate types consists in temporary termination of the activity of prohibition of activity or its separate types of individuals and (or) legal entities, as well as branches, representatives, structural subdivisions of legal entities, production areas, as well as operation of aggregates, buildings and structures, carrying out of separate types of activity (work), rendering of services.

2. Suspension or prohibition of activity or its certain types shall be carried out in the judicial proceeding or by the authority (official) authorized to consider cases of administrative infractions, if for commission of administrative infraction it is possible to impose sanctions in the form of suspension or prohibition of the activity. Consideration of such cases shall be carried out within ten days.

3. Suspension of activity or its certain types shall be established for a term up to three months.

4. Before consideration of the case, the measure of ensuring in the form of suspension or prohibition of the activity or its certain types may be applied to an individual or legal entity in the manner provided by Article 801 of this Code. In this case, the term of suspension or prohibition of the activity or its certain types shall be included into the term of suspension or prohibition of the activity or its certain types if this measure of administrative sanction will be applied upon consideration of the case.

Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 49. Compulsory demolition of the built structure or the structure under construction on illegal basis

Compulsory demolition of the built structure or the structure under construction on illegal basis shall be imposed by a judge in cases provided by Articles of the Special part of this section.

Article 50. Administrative arrest

1. Administrative arrest shall be established for a term up to thirty days, and for violation of requirements of emergency regime – up to the term of five days. Administrative arrest shall be imposed by a judge in exclusively cases within the limits provided in Articles of the Special part of this section.

2. Administrative arrest may not be applied to pregnant women and women with children under the age of fourteen, persons under the age of eighteen, persons with disabilities of the first and second category, as well as women over the age of fifty-eight, men over sixty-three years and men raising children alone, who have not reached the age of fourteen.

3. Term of administrative detention shall be included into the term of administrative arrest.

Footnote. Article 50 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 No. 137-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 51. Administrative expulsion of foreign persons or stateless persons beyond the borders of the Republic of Kazakhstan

1. Administrative expulsion of foreign persons or stateless persons beyond the borders of the Republic of Kazakhstan shall be applied by a judge as a measure of administrative sanction in the manner and on the grounds that are provided by the Special part of this Code.

Provisions of this part shall not apply to the cases of expulsion of foreign persons or stateless persons carried out in the manner provided by the civil procedural legislation of the Republic of Kazakhstan.

2. In case if in the course of administrative proceeding, the person in respect of whom the measure of administrative sanction in the form of administrative expulsion beyond the borders of the Republic of Kazakhstan may be applied, informs on committed act in respect of him (her) recognized as grave or especially grave crime in accordance with the Criminal Code of the Republic of Kazakhstan, the consideration of a case on administrative infraction in respect of this person shall be postponed until making decision on a message or application I the manner established by Article 179 of the Criminal procedural code of the Republic of Kazakhstan.

Article 52. Measures of administrative and legal influence

1. The following measures of administrative legal influence shall be applied to the person that committed administrative infraction for the purpose of prevention of committing new infractions in accordance with this Code:

1) inspection of knowledge of traffic rules;

2) establishment of special requirements to behavior of an offender;

3) testing knowledge of the rules for civil and service weapon safe handling.

2. Measures of administrative and legal influence mentioned in part one of this Article shall be applied together with imposition of administrative sanction, so instead of it upon exemption a person committed administrative infraction from administrative responsibility on the ground provided by Articles 64, 64-1 of this Code.

Footnote. Article 52 is in the wording of the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 53 Testing the knowledge of traffic rules

1. Drivers of vehicles, committed infractions, provided by Articles 594 (part four), 596 (part four), 598 (part three), 599 (part two), 600 (part two) of this Code shall be sent for testing the knowledge of traffic rules.

2. The resolution on direction for testing the knowledge of traffic rules shall be issued by the bodies (officials), authorized to review cases of administrative offenses, provided by mentioned Articles of this Code.

Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (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 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 53-1. Testing knowledge of the rules for civil and service weapons safe handling

Footnote. Heading of Article 53-1 as amended by the Law of the Republic of Kazakhstan No. 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Owners and users of civil and service weapons who have committed offenses provided for in part one of Article 484, part one of Article 485 and part one of Article 486 of this Code are sent to take an exam to test knowledge of the rules for safe handling of civil and service weapons.

The resolution on direction for testing knowledge of the rules for civil and service weapons safe handling shall be carried out by agencies (officials), authorized to review cases of administrative offences provided by mentioned Articles of this Code.

Footnote. The Code is supplemented by Article 53-1 in accordance with the Law of the Republic of Kazakhstan dated 22. 12. 2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan No. 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 54. Establishment of special requirements to behavior of an offender

1. When considering a case of an administrative offense by a court on its own initiative or at the request of the police or other participants in the proceedings on an administrative offense, special requirements may be established for the behavior of a person who has committed an administrative offense provided for by articles 73, 73-1, 73-2, 127, 128, 131, 434, 435, 440 ( part three), 442 (part three), 448, 461, 482, 485 ( part two) of this Code for a period of three months to one year, providing a ban in full or separately:

1) seek, prosecute, visit the victim, conduct oral, telephone negotiations and come into contacts with him (her) by other methods, including minors and (or) disabled members of his (her) family, against the will of the victim;

2) acquire, store, carry and use firearms and other types of weapons;

3) to minors visit certain places, travel to other areas without the permission of the commission on protection of the rights of minors;

4) use alcoholic beverages, narcotic drugs, psychotropic substances.

2. Upon establishment of special requirements to behavior of a person that committed administrative infraction in the scope of family relations, for the purpose of protection and defence of an injured party and his (her) family members, in exclusive cases, the court shall have the right to apply a measure of administrative legal effect in the form of prohibition for the person that committed domestic violence to reside in individual residential house, flat or another dwelling place with the injured party in case if this person has another dwelling place for the term up to thirty days.

3. Within the validity term of special requirements to behavior of an offender, he (she) may be imposed by obligations to come to internal affairs bodies for a prophylactic conversation from one up to four times per month.

Footnote. Article 54 as amended by the laws of the Republic of Kazakhstan dated 31.10.2015 No. 378-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.04.2016 No. 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 No. 292-VІ (order of enforcement see Article 2); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Chapter 7. IMPOSITION OF ADMINISTRATIVE SANCTION

Article 55. Common rules of imposing a sanction for administrative infraction

1. Administrative sanction for administrative infraction shall be imposed within the limits provided in Article of the Special part of this section for this administrative infraction in a precise conformance to provisions of this Code.

2. Administrative sanction shall be fair, conforming to the character of an infraction, circumstances of its commission, personality of an offender.

3. Upon imposition of administrative sanction on an individual, the character of committed administrative infraction, personality of a guilty person, as well as his (her) behavior before and after commission of the infraction, material status, circumstances mitigating and aggravating liability shall be considered.

4. Upon imposition of administrative sanction on a legal entity, the character of administrative infraction, material status, circumstances mitigating and aggravating liability shall be considered.

5. Imposition of administrative sanction shall not release a person from fulfillment of the obligation, for non-fulfillment of which the mentioned sanction was imposed, elimination of committed violations and compensation for harm.

6. One main or main and supplementary administrative sanction may be imposed for one administrative infraction.

Article 56. Circumstances mitigating liability for administrative infraction

1. Circumstances mitigating liability for administrative infraction shall be recognized as:

1) penitence of a guilty person;

2) prevention of harmful consequences of an infraction by a person that committed the administrative infraction, voluntary compensation for harm or elimination of inflicted harm;

3) commission of administrative infraction under the influence of intense emotional excitement or upon coincidence of grave personal or family circumstances;

4) commission of administrative infraction by a minor;

5) commission of administrative infraction by a pregnant woman or woman having a child at the age up to fourteen years;

6) commission of administrative infraction in a result of physical or psychic compulsion;

7) commission of administrative infraction upon violation of conditions of the legality of necessary defence, detention of a person that committed illegal offence, execution of an order or regulation;

8) commission of administrative infraction carelessly for the first time.

2. Court (judge), body (civil servant) considering the case on administrative infraction may also recognize the circumstances not mentioned in a part one of this Article as mitigating.

Article 57. Circumstances aggravating liability for administrative infractions

Circumstances aggravating liability for administrative infractions shall be recognized as:

1) continuation of offending behavior in spite of explanation of the Law by a prosecutor and (or) requirement of the authorized persons to terminate it;

2) repeated commission of homogeneous administrative infraction within a year, for which the person was already subject to administrative sanction, within the period, provided for by Article 61 of this Code;

3) involvement of a minor in administrative infraction;

4) involvement of persons that knowingly for a guilty person suffer from severe mental disease, or the persons that did not attain the age of administrative liability in commission of administrative infraction;

5) commission of administrative infraction based on national, racial and religion hatred or enmity, based on revenge for legal actions of other persons, as well as for the purpose of hiding other infraction or simplify its commission;

6) commission of administrative infraction in respect of a person or his (her) close relatives due to performance of official, professional or public duty by this person;

7) commission of administrative infraction in respect of a woman being pregnant knowingly for a guilty person, as well as in respect of an infant, other defenceless or helpless person or a person being in dependence from the guilty person;

8) commission of administrative infraction by group of persons;

9) commission of administrative infraction in conditions of natural disaster or upon other cases of emergency;

10) commission of administrative infraction in a condition of alcohol, drug or substance abuse intoxication. Court (judge), body (civil servant) imposing the administrative sanction may not to recognize this circumstance as aggravating depending on a character of administrative infraction.

Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 58. Imposition of administrative sanctions upon commission of several administrative infractions

1. Upon commission of two or more administrative infractions by one person, the administrative sanction shall be imposed for each infraction separately.

2. If the person committed several administrative infractions that are considered by one and the same judge, authorized authority (official), then in case of imposition of one and the same type of sanction on this person, the final size of the sanction may not exceed three-stage maximum limit established by this Code for this type of sanction, and the administrative arrest may not exceed the term established by part one of Article 45 of this Code and for deprivation of a special right - the terms established by parts two and three of Article 46 of this Code.

3.In case that administrative fines are expressed in percentage, when imposing them for committing several administrative offenses, the fine shall be charged for each administrative offense separately.

Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 59. Compensation for harm inflicted by administrative infraction

1. Judge upon consideration of a case on administrative infraction which inflicted the property damage, upon solution of the issue on imposition of administrative sanction shall recover the same damage at one time, if there is no dispute on its size.

Disputes on a size of property damage inflicted by administrative infraction shall be considered in the manner of civil proceeding.

2. Compensation of property damage on affairs on administrative infractions being considered by other authorized bodies (civil servants) in case of refusal of a guilty person from his (her) voluntary compensation shall be performed in the manner of civil proceeding.

3. Requirements on protection of business reputation or compensation for moral damage inflicted by administrative infraction shall be considered in the manner of civil proceeding on the grounds provided by the Civil Code of the Republic of Kazakhstan.

Article 60. Calculation of terms of administrative sanction

Term of administrative arrest shall be calculated in days, and deprivations of a special right provided to an individual or legal entity, as well as deprivations of permission or suspension of its validity shall be calculated in years, months or calendar days.

Article 61. Term within which the person is considered as subjected to administrative sanction

A person who is a subject to an administrative sanction for an administrative infraction, shall be considered subjected to this sanction within one year from the date of termination the execution of the administrative sanction, and for administrative infractions in the field of environmental protection, committed by large-sized entities, – within three years.

Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Chapter 8. RELEASE FROM ADMINISTRATIVE LIABILITY AND
DAMINISTRATIVE SANCTION

Article 62. Release from administrative liability due to expiration of limitation period

1. A person shall not be subject to administrative liability after two months from the date of commission of an administrative offense, except in cases provided for by this Code.

2. An individual shall not be subject to administrative responsibility for an administrative corruption infraction, illegal interference of officials in business activities, as well as for infractions in the field of inspections of private entrepreneurship and other forms of control and supervision with visits to subjects of private entrepreneurship, taxation, environmental protection environment, protection of competition, customs, legislation of the Republic of Kazakhstan on pensions, on compulsory social insurance, on energy saving and energy efficiency, on state secrets, on natural monopolies, on subsoil and subsoil use, on the procedure for organizing and holding peaceful assemblies - after one year from the date of its commission, and a legal entity (including an individual entrepreneur) shall not be subject to administrative liability for committing an administrative corruption infraction, an infraction in the field of legislation of the Republic of Kazakhstan on energy saving and energy efficiency, as well as on subsoil and subsoil use, on the procedure for organizing and holding peaceful assemblies, for violating the procedures for assessing the conformity of objects of technical regulation - after three years from the date of its commission, for infractions in the field of taxation, protection of competition, the field of customs Affairs, legislation of the Republic of Kazakhstan on pensions, on compulsory social insurance, on natural monopolies - upon expiration of five years from the date of its commission.

3. Upon continuing administrative infraction, as well as upon commission of the administrative infraction in the field of budget relations infringing interests of society and the state protected by the Law, the person shall not be subjected to bringing to administrative liability upon expiry of two months from the date of detection of the administrative infraction.

When committing an administrative offense in the field of finance, when restoring solvency, rehabilitation and bankruptcy, a person is subject to administrative responsibility no later than three years from the date of committing an administrative offense, but cannot be brought to administrative responsibility after two months from the date of detection of an administrative offense

For the commission of an operation with money and (or) other property that entailed the legalization (laundering) of proceeds from crime, a legal entity is subject to administrative liability no later than three years from the date of the commission of an administrative offense.

4. Provisions of parts one and three of this Article shall not apply to the cases when the administrative infraction promotes committing criminal infraction and it becomes known in the course of investigation or judicial consideration of the criminal case. In the manner provided by a part one of Article 405 of the Criminal Procedural Code of the Republic of Kazakhstan, the court shall have the right to impose administrative sanction on a person being guilty in such infraction, if from the date of commission of administrative infraction no more than one year has passed.

5. The duration of imposing an administrative sanction for administrative infraction shall be suspended from the time of appointment of expertise, determination of the drive of the person against whom the proceedings shall be conducted, as well as the direction of a case to the court or an official of the state authority, authorized to consider cases of administrative infractions.

Calculation of these terms shall be resumed from the moment of obtaining the results of the expertise, and also the factual delivery of the person liable to administrative responsibility to the authority (to the official), performing the determination of the drive.

The total period of the drive cannot exceed more than one month.

6. In case of termination of a criminal case in existence of signs of administrative infraction in actions of an offender, the person may be brought to administrative liability no later than three months from the date of receipt of decision on its termination.

7. Running of the term of imposing a sanction for administrative infraction shall be interrupted, if until expiration of the terms mentioned in parts one and three of this Article the person commits new administrative infraction. Calculation of the term in these cases shall begin from the date of detection of new administrative infraction.

8. Decree of a judge or an authorized body on termination of administrative proceeding notwithstanding the term provided in part one of this Article, may be reconsidered on the proposal of the Chairman of the Supreme Court, the Chairman of the Judicial Collegium of the Supreme Court, a protest of a prosecutor submitted within one year from the date of its entering into legal force.

Footnote. Article 62 as amended by the laws of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016); dated 03.12.2015 No. 432-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017); No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.05.2020 No. 334-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021); dated 20.03.2021 No. 21-VII (shall be enforced from 01.07.2021); dated 02.07.2021 No. 63-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); dated 01.07.2022 No. 132-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 63. Release from administrative liability and administrative sanction based on amnesty act

1. Person that committed administrative infraction may be released from administrative liability or imposed administrative sanction on the basis of amnesty act, if this act removes applying of the administrative sanction.

2. Amnesty act shall be issued by the Parliament of the Republic of Kazakhstan in respect of individually indefinite range of persons.

Article 64. Release from administrative liability due to conciliation of parties

1. Cases of administrative infractions provided for by Articles 73, 73-1, 73-2, 73-3, 79 (part one), 146, 185, 186, 190 (parts five and six), 220, 229 (part two) of this Code shall only be initiated on the victim's application and shall be subject to termination due to his (her) conciliation with a person, committed an administrative infraction.

1-1. Persons who committed administrative infractions for the first time provided by Articles 73, 73-1, 73-2 or 73-3 of this Code may be exempted by the court from administrative responsibility if they have reconciled with the victims, applicants, including through mediation, and made amends for the harm caused.

2. Conciliation shall be carried out on the basis of written agreement signed by an injured party and the person that committed administrative infraction.

Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 No. 292-VІ (order of enforcement see Article 2); dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 26.06.2020 No. 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 64-1. Exemption from an administrative liability for minor offenses

At insignificance of the committed administrative offense, a judge, body (official), authorized to examine cases of administrative offenses, may exempt the person, who committed an administrative offense from an administrative liability, limiting with an oral observation.

Note. When deciding whether to exempt a person from an administrative liability under the basis, specified in this Article, the specific circumstances of committing an administrative offense, including the identity of the offender, as well as the object of infringement, shall be taken into account, and in the presence of harm, its size.

Footnote. Chapter 8 is supplemented with Article 64-1 in accordance with the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 9. ADMINISTRATIVE LIABILITY OF MINORS

Article 65. Administrative liability of minors

1. Minors to which the force of this chapter is applied shall be recognized as the persons that at the time of commission of administrative infraction attained sixteen years, but did not attain eighteen years.

2. Administrative sanction with application of the measures of educational influence may be imposed on a minor that committed administrative infraction.

Article 66. Special aspects of applying administrative sanctions to minors

1. Size of administrative fine imposed on a minor may not exceed ten monthly calculation indices independently from size of the fine provided by Article of the Special part of this section.

In the absence of property of the minor being sufficient for payment of the fine, the fine shall be imposed on parents or persons substituting them.

2. Deprivation of a special right may be imposed on minors for the term no more than one year.

3. Other types of administrative sanctions (with the exception of administrative arrest), as well as measures of administrative legal effect mentioned in Articles 41 and 52 of this Code, shall be applied to minors on common basis.

Article 67. Imposition of administrative sanction on a minor

1. Upon imposition of administrative sanction on a minor, except for the circumstances provided by Articles 56 and 57 of this Code, his (her) living conditions, level of mental development, other special aspects of a personality, as well as influence of elder persons on him (her) shall be considered.

2. Minority age as a mitigating circumstance shall be considered in case of accumulation with other mitigating and aggravating circumstances.

Article 68. Release of minors from administrative liability and administrative sanction

Minor that for the first time committed administrative infracti8on may be released by a court, body (civil servant) authorized to consider the cases on administrative infractions from administrative liability or from fulfillment of imposed administrative sanction with applying of measures of educational influence provided by the legislation.

Article 69. Measures of educational influence

1. The following measures of educational influence may be imposed to a minor:

1) explanation of the Law;

2) is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

3) imposition of the obligation to make up inflicted losses;

4) restriction of leisure time and establishment of special requirements to behavior of a minor.

2. Several measures of educational influence may be imposed simultaneously on a minor.

3. The period of application of the measure of educational influence provided by subparagraph 4) of part one of this Article shall be established for a period of three to six months.

4. In case of systematic non-fulfillment of measures of educational influence provided by subparagraph 4) of part one of this Article by minors, the bodies of internal affairs shall submit materials to the court for solution the issue of cancellation this measure and bringing the minor to an administrative liability, if the period of limitation, established by part one of Article 890 of this Code is not expired.

Footnote. Article 69 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 70. Content of measures of educational influence

1. Explanation of the Law consists of explanation of harm to a minor that inflicted by his (her) act, and legal consequences of repeated commission of infractions provided by this Code.

2. Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

3. Obligation to make up inflicted losses shall be imposed in consideration of material status of a minor and existence of the relevant work skills.

4. Restriction of a leisure time and establishment of special requirements to behavior of a minor may provide a prohibition of visiting particular places, used of particular forms of the leisure time, as well as linked with operating a transport vehicle, restriction of staying outside home after particular time of day, departure to other locations without permission of court or body (civil servant) authorized to consider the cases on administrative infractions. In respect of a minor, the special requirements to behavior of an offender provided by Article 54 of this Code may be established, as well as requirement to complete education or to obtain employment with help of the commission on protection of the rights of minors may be specified.

Footnote. Article 70 as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 71. Limitation periods

Limitation periods provided by Article 62 of this Code, upon release of minors from administrative liability or fulfillment of administrative sanction shall be reduced by half.

Article 72. Term within which the minors is considered as subjected to administrative sanction

Minor on which the administrative sanction is imposed for administrative infraction shall be considered as subjected to this sanction within six months from the date of completion of execution of a decree on imposition of administrative sanction.

SPECIAL PART
Chapter 10. ADMINISTRATIVE INFRACTIONS INFRINGING ON
PERSONAL RIGHTS

Article 73. Illegal actions in the scope of family relations

1. Abusive language, offensive annoyance, degrading, damage of domestic goods and other actions expressing disrespect to the persons being in family relations with an offender, violating their calm committed in an individual resident house, flat or another dwelling place, if these actions do not contain signs of criminally punishable act shall, –

entail a warning or administrative arrest for a term up to five days.

2. The actions provided by a part one of this Article, committed repeatedly second time second time within a year after imposition of administrative sanction, shall, –

entail administrative arrest for a term up to ten days.

3. The actions provided by a part two of this Article, committed by persons to whom the administrative arrest in accordance with a part two of Article 50 of this Code is not applied shall, –

entail a fine in amount of five monthly calculation indices.

Note. Family relations for the purposes of this Code shall be understood as relations between spouses, former spouses, persons residing or that resided jointly, close relatives, persons having common child (children).

Footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 292-VІ (order of enforcement see Article 2).

Article 73-1. Intentional infliction of slight damage to health

1. Intentional infliction of slight damage to health, resulting in a short-term health disorder or a minor persistent loss of general working capacity shall, -

entail a fine in amount of fifteen monthly calculation indices or an administrative arrest for a period up to fifteen days.

1-1. The actions provided by part one of this Article, committed in respect to a person who is in family and domestic relations with the offender, -

entail a warning or administrative arrest for a term up to fifteen days.

2. The actions provided by parts one and (or) 1-1 of this Article, committed repeatedly within a year after the imposition of an administrative sanction -

entail an administrative arrest for a term up to twenty days.

3. The actions, provided by part two of this Article, committed by persons to whom an administrative arrest in accordance with part two of Article 50 of this Code does not apply, shall, –

entail a fine in amount of forty monthly calculation indices.

Footnote. Chapter 10 is supplemented by Article 73-1 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2017 No. 84-VI (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 27.12.2019 No. 292-VІ (order of enforcement see Article 2).

Article 73-2. Drubbing

1. Drubbings or committing other violent actions that caused physical pain, but did not cause slight damage to health shall,-

entail a fine in amount of ten monthly calculation indices or an administrative arrest for up to ten days.

1-1. The actions provided by part one of this Article, committed in respect to a person who is in family and domestic relations with the offender, –

entail a warning or administrative arrest for a term up to ten days.

2. The actions provided by parts one and (or) 1-1 of this Article, committed repeatedly within a year after the imposition of an administrative sanction -

entail an administrative arrest for a term up to fifteen days.

3. The actions, provided by part two of this Article, committed by persons to whom administrative arrest in accordance with part two of Article 50 of this Code does not apply shall, –

entail a fine in amount of thirty monthly calculation indices.

Footnote. Chapter 10 is supplemented with Article 73-2 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2017 No. 84-VI (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 27.12.2019 No. 292-VІ (order of enforcement see Article 2).

Article 73-3. Libel

1. Libel, that is the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation, shall –

entail a fine on an individual in the amount of one hundred and sixty monthly calculation indices or administrative arrest for a period of fifteen days, on an official - a fine in the amount of five hundred and fifty monthly calculation indices or administrative arrest for a period of twenty days.

2. The same act, committed in public or with the use of mass media or telecommunications networks, shall –

entail a fine on an individual in the amount of one hundred and eighty monthly calculation indices or administrative arrest for a period of twenty days, on an official - a fine in the amount of six hundred and fifty monthly calculation indices or administrative arrest for a period of twenty-five days.

3. Acts provided for by parts 1 or 2 of this article, connected with the accusation of a person of committing a corruption, grave or especially grave crime, shall –

entail a fine on an individual in the amount of two hundred monthly calculation indices or administrative arrest for a term of twenty-five days, on an official - a fine in the amount of seven hundred and fifty monthly calculation indices or administrative arrest for a term of thirty days.

Footnote. Chapter 10 was supplemented with Article 73-3 in accordance with the Law of the Republic of Kazakhstan dated 26.06.2020 No. 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 74. Impeding to obtainment of a citizenship of the Republic of Kazakhstan

1. Illegal actions (omission) of civil servants impeding obtainment of a citizenship of the Republic of Kazakhstan by a person, shall, –

entail a fine in amount of fifteen monthly calculation indices.

2. The actions provided by a part one of this Article that committed repeatedly second time within a year after imposition of administrative sanction shall, –

entail a fine in amount of thirty monthly calculation indices.

Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 75. Liability for breach of the legislation of the Republic of Kazakhstan on languages

1. Refusal of a civil servant in acceptance of documents, references of individuals and legal entities, as well as their non-consideration in essence, reasoned by lack of knowledge of a language –

entail a notification or a penalty in amount of ten monthly calculation indices.

2. The actions provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall, –

entail a fine in amount of twenty monthly calculation indices.

3. Violation of requirements on placing requisites and visual information shall, –

entail a notification.

4. The action provided by a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall, –

entail a fine on officials, on subjects of small entrepreneurship or non-profit organizations in amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship - in amount of twenty-five monthly calculation indices.

5. Restriction of rights of individuals in a choice of a language, discrimination on language sings shall, –

entail a fine on officials in amount of ten monthly calculation indices.

6. The actions provided by a part five of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall, –

entail a fine in amount of twenty monthly calculation indices.

Footnote. Article 75 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 76. Restriction of the right to free movement and choice of a residence place

1.An action (inaction) of officials, restricting the right of individuals to freedom of movement and choice of a residence place (with the exception of border zones, forbidden zones at arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan at arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan and separate locations in which restrictions may be imposed by the Government of the Republic of Kazakhstan, if this action (inaction) does not contain signs of a criminal offense shall, –

entail a fine in amount of fifteen monthly calculation indices.

2. An action (inaction), provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty shall, –

entail a fine of thirty monthly calculation indices.

Footnote. Article 76 is in the wording of the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 77. Impeding of legal activity of public associations, charitable organizations

Footnote. Title of Article 77 as amended by the Law of the Republic of Kazakhstan dated 16.11.2015 No. 403-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Impeding of legal activity of public associations, as well as charitable organizations by an official, using his/her official position, as well as interference in legal activities of these associations, committed by an official using his/her official position, which resulted in violation of their rights and legitimate interests, –

entail a fine in amount of two hundred fifty monthly calculation indices.

Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 16.11.2015 No. 403-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 78. Refusal in representation of information to an individual

1.Illegal refusal to present documents, materials directly related to the rights and freedoms of an individual, collected in accordance with the established procedure, or providing an individual with incomplete or knowingly false information shall-

entail a fine on officials in amount of fifteen monthly calculation indices.

2. Commission of actions provided by a part one of this Article by a civil servant, if these actions inflicted harm to rights and legal interests of individuals shall, –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 78 as amended by the laws of the Republic of Kazakhstan dated 16.11.2015 No. 404-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 79. Breach of the legislation of the Republic of Kazakhstan on personal data and their protection

1. Illegal collection and (or) processing of personal data, if these actions do not contain any signs of a criminal offense shall, -

entail a fine on individuals in the amount of ten, on officials, private notaries, private enforcement agents, advocates, subjects of small entrepreneurship or non-profit organization – in the amount of twenty, on subjects of medium entrepreneurship – in the amount of thirty, on subjects of large entrepreneurship – in the amount of seventy monthly calculation indices.

2.The same actions, committed by the owner, operator or a third person using his/her official position, if these actions do not entail criminal liability established by law –

entail a fine on individuals in the amount of fifty, on officials, subjects of small entrepreneurship or non-profit organization – in the amount of seventy-five, on subjects of medium entrepreneurship – in the amount of one hundred, on subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

3. Non-compliance with measures to protect personal data by a proprietor, operator or the third party, if this act does not contain any signs of a criminal offense shall, –

entail a fine on individuals in amount of fifty, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

4.An action, provided by part three of this Article, which resulted in loss, illegal collection and (or) processing of personal data, if these actions do not entail criminal liability, established by law shall, –

entail a fine on individuals in amount of two hundred, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of five hundred, on subjects of medium entrepreneurship - in amount of seven hundred, on subjects of large entrepreneurship - in amount of one thousand of monthly calculation indices.

Footnote. Article 79 as amended by the laws of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (shall be enforced from 01.01.2016); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.06.2020 No. 347-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 80. Non-compliance with order, standards and substandard rendering of medical assistance

1. Is excluded by the Law of the Republic of Kazakhstan No. 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
2. Is excluded by the Law of the Republic of Kazakhstan No. 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

2-1. Gross violations of the standards of the organization of medical care, the rules for the provision of medical care, if these actions do not contain signs of a criminally punishable act, shall –

entail a fine on individuals in the amount of ten, on officials – in the amount of twenty-five, on subjects of small entrepreneurship and non-profit organizations – in the amount of thirty-five, on subjects of medium entrepreneurship – in the amount of fifty, on subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

2-2. The acts provided for by part 2-1 of this Article, committed repeatedly within a year after the imposition of an administrative penalty, shall –

entail a fine on individuals in the amount of fifteen, on officials in the amount of thirty monthly calculation indices with the deprivation of a certificate of a specialist in the field of healthcare or a certificate of a manager in the field of healthcare, on subjects of small entrepreneurship and non-profit organizations - in the amount of forty, on subjects of medium entrepreneurship - in the amount of sixty, on subjects of large entrepreneurship - in the amount of eighty-five monthly calculation indices, with deprivation licenses or attachments to a license.

3. Non-compliance with order, standards of rendering of medical assistance, non-fulfillment or improper fulfillment of professional obligations by a medical worker due to careless or unfair relation to them, if this entailed to infliction of light harm to health shall, -

entail a fine on individuals in amount of twenty, on officials - in amount of forty, on subjects of small entrepreneurship and non-profit organizations - in amount of fifty, on subjects of medium entrepreneurship- in amount of seventy five, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices .

4. Acts provided by a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall, -

shall entail a fine on individuals in amount of forty, on officials - in amount of eighty, on subjects of small entrepreneurship and non-profit organizations - in amount of hundred, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices

Footnote. Article 80 as amended by the Law of the Republic of Kazakhstan No. 127-VI dated 28.12.2017 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 80-1. Impeding the legitimate activities of medical and (or) pharmaceutical workers

1. Impeding the performance of professional activities of medical and (or) pharmaceutical workers, as well as illegal interference in their professional activities, expressed in:

1) demanding the commission of illegal actions that do not entail criminal liability;

2) involvement of medical and (or) pharmaceutical workers in types of work not related to their professional duties, with the exception of cases provided for by the laws of the Republic of Kazakhstan;

3) requesting from medical and (or) pharmaceutical workers reporting or information not provided for by the legislation of the Republic of Kazakhstan;

4) imposing on medical and (or) pharmaceutical workers the obligation to purchase goods (works) and services not provided for by the legislation of the Republic of Kazakhstan, shall –

entail a fine on шindividuals in the amount of thirty, on officials – in the amount fifty, on legal entities – in the amount of one hundred monthly calculation indices.

2. Display of disrespect for medical and (or) pharmaceutical workers in the performance of their duties, expressed in obscene language, demonstration of indecent gestures (signs) and objects, including using the media or telecommunications networks, obscene behavior, offensive harassment, shall –

entail a fine on individuals in the amount of thirty monthly calculation indices or an administrative arrest for the period of up to ten days.

3. Actions provided for by part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty, shall –

entail a fine on individuals in the amount of fifty, on officials - in the amount of seventy, on legal entities – in the amount of one hundred and fifty monthly calculation indices.

4. Actions provided for in part two of this Article, committed repeatedly within a year after the imposition of an administrative penalty, shall –

entail an administrative arrest for the period of up to fifteen days.

5. Actions provided for by part four of this article, committed by persons to whom administrative arrest in accordance with part two of Article 50 of this Code does not apply, shall –

entail a fine in the amount of seventy monthly calculation indices.

Footnote. Chapter 10 was supplemented with Article 80-1 in accordance with the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 81. Violation of the rules of issuing a note or certificate on temporary incapacity for work by a medical worker

1. Violation of the rules of issuing a note or certificate on temporary incapacity for work by a medical worker shall, -

entail a notification or a fine on individuals in amount of five, on officials - in amount of ten monthly calculation indices.

2. The same act committed repeatedly second time second time within a year after imposition of administrative sanction shall, -

entail a fine on individuals in the amount of ten monthly calculation indices with or without deprivation of a certificate of a specialist in the field of healthcare, on officials - in the amount of twenty monthly calculation indices.

Footnote. Article 81 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 82. Violation of the rules of selling medical products and requirements for writing prescriptions established by the legislation of the Republic of Kazakhstan by a medical worker

1. Violation of the rules of selling medical products and requirements for writing prescriptions established by the legislation of the Republic of Kazakhstan by a medical worker shall, -

entail a fine on individuals in amount of five, on civil servants – in amount of ten monthly calculation indices.

2. The same act committed repeatedly second time second time within a year after imposition of administrative sanction shall, –

entail a fine on individuals in the amount of ten monthly calculation indices with deprivation of a specialist certificate or without such, on officials – in the amount of twenty monthly calculation indices.

Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 82-1. Breach of the legislation of the Republic of Kazakhstan on minimal social standards and their guarantees

1. Breach of the legislation of the Republic of Kazakhstan on minimal social standards and their guarantees being expressed in non-fulfillment and (or) failure to ensure minimal social standards, with the exception of cases provided by Articles 83, 84, 87, 89 and 91 of this Code shall, –

entail a fine on civil servants in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall, –

entail a fine on civil servants in amount of forty, on subjects of small entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation indices.

Footnote. Chapter 10 is supplemented by Article 82-1 in accordance with the Law of the Republic of Kazakhstan dated 19.05.2005 No. 315-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 83. Violation of legislation of the Republic of Kazakhstan on social protection of persons with disabilities

1. Violation of the legislation of the Republic of Kazakhstan on social protection of persons with disabilities committed in the form of:

1) failure to provide persons with disabilities with access to social and transport infrastructure facilities;

2) failure to provide conditions for access of persons with disabilities to cultural and entertainment events;

3) non–compliance by the employer with obligations in the field of vocational rehabilitation of persons with disabilities from labor injury and (or) occupational disease caused by the employer –

entail a fine on civil servants in amount of fifty, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

2. Action (inaction) provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction shall, –

entail a fine on civil servants in amount of eighty, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of six hundred monthly calculation indices.

3. Failure to provide persons with disabilities with types of social rehabilitation in accordance with the individual program of habilitation and rehabilitation of persons with disabilities –

entail a fine on officials in amount of twenty monthly calculation indices.

Footnote. Article 83 is in the wording of the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); amended by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced upon expiration of sixty calendar days after the date of its first official publication).

Article 84. Breach of the legislation of the Republic of Kazakhstan on special social services

1. Breach of the legislation of the Republic of Kazakhstan on special social services committed in the form of:

1) violation of established terms for conducting assessment and determination of a need in rendering of special social services, issuance of decision on rendering of a guaranteed range of special social services;

2) failure to execute a decision on rendering of a guaranteed range of special social services shall,-

entail a fine on civil servants in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall,-

entail a fine on civil servants in amount of thirty, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly calculation indices.

Article 85. Divulgence of details by participants of mediation became known in the course of mediation

1. Divulgence of details by participants of mediation became known in the course of mediation without permission of a party that represented this information, if this action does not contain signs of criminally punishable act shall entail a fine in amount of twenty monthly calculation indices.

2. Action (omission) provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall entail a fine in amount of sixty monthly calculation indices.

Article 86. Admission to work of a person without concluding of an employment contract

1. The employer's admission to work of a person without concluding of an employment contract shall, –

entail a fine on officials in amount of thirty, on subjects of small entrepreneurship or non-profit organizations - in amount of sixty, on subjects of medium entrepreneurship - in amount of eighty, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

2. An action (inaction), provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty shall, –

entail a fine on officials in amount of sixty, on subjects of small entrepreneurship or non-profit organizations - in amount of eighty, on subjects of medium entrepreneurship - in amount of one hundred, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

3. An action (inaction), provided by part one of this Article, committed against minors shall, –

entail a fine on officials in amount of fifty, on subjects of small entrepreneurship or non-profit organizations - in amount of eighty, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

4. An action (inaction), provided by part three of this Article, committed repeatedly within a year after imposing an administrative penalty shall, –

entail a fine on officials in amount of seventy, on subjects of small entrepreneurship or non-profit organizations - in amount of one hundred and fifty, on subjects of medium entrepreneurship - in amount of two hundred, on subjects of large entrepreneurship - in amount of three hundred monthly calculation indices.

Footnote. Article 86 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2015 No. 415-V (shall be enforced from 01.01.2016); as amended by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 87. Violation of requirements for remuneration of labor

1. Non-payment of wages in full and within the terms, established by labor legislation of the Republic of Kazakhstan by the employer, as well as the non-charging and non-payment of surcharges for the period of payment delay due to the fault of the employer shall, -

entail a fine on officials in amount of thirty, on subjects of small entrepreneurship or non-profit organizations - in amount of sixty, on subjects of medium entrepreneurship - in amount of one hundred, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

2. The actions, provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty shall, –

entail a fine on officials in amount of sixty, on subjects of small entrepreneurship or non-profit organizations - in amount of eighty, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

3.Violation of requirements of labor legislation of the Republic of Kazakhstan for the payment of overtime work, work on holidays and weekends, as well as work payment at night time shall, -

entail a fine on officials in amount of thirty, on subjects of small entrepreneurship or non-profit organizations - in amount of sixty, on subjects of medium entrepreneurship - in amount of eighty, on subjects of large entrepreneurship - in amount of one hundred and twenty monthly calculation indices.

4. The actions, provided by part three of this Article, committed repeatedly within a year after imposing an administrative penalty, shall,-

entail a fine on officials in amount of sixty, on subjects of small entrepreneurship or non-profit organizations - in amount of eighty, on subjects of medium entrepreneurship - in amount of one hundred, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

Footnote. Article 87 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2015 No. 415-V (shall be enforced from 01.01.2016); as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 88. Failure to grant leaves

Failure to pay a paid annual leave or its part for two consecutive years by the employer –

entail a fine on civil servants in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 88 as amended by the Law of the Republic of Kazakhstan dated 23. 11. 2015 No. 415-V (shall be enforced from 01.01.2016).

Article 89. Illegal excess of standard working time

1. Illegal excess of standard and reduced length of working time and daily work (work shift) by an employer or a receiving party provided for by the labour legislation of the Republic of Kazakhstan, –

shall entail a notification.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall entail a fine on civil servants in amount of forty, on subjects of small entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship

– in amount of one hundred twenty monthly calculation indices.

Footnote. Article 89 as amended by the Law of the Republic of Kazakhstan dated 02.07.2021 No. 63-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

Article 90. Admission of discrimination in the scope of labor

1. Admission by the employer of discrimination in the sphere of labor, expressed in violation of the employee's right to equal pay for equal work, as well as to equal working and living conditions, including when performing work under a contract for the provision of services on providing personnel, shall –

shall entail a fine on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall entail a fine on civil servants, subjects of small entrepreneurship or non-profit organizations in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation indices.

3. Placement of information on vacancies for employment containing requirements of a discriminatory character in the scope of labour by employment centre, private employment agency, as well as employer, –

shall entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

4. The action provided by a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall entail a fine on individuals in amount of thirty, on subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan No. 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.07.2021 No. 63-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

Article 91. Violation of the legislation of the Republic of Kazakhstan on pensions, as well as failure to fulfill obligations to pay state benefits

Footnote. Title of Article 91 is in the wording of the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1.Violation of the terms and (or) procedure, and (or) conditions for implementation of pension payments, transfers, as well as the procedure for concluding pension insurance agreements through voluntary pension funds, established by the legislation of the Republic of Kazakhstan on pension provision by a single accumulative pension fund (voluntary accumulative pension fund) contributions -

entail a fine on legal entities in amount of four hundred monthly calculation indices.

Paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2024).

2. Non-submission, untimely submission of information by a single accumulative pension fund of the State Corporation "The Government for Citizens" on depositors who have acceded to the contract on pension provision due to compulsory pension contributions, mandatory professional pension contributions, as well as submission of false information about these depositors –

entail a fine on legal entities in amount of one hundred monthly calculation indices.

3. Acts provided by a part two of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall

entail a fine on legal entities in amount of two hundred monthly calculation indices.

4. Non-fulfillment of the obligations on payment of pensions and state benefits in full and (or) the established terms by officials of the State corporation "Government for Citizens" shall –

entail a fine on officials in amount of thirty monthly calculation indices.

5. Consummation of transactions and operations in breach of the legislation of the Republic of Kazakhstan on pension benefits by an integrative accumulative pension fund or voluntary accumulative pension fund shall

entail a fine on legal entities – in amount of four hundred monthly calculation indices.

6. Non-fulfillment or improper fulfillment of obligations by an individual, individual entrepreneur, private notary officer, private officer of justice, attorney for defence, legal entity provided by the legislation of the Republic of Kazakhstan on pension benefits committed in the form of:

Subparagraph 1) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

1) non-presentation of the lists of contributors of an integrative accumulative pension fund to the state revenue body in favor of whom the debts on compulsory pension contributions, compulsory professional pension contributions are recovered;

Subparagraph 2) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

2) non-presentation of the settlements on calculated, dedicated (accrued) and transferred sums of compulsory pension contributions, compulsory professional pension contributions to the state revenue bodies in terms established by the legislation of the Republic of Kazakhstan on pension benefits;

Subparagraph 3) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

3) non-keeping of primary accounting of calculated, dedicated (accrued) and transferred compulsory pension contributions, compulsory professional pension contributions on each worker in accordance with the manner established by the legislation of the Republic of Kazakhstan;

Subparagraph 4) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

4) non-presentation of details to contributors on calculated, dedicated (accrued) and transferred compulsory pension contributions, compulsory professional pension contributions in terms established by the legislation of the Republic of Kazakhstan on pension benefits;

provided for by subparagraph

Paragraph 6 is supplemented with Subparagraph 4-1) in accordance with the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).
Subparagraph 5) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

5) non-transfer, untimely and (or) incomplete calculation, dedication (accrual) and (or) payment (transfer) of compulsory pension contributions, compulsory professional pension contributions in an integrative accumulative pension fund;

6) non-termination of all debit operations on cash register by order of the state revenue bodies in cases provided by the legislation of the Republic of Kazakhstan on pension benefits shall entail notification.

7. The act provided by a part six of this Article committed repeatedly second time second time within a year after imposition of administrative sanction

Sub-paragraph two of Paragraph 7 is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

shall entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of a sum of non-transferred, untimely and (or) incompletely calculated, dedicated (accrued) and (or) paid (transferred) compulsory pension contributions, compulsory professional pension contributions.

8. Non-fulfillment of obligations established by the legislation of the Republic of Kazakhstan on pension benefits by banks and organizations carrying out separate types of banking operations, committed in the form of:

1) failure to suspend debit operations on banking accounts of agents – legal entities or individual entrepreneurs, private notary officers, judicial enforcement agent and attorney for defence by order of the state revenue bodies in cases and in the manner provided by the legislation of the Republic of Kazakhstan on pension benefits;

Subparagraph 2) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

2) non-transfer (non-enumeration), untimely transfer (later than the day when transactions were made to debit money from bank accounts or the next day of cash payment to a bank or an organization that carries out certain types of banking operations) or making mistakes in filling in the details of a payment document through the fault of the bank or organization, carrying out certain types of banking operations, when transferring to the State Corporation "Government for Citizens" the sum of compulsory pension contributions, mandatory professional pension contributions and surcharges;

Subparagraph 3) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

3) failure to execute collection orders of the state revenue bodies on recovery of the sums of compulsory pension contributions, compulsory professional pension contributions and late fees in the manner established by the legislation of the Republic of Kazakhstan, shall entail a fine in amount of five percent of the sum of committed debit operations on banking accounts of agents for the period of non-fulfillment of obligations established by the legislation of the Republic of Kazakhstan on pension benefits.

9. Announcement or publication of advertisement by an integrative accumulative pension fund or voluntary pension fund in mass media that does not conform to actuality for a date of publication shall -

entail a fine on legal entities in amount of two hundred monthly calculation indices.

10. Non-conformance of investment declaration of a voluntary accumulative pension fund to requirements provided by the legislation of the Republic of Kazakhstan on pension benefits, to its content shall -

entail a fine on legal entities in amount of one hundred monthly calculation indices.

11. Non-presentation, and equally repeatedly second time second time (two and more times within twelve sequent calendar months) untimely representation of details or another requested information by an integrative accumulative pension fund or voluntary accumulative pension fund, founders (shareholders) of voluntary accumulative pension fund and (or) its affiliated persons shall entail a fine on individuals in amount of one hundred, on legal entities – in amount of two hundred monthly calculation indices.

12. Representation of inaccurate, and equally incomplete reporting, details or another requested information by an integrative accumulative pension fund or voluntary accumulative pension fund, founders (shareholders) of voluntary accumulative pension fund and (or) its affiliated persons, shall -

entail a fine on individuals in amount of one hundred, on legal entities – in amount of two hundred monthly calculation indices.

The note is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

Note. For the purpose of parts six and seven of this Article, the person shall not be subject to bringing to administrative liability in case if a sum of non-transferred, untimely and (or) incompletely calculated, dedicated (accrued) and (or) paid (transferred) compulsory pension contributions, compulsory professional pension contributions is less than one monthly calculation index established in accordance with the Law being in force as on the date of detection of administrative infraction.

Footnote. Article 91 as amended by the laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 92. Breach of the legislation of the Republic of Kazakhstan on compulsory social insurance

1. Non-fulfillment or improper performance of the requirements, established by the legislation of the Republic of Kazakhstan on compulsory social insurance by officials, committed in the form of:

1) violation of the established terms and completeness of the amount of designated social payments by the state social insurance fund;

2) violation of the established terms and completeness of the amount of payment of social payments by the State corporation "Government for Citizens", -

entail a fine on civil servants in amount of thirty monthly calculation indices.

2. Non-fulfillment or improper fulfillment of obligations provided by the legislation of the Republic of Kazakhstan on compulsory social insurance by a payer of social expenditures, committed in the form of:

1) failure to represent the lists of participants of the system of compulsory social insurance to the state revenue authority in favor of that the debt on social contributions shall be collected;

2) failure to pay (failure to transfer), untimely and (or) incomplete payment (accrual) of social expenditures;

3) failure to terminate all debit operations on cash register by order of the state revenue bodies in cases provided by the legislation of the Republic of Kazakhstan on compulsory social insurance shall entail a notification, -

entail a notification.

3. Acts provided by a part two of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall, –

entail a fine on private notary officers, judicial enforcement agent, attorney for defence, subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of a sum of non-paid (non-transferred), untimely and (or) incompletely paid (transferred) social expenditures.

4. Non-fulfillment of obligations by banks and organizations carrying out separate types of banking operations, established by the legislation of the Republic of Kazakhstan on compulsory social insurance, committed in the form of:

1) failure to terminate all debit operations on banking accounts of a payer of social expenditures by order of the state revenue bodies in cases provided by the legislation of the Republic of Kazakhstan on compulsory social insurance;

2) non-transfer (non-enumeration), untimely transfer (later than the day when transactions were made to debit money from bank accounts or the next day of cash payment to a bank or an organization that carries out certain types of banking operations) or making mistakes in filling in details of the payment document through the fault of the bank or organization, carrying out certain types of banking operations, when transferring to the State corporation "Government for Citizens" the sum of social deductions and surcharges;

3) failure to execute collection orders of the state revenue bodies on recovery of the sums of compulsory social expenditures and late fees in the manner established by the legislation of the Republic of Kazakhstan, shall entail a fine in amount of five percent of the sum of committed debit operations on banking accounts of payers for the period of non-fulfillment of obligations established by the legislation of the Republic of Kazakhstan on compulsory social insurance.

Note. For the purpose of parts two and three of this Article, the persons shall not be subject to bringing to administrative liability in case if the sum of non-paid (non-transferred), untimely and (or) incompletely paid (transferred) social expenditures does not exceed amount of one monthly calculation index established in accordance with the Law being in force on a date of detection of administrative infraction.

Footnote. Article 92 as amended by the laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 287-VІ (shall be enforced from 01.01.2020).

Article 92-1. Violation of the legislation of the Republic of Kazakhstan on compulsory social health insurance

1. Non-fulfillment or improper performance of deductions and (or) contributions to compulsory social health insurance and obligations provided by the legislation of the Republic of Kazakhstan on compulsory social health insurance by the payer, committed in the form of:

1) failure to submit lists of payers of deductions and (or) contributions to compulsory social health insurance to the state revenue authorities;

2) non-payment (non-transfer), untimely and (or) incomplete payment (untimely and (or) incomplete transfer) of deductions and (or) contributions to compulsory social health insurance by employers, individual entrepreneurs, private notaries, private bailiffs, lawyers, professional mediators shall-

entail a notification.

2. The actions, provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on private notaries, private bailiffs, lawyers, professional mediators, subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of a sum of unpaid (non-transferred) untimely and (or) incompletely paid (transferred) deductions and (or) contributions to compulsory social health insurance.

3. Failure to perform the duties, established by the legislation of the Republic of Kazakhstan on compulsory social health insurance by banks and organizations, carrying out certain types of banking operations, committed in the form of:

1) non-stop of all spending operations on the bank accounts of the payer of social contributions on the orders of the state revenue bodies in cases provided by the legislation of the Republic of Kazakhstan on compulsory social health insurance;

2) non-fulfillment in the manner, established by the legislation of the Republic of Kazakhstan, of collection orders of state revenue bodies to collect the sums of deductions and (or) contributions to compulsory social health insurance and surcharges, shall entail a fine in amount of five percent of the sum of performed expenditure transactions on bank accounts of payers for the period of duties non-fulfillment, established by the legislation of the Republic of Kazakhstan on compulsory social health insurance.

Note. For the purposes of parts one and two of this Article, a person shall not be subject to administrative liability in event, that the amount of unpaid (non-transferred), untimely and (or) incompletely paid (transferred) deductions and (or) contributions to compulsory social health insurance does not exceed the size of one monthly calculation index, established in accordance with the law in force at the date of an administrative offense detection.

Footnote. Chapter 10 is supplemented with Article 92-1 in accordance with the Law of the Republic of Kazakhstan dated 16.11.2015 No. 406-V (shall be enforced from 01.07.2017).

Article 93. Violation of the rules of safety ensuring and labour protection

1. Absence of safety service (specialist) and labour protection in production organizations in accordance with requirement of the labour legislation of the Republic of Kazakhstan shall entail a notification.

2. Violation of requirements by an employer on conduct of compulsory and periodical medical inspections and pre-shift medical certification of workers in accordance with requirements of the labour legislation of the Republic of Kazakhstan shall entail a notification.

3. Failure to supply medicinal and prophylactic food to workers by means of individual and collective protection in accordance with requirement of the labour legislation of the Republic of Kazakhstan shall entail a notification.

4. Failure to perform the requirements of the labour legislation of the Republic of Kazakhstan by an employer on conducting training, examinations of knowledge on safety and labor protection issues of employees, managers and persons responsible for ensuring labor safety and protection, -

shall entail a notification.

5. Actions, provided by parts 1, 2, 3, 4 of this Article, committed repeatedly within a year after the notification, shall-

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred and twenty monthly calculation indices.

6. Failure to perform the requirements of the labour legislation of the Republic of Kazakhstan by an employer on conduct of instructing (except for introductory briefing) and absence of documents on safety and protection of work shall entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of eighty monthly calculation indices.

7. Acts provided by a part six of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation indices.

Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 94. Violation of requirements of the legislation on conduct of attestation of production facilities on labour conditions

Violation of requirements of the legislation on carrying out of attestation of industrial objects on a state of labor conditions, established by the labor legislation of the Republic of Kazakhstan by the employer shall-

entail a notification or a fine on subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty-five, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

2. Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 94 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 95. Failure to investigate accidents related to work activities

Footnote. Title of Article 95 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2015 No. 415-V (shall be enforced from 01.01.2016).

1. Non-ensuring of investigation of industrial accidents in accordance with a requirement of the labour legislation of the Republic of Kazakhstan shall -

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of thirty-five, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred and forty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall -

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of seventy, on subjects of medium entrepreneurship – in amount of one hundred and forty, on subjects of large entrepreneurship – in amount of two hundred and eighty monthly calculation indices.

Footnote. Article 95 as amended by the laws of the Republic of Kazakhstan dated 23.11.2015 No. 415-V (shall be enforced from 01.01.2016); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 96. Non-reporting the fact of an accident related to work activity

Footnote. Heading of Article 96 is in the wording of the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

1. Non-reporting the fact of an accident related to work activity, –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of seventy, on subjects of medium entrepreneurship – in amount of one hundred and five, on subjects of large entrepreneurship – in amount of one hundred and forty monthly calculation indices.

2. Action (omission) provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall -

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of one hundred and forty, subjects of medium entrepreneurship - in amount of two hundred and ten, on subjects of large entrepreneurship – in amount of two hundred and eighty monthly calculation indices.

Footnote. Article 96 as amended by the laws of the Republic of Kazakhstan dated 23.11.2015 No. 415-V (shall be enforced from 01.01.2016); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 97. Violation of requirements of the legislation on conclusion of a collective contract, agreement

1. Evasion from participation in negotiations on concluding, amending or supplementing a collective contract, agreement or violation of the terms of holding the mentioned negotiations, failure to ensure the work of the relevant commission within the terms specified by the parties, shall-

entail a fine on persons authorized to conduct negotiations in amount of four hundred monthly calculation indices.

2. Unreasonable refusal to conclude a collective contract, agreement, shall –

entail a fine on persons authorized to conclude a collective contract, agreement, in amount of four hundred monthly calculation indices.

3. Non-fulfillment or violation of obligation under a collective contract, agreement, shall-

entail a fine on persons, being guilty in non-fulfilling the obligations under a collective contract, agreement, in amount of four hundred monthly calculation indices.

4. Non-presentation of information necessary for holding of collective negotiations and carrying out control on implementation of collective contracts, agreements, shall –

entail a fine on persons, being guilty in non-presentation of information, in amount of eighty monthly calculation indices.

Footnote. Article 97 as amended by the Law of the Republic of Kazakhstan dated 23.11.2015 No. 415-V (shall be enforced from 01.01.2016).

Article 98. Breach of the legislation of the Republic of Kazakhstan on employment of population

1. Breach of the legislation of the Republic of Kazakhstan on employment of population by an employer committed in the form of:

1) failure to provide the employment center, in full and (or) within the established time limits, information on the upcoming release of employees in connection with the liquidation of the employer - a legal entity or the termination of the employer - an individual, a reduction in the number or staff, a decrease in the volume of production and work and services performed, resulting in deterioration in the economic condition of the employer;

2) failure to submit, untimely submission to the employment center of information on existence of vacant positions;

3) failure to represent, untimely notifying on acceptance for work or refusal in acceptance for work;

4) non-fulfillment of the established quota of jobs for disabled, persons, registered with probation service, as well as persons released from places of deprivation of liberty, and citizens from the youth, who have lost or remained without adult care, who are graduates of educational organizations;

5) Is excluded by the Law of the Republic of Kazakhstan No. 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication);

entail a notification.

2. Action (omission) provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall -

entail a fine on officials, subjects of small entrepreneurship or non-profit organizations in amount of five, on subjects of medium entrepreneurship – in amount of seven, on subjects of large entrepreneurship - in amount of ten monthly calculation indices.

3. Failure to conclude a contract by an employment agency with a person that referred for rendering of services on labour mediation shall –

entail a notification.

4. An action (inaction), provided by part three of this Article, committed repeatedly within a year after imposing an administrative sanction, shall –

entail a fine in amount of ten monthly calculation indices.

5. Non-presentation of primary statistical data by private employment agencies, as well as employers who have received authorization for employment of foreign national or who have foreign workers who have received employment authorization, –

entail a notification.

6. An action (inaction) provided by part five of this Article, committed repeatedly within a year after imposing an administrative sanction, shall -

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 98 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 No. 483-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.05.2020 No. 327-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 99. Breach of the legislation of the Republic of Kazakhstan on state service

1. Violation of a procedure for competitive selection for taking a vacant administrative state position shall -

entail a fine on officials in amount of fifteen monthly calculation indices.

2. Illegal dismissal of persons from administrative state positions shall –

entail a fine on officials in amount of thirty monthly calculation indices.

Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 100. Reversion of a claim to the damage of an individual or legal entity filed by him (her) (it)

Reversion of a claim to the damage of an individual or legal entity that filed reasonable claim or in the interest of whom it was filed, shall –

entail a fine on civil servants in amount of ten monthly calculation indices.

Chapter 11. ADMINISTRATIVE INFRACTIONS INFRINGING
ON ELECTORAL RIGHTS (RIGHT TO PARITIPATE IN
REPUBLICAN REFERENDUM)

Article 101. Non-presentation of details and materials to electoral commission (commission of republican referendum) by civil servants or non-execution of commission’s decisions

Non-presentation of details and materials to electoral commission (commission of republican referendum) by civil servants on existence or absence of outstanding or unexpunged conviction of a candidate in the manner established by the Law; on a guilt in commission of corruption crime and infarction of a candidate recognized by a court in the manner established by the Law; on a citizenship of a candidate; on credibility of details on incomes and property declared by a candidate or his (her) wife (husband); on lists of electorates on each electoral district or non-execution of the commission’s decision by them being adopted within its competition, shall

entail a fine in amount of twenty monthly calculation indices.

Article 102. Conduct of pre-election campaigning during its prohibition

Conduct of pre-election campaigning before completion of the term of registration of a candidate, party list on a date of elections or a date preceding it, as well as conduct of campaigning on a date of conducting republican referendum or a date preceding it, shall entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of thirty five monthly calculation indices.

Article 103. Impeding the right to carry on pre-election campaigning

Impeding to candidates for presidency, deputies or for other elective positions, their authorized representatives, policy parties in the process of exercising the right to carry on pre-election campaigning shall entail a fine on individuals in amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Article 104. Distribution of knowingly false information on candidates, policy parties

Distribution of knowingly false information on candidates, policy parties or commission of other actions discrediting their honor, dignity and business reputation for the purpose of influence on electoral outcome shall entail a fine on individuals in amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Article 105. Violation of rights of a member of electoral commission (commission of republican referendum)

Violation of the rights of a member of electoral commission (commission of republican referendum) to act at a session of electoral commission, make proposals on the issues included to the competence of the relevant electoral commission, and require conduct of voting on them, familiarize with documents and materials of electoral commission to which he (she) belongs, receive their certified copies, carry out inspection of activity of inferior electoral commission shall entail a fine in amount of thirty five monthly calculation indices.

Article 106. Violation of the right of a citizen to familiarize with a list of electorates

Violation of the right of a citizen to familiarize with a list of electorates (electors, list of persons having the right to participate in republican referendum) or failure to consider an application to electoral commission on a date of receipt, or refusal to issue a copy of a decision to the citizen in written form with exposure of motives for dismissing the application on applying corrections into the list of electorates (electors, list of persons having the right to participate in republican referendum), or non-execution of the court decision on correction of the list of electorates (electors, list of persons having the right to participate in republican referendum) without delay shall -

entail a notification or a fine in amount of thirty monthly calculation indices.

Footnote. Article 106 as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 107. Representation of false details on electorates for drawing lists of electorates (citizens having the right to participate in republican referendum)

1. Representation of false details on electorates (citizens having the right to participate in republican referendum) by civil servants to local executive bodies for drawing the lists of electorates (citizens having the right to participate in referendum) shall entail a fine in amount of twenty five monthly calculation indices.

2. Representation of false lists of electorates (citizens having the right to participate in republican referendum) by civil servants of local executive bodies to the relevant electoral commission shall entail a fine in amount of thirty monthly calculation indices.

Article 108. Violation of requirement on equal electoral right

Violation of requirement on equal electoral right by voting two and more times or for another electorate shall entail a fine in amount of twenty five monthly calculation indices.

Article 109. Carrying out of activity by foreign persons, stateless persons, foreign legal entities and international organizations impeding and (or) promoting nomination and election of candidates, policy parties that nominated party list, achievement of certain results at elections

Carrying out of activity by foreign persons, stateless persons, foreign legal entities and international organizations impeding and (or) promoting nomination and election of candidates, policy parties that nominated party list, achievement of certain results at elections shall entail a fine on individuals in amount of thirty monthly calculation indices with administrative expulsion beyond the borders of the Republic of Kazakhstan or without such, on legal entities – in amount of one thousand monthly calculation indices.

Article 110. Issuance of voting bulletins (bulletins for voting) to citizens for the purpose of provision of a possibility to vote for other persons

Issuance of voting bulletins (bulletins for voting) by a member of electoral commission (commission of republican referendum) to citizens for the purpose of provision of a possibility to vote for other persons shall entail a fine in amount of twenty five monthly calculation indices.

Article 111. Refusal of an employer in provision of a leave for participation in elections (republican referendum)

Refusal of an employer to provide a leave provided by the legislative acts to registered candidate for deputies or for another elective position or to a member of electoral commission for participation in preparation and conduct of elections in bodies of state power, management and in bodies of local self-government (republican referendum), shall entail a fine in amount of thirty monthly calculation indices.

Article 112. Violation of conditions for conducting election campaigning through mass media and online platforms

Footnote. The title of Article 112 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 158-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Non-objective covering of electoral campaign of candidates, policy parties by mass media that is expressed in distortion of purposes, tasks and results of pre-election actions, as well as events and facts linked with them shall entail a fine on individuals in amount of twenty, on civil servants – in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

1-1. Distribution by broadcasting entities of any propaganda materials in news, analytical programs –

entails a fine in the amount of fifty monthly calculation indices.

2. Publication by mass media, users of online platforms of campaign materials and other information knowingly discrediting the honor, dignity and business reputation of a candidate or a political party, as well as refusal to provide these persons with the opportunity to publish a refutation in defense of honor, dignity and business reputation free of charge –

shall entail a fine on individuals in amount of twenty, on civil servants – in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

3. Interrupting and commenting speeches of candidates on television and radio immediately after the speech, as well as in printed publications in a same number shall entail a fine on individuals in amount of twenty, civil servants – in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

4. Violation of requirements by means of mass media on distribution of information on events on nomination of all the candidates and party lists, their registration by electoral commissions in equal volumes of print space, broadcast time shall entail a fine on individuals in amount of twenty, civil servants – in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

5. Publication or airing of campaigning materials of candidates, policy parties participating in elections by mass media that no later than five days before election campaigning did not announce and did not publish, as well as did not represent details to the electoral commission on amount of payment, conditions and procedure for representing airing and print space, –

shall entail a fine on civil servants o amount of thirty, on legal entities in amount of fifty monthly calculation indices.

6. Refusal of mass media from allocation of a broadcast time, print space to one of candidates, policy party that nominated a party list, in case if the same mass media gave an agreement to another candidate, policy party that nominated the party list for allocation of the broadcast time, print space, shall entail a fine on civil servants in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

7. Violation of priority of the speeches of the candidates and policy parties that nominated party lists in mass media, established in the manner of receiving written references or by lot, in case, if the references were received at the same time, shall

entail a fine on civil servants in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

8. Creation of preferences to one or another candidate, policy party that nominated the party list by conditions of a contract on provision of a broadcast time, print space in mass media to candidates and policy parties that nominated the party lists -

shall entail a fine on civil servants in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

Footnote. Article 112 as amended by the Law of the Republic of Kazakhstan No. 163-VI dated 29.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 No. 158-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 113. Production or distribution of anonymous campaign materials

Production or distribution during the preparation and conduct of elections to state authorities and local self–government bodies (republican referendum) of campaign materials that do not contain information about the organizations that released these materials (for printed materials - the place of their printing and circulation), the persons who made the order, and from which funds they were paid, as well as the production of campaign materials outside the territory of the Republic of Kazakhstan, distribution of anonymous campaign materials –

shall entail a fine in amount of twenty five monthly calculation indices.

Footnote. Article 113 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 158-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 114. Intentional destruction, damage of campaign materials

Intentional destruction, damage of campaign materials of candidates for deputies or for other elective position, posted with consent of the owner or another owner on buildings, structures and other objects shall entail a fine in amount of fifteen monthly calculation indices.

Article 115. Failure to represent or publish reports on payout of funds for preparation and conduct of elections (republican referendum)

Failure to represent details by a candidate, person being elected as a deputy or for another elective position, or by a policy party on amounts of incomings (charitable gifts) to electoral funds and on sources of creation of electoral funds, as well as report on use of the funds of the electoral fund shall entail a fine on a candidate, person elected as a deputy or for another elective position, in amount of fifteen, on a legal entity – in amount of fifty five monthly calculation indices.

Article 116. Financing of electoral campaign or rendering of another material assistance besides the electoral funds

Provision of financial or other material assistance, as well as charity assistance provided by charitable organizations and associations to candidates, political parties that nominated party lists, in addition to their electoral funds, -

entail a fine on individuals in amount of twenty five, on subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Footnote. Article 116 as amended by the Law of the Republic of Kazakhstan dated 16.11.2015 No. 403-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 117. Acceptance of charitable gifts by a candidate for elective state position or by a policy party from foreign states, organizations, foreign persons and stateless persons

Acceptance of charitable gifts by a candidate for deputies or for another elective state position or by a policy party in any form from a foreign state, international organization or international public association, foreign state bodies, foreign persons and legal entities created in accordance with the legislation of another state, as well as stateless persons shall entail a fine on a candidate for deputies or for another elective position in amount of fifty, on a legal entity – in amount of one hundred monthly calculation indices, with confiscation of subjects of gifts.

Article 118. Rendering of services by individuals and legal entities to candidates, policy parties without their written agreement

Rendering of services by individuals and legal entities to candidates, policy parties due to their pre-election activity without their written agreement shall entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Article 119. Failure to represent or publish details on vote returns or on election results (republican referendum)

1. Failure to represent details on vote returns being compulsory for representation in accordance with the legislation of the Republic by a chairman of district election commission for familiarization to the authorized person of a candidate, representative of mass media, spectator shall entail a fine in amount of ten monthly calculation indices.

2. Is excluded by the Law of the Republic of Kazakhstan No. 163-VI dated 29.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

3. The act provided by a part one of this Article committed by a chairman of territorial election commission, as well as violation of the terms for publication or incomplete publication of details on vote returns at elections (republican referendum) established by the election legislation (legislation on republican referendum) shall entail a fine in amount of fifteen monthly calculation indices.

4. Acts provided by parts one and three of this Article committed by a Chairman of the Central Election Commission of the Republic of Kazakhstan shall entail a fine in amount of twenty five monthly calculation indices.

Footnote. Article 119 as amended by the Law of the Republic of Kazakhstan No. 163-VI dated 29.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 120. Breach of conditions for public opinion polling, elections related

1. Breach of the procedure for publication of results of public opinion polling, forecasts of election results, other researches elections related by mass media, and specifically non-specification of legal entity that conducted the polling, persons that ordered the polling and paid for it, polling time, method of information collection, precise question formulation, number of respondents and a rate of uncertainty on results of the polling -

shall entail a fine on individual in amount of fifteen, on legal entities – in amount of thirty monthly calculation indices.

2. Publication of results of public opinion polling, forecasts of election results, other researches elections related voting in support of candidates or political parties on the Internet in mass media within five days before voting day and on voting day, as well as conduct of public opinion polling on voting day in a premise or voting precinct-

shall entail a fine on individuals in amount of ten, on legal entities – in amount of twenty five monthly calculation indices.

3. Public opinion polling without complying with the requirements of the electoral legislation of the Republic of Kazakhstan –

shall entail a fine on individuals in amount of fifteen, on legal entities – in amount of thirty monthly calculation indices.

Footnote. Article 120 is in the wording of the Law of the Republic of Kazakhstan No. 163-VI dated 29.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 121. Making amendments into the lists of electorates (electors) after beginning of vote tabulation

Making amendments into the lists of electorates (electors) after beginning of vote tabulation shall entail a fine in amount of twenty monthly calculation indices.

Article 122. Violation of conditions of conducting pre-election campaigning

1. Conduct of pre-election campaigning by state bodies, bodies of local self-government, as well as their civil servants upon fulfillment of official obligations, military servants of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan, workers of national security bodies, law enforcement bodies, judges, members of election commissions, religious associations, as well as distribution of any campaign pre-election materials by mentioned persons shall entail a fine on individuals in amount of twenty, on civil servants – in amount of thirty monthly calculation indices.

2. Conduct of pre-election campaigning accompanied by provision of goods, services, securities to electorates without payment, as well as conducting of lotteries, charitable actions, payment of money or promise to provide such shall –

entail a fine in amount of twenty monthly calculation indices.

3. Participation of journalists, civil servants of editors of mass media registered by candidates or their authorized persons in coverage of elections through mass media shall entail a fine in amount of twenty monthly calculation indices.

Article 123. Violation of conditions of providing premises to candidates for meetings with electorates

Refusal of civil servants of local executive bodies and bodies of local self-government in provision of premises to one of the candidates, policy party that nominated the party list on a contractual basis for meetings with electorates, in case if they gave a consent to another candidate, policy party that nominated the party list shall entail a fine in amount of thirty monthly calculation indices.

Article 124. Placement of campaigning materials

Placement of campaigning materials on monuments, obelisks, buildings and structures, having historical, cultural or architectural value, as well as in a premise for voting shall entail a fine in amount of twenty five monthly calculation indices.

Article 125. Violation of procedure for expenditure of the funds allocated from republican budget for conduct of pre-election campaigning

Inappropriate expenditure of the funds by candidates for deputies or for another elective position, allocated from republican budget for conduct of pre-election campaigning, shall entail a fine in amount of five monthly calculation indices.

Article 126. Impeding to legal activity of authorized persons of candidates, policy parties, representatives of mass media and spectators at elections

1. Impeding to the right of authorized persons of candidates, policy parties, spectators of policy parties, other public associations, non-profit organizations of the Republic of Kazakhstan, representatives of mass media to attend at sessions of electoral commission or presence at a polling district on a polling day from the date of its opening and until establishment of vote results upon vote tabulation of electorates, or supervision of the course of voting, procedure for vote tabulation and presentation of vote results at a polling district, in a voting precinct, or presence upon opening and installation of equipment of electronic electoral system, as well as upon inspection of its work in cases when such right is provided by the Law shall entail a fine in amount of thirty monthly calculation indices.

2. Impeding to the right of authorized persons of candidates, policy parties, spectators of policy parties, other public associations, non-profit organizations of the Republic of Kazakhstan to accompaniment of the members of electoral commission for organization of voting outside a voting premise or presence upon conduct of voting of electorates outside the voting premise, or carrying out of photo-, audio- and video-recording, or supervision of procedures for transferring the protocols on vote results to superior electoral commissions, or refusal in receipt of information on a quantity of the electorates that took participation in voting, as well as in voting outside the premise, or appeal of decisions, actions (omission) of the relevant electoral commission and (or) its members in cases when such right is provided by the Law, shall entail a fine in amount of thirty five monthly calculation indices.

3. Refusal in repeated vote tabulation to authorized persons of candidates, policy parties in cases when such right is provided, shall entail a fine in amount of thirty five monthly calculation indices.

4. Impeding to the right of spectators of foreign states and international organizations, representatives of foreign mass media to attend at all the stages of election process or to receive information in electoral commissions on a course of electoral campaign, or to access to voting precincts during conduct of voting and vote tabulation, or to meeting with participants of election process, or to public announcements, or supervision of the procedures for transferring the protocols on vote results to superior electoral commissions in cases when such right is provided, shall entail a fine in amount of thirty five monthly calculation indices.

Chapter 12. ADMINISTRATIVE INFRACTIONS INFRINGING
THE RIGHTS OF MINORS

Article 127. Failure to fulfill duties for upbringing and (or) education, protection of the rights and interests of a minor

1. Failure to fulfill duties for upbringing and (or) education, protection of the rights and (or) interests of minor children by parents or other legal representatives, as well as for their care and maintenance -

entail a fine in the amount of ten monthly calculation indices.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction shall, –

entail a fine in amount of fifteen monthly calculation indices or administrative arrest for a term up to five days.

3. The action provided by part one of this Article, committed by a parent or other person entrusted with these duties, as well as a teacher or other employee of an educational organization, health care or other organization, who is entrusted with the responsibility for upbringing and (or) education, resulting in the use alcoholic beverages, narcotic drugs, psychotropic substances, their analogues, or engaging in vagrancy or begging, or committing a deliberate action containing signs of a criminal or administrative infraction shall, –

entail a fine in amount of twenty monthly calculation indices or administrative arrest for a term up to ten days.

Footnote. Article 127 is in the wording of the Law of the Republic of Kazakhstan dated 27.12.2019 No. 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 127-1. Failure to deliver on unlawful acts committed by minors or in relation to minors

1. Failure to deliver by employees of education organizations, health care, social protection of the public to law enforcement agencies about the facts of commission by minors or in relation to them actions (inaction) of criminal or administrative offence, in education organizations, health care, social protection of the public, as well as the facts that became them known in connection with their professional activities outside education, health care and social protection of the public organizations, if these acts shall not be criminally punishable act provided by Article 434 of the Criminal Code of the Republic of Kazakhstan, –

shall entail a fine on individuals in amount of five, on officials – in amount of ten monthly calculation indices.

2. The same action committed repeatedly second time within a year after the imposition of administrative sanction provided by part one of this Article, –

shall entail a fine on individuals in amount of twenty, on officials – in amount of thirty monthly calculation indices.

Footnote. Chapter 12 supplemented by Article 127-1 in accordance with the Law of the Republic of Kazakhstan No. 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 128. Involvement of a minor in commission of administrative infraction

1. Involvement of a minor in commission of an administrative infraction, except for the actions provided by part two of this Article shall, -

entail a fine in the amount of fifty monthly calculation indices.

2. Involvement of a minor in meetings, rallies, processions, demonstrations and other forms of expression of public, group or personal interests and protest, conducted in violation of the legislation of the Republic of Kazakhstan, as well as the use of a minor in the specified forms of expression of public, group or personal interests and protest -

shall entail a fine in the amount of one hundred monthly calculation indices or administrative arrest for a term up to ten days.

Footnote. Article 128 is in the wording of the Law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 129. Failure to fulfill the obligation on registration of orphaned children, children left without parental custody, being in need of a dwelling place by persons of local executive bodies and (or) legal representatives of a child

1. Failure to fulfill the obligation on registration of orphaned children, children left without parental custody, being in need of a dwelling place, and equally registration with violation of established term by civil servants of local executive bodies and (or) legal representatives of a child shall entail a fine in amount of one hundred monthly calculation indices.

2. Acts provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall entail a fine in amount of two hundred monthly calculation indices.

Article 130. Failure to fulfill the obligation on preservation of a dwelling place of orphaned children, children left without parental custody by persons of local executive bodies and (or) legal representatives of a child

1. Failure to fulfill the obligation on preservation of a dwelling place of orphaned children, children left without parental custody by civil servants of local executive bodies and (or) legal representatives of a child shall -

entail a fine in amount of one hundred and fifty monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine in amount of two hundred monthly calculation indices.

Footnote. Article 130 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 131. Reduction of a minor to intoxication

Reduction of a minor to intoxication shall entail a fine in amount of twenty monthly calculation indices or administrative arrest for the term up to five years.

Article 132. Admission for minors to stay in entertainment places at night time

1. Admission for minors to stay in entertainment places without accompaniment of legal representatives at night time (from 22 pm to 6 am) shall-

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with the suspension of activity or certain types of activity.

Footnote. Article 132 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 133. Sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, by persons that did not attain eighteen years

1. Sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, by persons that did not attain eighteen years, shall –

entail a fine on individuals in the amount of fifteen, on the subjects of small entrepreneurship – in the amount of twenty-five, on the subjects of medium entrepreneurship – in the amount of forty, on the subjects of large entrepreneurship – in the amount of one hundred monthly calculation indices.

2. The action provided for by a part one of this Article committed repeatedly within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of thirty, on the subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of eighty, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

Footnote. Article 133 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 134. Dissemination to minors of erotic content subjects or information products containing information prohibited for children

1. Dissemination that is, sale, subscribe, deliver, distribute, display, hire and (or) rent to minors of erotic content subjects or information products containing information prohibited for children, -

shall entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organization – in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of eighty monthly calculation indices, with confiscation of erotic content subjects or information products containing information prohibited for children.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction as well as using telecommunications networks, -

shall entail a fine on individuals in amount of forty, on subjects of small entrepreneurship or non-profit organization – in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred sixty monthly calculation indices, with confiscation of erotic content subjects or information products containing information prohibited for children.

Footnote. Article 134 is in the wording of the Law of the Republic of Kazakhstan No. 170-VІ dated 02.07.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 135. Violation of the procedure and terms for submitting orphans, children left without parental care, and persons wishing to adopt children for upbringing to their families to the Republican data bank, and disclosure of information about orphans, children left without parental care

Footnote. The title of Article 135 is in the wording of the Law of the Republic of Kazakhstan dated 04.09.2016 No. 501-V (shall be enforced from 01.01.2017).

1. Violation by heads of organizations in which there are children, left without parental care, by officials of the executive bodies of the Republic of Kazakhstan, if this action (inaction) does not contain any signs of a criminal offense, as well as by persons wishing to adopt children for upbringing to their families, committed as:

1) non-observance of the terms for submitting information about orphans and children left without parental care to the Republican data bank for orphans, children left without parental care, and persons wishing to adopt children for upbringing to their families;

2) submission of false information about orphans, children left without parental care, concealing data to be reflected in the Republican data bank for orphans, children left without parental care, and persons wishing to adopt children to their families;

3) illegal disclosure of data about orphans, children left without parental care contained in the Republican data bank for orphans, children left without parental care, and persons wishing to adopt children for upbringing to their families, shall –

entail a fine of thirty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall -

entail a fine for individuals in amount of five, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of thirty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices.

Footnote. Article 135 as amended by the Law of the Republic of Kazakhstan dated 04.09.2016 No. 501-V (shall be enforced from 01.01.2017).

Chapter 13. ADMINISTRATIVE INFRACTIONS INFRINGING
TO PROPERTY

Article 136. Violation of a right of state ownership of land

Illegal occupation or exchange of state land fields or consummation of other transactions directly or indirectly infringing the right of the state ownership of land, as well as untimely return of temporary occupied state lands, shall entail a fine on individuals in amount of seventy five, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices.

Article 137. Breach of the land legislation of the Republic of Kazakhstan upon provision of the right to a land field and upon change of designated purpose of a land field

1. Breach of the land legislation of the Republic of Kazakhstan upon provision of the right to a land field and upon change of designated purpose of a land field, if these actions do not contain signs of criminally punishable act committed in the form of:

1) provision of land fields or the lease rights of land fields being in the state ownership and not provided for land use without holding of biddings (auctions and competitions), with the exception of cases when the auction and competition methods of providing land fields do not apply to the land field or the lease right of land field;

2) violation of established terms of considering the petitions (applications) of individuals and legal entities on provision of the relevant right to land field;

3) adoption of decision by a local executive body on provision of the rights to land fields without a favorable conclusion of the land commission and (or) without approved land surveying project;

4) violation of the term for adoption of decision by a local executive body on refusal to provide the rights to land fields;

5) violation of the term for adoption of decision by a local executive body on provision of the rights to land fields;

6) adoption of decision by a local executive body on provision of the right of private property to land fields that may not be in private ownership;

7) adoption of decision by a local executive body on compulsory alienation of a land field for the state needs in cases not provided by the legislative acts;

8) adoption of decision by a local executive body on free provision of land fields into private ownership with size that is more than a standard provided by the land legislation, as well as repeated free provision;

9) adoption of decision by a local executive body on provision of the right of temporary non-repayable land use for the purpose and in the term not provided by the land legislation;

10) adoption of decision by a local executive body on provision of the right of private ownership to the agricultural lands for foreign persons and stateless persons;

11) adoption of decision by a local executive body on provision of the rights to land fields that are not included into its competence;

12) violation of the term for consideration of an application on change of designated purpose of a land field;

13) violation of the terms for production and issuance of identification documents for a land field;

14) violation of the terms for consideration and approval of a land surveying project;

15) violation of the terms for conclusion of buy and sell contract or contract of temporary compensated (uncompensated) land use shall entail a fine on civil servants in amount of thirty monthly calculation indices.

2. The actions provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on civil servants in amount of sixty monthly calculation indices.

Article 138. Destruction of special signs

1. Destruction of landmarks of borders of land fields shall -

entail a notification or a fine on individuals in amount of three, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Destruction or damage of monitoring and observation wells for ground waters, observant regime alignments on water objects, water protection or hydroeconomic signs, forest estimation or forestry-based signs in a forest fund, surveying, geodesic and levelling points and signs, shall -

entail a fine for individuals in amount of five, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of thirty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices.

Footnote. Article 138 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 139. Violation of the right of state ownership to subsoil

1. Illegal use of subsoil with the exception of ground waters, consummation of transaction violating the right of the state ownership to subsoil in a direct or latent form shall –

entail a fine in the amount of one hundred percent from the amount of damage caused to subsoil resources.

2. The actions provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction

entail a fine in the amount of two hundred percent of the amount of damage caused to subsoil resources with confiscation of the property obtained as a result of an administrative infraction, as well as tools and objects used in the commission of an administrative infraction.

Footnote. Article 139 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 140. Selective development of deposit fields

Footnote. Article 140 is excluded by the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 141. Violation of the right of state ownership to waters

1. Illegal seizure of water objects, including discharge of sewage and other waters, illegal water use, reassignment of the right of water use, as well as consummation of other transactions, violating the right of the state ownership to waters in direct or latent form, shall -

entail a fine on individuals in amount of thirty, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of two hundred and sixty monthly calculation indices.

2. Water abstraction with violation of limits, exceeding of permitted volumes, non-observance of established water use regimes, illegal production of hydraulic works, irrational, non-targeted use from water bodies, shall –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred and seventy monthly calculation indices.

Footnote. Article 141 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 142. Violation of the right of the state ownership to forests

Buy and sell, giving, pledge, illegal engagement and exchange of fields of the forest fund, as well as illegal reassignment of the right to carry out forest uses violating the right of the state ownership to forests, shall entail a fine on individuals in amount of twenty, on civil servants – in amount of twenty five, on subjects of small entrepreneurship or non-profit organizations – in amount of seventy, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

Article 143. Violation of the right of the state ownership to animal and plant world

1. Illegal reassignment of the right of using objects of animal world, as well as commission of other transactions violating the right of the state ownership to animal world in a direct or latent form, as well as illegal use of objects of the plant world in conservations and on other especially protected natural areas, the use of which requires obtainment of permission, shall entail a fine on individuals in amount of ten, on civil servants – in amount of twenty five, on subjects of small entrepreneurship or non-profit organizations – in amount of seventy, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

2. Illegal assignment of the right to use the plant world, as well as the commission of other transactions that directly or indirectly violate the right of state ownership of the plant world, as well as illegal use of objects of the plant world, the use of which requires permission or notification, –

entail a fine on individuals in amount of ten, on civil servants – in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

Footnote. Article 143 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 144. Illegal connection, use of energy or waters

Footnote. Article 144 is excluded by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 145. Violation of the legislation of the Republic of Kazakhstan on protection and use of objects of historical and cultural heritage

Violation of the legislation of the Republic of Kazakhstan on protection and use of objects of historical and cultural heritage, committed in the form of:

1) violations of the conditions for maintaining a monument of history and culture, prescribed in the protection obligations;

2) violations of the rules for establishing structures of monumental art;

3) illegal movement and alteration of the monument of history and culture;

4) failure to carry out archaeological work to identify objects of historical and cultural heritage during the development of territories before the allotment of land plots;

5) carrying out works that may pose a threat to the existence of objects of historical and cultural heritage;

6) violations of the regime of land use within protected zones, zones of regulation of development and zones of a protected natural landscape of monuments of history and culture;

7) violations of the conditions for carrying out scientific restoration work on historical and cultural monuments and the conditions for carrying out archaeological work shall, –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship - in the amount of fifty, on subjects of medium entrepreneurship - in amount of one hundred, on subjects of large entrepreneurship - in amount of two hundred and fifty monthly calculation indices, with suspension of work performed.

Footnote. Article 145 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 No. 289-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 146. Passage on sowings or plantings

Passage on sowings or plantings on a mechanical transport vehicle, animal transport shall –

entail a notification or a fine in amount of five monthly calculation indices.

Article 147. Damage of sowings, hayricks, spoiling or destruction of harvests of gathered agricultural crops being in a field, damage of plantings

1. Damage of sowings, hayricks, spoiling or destruction of harvests of gathered agricultural crops being in a field or damage of plantings of agricultural organizations independently from their legal organizational form, peasant or farm enterprises, personal subsidiary husbandries by livestock or birds, shall –

entail a fine on individuals in amount of twenty, on civil servants – in amount of fifty monthly calculation indices.

2. The same actions committed repeatedly second time second time within a year after imposition of administrative sanction provided by a part one of this Article, shall –

entail a fine on individuals in amount of forty, on civil servants – in amount of seventy monthly calculation indices.

Article 147-1. Intentional destruction or damage of someone else's property

1. Intentional destruction or damage to someone else's property, if this action does not contain signs of a criminally punishable act, –

entails a fine in the amount of twenty monthly calculation indices or administrative arrest for a period of five to fifteen days.

2. The action provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty,

entails administrative arrest for a period of fifteen to thirty days.

3. The action provided for in part two of this Article, committed by a person to whom administrative arrest in accordance with part two of Article 50 of this Code does not apply,

entails a fine in the amount of twenty monthly calculation indices.

Footnote. Chapter 13 is supplemented by Article 147-1 in accordance with the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 148. Violation of terms for return of the state nature grants

Violation of the terms of return of state natural grants, established by the legislation of the Republic of Kazakhstan in the field of investments, -

entail a fine on subjects of small entrepreneurship in amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

Footnote. Article 148 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016).

Article 149. Non-fulfillment and (or) improper fulfillment of obligations on ensuring antiterrorist protection of an object vulnerable in terrorist relation

Footnote. The heading of Article 149 as amended by the Law of the Republic of Kazakhstan dated 13.05.2020 No. 325-VІ (shall be enforced upon expiry of six calendar days after the date of its first official publication).

1. Non-fulfillment and (or) improper fulfillment of obligations by the proprietor, owner or the head or other official of the object vulnerable in terrorist relation, or by a subject of security activities that has concluded an agreement on the provision of security services for an object vulnerable to terrorist, obligations to ensure the anti-terrorist protection of the object, shall –

entail a fine on individuals or civil servants in amount of one hundred, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

2. Actions (omission) provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on individuals or officials in amount of two hundred, on subjects of small entrepreneurship or non-profit organizations – in amount of three hundred, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices, with suspension of activities or separate types of activity for a period up to three months or without it.

Footnote. Article 149 as amended by the Law of the Republic of Kazakhstan dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.05.2020 No. 325-VІ (shall be enforced upon expiry of six calendar days after the date of its first official publication).

Article 150. Advertising of activity of financial (investment) pyramids

Production, distribution and placement of advertising of financial (investment) pyramid activities, if these actions do not contain signs of a criminal offense, –

entail a fine on individuals in amount of one hundred fifty, on civil servants – in amount of one hundred seventy, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of six hundred monthly calculation indices with suspension of release (airing) of mass media for a term up to three months.

Footnote. Article 150 as amended by the Law of the Republic of Kazakhstan dated 12.07.2022 No. 140-VII (shall be enforced sixty calendar days after the date of its first official publication).

Chapter 14. Administrative offenses in the field of entrepreneurial activity, as well as rehabilitation, restoration of solvency and bankruptcy

Footnote. The title of Chapter 14 as amended by the Law of the Republic of Kazakhstan dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 151. Violation of the rules for outflow or dispatch of raw materials, food commodities and industrial products beyond the borders of the Republic of Kazakhstan

1. Violation of the rules for outflow or dispatch of raw materials, food commodities, industrial products beyond the borders of the Republic of Kazakhstan shall –

entail a fine on individuals in amount of five, on subjects of small entrepreneurship – in amount of ten, on subjects of medium- entrepreneurship – in amount of twenty, on subjects of large entrepreneurship - in amount of thirty-five monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices, with or without confiscation of raw materials or goods.

Footnote. Article 151 as amended by the Law or the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 152. Violation of rules for acceptance of raw materials, food and industrial goods for dispatch beyond the Republic of Kazakhstan

Footnote. Article 152 is excluded by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 153. Illegal entrepreneurship

Engagement in prohibited types of entrepreneurial activity, if this action causes heavy damage to a citizen, organization or the state or connected with deriving revenue in a large amount or production, storage, transfer or selling of sub-excise goods in a considerable amount, if these actions do not contain signs of criminally punishable act, shall –

entail a fine on individuals, subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty percent of a sum of inflicted damage, of a sum of derived revenue and cost of sub-excise goods received in a result of illegal entrepreneurship.

Note.

1. Heavy damage in Articles 153 and 155 of this Code shall be considered as the damage inflicted to a citizen to the sum not exceeding one thousand monthly calculation indices, or damage inflicted to organization or the state to the sum not exceeding ten thousand monthly calculation indices.

2. Revenue in a large amount in Articles 153 and 155 of this Code shall be considered as the revenue the sum of which does not exceed ten thousand monthly calculation indices.

3. In this Article, the considerable amount is such quantity of goods, the cost of which does not exceed one thousand monthly calculation indices.

Article 154. Engagement in entrepreneurial activity by a person for whom the prohibition to carry out such activity is established by the legislation of the Republic of Kazakhstan

Engagement in entrepreneurial activity by a person for whom the prohibition to carry out such activity is established by the legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of two hundred monthly calculation indices with confiscation of subjects and (or) tools of committing administrative infractions and (or) revenues (dividends), money, securities received due to commission of the infraction.

Article 155. Illegal banking activity

Carrying out of banking activity (banking operations) without registration or without special permission (license) in cases when such permission (license) is compulsory, that inflicted heavy damage to a citizen, organization or the state or connected with deriving revenues in a large amount, if this action does not contain the signs of criminally punishable act, shall –

entail a fine on individuals, subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty percent of a sum of inflicted damage, of a sum of derived revenue received in a result of illegal activity.

Article 156. Violation of requirements of the legislation of the Republic of Kazakhstan on culture

1. Violation of requirements of the legislation of the Republic of Kazakhstan on culture committed in a form of:

1) distribution of motion pictures in a territory of the Republic of Kazakhstan without distribution certificate for a motion picture;

2) non-informing audience in established manner on age category of a motion picture;

3) non-compliance with established time upon distribution of motion pictures with age categories "18+" and "21+";

4) non-provision of information and (or) provision of distorted information on motion pictures by organizations screening motion pictures to the Unified Automated Information System for monitoring motion pictures;

5) non-compliance with order and conditions of temporary export of cultural values;

6) not providing a compulsory free copy of publication to national libraries and the National state book chamber of the Republic of Kazakhstan, -

shall entail a notification.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 156 as amended by the Law of the Republic of Kazakhstan dated 05.05.2017 No. 60-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 213-VІ dated 03.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 156-1. Breach of the legislation of the Republic of Kazakhstan on protection of children from information harmful to their health and development

1. Breach of the legislation of the Republic of Kazakhstan on protection of children from information harmful to their health and development, committed in the form of:

1) distribution of printed periodical publications without a sign of age category;

2) non-compliance with established time upon distribution by means of TV and radio broadcasting of information products containing information related to age category "from 18 years";

3) distribution by means of TV and radio broadcasting information products without indicating the sign of age category or without reporting age category at the beginning of a television or radio program, as well as at each resumption after its interruption, –

entail a notification.

2. Distribution of audiovisual and (or) printed products without a sign of age category –

entail a notification.

3. The act provided by part one and two of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organization – in amount of fifty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Chapter 14 is supplemented by Article 156-1 in accordance with the Law of the Republic of Kazakhstan No. 170-VІ dated 02.07.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 157. Knowingly false advertisement

Use of knowingly false information by an advertiser in advertisement that misleads the consumer regarding goods, works and services, as well as their producers, executors or sellers –

shall entail a fine on individuals in amount of one hundred, on subjects of small entrepreneurship – in amount of three hundred and fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

Footnote. Article 157 is provided in the wording of the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 158. Illegal use of another's trademark, service mark, name of place of goods origin or brand name

Illegal use of another's trademark, service mark or name of place of goods origin or designations for homogeneous goods or services, being confusingly similar to them, as well as illegal use of another's brand name, with the exception of cases related to exhaustion of exclusive right to trademark, if these actions shall not contain elements of criminally punishable act, –

shall entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organization – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of eighty monthly calculation indices, with confiscation of goods containing illegal image of trademark, service mark or name of place of goods origin or designations for homogeneous goods or services, being confusingly similar to them.

Note. The infringing goods, confiscated in accordance with this Article shall be subject to destruction in the manner provided by Article 795 of this Code, with the exception of cases when introduction of such goods into circulation shall be necessary in the public interest and shall not breach the requirements of the legislation of the Republic of Kazakhstan on protection of consumers' rights (pursuant to the removal from the goods and its packaging of an illegally used trademark or designation confusingly similar to it).

Footnote. Article 158 is in the wording of the Law No. 365-V of the Republic of Kazakhstan dated 27.10.2015 (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 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 161-VI dated 20.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 217-VI dated 21.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 159. Monopolistic activity

1.Anticompetitive agreements of market entities prohibited by the Entrepreneurial Code of the Republic of Kazakhstan, if these actions do not contain any signs of a criminal offense, shall -

entail a fine on subjects of small or medium entrepreneurship or non-profit organizations in amount of three, on subjects of large entrepreneurship – in amount of five percent of the revenue (profit) received in a result of carrying out of the monopolistic activity, with a confiscation of monopoly income received in a result of carrying out of the monopolistic activity, no more than for one year.

2. Anticompetitive coordinated actions of market entities prohibited by the Entrepreneurial Code of the Republic of Kazakhstan, if these actions do not contain any signs of a criminal offense, shall –

entail a fine on subjects of small or medium entrepreneurship or non-profit organizations in amount of three, on subjects of large entrepreneurship – in amount of five percent of the revenue (profit) received in a result of carrying out of the monopolistic activity, with a confiscation of monopoly income received in a result of carrying out of the monopolistic activity, no more than for one year.

3. Abuse by market entities of their dominant or monopolistic position, by establishing, maintaining monopoly high (low) or monopsony low prices prohibited by the Entrepreneurial Code of the Republic of Kazakhstan, if these actions shall not contain elements of criminally punishable act, –

entail a fine on subjects of small or medium entrepreneurship or non-profit organizations in amount of three, on subjects of large entrepreneurship – in amount of five percent of the revenue (profit) received in a result of carrying out of the monopolistic activity, with a confiscation of monopoly income received in a result of carrying out of the monopolistic activity, no more than for one year.

3-1. Abuse by market entities of their dominant or monopolistic position, with the exception of establishing, maintaining monopoly high (low) or monopsony low prices prohibited by the Entrepreneurial Code of the Republic of Kazakhstan, if these actions shall not contain elements of criminally punishable act, –

entail a fine on subjects of small or medium entrepreneurship or non-profit organizations in amount of three, on subjects of large entrepreneurship – in amount of five percent of the revenue (profit) received in a result of carrying out of the monopolistic activity.

4. The actions provided by parts one, two, three and 3-1 of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

entail a fine on subjects of small or medium entrepreneurship or non-profit organizations in amount of five, on subjects of large entrepreneurship – in amount of ten percent of the revenue (profit) received in a result of carrying out of the monopolistic activity, with a confiscation of monopoly income received in a result of carrying out of the monopolistic activity, no more than for one year.

5. Coordination of economic activity of market entities by individuals and (or) legal entities that may lead, leading or having lead to any form of anticompetitive agreements of market entities prohibited by the Entrepreneurial Code of the Republic of Kazakhstan, shall -

entail a fine on individuals in amount of one hundred and fifty, on subjects of small entrepreneurship or non-profit organizations - in amount of three hundred and fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indices.

6. The action provided by a part five of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of two hundred, on subjects of small entrepreneurship or non-profit organizations - in amount of three hundred and fifty, on subjects of medium entrepreneurship – in amount of seven hundred, on subjects of large entrepreneurship - in amount of one thousand five hundred monthly calculation indices.

Note.

Market entity that committed administrative infraction in the form of anticompetitive agreement or anticompetitive coordinated actions shall be released from administrative liability upon cumulative compliance with the following conditions:

1) at the time, when a market entity applies to the antimonopoly body o anticompetitive agreements or anticompetitive coordinated actions, the antimonopoly body did not receive the information on these anticompetitive agreements or anticompetitive coordinated actions from other sources;

2) market entity takes urgent measures on termination of own participation in anticompetitive agreements or anticompetitive coordinated actions;

3) market entity informs full information on the facts of anticompetitive agreements or anticompetitive coordinated actions during all the investigation from the date of application;

4) market entity compensates damage to consumers on a voluntary basis inflicted in a result of commission of anticompetitive agreements or anticompetitive coordinated actions.

Footnote. Article 159 as amended by the Law of the Republic of Kazakhstan dated 05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 160. Breach of the legislation of the Republic of Kazakhstan on state monopoly

1. Non-compliance of restrictions by a subject of state monopoly established by the legislation of the Republic of Kazakhstan on state monopoly, shall –

entail a fine in amount of three hundred monthly calculation indices.

2. Carrying out of activity related to the scope of the state monopoly by the unauthorized person shall –

entail a fine on individuals in amount of fifty, on subjects of small entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred and fifty, on subjects of large entrepreneurship – in amount of two hundred and fifty monthly calculation indices, with confiscation of objects and (or) tools of committing an administrative offense or without it.

Footnote. Article 160 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 161. Illegal actions of market entities upon economic concentration

1. Economic concentration of market entities without receipt of agreement of the antimonopoly body in case if such agreement is required, non-fulfillment of requirements and obligations by market entities participating in economic concentration, by whom the decision on giving the agreement for economic concentration is conditioned, shall –

entail a fine on individuals in amount of eighty, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred monthly calculation indices.

2. Non-provision or untimely provision of a notification to the antimonopoly body on committed economic concentration in case if existence of such notification is required, shall –

entail a fine on individuals in amount of eighty, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred monthly calculation indices.

Article 162. Non-fulfillment of a prescription of the antimonopoly body. Violation of obligations on provision of information and creation of obstacles to access to premises and in a territory

Non-fulfillment of a prescription or fulfillment not in a full measure, non-provision of information or provision of information not in a full measure to the antimonopoly body within established terms, provision of inaccurate and (or) false information to the antimonopoly body, creation of obstacles to civil servants of the antimonopoly body prosecuting the investigation to access to premises and in a territory, shall –

entail a fine on individuals in amount of fifty, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of three hundred and sixty, on subjects of large entrepreneurship - in amount of one thousand six hundred monthly calculation indices.

Footnote. Article 162 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 163. Anticompetitive actions (inaction) of state, local executive bodies, organizations, endowed by the government with functions to regulate the activity of market entities, unfair competition

Footnote. Title of Article 163 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

1. Anticompetitive actions (inaction) of state, local executive bodies, organizations, endowed by the state with functions to regulate the activity of market entities, shall -

entail a fine on officials in amount of three hundred monthly calculation indices.

2. Unfair competition shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand five hundred monthly calculation indices.

3. The action provided by a part two of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on subjects of small entrepreneurship in amount of three hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

Footnote. Article 163 as amended by the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

Article 163-1. Coordination by organizers of procurement of goods, procurement operators and bidding activities of procurement suppliers, bidders

1. Coordination by the organizers of procurement of goods, procurement operators and bidding activities of procurement suppliers and bidders, if such action leads or may lead to prevention, restriction or elimination of competition and shall not contain elements of criminally punishable act, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on officials in amount of one hundred and fifty monthly calculation indices.

Footnote. Chapter 14 is supplemented by Article 163-1 in accordance with the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 164. Violation of the legislation of the Republic of Kazakhstan on natural monopolies

Footnote. Title of Article 164 as amended by the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

1. Non-provision of information, report and notification of the established forms, as well as provision of information, report, notification of the established forms with violation of the established terms by subject of natural monopoly to authorized agencies, carrying out management in the field of natural monopolies, information and communications, civil aviation –

entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship – in amount of two hundred and forty, on subjects of large entrepreneurship - in amount of eight hundred monthly calculation indices.

2. The same actions (omission) committed repeatedly second time second time within a year after imposition of administrative sanction provided by a part one of this Article, shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred forty, on subjects of medium entrepreneurship – in amount of two hundred eighty, on subjects of large entrepreneurship – in amount of one thousand two hundred monthly calculation indices.

3. Non-provision of an application and documents, information on inclusion into the State register on subjects of natural monopolies within fifteen calendar days from the date of the beginning of this activity in the manner established by the legislation on natural monopolies by the persons, carrying out activities, related to the sphere of natural monopoly, to the authorized body, shall –

entail a fine in amount of one hundred percent of a sum of the revenue (profit), received as a result of an administrative offense.

4. Non-compliance with restrictions by subject of natural monopoly, as well as non-fulfillment or improper fulfillment by subject of natural monopoly of obligations, established by the legislation of the Republic of Kazakhstan on natural monopolies, with the exception of obligation to provide information, report, notification the established forms to authorized agencies, carrying out management in the field of natural monopolies, information and communications, civil aviation, –

entail a fine on subjects of small entrepreneurship in amount of two hundred and eighty, on subjects of medium entrepreneurship - in amount of three hundred and twenty, on subjects of large entrepreneurship - in amount of a thousand six hundred monthly calculation indices.

5. An action (inaction), provided in part four of this Article, which entailed the receipt of the revenue (profit), shall -

entail a fine on legal entities in amount of ten percent of the revenue (profit) received in a result of commission of administrative infraction.

Note. The revenue (profit) received in a result of commission of administrative infraction shall be regarded as the difference between the revenue (profit) received by a subject of natural monopoly, and the revenue (profit) that the subject of natural monopoly should receive upon compliance with the legislation of the Republic of Kazakhstan.

Footnote. Article 164 as amended by the laws of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016); dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017); No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 165. Violation of procedure for sales (disposal) of electric energy

1. Sales (disposal) of electric energy by energy producing organization, with the exception of cases of selling (disposing) on spot-biddings (no more than ten percent of the volumes of produced electric energy), balancing market and for export, according to the tariff exceeding the limiting, individual, calculation tariffs of electric energy respectively, shall –

entail a fine on legal entities in amount of ten percent of the revenue (profit) received in a result of commission of administrative infraction.

2. Sale (disposal) of electric energy by energy producing organization to individuals and legal entities that are not the subjects of wholesale and (or) retail market, with the exception of cases of exporting electric energy, shall –

entail a fine on legal entities in amount of one hundred percent of the sum of the revenue (profit) received in a result of commission of administrative infraction.

3. Illegal acquisition (purchase) of electric energy by energy producing organization from another energy producing organization, shall –

entail a fine on legal entities in amount of one hundred percent of payment for electric energy being acquired (purchased) in a result of commission of administrative infraction.

4. Illegal sale (disposal) of electric energy by energy producing organization to another energy producing organization, and equally its illegal acquisition (purchase) from another energy producing organization shall –

entail a fine on legal entities in amount of one hundred percent of a sum of payment for electric energy being sold (disposed), equally as acquired (purchased) in a result of commission of administrative infraction.

Note.

1. The revenue (profit) received in a result of commission of administrative infraction shall be regarded as:

1) according to part one of this Article: the difference between the revenue (profit) received by energy producing organization, with the exception of cases provided by this Article, and the revenue (profit) calculated respectively on limiting, calculation, individual tariffs of electric energy;

2) according to parts one, three and four of this Article: all the income (profit) received in a result of violation of prohibition for selling (disposing) electric energy established by the legislation of the Republic of Kazakhstan on electric power industry.

2. Composition of revenue (profit) shall include the cost of sold (disposed) electric energy, but not paid on a date of drawing up the protocol on administrative infraction.

Article 166. Violation of obligations by a subject of socially significant market

1. Non-provision of information by a subject of socially significant market on selling prices with attachment of substantiating materials, confirming the level of price, financial reporting in accordance with the legislation of the Republic of Kazakhstan on accounting and financial reporting, as well as information on the volumes of production (sale), the level of profitability and selling prices of monopolistically produced (sold) goods (works, services) within the terms established by the Entrepreneurial Code of the Republic of Kazakhstan, as well as provision of inaccurate and (or) incomplete information to the authorized body, carrying out management in the spheres of natural monopolies, shall -

entail a fine on subjects of small entrepreneurship in amount of three hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices.

2. Non-execution of an investment program (project), recorded in marginal price by a subject of socially significant market, shall –

entail a fine on subjects of small entrepreneurship, on subjects of medium entrepreneurship, on subjects of large entrepreneurship in amount of ten percent of the sums, not used to implement investment programs (projects).

3. Non-fulfillment of obligation by a subject of socially significant market on return the revenue (profit) received and not used for the implementation of investment programs (projects), recorded in marginal prices, to consumers or in case of impossibility to establish a complete list of consumers by reducing the level of marginal price for the forthcoming period in accordance with the manner of price formation, shall –

entail a fine on subjects of small entrepreneurship in amount of sixty-five, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred percent of the sum of the revenue (profit), received as a result of committing an administrative offense.

4. Non-fulfillment of obligation by a subject of socially significant market on return the revenue (profit) received as a result of an unreasonable exceeding of marginal price to consumers or in case of impossibility to establish a complete list of consumers by reducing the level of marginal price for the forthcoming period in accordance with the manner of price formation, shall –

entail a fine on subjects of small entrepreneurship in amount of sixty-five, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred percent of the sum of the revenue (profit), received as a result of committing an administrative offense.

5. Increase in price and sale of goods (works, services) by a subject of socially significant market without submission of notification on the forthcoming price increase to the authorized body, carrying out management in the spheres of natural monopolies, in terms, established by the legislation of the Republic of Kazakhstan, as well as non-reduction of the current or projected price to the level price, determined by the authorized body, carrying out management in the spheres of natural monopolies, in the manner established by the Entrepreneurial Code of the Republic of Kazakhstan shall –

entail a fine on subjects of small entrepreneurship, on subjects of medium entrepreneurship, on subjects of large entrepreneurship in amount of ten percent of the revenue (profit) received as a result of committing an administrative offense.

Notes.

1. Revenue (profit), received as a result of committing an administrative offense, shall be regarded as:

1) according to part two of this Article: the difference between the revenue (profit), received by a subject of socially significant market and the revenue (profit), calculated at a price that was in effect before the increase, or at a price, the level of which is determined by the authorized body, carrying out management in the spheres of natural monopolies;

2) according to part three of this Article: the difference between the revenue (profit), received by a subject of socially significant market for implementation of investment programs (projects) through the application of marginal price and the revenue (profit), used to implement investment programs (projects);

3) according to part four of this Article: the difference between the revenue (profit), received by a subject of socially significant market and the revenue (profit), formed, based on the level of marginal price.

2. The revenue (profit) should include the cost of sold goods (works, services), but not paid on the day of drawing up the protocol on administrative offence.

Footnote. Article 166 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

Article 167. Non-compliance with the procedure for price formation by a subject of socially significant market

Footnote. Title of Article 167 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

Non-compliance with the procedure for price formation, established by the authorized body, carrying out management in the spheres of natural monopolies, by a subject of socially significant market, shall -

entail a fine on subjects of small entrepreneurship in amount of three hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

Footnote. Article 167 as amended by the Law of the Republic of Kazakhstan dated 05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

Article 168. Non-execution of investment program by energy producing organization

Non-execution of instructions on implementation of the investment program by the energy producing organization, introduced by the authorized body, carrying out management in the spheres of natural monopolies, shall -

entail a fine in amount of ten percent of the sums received from consumers and not used for the purpose of realization of investment program.

Footnote. Article 168 as amended by the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).

Article 169. Breach of the legislation of the Republic of Kazakhstan on the state regulation of production and turnover of biofuel

1. Excess of quota standard by producers of biofuel for acquisition of food raw materials for the following its processing into biofuel, shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of three hundred forty, on subjects of large entrepreneurship – in amount of one thousand five hundred seventy monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of three hundred, on subjects of medium entrepreneurship – in amount of three hundred ninety, on subjects of large entrepreneurship – in amount of one thousand eight hundred twenty monthly calculation indices, with a confiscation of products produced from the food raw materials in amount of exceeded quota, and suspension of activity on production of biofuel for the term up to three months.

3. Use of wheat of the classes 1 and 2 as a food raw material upon production of biofuel shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of seven hundred fifty monthly calculation indices.

4. Sale of biofuel, the composition of which does not conform to the composition established by the technical regulations shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of seven hundred fifty monthly calculation indices.

5. Production of turnover of undenatured bioethanol, with the exception of cases of its delivery to the plant on production of biofuel or to the oil processing plant for processing into other types of biofuel, shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of seven hundred fifty monthly calculation indices.

6. Carrying out of production of biofuel by two and more producers of biofuel at one and the same plant on production of biofuel, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of seven hundred fifty monthly calculation indices.

7. Production of biofuel by producers of the biofuel without production passport, without control instruments for recording the volumes of producing the biofuel or during their state of defect, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred ten, on subjects of medium entrepreneurship – in amount of two hundred twenty, on subjects of large entrepreneurship – in amount of seven hundred thirty monthly calculation indices, with the confiscation of products produced during this period.

8. Acceptance of biofuel of food raw materials by producers that is genetically modified source (object) or containing genetically modified sources (objects) without scientific substantiated confirmation of their safety and conduct of their state registration, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of nine hundred forty monthly calculation indices.

9. Excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2020).

10. Sale of biofuel by producers of the biofuel to the persons that do not carry out production of biofuel and (or) that do not have a license for compounding of oil products, with the exception of exporting the biofuel upon existence of the relevant documents, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred thirty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of nine hundred ninety monthly calculation indices, with a confiscation of biofuel in a volume equal to the sold batch.

11. Release of produced biofuel by producers of the biofuel for its storage to persons that are not the participants of the biofuel market, with the exception of exporting the biofuel upon existence of the relevant documents, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred ten, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of six hundred monthly calculation indices, with a confiscation of biofuel in a volume equal to the sold batch.

12. Storage of biofuel by persons that are not the participants of the biofuel market and (or) that do not have a license for compounding of oil products, with the exception of exporting biofuel upon existence of the relevant documents, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred thirty five, on subjects of medium entrepreneurship – in amount of one hundred seventy, on subjects of large entrepreneurship – in amount of two hundred sixty monthly calculation indices, with a confiscation of biofuel in a volume equal to the sold batch.

13. The actions provided by parts seven, eight, ten, eleven of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

– entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of one thousand three hundred monthly calculation indices, with a confiscation of biofuel in a relevant volume.

14. The action provided by a part twelve of this Article committed repeatedly second time second time within a year after imposition of administrative sanction shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred twenty, on subjects of medium entrepreneurship – in amount of two hundred forty, on subjects of large entrepreneurship – in amount of four hundred thirty monthly calculation indices.

Footnote. Article 169 as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2020).

Article 170. Violation of requirements of the legislation of the Republic of Kazakhstan on gas and gas supply

1. Non-provision of details by a subject of gas supply systems on production, transportation (transfer), storage, shipping and sale of sales, liquefied petroleum and (or) liquefied natural gas, as well as provision of details with violation of established terms –

entail a warning.

1-1. The actions, provided in part one of this Article, committed repeatedly within a year after imposing an administrative penalty shall-

entail a fine on subjects of small entrepreneurship in amount of twenty-five, on subjects of medium entrepreneurship – inn amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Non-compliance with restrictions on operation of objects of the gas supply systems established by the legislation of the Republic of Kazakhstan on gas and gas supply, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

3. Violation of procedure for recording and (or) sale of commercial and (or) liquefied petroleum gas, established by the legislation of the Republic of Kazakhstan on gas and gas supply, with the exception of cases, provided for by part ten of this Article, shall –

entail a fine on subjects of small entrepreneurship in amount of seventy-five, on subjects of medium entrepreneurship – in amount of one hundred and fifty, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices.

4. Violation of a priority right of the state by a subsurface user to acquisition of raw and (or) commercial gas, shall –

entail a fine on legal entities in amount of one thousand monthly calculation indices.

5. Violation of a priority right of the state by an owner of an object of the gas supply systems to acquisition of objects of the unified commercial gas supply system, shares in a right of common property to objects of the unified commercial gas supply system and (or) blocks of shares (participatory interests) of legal entities-owners of the objects of the unified commercial gas supply system, shall –

entail a fine on legal entities in amount of thousand monthly calculation indices.

6. Non-compliance with established technical operating regimes of the objects of unified commercial gas supply system shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand five hundred monthly calculation indices.

7. The action provided by a part three of this Article that lead receipt of the revenue (profit), shall –

entail a fine on legal entities – in amount of thirty percent of the revenue (profit) received in a result of commission of administrative infraction, with suspension of the action or deprivation of accreditation certificate.

8. Was excluded by the Law of the Republic of Kazakhstan dated 04.07.2018 No. 173-VI (for the procedure of enactment see Article 2).
9. Was excluded by the Law of the Republic of Kazakhstan dated 04.07.2018 No. 173-VI (for the procedure of enactment see Article 2)

10. Illegal sale of liquefied petroleum gas outside the Republic of Kazakhstan, if these actions do not contain signs of a criminal offense, shall-

entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship in amount of five hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indices, with confiscation of revenues, received as a result of committing an administrative offense.

11. Was excluded by the Law of the Republic of Kazakhstan dated 04.07.2018 No. 173-VI (for the procedure of enactment see Article 2)

12. The action provided for by part ten of this Article, committed repeatedly within a year, shall –

entail a fine on subjects of small entrepreneurship in amount of five hundred, on subjects of medium entrepreneurship in amount of eight hundred, on subjects of large entrepreneurship - in amount of one thousand three hundred monthly calculation indices, with confiscation of revenues, received as a result of committing an administrative offense and suspension of action or deprivation of the accreditation certificate.

Footnote. Article 170 as amended by the laws of the Republic of Kazakhstan dated 28.04.2016 No. 506-V (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2018 No. 173-VI (for the procedure of enactment see Article 2).

Article 171. Excess of limit prices of selling oil products, commercial liquefied petroleum gas to which the state regulation of prices is established

1. Excess of limit price of retail sale of oil products by retail sellers of oil products established I accordance with the legislation of the Republic of Kazakhstan on the state regulation of production and turnover of separate types of oil products, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

2. Excess of limit prices of wholesale trade of sales gas in the domestic market of the Republic of Kazakhstan or limit prices of liquefied petroleum gas sold under the plan for supply of liquefied petroleum gas in the domestic market of the Republic of Kazakhstan outside electronic trading platforms by persons carrying out trade of sales gas or liquefied petroleum gas established in accordance with the legislation of the Republic of Kazakhstan on gas and gas supply, –

entail a fine on subjects of small entrepreneurship in amount of one hundred and fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

3. The actions provided by parts one and two of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on legal entities in amount of one hundred percent of the revenue (profit) received in a result of commission of administrative infraction, with suspension of the validity term or deprivation of accreditation certificate.

Note. The revenue (profit) received in a result of commission of administrative infraction shall be regarded as the difference between the revenue (profit) received by a person that committed the administrative infraction, and the revenue (profit) that this person should receive upon compliance with the legislation of the Republic of Kazakhstan.

Footnote. Article 171 as amended by the Law of the Republic of Kazakhstan No. 173-VI dated 04.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 172. Breach of the legislation of the Republic of Kazakhstan on electric power industry

1. Non-publication, untimely, inaccurate or imcomplete publication of details in mass media by energy producing organization on a volume and directions of investments or fulfillment of investment obligations provided by the legislation of the Republic of Kazakhstan on electric power industry, shall –

entail a fine on subjects of medium entrepreneurship in amount of one hundred sixty, on subjects of large entrepreneurship – in amount of eight hundred monthly calculation indices.

2. Non-provision, untimely, inaccurate or incomplete provision of reports on expenses for production and sale of electric energy and on volumes of production and sale of electric energy provided by the legislation of the Republic of Kazakhstan on electric power industry by energy producing organization, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred monthly calculation indices.

3. Non-provision, untimely, inaccurate or incomplete provision of information by energy producing, power transmission organizations, requested by the state bodies, required for carrying out of their powers provided by the legislation of the Republic of Kazakhstan on electric power industry, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred and fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship - in amount of one thousand six hundred monthly calculation indices.

4. Non-fulfillment of investment obligations by energy producing organization determined by the agreement, with the exception of cases provided by the legislation of the Republic of Kazakhstan on electric power industry, shall –

entail a fine on subjects of medium entrepreneurship in amount of five, on subjects of large entrepreneurship – in amount of ten percent of the sums not used for realization of investment obligations provided by the agreement.

5. Illegal restriction and (or) cutoff of electric and (or) heat energy shall –

entail a fine on officials, subjects of small entrepreneurship in amount of twenty-five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of seventy-five monthly calculation indices.

6. Refusal of energy producing organization from conclusion of individual contract of energy supply with a consumer, shall –

entail a fine on subjects of small entrepreneurship in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of seventy five monthly calculation indices.

Footnote. Article 172 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 173. Illegal interference of civil servants in entrepreneurial activity

Illegal interference of civil servants of the state bodies carrying out supervisory and control functions, as well as of the local executive bodies in activity of individual entrepreneurs, legal entities by issuance of illegal acts and giving of illegal orders impeding their entrepreneurial activity, shall –

entail a fine in amount of one hundred monthly calculation indices.

Article 174. Bribery of participants and organizers of professional sporting competitions and entertaining commercial tenders

1. Bribery of sportsmen, sport judges, trainers, team leaders and other participants or organizers of professional sporting competitions, and equally organizers or award panels of entertaining commercial tenders for the purpose of influencing on results of these competitions or tenders, shall –

entail a fine in amount of two hundred monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of two hundred monthly calculation indices.

3. Illegal receipt of money, securities or another property by sportsmen, transferred to them for the purpose of influencing on results of competitions, and equally illegal use of the services of property character by the sportsmen, rendered to them for the same purposes shall –

entail a fine in amount of two hundred monthly calculation indices.

4. Illegal receipt of money, securities or another property, illegal use of services of property character by sports judges, trainers, team leaders and other participants or organizers of professional sports competitions, and equally by organizers or award panels of entertaining commercial tenders for the purposes mentioned in a part three of this Article, shall –

entail a fine in amount of four hundred monthly calculation indices.

Footnote. Article 174 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 175. Violation of the procedure for conduct of inspection of subjects of private entrepreneurship

1. Violation of the procedure for inspection of subjects of private entrepreneurship, including:

1) absence of grounds for conduct of inspection;

2) absence of the act on assignment of inspection and preventive control and supervision to the subject (object) of control and supervision visit;

3) non-notification, as well as non-compliance with the terms of notification of inspection and preventive control and supervision to the subject (object) of control and supervision visit provided by Paragraph 1 of Article 147 of the Entrepreneurial Code of the Republic of Kazakhstan;

4) inspection of performing the requirements not established in the checklists of this control and supervision agency, if such requirements lies beyond the scope of the state agency on whose behalf these officials act;

5) requirement on presenting documents, information, samples of products, samples of surveying environmental objects and industrial environment objects, if they shall not be the objects of inspection or not relate to the subject of inspection;

6) selection of samples of the products, samples of surveying environmental objects and industrial environment objects for conduct of their research, test, metering without drawing up of the protocols on selection of mentioned samples, samples on established form and (or) quantity exceeding the norms, established by the national standards, rules of selecting the samples, samples and methods of their research, test, metering, technical regulations or other regulatory technical documents, rules and methods of research, test, metering being valid up to the date of their entering into force;

7) divulgation and (or) distribution of information received in a result of conduct of inspection and preventive control and supervision to the subject (object) of control and supervision visit and that is commercial or another secret protected by the Law, with the exception of cases provided by the legislation of the Republic of Kazakhstan;

8) excess of established terms for conduct of inspection and preventive control and supervision to the subject (object) of control and supervision visit, provided by Article 148 of the Entrepreneurial Code of the Republic of Kazakhstan;

9) conducting inspection and preventive control and supervision to the subject (object) of control and supervision visit, that was previously inspected or preventive control and supervision to the subject (object) of control and supervision visit by its higher (lower) agency or another state agency on the same issue for the same period, except for the cases provided by subparagraphs 3 ), 4), 8), 9) and 10) of paragraph 3 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan;

10) conduct of measures having cost-based character for the purpose of the state control on account of subjects of private entrepreneurship;

11) violation of periodicity to conduct of inspection by special procedure for conducting of inspection and preventive control and supervision to the subject (object) of control and supervision visit provided by Article 141 of the Entrepreneurial Code of the Republic of Kazakhstan;

12) non-presentation of the act of inspection to a subject being under inspection, –
shall entail a fine on official in amount of twenty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on a civil servant in amount of twenty five monthly calculation indices.

Footnote. Article 175 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016); No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 175-1. Unjustified carrying out of other forms of control and supervision with visiting of subjects of private entrepreneurship

1. Unjustified carrying out of other forms of control and supervision with visiting of subjects of private entrepreneurship shall-

entail a fine on officials in amount of twenty monthly calculation indices.

2. The action, provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on officials in amount of twenty-five monthly calculation indices.

Footnote. Chapter 14 is supplemented by Article 175-1 in accordance with the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016).

Article 176. Illegal actions in rehabilitation and bankruptcy of legal entities and individual entrepreneurs

Footnote. The title of Article 176 as amended by the Law of the Republic of Kazakhstan dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Concealing a property or property obligations, details on the property, its size, location or another information on the property, transfer of the property to another possession, alienation or destruction of the property, and equally concealing, destruction, falsification of bookkeeping and (or) accounting documentation or other documents, reflecting economic activity, if these actions committed by an individual entrepreneur - a debtor, a founder (participant), an official of a legal entity - a debtor, as well as a temporary or bankrupt or rehabilitation manager, if these actions committed during rehabilitation and bankruptcy and not have the signs of criminally punishable action, shall, –

entail a fine on an individual in amount of two hundred monthly calculation indices.

2. Illegal satisfaction of the property claims of individual creditors by an an individual entrepreneur - a debtor, a founder (participant), an official of a legal entity - a debtor, as well as a temporary or bankrupt or rehabilitation manager knowingly to the detriment of other creditors, if these actions do not contain any signs of a criminally punishable action, shall –

entail a fine on an individual in amount of one hundred and fifty, on subjects of small entrepreneurship - in amount of three hundred and fifty, on subjects of medium entrepreneurship – in amount of six hundred, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices.

Footnote. Article 176 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 176-1. Illegal actions during restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan who are not registered as an individual entrepreneur

1. Concealment of property or property obligations, information about property, its size, location or other information about property, transfer of property to other ownership, alienation or destruction of property, as well as concealment, destruction, falsification of title documents, if these actions are committed by a citizen of the Republic of Kazakhstan, not registered as an individual entrepreneur, in the procedure for restoring solvency, out–of-court or judicial bankruptcy, -

entail a fine in the amount of one hundred monthly calculation indices.

2. Unlawful satisfaction of property claims of individual creditors by a citizen of the Republic of Kazakhstan who is not registered as an individual entrepreneur, knowingly to the detriment of other creditors in the procedure of restoring solvency or judicial bankruptcy –

entails a fine in the amount of fifty monthly calculation indices.

Footnote. Chapter 14 is supplemented by Article 176-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 177. Breach of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a temporary manager

1. Non-fulfillment or improper fulfillment of the obligation to represent a conclusion on financial status of a debtor to the court, shall –

entail a fine in amount of thirty monthly calculation indices.

2. Non-fulfillment or improper fulfillment of the obligation to conduct inventory of a property mass of a bankrupt and (or) to represent a report on the inventory, shall –

entail a fine in amount of thirty monthly calculation indices.

3. Non-fulfillment or improper fulfillment of the obligation to direct a notice to the authorized body in the field of rehabilitation and bankruptcy on initiation of a case on bankruptcy and procedure for applying requirements by the creditors for its placing on a website, shall –

entail a fine in amount of fifteen monthly calculation indices.

4. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

5. Non-fulfillment or improper fulfillment of the obligation to represent current and requested information to the authorized authority in the field of rehabilitation and bankruptcy on a course of carrying out the procedure for bankruptcy, shall –

entail a warning.

6. Untimely notification of creditors on decision adopted following the results of considering the requirements applied in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, shall –

entail a fine in amount of five monthly calculation indices.

7. Non-fulfillment or improper fulfillment of the obligation on notifying the creditors on a date, time and place of holding the meeting of creditors, shall –

entail a fine in amount of five monthly calculation indices.

8. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

9. Non-fulfillment or improper fulfillment of the obligation to accept from the officials of the bankrupt the constituent documents, accounting documentation, documents of title to the property of the bankrupt, seals (if any), stamps, material and other values belonging to the bankrupt, shall -

entail a fine in amount of fifteen monthly calculation indices.

10. Non-fulfillment or improper fulfillment of the obligation to transfer constituent documents, accounting documents, documents of title to the property of the bankrupt (debtor), seals (if any), stamps, material and other valuables belonging to the bankrupt (debtor), upon transfer of powers from the interim manager to a bankruptcy manager or a debtor in the event of cancellation of a court decision on declaring the debtor bankrupt, shall -

entail a fine in amount of fifteen monthly calculation indices.

11. Non-fulfillment or improper fulfillment of the obligation to provide information on the basis of a written request of a creditor and an individual entrepreneur - bankrupt, the owner of property (the authorized authority), the founder (participant) of a legal entity – bankrupt, shall -

entail a warning.

12. Non-fulfillment or improper fulfillment of the obligation to form a register of creditors' claims, shall -

entail a fine in amount of thirty monthly calculation indices.

13. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

14. Selling of property, the value of which will significantly decrease (perishable goods, livestock and other goods requiring urgent sale) during the period before the appointment of a bankruptcy manager, in violation of the procedure established by the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", shall –

entail a fine in amount of fifteen monthly calculation indices.

15. Actions (inaction) provided by parts one, two and twelve of this Article, committed repeatedly second time within a year after imposition of administrative sanction, shall -

entail a fine in amount of sixty monthly calculation indices.

16. Actions (inaction) provided by parts three, five, six, seven and eleven of this Article, committed repeatedly second time within a year after imposition of administrative sanction, shall -

entail a fine in amount of fifteen monthly calculation indices.

17. Actions (inaction) provided by parts nine, ten and fourteen of this Article, committed repeatedly second time within a year after imposition of administrative sanction, shall-

entail a fine in amount of thirty monthly calculation indices.

Footnote. Article 177 as amended by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 178. Violation of established procedure for conduct of public biddings, auctions and tenders

Violation of established procedure for conduct of public biddings, auctions and tenders that inflicted heavy damage to the property owner, organizer of biddings or auctions, customer or another economic entity, shall –

entail a fine in amount of one hundred fifty monthly calculation indices.

Note. Heavy damage in this Article shall be considered as the damage inflicted to an individual to the sum one hundredfold exceeding the monthly calculation index, or the damage inflicted to an organization or the state to the sum, five hundredfold exceeding monthly calculation index.

Article 179. Breach of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a bank manager

1. Non-fulfillment or improper fulfillment of the obligation to conduct inventory and (or) represent a report on inventory to the Committee of creditors, shall –

entail a fine in amount of thirty monthly calculation indices.

2. Non-fulfillment or improper fulfillment of the obligation to ensure security and control of the property of a bankrupt, shall –

entail a fine in amount of thirty monthly calculation indices.

3. Non-fulfillment or improper fulfillment of the obligation to specify requirements on recovery of a debt from the persons having debts before a bankrupt in a judicial procedure, with the exception of cases established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, shall –

entail a fine in amount of fifteen monthly calculation indices.

4. Non-fulfillment or improper fulfillment of the obligation to represent current information to the authorized authority in the field of rehabilitation and bankruptcy on the course of carrying out the procedure for bankruptcy, shall –

entail a warning.

5. Non-notification or improper notification of a creditor on a date, time and place of holding meetings of and committee of creditors in the procedure of bankruptcy, shall –

entail a fine in amount of fifty monthly calculation indices.

6. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

7. Non-fulfillment or improper fulfillment of the obligation to draw up a plan for the sale of bankruptcy property or to implement it, shall -

entail a fine in amount of fifteen monthly calculation indices.

8. Non-fulfillment or improper fulfillment of the obligation to carry out settlements with creditors after the receipt of money in favor of the debtor, as well as settlements with creditors in violation of the established procedure for satisfying creditors' claims, shall –

entail a fine in amount of fifteen monthly calculation indices.

9. Non-reporting on available data to law enforcement agencies indicating the presence of signs of deliberate bankruptcy, shall –

entail a fine in amount of fifty monthly calculation indices.

10. Non-fulfillment or improper fulfillment of the obligations to detect transactions committed by a debtor or a person authorized by him (her) with violation of requirements provided by the civil legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On rehabilitation and bankruptcy”, and non-specification of requirements on recognizing them invalid or return of the property in a judicial proceeding to the property mass of a bankrupt, shall –

entail a fine in amount of thirty monthly calculation indices.

11. Payment of administrative expenses without a decision of the creditors' committee, shall –

entail a fine in amount of fifteen monthly calculation indices.

12. Non-fulfillment or improper fulfillment of the obligations to transfer constitutive documents, accounting documentation, documents of title to the property of the bankrupt, seals (if any), stamps, material and other values belonging to the bankrupt, newly appointed bankrupt manager - upon removal (release) of a bankruptcy manager, to a debtor or a rehabilitation manager - upon cancellation of a court decision on declaring the debtor bankrupt, to a buyer - upon sale of a bankrupt enterprise, shall –

entail a fine in amount of fifteen monthly calculation indices.

13. Non-representation, untimely presentation or presentation of final report that does not conform to requirements of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy to the court, shall –

entail a fine in amount of fifteen monthly calculation indices.

14. Non-fulfillment or improper fulfillment of the obligations to provide the requested information to the authorized authority in the field of rehabilitation and bankruptcy, shall –

entail a warning.

15. Failure to notify or untimely notice of a creditor on the course of carrying out the procedure for bankruptcy, financial status of the debtor on the basis of his (her) written request, shall –

entail a warning.

16. Untimely application to a creditor on setoff of requirements on the basis of decision of the creditors’ committee, shall –

entail a fine in amount of five monthly calculation indices.

17. Non-fulfillment or improper fulfillment of the obligations on request of information from the state authorities, individuals and legal entities on a bankrupt, property belonging to him/her (belonged) and copies of confirming documents, shall –

entail a warning.

18. Non-reference to the court in the cases established by the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", with a claim for bringing persons to subsidiary liability and collecting amounts, shall –

entail a fine in amount of thirty monthly calculation indices.

19. Non-fulfillment or improper fulfillment of the obligations on provision of a copy of the court act to the creditors’ committee concerning the interests of a bankrupt and his (her) creditors for consideration of the question of appealing, unless otherwise established by the agreement on conducting bankruptcy proceedings with a bankrupt manager, shall, –

entail a fine in amount of five monthly calculation indices.

20. Non-fulfillment or improper fulfillment of obligations on acceptance of constituent documents, accounting documents, entitling documents for a bankrupt’s property, seals (if any), stamps, material and other values belonging to the bankrupt, shall –

entail a fine in amount of fifteen monthly calculation indices.

21. Untimely sending applications for closing bankrupt bank accounts, destruction of the seal (if any) of a bankrupt to a bank, an organization carrying out certain types of banking operations, shall –

entail a fine in amount of fifteen monthly calculation indices.

22. The actions (inaction), provided by parts four, five, fourteen, - seventeen and nineteen of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, –

entail a fine in amount of fifteen monthly calculation indices.

23. Actions (inaction) provided by parts three, seven, eight, eleven, twelve, thirteen, twenty and twenty one of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of thirty monthly calculation indices.

24. Actions (inaction), provided by parts one, two, ten and eighteen of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine in amount of sixty monthly calculation indices.

25. Action provided by part nine of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine in amount of one hundred monthly calculation indices.

Footnote. Article 179 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 180. Breach of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a temporary administrator

1. Non-fulfillment or improper fulfillment of the obligation to announcements on the initiation of rehabilitation proceedings and procedure for filing claims by creditors to the authorized authority in the field of rehabilitation and bankruptcy for placing on its website, shall –

entail a fine in amount of five monthly calculation indices.

2. Violation of the procedure for formation of a register of creditors' claims established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, shall –

entail a fine in amount of thirty monthly calculation indices.

3. Non-fulfillment or improper fulfillment of the obligation to direct an opinion on financial stability of the debtor, shall –

entail a fine in amount of thirty monthly calculation indices.

4. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
5. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

6. Non-fulfillment or improper fulfillment of the obligation to consider requirements of the creditors and bring the results of consideration to them, shall –

entail a fine in amount of five monthly calculation indices.

7. Non-fulfillment or improper fulfillment of the obligation to notify the creditors on place and date of holding the creditors’ meeting, shall –

entail a fine in amount of five monthly calculation indices.

8. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

9. Actions (inaction), provided by parts one, six and seven of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of fifteen monthly calculation indices.

10. Actions (inaction) provided by parts two and three of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of sixty monthly calculation indices.

Footnote. Article 180 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 181. Breach of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy by a rehabilitation manager

1. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
2. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

3. Non-fulfillment or improper fulfillment of the obligation to accept a debtor’s property in management and to ensure its protection and control, shall –

entail a fine in amount of thirty monthly calculation indices.

4. Non-fulfillment or improper fulfillment of a rehabilitation plan, shall –

entail a fine in amount of fifty monthly calculation indices.

5. Non-fulfillment or improper fulfillment of the obligation to provide current information to the authorized authority in the field of rehabilitation and bankruptcy on the course of carrying out the rehabilitative procedure, shall –

entail a warning.

6. Non-notifying or improper notification of a creditor on date, time and place of holding the meeting and creditors committee in rehabilitative procedure, shall –

entail a fine in amount of five monthly calculation indices.

7. Non-fulfillment or improper fulfillment of the obligation to transfer of constituent documents, accounting documents, entitling documents for a bankrupt’s property, seals (if any), stamps, material to the newly appointed rehabilitation manager or bankruptcy manager and other values belonging to the bankrupt, shall –

entail a fine in amount of fifteen monthly calculation indices.

8. Commission of transactions outside regular commercial operations not provided by the rehabilitation plan, in a rehabilitative procedure without a consent of the creditors’ meeting, shall –

entail a fine in amount of thirty monthly calculation indices.

9. Non-representation, untimely presentation or presentation of final report to the court that does not conform to requirements of the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, shall –

entail a fine in amount of fifteen monthly calculation indices.

10. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

11. Non-fulfillment or improper fulfillment of the obligation to represent information to a debtor’s creditor on the course of carrying out the activity, financial status of the debtor on the basis of his (her) written request, shall –

entail a warning.

12. Non-fulfillment or improper fulfillment of the obligation to provide requested information to the authorized authority in the field of rehabilitation and bankruptcy, shall ––

entail a warning.

13. Non-fulfillment or improper fulfillment of the obligation to file a petition in court on introduction of amendments and additions in a rehabilitation plan, shall –

entail a fine in amount of thirty monthly calculation indices.

14. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

15. Non-fulfillment or improper fulfillment of the obligation to bring the information to the notice of members of the creditors’ committee on financial status, transactions made for the previous month, as well as on provision of information at the request of the creditors' committee, shall –

entail a fine in amount of fifteen monthly calculation indices.

16. Non-fulfillment or improper fulfillment of the obligation to detect transactions committed by a debtor or a person authorized by him (her) with a violation of requirements provided by the civil legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On rehabilitation and bankruptcy”, and non-specification of requirements on recognizing them invalid or return of the property in a judicial proceeding, shall –

entail a fine in amount of thirty monthly calculation indices.

17. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

18. Commission of transactions entailing increase of credit indebtedness, if a total sum of the credit indebtedness that occurred after applying rehabilitative procedure increases five percent of the total sum of the credit indebtedness to the date of introduction of rehabilitative procedure without approval of the creditors’ meeting, shall –

entail a fine in amount of fifty monthly calculation indices.

19. Actions (inaction), provided by parts five, six, eleven and twelve of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of fifteen monthly calculation indices.

20. Actions (inaction) provided by parts seven, nine and fifteen of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of thirty monthly calculation indices.

21. Actions (inaction) provided by parts three, eighth, thirteenth and sixteenth of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of sixty monthly calculation indices.

22. Actions (inaction) provided by parts four and eighteen of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine in amount of one hundred monthly calculation indices.

Footnote. Article 181 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 181-1. Violation of the legislation of the Republic of Kazakhstan on restoration of solvency and bankruptcy of citizens by a financial manager

1. Non-fulfillment or improper fulfillment by the financial manager of the obligations to send to the authorized body in the field of public administration for restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan an announcement on initiation of proceedings on the application of the procedure for restoring solvency or judicial bankruptcy and the procedure for filing claims by creditors, the register of creditors' claims, formed in accordance with the established procedure, for posting on its Internet resource, as well as untimely decision–making based on the results of consideration of the creditors' claims -

entail a fine in the amount of five monthly calculation indices.

2. Non-fulfillment by the financial manager of the obligations to conduct an inventory, property assessment, acceptance from the debtor of title documents for his property, his property into his management, as well as failure to take measures to return the property to the debtor's estate when identifying transactions made by the debtor in violation of the requirements provided for by the civil legislation of the Republic of Kazakhstan, before the initiation of proceedings on the application of the procedure for restoring solvency or judicial bankruptcy –

entails a fine in the amount of fifteen monthly calculation indices.

3. Failure to submit or late submission to the court of the financial manager's opinion, the conclusion on the existence or absence of grounds for termination of the bankrupt's obligations, the final report, as well as the final plan for restoring the debtor's solvency to the court and creditors whose claims are included in the register of creditors' claims –

entails a fine in the amount of ten monthly calculation indices.

4. Failure to fulfill the obligation to provide information on the progress of the development of the solvency recovery plan to the creditor on the basis of his written request –

entails a warning.

5. Alienation by the financial manager of the debtor's estate, settlements with creditors in violation of the established procedure provided for by the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan", as well as the procedure for conducting an electronic auction for the sale of the debtor's property determined by the authorized body in the field of public administration for restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan, –

entail a fine in the amount of thirty monthly calculation indices.

6. The unlawful satisfaction of the property claims of individual creditors by the financial manager knowingly to the detriment of other creditors, if this action is committed during a judicial bankruptcy and does not contain signs of a criminal offense, –

entails a fine in the amount of fifty monthly calculation indices.

7. Actions (inaction) provided for in parts one and four of this Article, committed repeatedly within a year after the imposition of an administrative penalty,

entail a fine in the amount of fifteen monthly calculation indices.

8. Actions (inaction) provided for in part two of this Article, committed repeatedly within a year after the imposition of an administrative penalty,

entail a fine in the amount of fifty monthly calculation indices.

9. The action (inaction) provided for 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 sixty monthly calculation indices.

10. The actions provided for in parts five and six of this Article, committed repeatedly within a year after the imposition of an administrative penalty,

entail a fine in the amount of one hundred monthly calculation indices.

Footnote. Chapter 14 is supplemented by Article 181-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 182. Deliberate bankruptcy

1. Deliberate bankruptcy of a legal entity or an individual entrepreneur, that is, actions of the founder (participant), an official, a person performing the functions of managing a legal entity, as well as an individual entrepreneur, committed in the personal interests or interests of other persons in order to evade obligations to creditors by alienation or concealment of property for three years before recognition of a legal entity or an individual entrepreneur as bankrupt, if these actions do not contain signs of a criminally punishable act, –

entails a fine on an individual in the amount of two hundred monthly calculation indices, on a legal entity – in the amount of four hundred monthly calculation indices.

2. Deliberate bankruptcy of a citizen, that is, actions of a citizen committed within three years prior to the date of his recognition as bankrupt in order to evade fulfillment of obligations to creditors by alienation or concealment of property after the date of occurrence of obligations, non–fulfillment of which is recognized as the basis for bankruptcy, -

entails a fine in the amount of two hundred monthly calculation indices.

Footnote. Article 182 as amended by the Law of the Republic of Kazakhstan dated 30.12.2022 No. 180-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 183. False bankruptcy

Footnote. Article 183 is excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 184. Breach of the legislation of the Republic of Kazakhstan on valuation activity

1. Late submission or non-submission, as well as submission of unreliable information in the form established by the authorized agency in the field of valuation activity, –

shall entail a fine in amount of twenty monthly calculation indices.

2. Non-elimination by the Chamber of Evaluators of breaches of the legislation of the Republic of Kazakhstan on valuation activity identified during the inspection by the authorized agency in the field of valuation activities, –

shall entail a fine in amount of forty monthly calculation indices.

3. The actions (inactions) committed repeatedly second time within a year after imposition of administrative sanction, provided by part two of this Article, –

shall entail a fine in amount of eighty monthly calculation indices.

Footnote. Article 184 is in the wording of the Law of the Republic of Kazakhstan No. 134-VI dated 10.01.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 185. Violation of the obligation to protect commercial, banking secret, details of credit reports or information from database of creditor histories of a credit bureau

Violation of the obligation to protect details containing commercial, banking secret, details of credit reports or information received from database of creditor histories of a credit bureau without the consent of their owner by a person who became known due to professional or official activity, if this action does not contain the signs of criminally punishable act, shall –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 185 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 186. Violation of the obligation to protect secret of insurance or pension savings or secret of extending microcredit

Violation of the obligation to protect details containing secret of insurance or pension savings or secret of extending microcredit without the consent of their owner by a person that became known on them due to professional or official activity, shall –

entail a fine in amount of fifty monthly calculation indices.

Article 187. Breach of the legislation of the Republic of Kazakhstan on tourist activity

1. Non-presentation, untimely presentation or incomplete presentation of details by persons carrying out touristic activity on special aspects of the travels, dangers that they may face upon travelling mentioned in rules of rendering of touristic services, or non-carrying out of prevention measures oriented to safety ensuring of the tourists, shall –

entail a fine on subjects of small entrepreneurship in amount of seventeen, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Rendering of touristic services by persons carrying out the touristic activity without conclusion of written contract for tourist services, shall –

entail a fine on subjects of small entrepreneurship in amount of seventeen, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices, with suspension of license validity term.

3. Action (omission) provided by parts one and two of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of thirty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with deprivation of a license.

4. Non-provision or untimely provision of information by persons carrying out touristic activity to the state bodies concerned and a family of a tourist on emergency situations with tourists during travels, shall –

entail a fine on subjects of small entrepreneurship in amount of thirty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with deprivation of a license.

5. Action (omission) provided by a part four of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of seventy five, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices, with deprivation of a license.

Article 188. Non-provision or untimely provision of information on initiation of a case in court on a corporate dispute

Footnote. Article 188 is excluded by the RK Law dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 189. Violation of the procedure and terms for considering references of individuals and legal entities

Footnote. Article 189 was excluded by the Law of the Republic of Kazakhstan dated 29.06.2020 No. 351-VI (shall be enforced from 01.07.2021).

Chapter 15. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF TRADE AND FINANCES

Article 190. Violation of the legislation of the Republic of Kazakhstan on protection of consumer rights

1. False measurement, false weighting, cheating in accounts, false suggestion in respect of application characteristics or quality of goods (work, service) or another consumer fraud by individual entrepreneurs or organizations carrying out trading activity and rendering of services, shall –

entail a fine on individuals in the amount of ten, on the subjects of small entrepreneurship – in the amount of twenty, on the subjects of medium entrepreneurship – in the amount of thirty, on the subjects of large entrepreneurship – in the amount of fifty monthly calculation indices.

2. The actions provided for by part one of this Article committed repeatedly within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of thirty, on the subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of seventy-five, on the subjects of large entrepreneurship – in the amount of one hundred monthly calculation indices, with deprivation of a license and suspension or prohibition of activities for up to three years.

3. The actions provided for by part one of this Article that entailed infliction of substantial damage, shall –

entail a fine on individuals in the amount of thirty, on the subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of seventy-five, on the subjects of large entrepreneurship – in the amount of one hundred monthly calculation indices, with deprivation of a license or suspension or prohibition of activities for the period of up to three years.

4. Actions provided for by part one of this Article that caused major damage, –

entail a fine on individuals in the amount of fifty, on the subjects of small entrepreneurship – in the amount of seventy-five, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices, with deprivation of a license or suspension or prohibition of activities for the period of up to three years.

5. Failuire to fulfill by a seller (manufacturer, performer) of obligations on:

1) posting information, in Kazakh and Russian languages, about the contact details of the seller (manufacturer, performer), the authorized body in the field of consumer protection and subjects of pre-trial settlement of consumer disputes, as well as information on the consumer's right to apply to them for the restoration of their violated rights and legitimate interests;

2) ensuring the exchange or return of goods of both proper and inadequate quality within the time period established by the legislation of the Republic of Kazakhstan on consumer protection;

3) submission of a written response to the claim for the elimination of violations of the rights and legitimate interests of the consumer within the time period established by the legislation of the Republic of Kazakhstan on the protection of consumer rights, shall –

entail a warning.

6. The act provided for by part five of this article, committed repeatedly within a year after the imposition of an administrative penalty, shall –

entail a fine on individuals in the amount of ten, on the subjects of small entrepreneurship – in the amount of twenty, on the subjects of medium entrepreneurship – in the amount of thirty, on the subjects of large entrepreneurship – in the amount of fifty monthly calculation indices.

Note. For the purposes of this Article, the significant damage shall be recognized to be the amount exceeding one monthly calculation index, a major amount of damage – the amount not less than three monthly calculation indices.

Footnote. Article 190 as amended by the Law of the Republic of Kazakhstan dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 190-1. Violation of the requirements of the legislation of the Republic of Kazakhstan for the sale of jewelry and other items made of precious metals and precious stones

1. Violation of requirements of the legislation of the Republic of Kazakhstan, committed in the form of sale of jewelry and other items made of precious metals and precious stones without the presence of a hallmark, as well as an imprint of the nameplate, given by the subject of production of jewelry and other items made of precious metals and precious stones on produced by them jewelry and other items, made of precious metals and precious stones, shall -

entail a fine on individuals in amount of fifty, on officials, subjects of small entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred and fifty monthly calculation indices.

2. The action, provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall-

entail a fine on individuals in amount of eighty, on officials, subjects of small entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred and fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Chapter 15 is supplemented by Article 190-1 in accordance with the Law of the Republic of Kazakhstan dated 14.01.2016 No. 445-V (shall be enforced upon expiry of six months after its first official publication).

Article 191. Violation of the procedure for acquisition, storage, recording, transportation and trade of civil and service weapons and cartridges to them

Footnote. Article 191 is excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 192. Violation of procedure for selling special technical means

Sale of special technical means intended for conduct of the special operational-investigative means to persons that do not have the relevant permission, except for the state bodies authorized to carry out operative-investigative activity, shall –

entail a fine in amount of forty monthly calculation indices.

Article 193. Breach of the legislation of the Republic of Kazakhstan on regulation of trading activity

1. Non-provision of required information upon request of a consumer on goods, place of origin, producers, application characteristics, guarantee obligations and procedure for submission of claims, shall –

entail a notification or fine on individuals in amount of two, on subjects of small entrepreneurship – in amount of six, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

2. Unlawful use of official document certifying conformance of the goods to safety requirements, shall –

entail a fine on individuals in amount of seven, on subjects of small entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices, with a confiscation of goods or without such.

3. Commission of actions (omission) provided by parts one and two of this article repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred twenty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices, with a confiscation of goods or without such.

4. The sale on the territory of the Republic of Kazakhstan without indicating cost of the goods with a price tag in tenge exhibited on the inside and outside shop windows of a trading facility, or the sale on the territory of the Republic of Kazakhstan of goods which value exceeds cost of the goods with a price tag exhibited on the inside and outside shop windows of a trading facility, or an indication of the cost of the goods not in tenge when it is sold on the territory of the Republic of Kazakhstan on the terms of a public contract, shall –

entail a fine on the subjects of small entrepreneurship in the amount of шести, on the subjects of medium entrepreneurship – in the amount of ten, on the subjects of large entrepreneurship – in the amount of thirty monthly calculation indices.

5. The action provided by part four of this Article, committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on subjects of small entrepreneurship in amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred and twenty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 193 as amended by the Law of the Republic of Kazakhstan No. 215-VІ dated 08.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 194. Refusal in acceptance of payments with use of charge cards

1. Refusal to accept payments and (or) transfers, using payment cards by an individual entrepreneur or a legal entity, obliged to accept them when carrying out trade activities (performing work, rendering services) on the territory of the Republic of Kazakhstan, shall -

entail a notification.

2. The act provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 194 as amended by the Law of the Republic of Kazakhstan dated 30.11.2016 No. 26-VI (shall be enforced from 01.01.2017).

Article 195. Absence of equipment (device) at an individual entrepreneur or legal entity intended for making payments with use of charge cards

1. Absence of equipment (device) at an individual entrepreneur or legal entity being obliged to accept payments with use of charge cards upon carrying out of trading activity (performance of works, rendering of services) in a territory of the Republic of Kazakhstan, intended for making payments with use of charge cards, shall –

entail a notification.

2. The act provided by a part one of this Article committed by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of eighty monthly calculation indices.

Article 196. Illegal trade in goods or other subjects

Trade in goods and other subjects, the open trade of which is prohibited or restricted by the legislation of the Republic of Kazakhstan, shall – entail a fine in amount of twenty five monthly calculation indices.

Article 197. Use of mark of tobacco product, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them

1. Intended distribution, exhibition, sale of any goods having a mark of tobacco product, except for the tobacco products themselves, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, or any package, packing in which the tobacco product is sold or transported, shall –

entail a fine on individuals in the amount of twenty, on the subjects of small entrepreneurship – in the amount of forty, on the subjects of medium entrepreneurship – in the amount of fifty, on the subjects of large entrepreneurship – in the amount of seventy monthly calculation indices.

2. The actions provided for by a part one of this Article committed repeatedly within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of twenty-five, on the subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of one hundred fifty monthly calculation indices.

Footnote. Article 197 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 198. Violation of requirements of the legislation on information on tobacco and tobacco products

1. Violation of requirements of the legislation on information on tobacco and tobacco products, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Article 199. Article 199. Violation of requirements of the legislation of the Republic of Kazakhstan пon selling tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, sponsorship of tobacco, tobacco products, as well as on production, sale and distribution of goods imitating tobacco products including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them

Footnote. The heading of Article 199 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. Violation of the requirements of the legislation of the Republic of Kazakhstan on the sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, except for cases provided for by the Articles 133 and 423-1 of this Code, shall –

entail a fine on individuals in the amount of fifteen, on the subjects of small entrepreneurship – in the amount of thirty, on the subjects of medium entrepreneurship – in the amount of fifty, on the subjects of large entrepreneurship – in the amount of seventy monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of twenty, on the subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of one hundred and twenty monthly calculation indices.

3. sponsorship of tobacco, tobacco products, as well as on production, sale and distribution of goods imitating tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, shall –

entail a fine on individuals in the amount of ten, on the subjects of small entrepreneurship – in the amount of fifteen, on the subjects of medium entrepreneurship – in the amount of twenty, on the subjects of large entrepreneurship – in the amount of forty monthly calculation indices.

4. The actions provided by a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of twenty, on the subjects of small entrepreneurship – in the amount of twenty-five, on the subjects of medium entrepreneurship – in the amount of thirty, on the subjects of large entrepreneurship – in the amount of sixty monthly calculation indices.

Footnote. Article 199 as amended by the Law of the Republic of Kazakhstan dated 06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 200. Violation of requirements of the legislation of the Republic of Kazakhstan on selling alcoholic products

1. Sale of alcoholic products to persons under twenty one years, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship - in amount of one hundred and twenty monthly calculation indices, with suspension of a license.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship - in amount of eighty, on subjects of medium entrepreneurship – in amount of one hundred and forty, on subjects of large entrepreneurship - in amount of one hundred and eighty monthly calculation indices, with deprivation of a license.

3. Retail sale of alcoholic beverages, with the exception of it sales in restaurants, bars and cafes, as well as on passenger aircraft, passenger ships of sea transport, in restaurant carriages of passenger trains:

from 23 to 8 hours of next day;

with ethyl alcohol volume ratio more than thirty percent from 21 to 12 hours of next day, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship - in amount of one hundred and twenty monthly calculation indices, with suspension of a license.

4. The action provided by a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship - in amount of eighty, on subjects of medium entrepreneurship – in amount of one hundred and forty, on subjects of large entrepreneurship - in amount of one hundred and eighty monthly calculation indices, with deprivation of a license.

Footnote. Article 200 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28. 12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.04.2019 No. 249-VI (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication).

Article 201. Access restriction of goods to the trade networks or large retail facilities

1. Access restriction of goods to the trade networks or large retail facilities by subjects of trade activity carrying out the activity on selling the goods by organizing the trade network or large retail facilities, being expressed in unreasonable refusal from conclusion of agreement for supply of goods or in conclusion of the contract having knowingly discriminatory character and containing conditions on:

1) prohibition for a subject of trade activity to conclude the agreements for supply of goods with other subjects of the trade activity carrying out the same activity, as well as with other subjects of trade activity on the same or another conditions;

2) requirement to provide details by a subject of trade activity carrying out supply of goods on concluded contracts with other subjects of trade activity carrying out the same activity, shall –

entail a fine in amount of one hundred monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of two hundred monthly calculation indices.

Footnote. Article 201 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 202. Excess of size of maximum admissible consumer prices to socially significant food commodities

1. Excess of size of maximum admissible consumer prices to socially significant food commodities by subjects of internal trade in accordance with the legislation of the Republic of Kazakhstan on regulation of trade activity,–

shall entail a fine in amount of one hundred monthly calculation indices.

2. The action provided by part one of this Article, committed repeatedly second time within a year after imposition of administrative sanction, -shall entail a fine in amount of two hundred monthly calculation indices.

3. Failure by the administrator of a trading market to inform the subjects of internal trade of the size of the maximum permissible retail prices for socially significant food products in the trading markets in writing, shall –

entail a warning.

4. The act provided for by part three of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall –

entail a fine in the amount of twenty-five monthly calculation indices.

Footnote. Article 202 is in the wording of the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (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 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 203. Sale of goods without documents

1. Sale of goods by individual entrepreneurs and organizations carrying out trade activity without documents containing details on the country of origin, producer, supplier or seller or trustworthy and sufficient information on goods (service) in Kazakh and Russian languages, with the exception of the cases provided by Articles 415 and 416 of this Code, shall –

entail a fine on subjects of small entrepreneurship in amount of forty five, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of ninety, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

Article 204. Trade at undisclosed places

1. Trade outside the places established by a local executive body, shall –

entail a notification or fine in amount of five monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of ten monthly calculation indices.

Article 204-1. Violation of the legislation of the Republic of Kazakhstan on the regulation of trading activities when accepting and selling second hand non-food products

1. The violation by a subject of internal trade of the legislation of the Republic of Kazakhstan on the regulation of trading activities when accepting and selling second hand non-food products, if these actions do not contain elements of a criminally punishable act committed in the form of:

1) sale of second hand non-food products in non-stationary trade facilities, with the exception of non-stationary trade facilities, the places and (or) routes of which are approved by local executive bodies;

2) non-fulfillment or improper fulfillment of the obligation to keep records of accepted and sold second hand non-food products, in the manner determined by the rules of internal trade;

3) violation of the obligation to store information on accepted and sold second hand non-food products for one calendar year, shall –

entail a warning.

2. The acts provided for by part one of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall –

entail a fine on the subjects of small entrepreneurship in the amount of ten, on the subjects of medium entrepreneurship – in the amount of twenty, on the subjects of large entrepreneurship – in the amount of fifty monthly calculation indices.

Footnote. Chapter 15 was supplemented with Article 204-1 in accordance with the Law of the Republic of Kazakhstan dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 204-2. Violation of the legislation of the Republic of Kazakhstan on the regulation of trade activities on the organization of the activities of trade markets

1. The absence of the market regulations approved by the administrator of the trading market, as well as the failure to indicate in it:

1) information on the mode of operation of the trading market and the procedure for access to the trading market of internal trade entities, buyers and employees of the administration of the trading market;

2) the list of additional services provided by the trade market (if any);

3) the procedure for providing trading places to internal trade entities, their characteristics, the terms of a property lease (rental) agreement, shall –

entail a warning.

2. The actions provided for by part one of this Article, committed repeatedly within one year after imposition of an administrative sanction shall –

entail a fine in the amount of twenty-five monthly calculation indices.

Footnote. Chapter 15 was supplemented with Article 204-2 in accordance with the Law of the Republic of Kazakhstan dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 204-3. Exceeding the amount of remuneration from the cost of purchased food products when concluding an agreement for the supply of food products or illegal demand for remuneration in connection with the purchase of socially significant food products

1. Exceeding by the subject of internal trade, carrying out activities in selling goods through the organization of a trading network or large trading facilities, a five percent amount of remuneration from the cost of purchased food products when concluding an agreement for the supply of food products with a supplier of food products or illegal demand by them of remuneration in connection with the purchase of socially significant food products, shall –

entail a warning.

2. The actions provided for by part one of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall –

entail a fine in the amount of three hundred monthly calculation indices.

Footnote. Chapter 15 was supplemented with Article 204-3 in accordance with the Law of the Republic of Kazakhstan dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 204-4. Exceeding the amount of the trade markup for socially significant food products

1. Exceeding by the subject of internal trade of the amount of the trade markup for socially significant food products, established by the legislation of the Republic of Kazakhstan on the regulation of trading activities, shall –

entail a warning.

2. The act provided for by part one of this Article, committed repeatedly within one year after the imposition of an administrative penalty, shall –

entail a fine on the subjects of small entrepreneurship in the amount of ten, on the subjects of medium entrepreneurship – in the amount of seventy-five, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

Footnote. Chapter 15 was supplemented with Article 204-4 in accordance with the Law of the Republic of Kazakhstan dated 25.06.2020 No. 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 205. Untimely or incomplete payment of non-tax payments and proceeds from the sale of fixed capital to the budget, except for proceeds from related grants

1. Untimely payment of non-tax payments and proceeds from the sale of fixed capital to the budget, except for proceeds from related grants, shall –

entail a warning.

2. Incomplete payment of non-tax payments and proceeds from the sale of fixed capital to the budget, except for proceeds from related grants, shall –

entail a fine on individuals in amount of ten percent of the sum of unfulfilled obligation, but not less than five monthly calculation indices, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty percent of the sum of unfulfilled obligation, but not less than fifteen monthly calculation indices, on subjects of medium entrepreneurship - in amount of fifty percent of the sum of unfulfilled obligation, but not less than thirty monthly calculation indices, on the subjects of large entrepreneurship - in amount of one hundred percent of the sum of unfulfilled obligation, but not less than fifty monthly calculation indices.

3. Action provided by part one of this Article, committed repeatedly second time within a year after the imposition of an administrative sanction, shall –

entail a fine on individuals in amount of ten percent of the sum of unfulfilled obligation, but not less than five monthly calculation indices, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty percent of the sum of unfulfilled obligation, but not less than fifteen monthly calculation indices, on subjects of medium entrepreneurship - in amount of fifty percent of the sum of unfulfilled obligation, but not less than thirty monthly calculation indices, on the subjects of large entrepreneurship - in amount of one hundred percent of the sum of unfulfilled obligation, but not less than fifty monthly calculation indices.

Footnote. Article 205 is in the wording of the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar d

Article 206. Refusal to accept banknotes and coins of national currency

1. Refusal to accept banknotes and coins of national currency at face value, being in circulation on the territory of the Republic of Kazakhstan, that are legal means of payment, shall –

entail a notification.

2. The action, provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall -

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship - in amount of twenty-five monthly calculation indices.

3.Refusal to accept, change and exchange banknotes and coins of national currency, being in circulation on the territory of the Republic of Kazakhstan and subject to acceptance on all types of payments by banks, the National post operator shall –

entail a fine in amount of fifty monthly calculation indices.

Notes.

1. Banknotes and coins of national currency of the Republic of Kazakhstan shall not be legal means of payment in the following cases:

1) if they have obvious signs of forgery;

2) if the banknotes and coins are non-payment ones.

2. Subjects of private entrepreneurship (with the exception of banks, the National post operator), non-profit organizations do not bear liability, provided in this Article for refusing to accept worn banknotes and defective (damaged) coins.

3. Banks and the National post operator shall not be subject to administrative liability, provided in parts one and two of this Article for refusing to accept notes and coins of national currency, being in circulation on the territory of the Republic of Kazakhstan, which are legal means of payment.

Footnote. Article 206 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 207. Breach of the legislation of the Republic of Kazakhstan on state procurements

1. Breach of requirements of the legislation of the Republic of Kazakhstan on state procurements to the tender documentation (auction documentation) or in the information, placed upon carrying out of state procurements by a method of requesting price proposals, by establishing any non-measured quantitatively and (or) non-administered requirements for potential suppliers or specifying characteristics, determining the ownership of the acquired goods, works, services to individual potential suppliers, with the exception of cases, provided by the legislation of the Republic of Kazakhstan on state procurements, –

shall entail a fine on officials in amount of fifty monthly calculation indices.

2. Non-consideration or untimely consideration of comments to the draft of tender documentation (auction documentation), requests for clarification of the provisions of tender documentation (auction documentation), received in the framework of preliminary discussion of the draft of tender documentation (auction documentation), as well as non-placement or untimely placement of the protocol of preliminary discussion of the draft of tender documentation (auction documentation) upon availability of comments and requests for clarification to them, on the web portal of state procurements, as well as of the text of tender documentation (auction documentation), with the exception of cases provided by the legislation of the Republic of Kazakhstan on state procurements, -

shall entail a fine on officials in amount of thirty monthly calculation indices.

3. Refusal to carry out state procurements in cases not provided by the legislation of the Republic of Kazakhstan on state procurements, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

4. Direction of a request and other actions of the tender commission (auction commission) associated with the addition of the application for participation in the tender (auction) with missing documents, replacement of documents submitted in the application for participation in the tender (auction), bringing in compliance of inadequately filled documents, after the expiry of the term for bringing applications for participation in the tender (auction) in accordance with the qualification requirements and requirements of the tender documentation (auction documentation), provided by the legislation of the Republic of Kazakhstan on state procurements, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

5. Establishment of qualification requirements, not provided by the legislation of the Republic of Kazakhstan on state procurements in tender documentation (auction documentation) to potential suppliers and (or) subcontractors (co-executors) of works or services, –

shall entail a fine on officials in amount of fifty monthly calculation indices.

6. Violation of the requirements of the legislation of the Republic of Kazakhstan on state procurements in part of non-application of criteria, affecting the competitive price proposal as well as their miscalculation –

shall entail a fine on officials in amount of fifty monthly calculation indices.

7. Recognition of the potential supplier and (or) attracted by him subcontractors (co-executors) of the works or services, with inadequate qualification requirements and (or) requirements of the competitive documentation (auction documentation) on the grounds not provided by the legislation of the Republic of Kazakhstan on state procurements, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

8. Non-separation of goods, works, services into lots according to their homogeneous types and place of their delivery (performance, rendering), upon carrying out state procurements except for the cases provided by the legislation of the Republic of Kazakhstan on state procurement,–

shall entail a fine on officials in amount of ten monthly calculation indices.

9. Preparation by an expert commission or an expert of deliberately false expert opinion, on the basis of which an illegal decision was made by a tender commission (auction commission), –

shall entail a fine in amount of fifty monthly calculation indices.

10. Non-appeal or untimely appeal of the customer to the court with a claim on recognition of potential suppliers, suppliers as dishonest participants of state procurements in the following cases:

1) provision of unreliable information on qualification requirements and (or) documents affecting the competitive price proposal by a potential supplier or supplier;

2) non-fulfillment of obligations under the concluded contract on state procurements by the supplier;

3) improper fulfillment of obligations under the concluded contract on state procurements by the supplier, with the exception of cases provided by the legislation of the Republic of Kazakhstan on state procurement, –

shall entail a fine on officials in amount of thirty monthly calculation indices.

11. State procurements in one-source way by direct concluding of a contract on state procurements in cases not provided by the legislation of the Republic of Kazakhstan on state procurements, as well as acquisition of goods, works, services not provided by approved annual state procurement plan (preliminary annual state procurement plan), except for cases provided by the legislation of the Republic of Kazakhstan on state procurement, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

12. Non-indication in the protocols of the preliminary admission to participate in the tender (auction), on the results of state procurements in the manner of the tender (auction), of a detailed description of the reasons for rejecting the application of the potential supplier for participation in the tender (auction), including information and documents confirming its non-compliance with qualification requirements and requirements of the competitive documentation (auction documentation), –

shall entail a fine on officials in amount of ten monthly calculation indices.

13. Non- placement or untimely placement of annual state procurement plan (preliminary annual state procurement plan) or amendments and (or) additions to the annual state procurement plan (preliminary annual state procurement plan) on state procurement web portal, with the exception of accordance with the legislation of the Republic of Kazakhstan on classified information and (or) containing information of limited distribution, as well as approval (clarification) of annual state procurement plan in amount not in line with the budget (development plan) or individual financing plan in aggregate according to the specifics of economic classification (expenditure items) for which state procurement contracts shall be required, –

shall entail a fine on officials in amount of fifteen monthly calculation indices.

14. Late consideration of applications from potential suppliers for participation in the tender (auction), as well as untimely placement of the preliminary admission protocol and (or) the results of protocol –

shall entail a fine on officials in amount of thirty monthly calculation indices.

15. The actions (inaction), provided by parts one and six of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

16. The actions (inaction), provided by parts two, ten and thirteen of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, –

shall entail a fine on officials in amount of sixty monthly calculation indices.

17. The action, provided by part nine of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, –

shall entail a fine on officials in amount of one hundred monthly calculation indices.

18. The actions (inaction), provided by parts three and eleven of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, –

shall entail a fine on officials in amount of two hundred monthly calculation indices.

Notes.

1. The officials in this Article shall be understood as follows:

1) in part one - the first leader or responsible secretary or another exercising the powers of a responsible secretary of an official, determined by the President of the Republic of Kazakhstan, organizer of state procurements, single organizer of state procurement, customer or persons performing their duties, and (or) persons directly involved in development of tender documentation (auction documentation);

2) in part two - the first leaders of the organizer of state procurements, single organizer of state procurement, customer or persons performing their duties, responsible for implementation of procedures for organizing and conducting state procurements;

3) in parts three, eight, ten, eleven, thirteen - the first leader or responsible secretary or another exercising the powers of a responsible secretary of an official, determined by the President of the Republic of Kazakhstan, customer or person performing his duties;

4) in parts four and fourteen - the chairman of the tender commission (auction commission), as well as members and secretary of the tender commission (auction commission);

5) in part five - the first leader or responsible secretary or another exercising the powers of a responsible secretary of an official, determined by the President of the Republic of Kazakhstan, customer or person performing his duties, first leader of single organizer of state procurement or person performing his duties;

6) in parts six, seven and twelve - the chairman of the tender commission (auction commission), as well as members of the tender commission (auction commission).

2. An official shall not be brought to administrative responsibility, provided by this Article in event of self-imposed elimination of violations, revealed on the results of desk control within ten working days from the date, following the day of delivery of a notification on elimination of violations, identified on the results of a desk control to the control object.

Footnote. Article 207 is in the wording of the Law of the Republic of Kazakhstan No. 202-VI dated 26.12.2018 (shall be enforced from 01.01.2019).

Article 207-1. Violation of the procedure for procurement of goods, works, services of national management holdings, national holdings, national companies and organizations, fifty or more percent of the voting shares (stakes in the authorized capital) of which directly or indirectly belong to the national management holding, national holding, national company

1. Establishment in the tender documentation (auction documentation) for potential suppliers of qualification requirements not provided by the procurement procedure, or an indication in the tender documentation (auction documentation) or in the information posted when making procurement by requesting price proposals for characteristics that determine the belonging of the purchased goods works, services to individual potential suppliers, except for the cases provided by the procurement procedure, shall –

entail a fine for officials in amount of fifty monthly calculation indices.

2. Refusal to carry out procurement in cases not provided by the procurement procedure, –

entail a fine for officials in amount of fifty monthly calculation indices.

3. Recognition of a potential supplier and (or) the subcontractors (co-executors) of work or services attracted by him as inappropriate to qualification requirements and (or) the requirements of tender documents (auction documents) on grounds not provided by the procurement procedure, shall –

entail a fine for officials in amount of fifty monthly calculation indices.

4. Non-division in the procurement of goods, works, services into lots according to their homogeneous types and the place of their delivery (execution, provision), except for the cases provided by the procurement procedure, shall–

entail a fine for officials in amount of ten monthly calculation indices.

5. Preparation by the procurement expert commission or procurement expert of a knowingly false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission), shall –

entail a fine for officials in amount of fifty monthly calculation indices.

6. Carrying out purchases from a single source by directly concluding a procurement contract in cases not provided by the procurement procedure, shall –

entail a fine for officials in amount of fifty monthly calculation indices.

Note.

1. The procurement procedure in this Article should be understood as the rules for making procurement provided by the Law of the Republic of Kazakhstan "On State Property", or the procurement procedure provided by the Law of the Republic of Kazakhstan "On the National Welfare Fund".

2. Under officials in this Article should be understood:

1) in part one - the chief executive officers of the procurement organizer, the customer or persons performing their duties, and (or) persons directly involved in the development of tender documents (auction documents);

2) in parts two, four and six - the chief executive officers of the procurement organizer, the customer or the persons performing their duties, responsible for the procedures for organizing and conducting procurement;

3) in part three - the chairman of the tender commission (auction commission) and his deputy, as well as members of the tender commission (auction commission), created by the organizer of the procurement of goods, works and services by national managing holdings, national holdings, national companies and organizations, fifty or more percent of voting shares (stakes in the authorized capital) of which directly or indirectly belong to the national management holding, national holding, national company.

3. An official shall not be subject to the administrative responsibility provided by this Article in case of self-elimination of violations revealed by the results of the control carried out by the National Welfare Fund, the centralized procurement control service, within ten working days from the day following the day of delivery to the object of control, notifications on the elimination of violations revealed by the results of control carried out by the National Wealth Fund, the centralized procurement control service.

Footnote. Chapter 16 is supplemented by Article 207-1 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2020).

Article 208. Violation of the requirements of the legislation of the Republic of Kazakhstan on credit bureaus and formation of credit histories

1. Violation by the credit bureau of the legislation of the Republic of Kazakhstan on credit bureaus and formation of credit histories, shall -

entail a fine for legal entities in amount of two hundred monthly calculation indices.

2. Provision of information about the subject of credit history by the supplier to credit bureaus (except for a credit bureau with state participation) for formation of a credit history without the consent of the subject of credit history, except for the cases of providing negative information about the subject of credit history, as well as incorrect execution of such consent, shall –

entail a fine for individuals in amount of twenty, for officials - in amount of fifty, on subjects of small entrepreneurship - in amount of one hundred, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

2-1. Submission of a request by the recipient of the credit report for submission of a credit report without the consent of the subject of credit history, except for cases of receiving negative information about the subject of credit history, as well as incorrect execution of such consent, shall –

entail a fine for individuals in amount of twenty, for officials - in amount of fifty, on subjects of small entrepreneurship - in amount of one hundred, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

3. Failure to submit, as well as untimely submission of information to the credit bureau by the supplier of information received from the subject of credit history, the submission of which is required in accordance with the legislation of the Republic of Kazakhstan on credit bureaus and formation of credit histories, or submission of inaccurate information, shall –

entail a fine for individuals in amount of twenty, for officials - in amount of fifty, on subjects of small entrepreneurship - in amount of one hundred, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

Note. Information shall be understood as information regarding subjects of credit histories in electronic and paper form, transmitted by participants in the system for formation of credit histories and their use, if necessary, certified by an electronic digital signature.

Footnote. Article 208 as amended by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 209. Breach of the legislation of the Republic of Kazakhstan on concessions

Introduction of amendments into conditions of a tender at the choice of a concessionary, as well as into initial parameters and characteristics of a concessionary application in the course of holding negotiations with a participant of the tender, the concessionary application of whom is recognized as the best on adjusting a concessionary project and conditions of concession agreement, shall –

entail a fine on civil servants in amount of one hundred monthly calculation indices.

Note. The civil servants in this Article shall be regarded as the chief executive officers of an organizer of the tender on concession or the persons fulfilling their obligations being liable for carrying out of the procedures for organizing and holding the tender.

Article 210. Making payments and (or) money transfers on currency operations without presentation of currency agreement in the manner provided by the currency legislation of the Republic of Kazakhstan

1. Making payments and (or) money transfers by authorized bank on currency operations without presentation of currency agreement or currency agreement with an assigned account number when the presentation of such currency agreement shall be mandatory in accordance with the regulatory legal acts of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 210 shall be provided in the wording of the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 210-1. Failure to comply with the requirement of the National Bank of the Republic of Kazakhstan by the authorized bank to eliminate the identified violations of the currency legislation of the Republic of Kazakhstan

1. Failure to comply with the requirement of the National Bank of the Republic of Kazakhstan by the authorized bank to eliminate the identified violations of the currency legislation of the Republic of Kazakhstan, shall -

entail a warning.

2. Act provided by part one of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall -

entail a fine in amount of four hundred and fifty monthly calculation indices.

Note. Responsibility for commission of an infraction provided by part two of this Article shall arise in case that an authorized bank commits a similar violation for which the authorized bank was brought to administrative responsibility under part one of this Article.

Footnote. Chapter 15 is supplemented by Article 210-1 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 211. Violation of the requirements of the legislation of the Republic of Kazakhstan on microfinance activity

Footnote. Heading of Article 211 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

1. Carrying out of the types of activity by microfinance organizations not provided by the Law of the Republic of Kazakhstan “On microfinance activity”, shall –

entail a fine in amount of one hundred monthly calculation indices.

2. Dissemination or placement of advertisements in the media by a microfinance organization that does not conform to actuality on the day of its publication, as well as advertisements related to the offer of microcredit on terms that do not comply with the legislation of the Republic of Kazakhstan on microfinance activities, if this action does not have signs of a criminal offense, shall –

entail a fine in amount of one hundred fifty monthly calculation indices.

3. Submission of unreliable financial or other reports by microfinance organizations, shall –

entail a warning.

3-1. Act provided by part three of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine in amount of fifty monthly calculation indices.

4. Repeated (two and more times within twelve sequential calendar months) violation of the same prudential standards by microfinance organizations and (or) other mandatory norms and limits established by the authorized authority for regulation, control and supervision of the financial market and financial organizations, shall -

entail a fine in amount of three hundred monthly calculation indices.

5. Non-indication, inaccurate indication of the amount of annual effective interest rate by microfinance organizations, persons to whom the right (claim) under the microcredit agreement was assigned, in microcredit agreements concluded with customers, calculated in the manner, established by the legislation of the Republic of Kazakhstan, as well as the excess of maximum annual effective interest rate by a microfinance organization, a person, to whom the right (claim) under the microcredit agreement was assigned, determined by the regulatory legal act of the authorized authority for regulation, control and supervision of the financial market and financial organizations, shall –

entail a fine on legal entities in amount of fifty monthly calculation indices.

6. Loss of payment documents of clients by microfinance organizations, shall –

entail a fine on legal entities in amount of one hundred monthly calculation indices.

7. Loss of originals of title documents for property that is a guarantee under a microcredit agreement, by a microfinance organization, a person to whom the right (claim) under the microcredit agreement was assigned, shall –

entail a fine in amount of one hundred monthly calculation indices.

Note.

1. Responsibility for committing an infraction provided by part 3-1 of this Article occurs in cases of submission of the same form of periodic reporting, the submission of which shall be required by the regulatory legal act of the National Bank of the Republic of Kazakhstan.

2. For the purposes of parts five and seven of this Article, the persons to whom the right (claim) under a microcredit agreement was assigned shall be understood as a second-tier bank, collection agency, a microfinance organization, a special financial company, established in accordance with the legislation of the Republic of Kazakhstan on project financing and securitization, under a securitization transaction, a legal entity - a pledgee of the rights of claim under a microcredit agreement when a microfinance organization issues secured bonds or receives loans.

Footnote. Article 211 as amended by the Law of the Republic of Kazakhstan dated 06.05.2017 No. 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 211-1. Violation of the requirements of the legislation of the Republic of Kazakhstan on collection activities

1. Performance of the following dishonest actions by a collection agency, if these actions do not contain any signs of a criminal offense:

1) use of other methods of interaction with the debtor and (or) his/her representative, and (or) a third person, not provided by the Law of the Republic of Kazakhstan "On collection activity";

2) acceptance of money (in cash or non-cash form) from the debtor, as well as other property to repay the debt when providing services to the creditor on collection activities under the relevant contract;

3) demand for the repayment of debts by other property, except money, when rendering services to the creditor on collection activities within the framework of the relevant contract;

4) disclosure of commercial or other secrets, protected by the laws of the Republic of Kazakhstan received from the creditor and (or) his/her representative and (or) third parties, with the exception of cases provided by the laws of the Republic of Kazakhstan, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

2. Violation of rules for implementation of collection activities by a collection agency, with the exception of dishonest actions, provided by the Law of the Republic of Kazakhstan "On collection activity", shall -

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

3. Untimely provision of the information by a collection agency to the authorized authority for regulation, control and supervision of the financial market and financial organizations required in accordance with the legislation of the Republic of Kazakhstan on collection activities, shall -

entail a warning.

3-1. Action provided by part three of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine on subjects of small entrepreneurship - in amount of fifty, on subjects of medium entrepreneurship - in amount of seventy, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices.

3-2. Failure to provide the information to the authorized authority for regulation, control and supervision of the financial market and financial organizations required in accordance with the legislation of the Republic of Kazakhstan on collection activities by a collection agency, shall –

entail a fine on subjects of small entrepreneurship - in amount of one hundred, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

3-3. Provision of information to the authorized authority for regulation, control and supervision of the financial market and financial organizations that does not contain information, the provision of which shall be required in accordance with the legislation of the Republic of Kazakhstan on collection activity, or provision of inaccurate information or knowingly inaccurate information by a collection agency, shall –

entail a fine on subjects of small entrepreneurship - in amount of one hundred, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

4. Submission of inaccurate, as well as incomplete reporting by collection agencies, shall –

entail a warning.

5. Action provided by part four of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine in amount of one hundred monthly calculation indices.

Note. Responsibility for commission of an infraction provided by part five of this Article occurs in cases of submission of an unreliable, as well as incomplete, one and the same reporting form, the submission of which shall be required by a regulatory legal act of the National Bank of the Republic of Kazakhstan.

Footnote. Chapter 15 is supplemented with Article 211-1 in accordance with the Law of the Republic of Kazakhstan dated 06.05.2017 No. 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 211-2. Violation of requirements and restrictions, imposed by the legislation of the Republic of Kazakhstan on the relationship between the creditor and the borrower, by a person to whom the right (claim) under the bank loan agreement or microcredit agreement was assigned

1. Amendments to the terms of the bank loan agreement or microcredit agreement without observing the requirements, provided by the banking legislation of the Republic of Kazakhstan or the legislation of the Republic of Kazakhstan on microfinance activity, shall –

entail a fine in amount of one hundred and fifty monthly calculation indices.

2. Assignment by a person to whom a right (claim) under a bank loan agreement or a microcredit agreement was assigned, concluded with an individual or other persons, not provided by the laws of the Republic of Kazakhstan "On banks and banking activity in the Republic of Kazakhstan" and "On microfinance organizations", shall –

entail a fine in amount of one hundred and fifty monthly calculation indices.

3. Charges of commissions and payments when transferring the rights (claims) of the creditor under the contract of assignment of the right of claim from the debtor, not provided by the bank loan agreement or by the microcredit agreement, shall –

entail a fine in amount of one hundred and fifty monthly calculation indices.

Notes.

1. For the purposes of this Article, a person to whom a right (claim) under a bank loan agreement was assigned shall be understood as a collection agency, a bank, an organization, performing certain types of banking operations, a subsidiary of the bank, acquiring a dubious and hopeless assets of a parent bank, an organization specializing in improving the quality of loan portfolios of second-tier banks, a special financial company established in accordance with the legislation of the Republic of Kazakhstan on project financing and securitization, under a securitization transaction.

2. For the purposes of this Article, the person to whom the right (claim) under the microcredit agreement was assigned shall be understood as a collection agency, a microfinance organization, a special financial company, established in accordance with the legislation of the Republic of Kazakhstan on project financing and securitization, under a securitization transaction.

Footnote. Chapter 15 is supplemented with Article 211-2 in accordance with the Law of the Republic of Kazakhstan dated 06. 05.2017 No. 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 212. Violation of terms for presentation financial or other reporting by financial organizations and other persons

Footnote. Heading of Article 212 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

1. Violation by financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, by the organization, guaranteeing the payment of insurance payments, by organizations that carry out microfinancing activities, collection agencies, credit bureaus and payment organizations of the period for presentation of financial or other reporting provided for by regulatory legal acts of the National Bank of the Republic of Kazakhstan, shall –

entail a warning..

2. Act provided by part one of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine on the subjects of small entrepreneurship, non-profit organizations – in the amount of twenty, on the subjects of medium entrepreneurship – in the amount of fifty, on the subjects of large entrepreneurship, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan – in the amount of one hundred monthly calculation indices.

3. Excluded by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Note. Responsibility for commission of an infraction provided by part two of this Article occurs in cases of violation of term for presentation of the same form of periodic reporting, the presentation of which shall be required by the regulatory legal act of the National Bank of the Republic of Kazakhstan, provided by the regulatory legal acts of the National Bank of the Republic of Kazakhstan.

Footnote. Article 212 is in the wording of the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the laws of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 213. Violation of requirements of banking legislation of the Republic of Kazakhstan

1. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
2. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
3. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

4. Repeated (two and more times within twelve consecutive calendar months) violation by branches of non-resident banks of the Republic of Kazakhstan, organizations carrying out certain types of banking operations, of one and the same prudential normatives and (or) other mandatory norms and limits established by the authorized body for regulation, control and supervision of the financial market and financial organizations, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of three hundred monthly calculation indices.

5. Repeated (two or more times within three consecutive calendar months) violation by banks, branches of non-resident banks of the Republic of Kazakhstan of the minimum reserve requirements, established by the National Bank of the Republic of Kazakhstan, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of three hundred monthly calculation indices.

6. Carrying out by the banks, branches of non-resident banks of the Republic of Kazakhstan, bank holdings, organizations engaged in certain types of banking operations, operations and transactions prohibited in accordance with the banking legislation of the Republic of Kazakhstan or in violation of the banking legislation of the Republic of Kazakhstan, as well as those beyond their legal capacity, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of one tenth of one percent of the transaction amount, but not less than two hundred and not more than one thousand monthly calculation indices.

7. The action provided by a part six of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of one percent of the transaction amount, but not less than four hundred and not more than two thousand monthly calculation indices.

8. Preparation by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, of reporting, which led to the distortion of information on the implementation of prudential standards and (or) other mandatory norms and limits determined by the banking legislation of the Republic of Kazakhstan, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of two hundred monthly calculation indices.

9. The action provided by a part eight of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of six hundred monthly calculation indices.

10. Failure to perform by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, by persons to whom the right (claim) under a bank loan agreement has been assigned, the obligation to indicate the interest rate in a reliable, annual, effective, comparable calculation in agreements concluded with customers, as well as when disseminating information on interest rates on loans and deposits (except for interbank ones), including its publication, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

11. Announcement or publication by a bank, a branch of a non-resident bank of the Republic of Kazakhstan in the mass media of an advertisement that does not correspond to reality on the day of publication, shall –

entail a fine in the amount of two hundred monthly calculation indices.

12. Exceeding by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, persons to whom the right (claim) under a bank loan agreement has been assigned, the maximum amount of the annual effective remuneration rate determined by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

13. Violation by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, persons to whom the right (claim) under a bank loan agreement has been assigned, of the procedure for calculation, a condition for the operation of a floating interest rate under bank loan agreements, including under mortgage loan agreements concluded with individuals, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

14. Loss of original documents of title to property that is collateral under a bank loan agreement by a bank, a branch of a non-resident bank of the Republic of Kazakhstan, an organization carrying out certain types of banking operations, by a person to whom the right (claim) was assigned under a bank loan agreement, shall –

entail a fine in the amount of one hundred monthly calculation indices.

Note

1. For the purposes of part eight of this article, the administrative administrative liability arises when, as a result of correcting misrepresented information, a violation by a bank, a branch of a non-resident bank of the Republic of Kazakhstan, an organization carrying out certain types of banking operations, of prudential standards and (or) other mandatory norms and limits is revealed, established by the authorized body for regulation, control and supervision of the financial market and financial organizations.

2. For the purposes of parts ten, twelve, thirteen and fourteen of this Article, a person to whom the right (claim) under a bank loan agreement was assigned shall be understood as a collection agency, a bank, an organization, carrying out certain types of banking operations, a subsidiary of the bank acquiring doubtful and uncollectible assets of the parent bank, an organization, specializing in improving the quality of loan portfolios of second-tier banks, a special financial company created in accordance with the legislation of the Republic of Kazakhstan on project financing and securitization, under a securitization transaction.

Footnote. Article 213 as amended by the Law of the Republic of Kazakhstan dated 06.05.2017 No. 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020); dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 No. 262-VІ (for the procedure of enactment see Article 2).

Article 214. Violation of the legislation of the Republic of Kazakhstan on counteraction to legalization (laundering) of incomes received by illegal means, and financing of terrorism

1. Violation by the subjects of financial monitoring of the legislation of the Republic of Kazakhstan on counteraction to legalization (laundering) of incomes received by illegal means, and financing of terrorism in terms of recording, storing of information and documents, protection of documents, shall –

entail a fine on individuals in the amount of twenty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of one hundred fifty, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

2. Failure to provide, untimely provision by the subjects of financial monitoring of information on transactions with money and (or) other property subject to financial monitoring, provided for by items 3 and 5 of Article 4 of the Law of the Republic of Kazakhstan “On counteraction to legalization (laundering) of incomes received by illegal means, and financing of terrorism”, shall –

entail a fine on individuals in the amount of fifty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of one hundred and forty, on the subjects of medium entrepreneurship – in the amount of two hundred and twenty, on the subjects of large entrepreneurship – in the amount of four hundred monthly calculation indices.

3. Failure to provide, untimely provision by the subjects of financial monitoring of information, data and documents at the request of the authorized body for financial monitoring shall –

entail a fine on individuals in the amount of thirty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of eighty, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

3-1. Failure, untimely provision by legal entities of information, data and documents provided for in paragraph 4 of Article 12-3 of the Law of the Republic of Kazakhstan "On countering the legalization (laundering) of proceeds from crime and financing of terrorism", at the request of the authorized financial monitoring body –

entail a fine for small businesses, non–profit organizations in the amount of eighty, for medium–sized businesses - in the amount of two hundred, for large businesses - in the amount of three hundred monthly calculation indices.

4. Non-acceptance by the subjects of financial monitoring of measures for due diligence of clients (their representatives) and beneficial owners shall –

entail a fine on individuals in the amount of thirty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of eighty, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

5. Violation by the subjects of financial monitoring of the legislation of the Republic of Kazakhstan on counteraction to legalization (laundering) of incomes received by illegal means, and financing of terrorism in terms of taking measures to freeze operations with money and (or) other property and (or) providing information on measures to freeze operations with money and (or) other property, shall –

entail a fine on individuals in the amount of fifty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of one hundred and forty, on the subjects of medium entrepreneurship – in the amount of two hundred and twenty, on the subjects of large entrepreneurship – in the amount of four hundred monthly calculation indices.

6. Non-fulfillment of obligations by the subjects of financial monitoring on refusal on the refusal to the client in establishing business relations and conducting operations with money and (or) other property and (or) providing information about refusals to establish business relations and conduct operations with money and (or) other property, shall –

entail a fine on individuals in the amount of thirty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of eighty, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

7. Non-fulfillment by the subjects of financial monitoring of the training and education program in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by the rules of internal control, shall –

entail a fine on individuals in the amount of twenty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of fifty on the subjects of medium entrepreneurship – in the amount of one hundred fifty, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

8. Failure to provide, untimely provision by the subjects of financial monitoring of information on transactions with money and (or) other property subject to financial monitoring, provided for by item 1 of Article 4 of the Law of the Republic of Kazakhstan “On counteraction to legalization (laundering) of incomes received by illegal means, and financing of terrorism”, shall –

entail a fine on individuals in the amount of thirty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of eighty, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

9. Non-suspension of clients' operations by the subjects of financial monitoring by decision of the authorized body for financial monitoring shall –

entail a fine on individuals in the amount of fifty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of one hundred and forty, on the subjects of medium entrepreneurship – in the amount of two hundred and twenty, on the subjects of large entrepreneurship – in the amount of four hundred monthly calculation indices.

10. Non-fulfillment of obligations by the subjects of financial monitoring on development and adoption of internal control rules and programs for its implementation, or non-compliance of internal control rules with the requirements of the legislation of the Republic of Kazakhstan on counteraction to legalization (laundering) of incomes, received by criminal means and financing terrorism shall –

entail a fine on individuals in the amount of eighty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of one hundred and thirty, on the subjects of medium entrepreneurship – in the amount of two hundred and thirty, on the subjects of large entrepreneurship – in the amount of five hundred monthly calculation indices.

11. Notification of own clients and other persons on information provided to the authorized agency on financial monitoring by subjects of financial monitoring shall –

entail a fine on individuals in the amount of fifty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of one hundred and forty, on the subjects of medium entrepreneurship – in the amount of two hundred and twenty, on the subjects of large entrepreneurship – in the amount of four hundred and forty monthly calculation indices.

12. Actions (omission) provided for by parts one, two, three, four, five, six, seven, nine, ten and eleven of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of one hundred, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of one hundred fifty, on the subjects of medium entrepreneurship – in the amount of two hundred and fifty, on the subjects of large entrepreneurship – in the amount of six hundred monthly calculation indices.

13. Actions (omission) provided for by parts one, two, three, four, five, six, seven, nine, ten and eleven of this Article, committed three and more times within one year after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of one hundred fifty, on officials, notaries and advocates, subjects of small entrepreneurship, non-profit organizations – in the amount of three hundred, on the subjects of medium entrepreneurship – in the amount of six hundred, on the subjects of large entrepreneurship – in the amount of one thoudand two hundred monthly calculation indices with suspension of the license or qualification certificate (certificate) for the period of up to six months or their deprivation or suspension of activities for the period of up to three months.

Footnote. Article 214 as amended by the Law of the Republic of Kazakhstan dated 13.05.2020 No. 325-VІ (shall be enforced upon expiry of six calendar days after the date of its first official publication); amended by the Law of the Republic of Kazakhstan dated 01.07.2022 No. 132-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 214-1. Commission of an operation with money and (or) other property that entailed legalization (laundering) of proceeds from crime

The commission by a legal entity of an operation with money and (or) other property obtained knowingly for an individual of this legal entity by criminal means, which entailed giving a lawful form to the possession, use or disposal of the specified money and (or) other property, –

entails a fine on small businesses, non–profit organizations in the amount of seven hundred and fifty, on medium–sized businesses - in the amount of one thousand, on large businesses - in the amount of two thousand monthly calculation indices.

Notes.

1. An individual in this article should be understood as a person who permanently, temporarily or by special authority performs organizational and administrative or administrative-economic functions in a legal entity specified in paragraph one of this article, or an employee of such a legal entity who has the right to perform transactions with money and (or) other property in accordance with the laws of the Republic of Kazakhstan or the charter of a legal entity, or the beneficial owner of such a legal entity, defined by subparagraph 3) of Article 1 of the Law of the Republic of Kazakhstan "On countering the legalization (laundering) of proceeds from crime and financing of terrorism".

2. A legal entity that has voluntarily declared an operation with money and (or) other property that entailed the legalization (laundering) of proceeds from crime shall be released from administrative responsibility, unless its actions contain the composition of another offense.

Footnote. Chapter 15 is supplemented by Article 214-1 in accordance with the Law of the Republic of Kazakhstan dated 01.07.2022 No. 132-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 215. Violation of a procedure for formation of risk management and internal control systems

Footnote. Article 215 is excluded by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 216. Non-achievement of results of budget investments by subjects of quasi-public sector

1. Non-achievement of results of budget investments by branch, related and other legal entities that are affiliated in accordance with the legislative acts of the Republic of Kazakhstan, by participation of the state in their charter capital provided in a financial feasibility study, shall –

entail a fine on civil servants – chief executive officers in amount of four hundred monthly calculation indices.

2. Non-achievement of results of budget investments by the state enterprises, limited liability partnerships, joint stock companies, the participant or shareholder of which is the state, by participation of the state in their charter capital provided in a financial feasibility study, shall –

entail a fine on civil servants – chief executive officers in amount of four hundred monthly calculation indices.

Article 217. Violation of a procedure for presentation of reporting on clients currency operations by agents of currency control

1. Violation of term for presentation of report on notification of made currency operations by agent of currency control provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan –

shall entail a notification.

2. The action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

3. Presentation of incomplete and (or) unreliable report on notification of made currency operations by agent of currency control provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

4. The action provided by part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

5. Violation of term for presentation of report on currency agreements of export and import by agent of currency control provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan –

shall entail a notification.

6. The action provided by part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

7. Presentation of incomplete and (or) unreliable report on currency agreements of export and import by agent of currency control provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

8. The action provided by part seven of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

9. Violation of term for presentation of report on currency agreements, on the basis of and (or) in pursuance of which shall be made capital operations by agent of currency control provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

10. The action provided by part nine of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

11. Presentation of incomplete and (or) unreliable report on currency agreements, on the basis of and (or) in pursuance of which shall be made capital operations by agent of currency control provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

12. The action provided by part eleven of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

Footnote. Article 217 is provided in the wording of the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 218. Violation of a procedure for presentation of reports for monitoring of demand and supply sources at internal currency market of the Republic of Kazakhstan or reports on activities for organizing of exchange operations with cash foreign currency

1. Violation of terms for presentation reports for monitoring of demand and supply sources at internal currency market of the Republic of Kazakhstan by an authorized bank or a professional securities market participant for currency operations on behalf of clients, provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan –

shall entail a notification.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

3. Presentation of incomplete and (or) unreliable report for monitoring of demand and supply sources at internal currency market of the Republic of Kazakhstan by an authorized bank or a professional securities market participant for currency operations on behalf of clients, provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

4. The action provided by part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

5. Violation of terms for presentation reports on activities for organizing of exchange operations with cash foreign currency by an authorized bank or an authorized organization provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan –

shall entail a notification.

6. The action provided by part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

7. Presentation of incomplete and (or) unreliable report on activities for organizing of exchange operations with cash foreign currency by an authorized bank or an authorized organization, provided by the regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

8. The action provided by part seven of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of fifteen monthly calculation indices.

Footnote. Article 218 is provided in the wording of the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 219. Excess of natural norms on administrative costs

Excess of natural norms on administrative costs by the state enterprises, joint stock companies and limited liability partnerships controlled by the state, established by the regulatory legal acts, shall –

entail a fine on chief executive officers in amount of fifty monthly calculation indices.

Article 220. Violation of the legislation of the Republic of Kazakhstan on payments and payment systems, requirements, related to banking service of customers

Footnote. Title of Article 220 is in the wording of the Law of the Republic of Kazakhstan dated 26. 07.2016 No. 12-VI (shall be enforced upon expiry of thirty calendar days after its first official publication).

1. Violations by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, of terms for execution of instructions on payment and (or) money transfer or refusal to execute instructions on payment and (or) money transfer, established by the Law of the Republic of Kazakhstan "On payments and payment systems" shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices on the subjects of medium entrepreneurship and two hundred monthly calculation indices on the subjects of large entrepreneurship, branches of non-resident banks of the Republic of Kazakhstan.

2. Execution by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, instruction on payment or money transfer, committed in a favor of a beneficiary being different from that stated in the instruction, or on a sum different from that stated in the instruction, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices on the subjects of medium entrepreneurship and two hundred monthly calculation indices on the subjects of large entrepreneurship, branches of non-resident banks of the Republic of Kazakhstan.

3. Loss of payment documents of clients by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices per each payment document.

4. Unreasonable refusal by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, in execution of the instruction on payment and (or) transfer of money in the absence of grounds for refusal in execution of the instruction, determined by the Law of the Republic of Kazakhstan "On payments and payment systems", shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundred monthly calculation indices on the subjects of medium entrepreneurship and two hundred monthly calculation indices on the subjects of large entrepreneurship, branches of non-resident banks of the Republic of Kazakhstan.

4-1. Execution by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, of instructions on payment and (or) transfer of money in cases when the Law of the Republic of Kazakhstan "On payments and payment systems" provides refusal in execution the instruction on payment and (or) transfer of money, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of five percent of the amount of instructions for payment and (or) money transfer, but not more than one hundredmonthly calculation indices on the subjects of medium entrepreneurship and two hundred monthly calculation indices on the subjects of large entrepreneurship, branches of non-resident banks of the Republic of Kazakhstan.

5. Violation of order of priority of withdrawing money from bank account of a client by the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, established by the Civil Code of the Republic of Kazakhstan, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices.

6. Is excluded by the Law of the Republic of Kazakhstan dated 26. 07.2016 No. 12-VI (shall be enforced upon expiry of thirty calendar days after its first official publication).

7. Non-compliance of requirements, established by the Law of the Republic of Kazakhstan "On payments and payment systems", when providing payment services through payment agents and (or) payment subagentsby the banks, branches of non-resident banks of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

8.The action (inaction), provided by part seven of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices.

Notes.

1. The requirements of this Article shall not apply on actions (inaction), responsibility for which is provided by part eight of Article 91, part four of Article 92, part three of Article 92-1 and Article 285 of this Code.

2. For the purposes of part one of this Article, banks, branches of non-resident banks of the Republic of Kazakhstan, organizations, carrying out certain types of banking operations, deprived of a permit issued by the authorized body for regulation, control and supervision of the financial market and financial organizations, and (or) in the correspondent account opened with the National Bank of the Republic of Kazakhstan having outstanding requirements or restrictions on management of money that impede for conduct of expenditure operations of which, on the date on which the instruction for payment and (or) money transfer was subject to execution in accordance with the terms established by the Law of the Republic of Kazakhstan "On payments and payment systems", shall not be subject to administrative responsibility.

Footnote. Article 220 as amended by the laws of the Republic of Kazakhstan dated 26.07.2016 No. 12-VI (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 16.11.2015 No. 406-V (shall be enforced from 01.07.2017); No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020); dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 No. 262-VІ (for the procedure of enactment see Article 2).

Article 221. Issuance of accommodation, prime and financial bills in a territory of the Republic of Kazakhstan

Issuance of accommodation, prime and financial bills in a territory of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of forty, on subjects of small entrepreneurship – in amount of one hundred twenty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

Article 222. Violation of requirements of creation, use and disbursement of electronic money

1. Issuance of electronic money by an emitter to the sum that does not conform to the sum of imposed obligations, shall –

entail a notification.

2. The action, provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on subjects of medium entrepreneurship in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

3. Issuance of electronic money by an emitter to the sum exceeding fifty monthly calculation indices, without identifying the owner of electronic money, as well as admission of using electronic money by the emitter in a system of electronic money upon commission of operations to the sum that exceeds established limitations on a maximum sum of one operation, the amount of storage of electronic money in the electronic wallet and the total amount of used electronic money through the electronic wallet, established by the Law of the Republic of Kazakhstan "On payments and payment systems", shall –

entail a notification.

4. The actions, provided by part three of this Article, committed repeatedly within a year after imposing an administrative penalty, shall -

entail a fine on subjects of medium entrepreneurship in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

5. Non-disbursement, untimely and incomplete disbursement of electronic money by an emitter received by an individual entrepreneur or legal entity from individuals upon payment on civil transactions, shall –

entail a notification.

6. The actions, provided by part five of this Article, committed repeatedly within a year after imposing an administrative penalty, shall -

entail a fine in amount of one hundred monthly calculation indices.

Footnote. Article 222 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2020 No. 359-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 223. Violations related to the unlawful acquisition, directly or indirectly, of ten or more percent of the shares of a financial organization without obtaining the written consent of the authorized authority for regulation, control and supervision of financial market and financial organizations

Footnote. Heading of Article 223 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Acquisition by a person, directly or indirectly, of shares of a financial organization in amount of ten or more percent of the outstanding (minus preferred and repurchased) shares of a financial organization, as well as control or the ability to influence decisions made by a financial organization in amount of ten or more percent of the outstanding (less preferred and repurchased) shares of a financial organization without the written consent of the National Bank of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of two hundred, on legal entities - in amount of one thousand monthly calculation indices.

Footnote. Article 223 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 224. Violations linked with unlawful acquisition of participatory shares in charter capitals of legal entities or shares by banks, insurance (reinsurance) organizations, banking holdings, insurance holdings

1. Acquisition of participatory shares in charter capitals of legal entities or shares by banks, insurance (reinsurance) organizations in violation of requirements of the legislative acts of the Republic of Kazakhstan, with the exception of acts provided by a part three of this Article, shall –

entail a fine on legal entities in amount of two thousand monthly calculation indices.

2. Acquisition of participatory shares in charter capitals of legal entities or shares by banking holdings, insurance holdings in violation of requirements of the legislative acts of the Republic of Kazakhstan, with the exception of acts provided by a part three of this Article, shall –

entail a fine on legal entities in amount of two thousand monthly calculation indices.

3. Creation or acquisition of a subsidiary by a bank, insurance (reinsurance) company, bank holding company, insurance holding company without the prior permission of the authorized authority for regulation, control and supervision of the financial market and financial organizations, shall –

entail a fine on legal entities in amount of two thousand monthly calculation indices.

Footnote. Article 224 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 225. Inappropriate use of pension assets

1.Violation of conditions and procedure for investing pension assets, established by the legislation of the Republic of Kazakhstan, by the manager of the investment portfolio, as well as by the members of the investment committee, shall –

entail a fine on an individual in amount of two hundred, on legal entities in amount of eight hundred monthly calculation indices.

2. Non-carrying out of control of appropriate placement of pension assets of voluntary pension saving fund by a bank-custodian, shall –

entail a fine on legal entities in amount of two hundred monthly calculation indices.

Note. For the purpose of a part two of this Article, the bank-custodian shall be regarded as the second tier bank.

Footnote. Article 225 as amended by the Law of the Republic of Kazakhstan dated 28. 12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 226. Violation of requirements linked with liquidation of banks, insurance (reinsurance) organizations

1. Avoidance of a chairman or head of the division of liquidation commission from conduct of inspection of activity of the liquidation commission by the authorized authority for regulation, control and supervision of the financial market and financial organizations or impeding its conduct, shall –

entail a fine in amount of twenty five monthly calculation indices.

2. Repeated (two and more times within six sequential calendar months) representation of inaccurate reporting and information established by the bank legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance activity, untimely representation, non-representation of reporting and additional information established by the bank legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance activity by a chairman, head of the division of liquidation commission to the authorized authority for regulation, control and supervision of the financial market and financial organizations, shall –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 226 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 227. Non-fulfillment, untimely fulfillment of obligations, accepted and (or) imposed by applying supervisory response measures, restricted enforcement measures

1. Non-fulfillment, untimely fulfillment of obligations by banks, branches of non-resident banks of the Republic of Kazakhstan, large participants of banks, banking holdings, organizations included into the composition of banking conglomerate, Development Bank of Kazakhstan, organizations carrying out certain types of banking operations, accepted by them and (or) imposed on them by applying supervisory response measures in the form of a written prescription and (or) a written agreement, shall –

entail a fine on individuals in the amount of fifty, on the subjects of small entrepreneurship – in the amount of two hundred and fifty, on the subjects of medium entrepreneurship – in the amount of three hundred fifty, on the subjects of large entrepreneurship, branches of a non-resident bank of the Republic of Kazakhstan – in the amount of four hundred and fifty monthly calculation indices.

2. Non-fulfillment, untimely fulfillment of obligations by insurance (reinsurance) organizations, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) brokers of the Republic of Kazakhstan, insurance brokers, insurance holdings, large participants of insurance (reinsurance) organization, legal entities included into the composition of insurance group, organization guaranteeing for insurance payments, actuary having a license for actuarial activities in the insurance market, professional participants of the securities market, large participants of a manager of investment portfolio, accepted by them and (or) imposed on them by applying supervisory response measures in the form of a written prescription and (or) a written agreement, shall –

entail a fine on individuals in the amount of fifty, on the subjects of small entrepreneurship or a non-profit organization – in the amount of one hundred and twenty, on the subjects of medium entrepreneurship – in the amount of one hundred and ninety, on the subjects of large entrepreneurship, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan – in the amount of two hundred and fifty monthly calculation indices.

3. Non-fulfillment, untimely fulfillment of obligations by issuers, unified pension savings fund, voluntary pension savings funds, microfinance organizations, payment systems operators, payment system operating centers and payment service providers, accepted by them and (or) imposed on them by applying restricted enforcement measures, shall –

shall entail a fine on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on subjects of medium entrepreneurship – in amount of one hundred ninety, on subjects of large entrepreneurship – in amount of two hundred fifty monthly calculation indices.

4. Non-execution of written prescription by a chairman of the bank’s liquidation commission, insurance (reinsurance) organization within the term established by the authorized authority for regulation, control and supervision of the financial market and financial organizations on elimination of violations of the legislation of the Republic of Kazakhstan, shall –

shall entail a fine on individuals in amount of forty monthly calculation indices.

5. Non-fulfillment, untimely fulfillment of obligations by the collection agency, accepted by it and (or) assigned to it by applying restricted enforcement measures, shall –

shall entail a fine in amount of one hundred fifty monthly calculation indices.

Note. For the purposes of part three of this Article, payment system operators, payment system operating centers and payment service providers shall be understood to mean payment system operators, payment system operating centers and payment service providers, that are not the banks, branches of non-resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations.

Footnote. Article 227 is in the wording of the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced from 01.01.2019); as amended by the laws of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 No. 262-VІ (for the procedure of enactment see Article 2).

Article 228. Violation of requirements established by the legislation of the Republic of Kazakhstan on insurance and insurance activity

1. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
2. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
3. Excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced from 06.01.2020).
4. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

5. 5. Repeated (two or more times during the twelve consecutive calendar months) violation of the same prudent standards and (or) other norms and limits compulsory for compliance, established by the authorized body for regulation, control and supervision of the financial market and financial organizations by the insurance (reinsurance) organization, the branch of the non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, parent organization of the insurance group, shall –

entail a fine on legal entities, branches of the non-resident organization of the Republic of Kazakhstan in the amount of three hundred monthly calculation indices.

6. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
7. Excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced from 06.01.2020).
8. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

9. An untimely information of policyholders about a change in the location of their permanent body, a separate division, or a change in name organizations by the insurance (reinsurance) organization, the branch of the non-resident insurance (reinsurance) organization of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan shall –

entail a fine on legal entities, branches of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

10. Violation of the conditions by insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, insurance broker established by the legislation of the Republic of Kazakhstan on insurance and insurance activities, for proper documentation, accounting and storage of documents, related to their activities, shall –

entail a fine on legal entities, branches of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

11. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

12. Preparation of reporting by an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan as a result of distorted information on compliance with prudential standards and (or) other norms and limits, established by the authorized body for regulation, control and supervision of the financial market and financial organizations compulsory for compliance, shall –

entail a fine on legal entities, branches of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan in the amount of two hundred monthly calculation indices.

13. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
14. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
15. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

16. Non-payment, late payment or payment of compulsory or emergency contributions in incomplete volume to the Guarantee fund of insurance payments, shall –

entail a fine on legal entities in amount of two hundred fifty monthly calculation indices.

17. Violation by insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, insurance broker of the requirement on compulsory publication financial reporting and other information in mass media in accordance with the laws of the Republic of Kazakhstan shall –

entail a fine on legal entities, branches of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan in the amount of fifty monthly calculation indices.

18. Is excluded by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

19. Violation of the requirement by an insurance company on mandatory of concluding agreements on provision of information and obtaining insurance reports with an organization for the formation and maintenance of a database on insurance with state participation and registration in this organization shall –

shall entail a fine on legal entities in amount of one hundred monthly calculation indices.

20. Acted until 01.01.2018 in accordance with the Law of the Republic of Kazakhstan dated 24.11.2015 No. 422-V.

Note. For the purposes of part twelve of this Article, administrative responsibility arises when, as a result for correction of distorted information, revealed the violation of prudential standards by the insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan and (or) other norms and limits established by the authorized body for regulation, control and supervision of the financial market and financial.

Footnote. Article 228 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (see Article 2 for the procedure of enactment); dated 02.07.2018 No. 168-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (for the procedure of enactment see Article 2);dated 28.10.2019 No. 268-VI (shall be enforced from 06.01.2020);

Article 229. Violation of requirements by an insurance organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, related to the insurance payment

Footnote. The heading of Article 229 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020).

1. Failure to make, as well as untimely making of insurance payment or incorrect making of insurance payment –

entail a fine on legal entities, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan in the amount of one hundred monthly calculation indices.

2. Loss of documents presented by a client for making of insurance payment, –

entail a fine on legal entities in amount of fifty monthly calculation indices.

Footnote. Article 229 as amended by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020).

Article 230. Breach of the legislation of the Republic of Kazakhstan on compulsory insurance

1. Avoidance of an insurance organization from conclusion of compulsory insurance contract provided by the legislative acts of the Republic of Kazakhstan, shall –

entail a fine on a legal entity in amount of three hundred monthly calculation indices.

2. Failure to conclude compulsory insurance contract by a person being liable to conclude the compulsory insurance contract in accordance with the legislative act of the Republic of Kazakhstan on compulsory insurance, –

entail a fine on individuals in amount of ten, on officials, private notaries, private bailiffs, subjects of small entrepreneurship or non-profit organizations - in amount of one hundred and sixty, on subjects of medium entrepreneurship - in amount of four hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indices.

3. Violation of requirements of legislative acts of the Republic of Kazakhstan, expressed in non-fulfillment or improper fulfillment of requirements on providing information to the insurance database by an insurance (reinsurance) company, shall –

entail a fine on a legal entity in amount of three hundred monthly calculation indices.

4. Conclusion of compulsory insurance contract by an insurance (reinsurance) organization on terms that do not conform to requirements of the legislation of the Republic of Kazakhstan consisting in:

1) establishment of amounts of insurance sums being other than those determined by the Laws of the Republic of Kazakhstan on compulsory types of insurance;

2) establishment of amounts of insurance premiums being other than those determined by the Laws of the Republic of Kazakhstan on compulsory types of insurance, and equally incorrect (unreasonable) applying the rates upon calculation of insurance premiums;

3) insurance of objects on compulsory types of insurance that are not subject to insurance, shall –

entail a fine on legal entities in amount of one tenth percent of a sum of transaction or one hundred percent of a sum of earned revenue on operations, or one hundred percent of a sum of insurance premiums received on operations, but no less than two hundred and no more than two thousand monthly calculation indices.

4. The conclusion of an obligatory insurance contract by an insurance (reinsurance) company on conditions that do not comply with the requirements of the legislation of the Republic of Kazakhstan, expressed in setting the amounts of insurance sums other than those, specified in the laws of the Republic of Kazakhstan on compulsory types of insurance, shall –

entail a fine on legal entities in amount of one hundred percent of the sum of insurance premiums under insurance contracts, but not more than one thousand monthly calculation indices.

5. The conclusion of an obligatory insurance contract by an insurance (reinsurance) company on conditions that do not comply with the requirements of the legislation of the Republic of Kazakhstan, expressed in setting the amounts of insurance premiums other than those, specified in the laws of the Republic of Kazakhstan on compulsory types of insurance, as well as incorrect (unreasonable) application of coefficients in calculating insurance premiums shall -

entail a fine on legal entities in amount of one hundred percent of the sum of insurance premiums under insurance contracts, but not more than one thousand monthly calculation indices.

6. The conclusion of an obligatory insurance contract by an insurance (reinsurance) company on conditions that do not comply with the requirements of the legislation of the Republic of Kazakhstan, expressed in the insurance of objects on compulsory types of insurance, that are not subject to insurance, shall –

attracts a fine on legal entities in amount of one hundred percent of the sum of insurance premiums under insurance contracts, but not more than one thousand monthly calculation indices.

7. Is excluded by the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 230 as amended by the Law of the Republic of Kazakhstan dated 27.04.2015 No. 311-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 166-VI dated 02.07.2018 (shall be enforced from 01.01.2019); No. 241-VI dated 02.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 231. Violation of the terms established by the legislation of the Republic of Kazakhstan for coordination of leading employees of financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branhes of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, banking and insurance holdings, Guarantee fund of insurance payments

Footnote. The heading of Article 231 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020).

1. Violation of the terms for coordination of a leading employee of a financial organization, a branch of a non-resident bank of the Republic of Kazakhstan, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of non-resident insurance broker of the Republic of Kazakhstan, banking and insurance holdings, the Guarantee fund of insurance payments by a financial organization, a branch of a non-resident bank of the Republic of Kazakhstan, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of non-resident insurance broker of the Republic of Kazakhstan, banking and insurance holdings, the Guarantee fund of insurance payments shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan, branches of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan in the amount of ninety monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on legal entities, branches of non-resident banks of the Republic of Kazakhstan, branches of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan in the amount of two hundred monthly calculation indices.

Footnote. Article 231 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (shall be enforced from 16.12.2020).

Article 232. Non-fulfillment of the obligation on notification, as well as untimely notification of the authorized authority for regulation, control and supervision of the financial market and financial organizations on opening or termination of the activity of branches and (or) representations of financial organizations

Footnote. Heading of Article 232 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Non-fulfillment of the obligation on notification, as well as untimely notification of the authorized authority for regulation, control and supervision of the financial market and financial organizations on opening or termination of the activity of branches and (or) representations of financial organizations shall –

entail a fine on legal entities in amount of one hundred monthly calculation indices.

Footnote. Article 232 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (effective 10 calendar days after the day of its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 233. Receipt or use of a loan, loan in violation of the legislation of the Republic of Kazakhstan, non-disbursement of funds of the state external loan within the period established by the loan agreement

Footnote. The title of Article 233 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Obtaining of credit or preferential terms by an individual entrepreneur or organization for crediting by representing knowingly false details to the bank or organization carrying out separate types of banking operations on household status, financial status or pledged assets of the individual entrepreneur or organization or on other circumstances having essential significance for obtaining of the credit, preferential terms for crediting, and equally failure to deliver information to the bank or another creditor on occurrence of circumstances that may entail termination of the crediting, repeal of benefits or limitation of amounts of allocated credit, if these actions did not inflict heavy damage, shall –

entail a fine in amount of fifty monthly calculation indices.

2. Use of budget credit not for intended purpose, if this action did not inflict heavy damage to an individual, organization or the state, shall –

entail a fine in amount of one hundred monthly calculation indices.

3. Use of the funds of loans being guaranteed by the state and of the loan attracted under surety of the state for the purposes not provided by conditions of the loan and not provided by the contract of guarantee, as well as for crediting of the state bodies, shall –

entail a fine on the chief executive officers of a relevant legal entity-loan debtor on the loan having the state guarantee, their deputies or persons substituting them on which the relevant orders imposed the fulfillment of obligations, in amount of one hundred monthly calculation indices.

4. Failure to use the funds of the state external loan within the period established by the loan agreement –

entails a fine on officials in the amount of one hundred monthly calculation indices.

Note. For the purposes of part four of this article, an official should be understood as the first head of the budget program administrator responsible for the implementation of a budget investment project or an institutional project financed at the expense of loans.

Footnote. Article 233 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 234. Untimely, incomplete crediting of revenues into republican and local budgets

1. Untimely, incomplete crediting of the funds coming into republican and local budgets, shall –

entail a fine on civil servants in amount of one hundred monthly calculation indices.

2. Untimely, incomplete crediting of the funds transferred on accounts of recipients of budget funds in the relevant banks or organizations carrying out separate types of banking operations, shall –

entail a fine on civil servants in amount of seventy monthly calculation indices.

Article 234-1. Ineffective planning and (or) ineffective use of budget funds

Ineffective planning and (or) ineffective use of budget funds, expressed in:

exceeding the approved natural standards;

absence of documents stipulated by the budgetary legislation of the Republic of Kazakhstan (feasibility study, financial and economic justification, design and estimate documentation) and (or) decisions (opinions) on them of authorities and (or) organizations authorized by the legislation of the Republic of Kazakhstan to submit such decisions (conclusions);

expenditure of budget funds for maintenance of facilities that are not listed on the balance sheet of the relevant administrator of budget programs, unless otherwise provided by the legislation of the Republic of Kazakhstan;

expenditure of budget funds for maintenance of facilities not put into operation in accordance with the procedure established by the legislation of the Republic of Kazakhstan, unless otherwise provided by the legislation of the Republic of Kazakhstan shall –

entail a fine on officials in amount of one hundred monthly calculation indices.

Note.

For the purposes of this Article, officials should be understood as the head of the central state authority - the administrator of budget programs, the head of the local executive authority - the administrator of budget programs, the head of the budget program, the head of the subject of the quasi-public sector.

Footnote. Chapter 15 is supplemented by Article 234-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 235. Violation of rules for keeping budgetary accounting, preparation and representation of reporting

Violation of rules for keeping budgetary accounting, preparation and representation of reporting, shall –

entail a fine on civil servants in amount of two hundred monthly calculation indices.

Article 236. Violation of conditions and procedures for extending budget credits, state guarantees and warrantees of the state

Violation of conditions and procedures for extending budget credits, state guarantees and warrantees of the state, shall –

entail a fine on civil servants in amount of four hundred monthly calculation indices.

Article 237. Violation of rules for compensation of expenses

1. Violation of rules for compensation of the expenses by administrators of budget programs on rendering of guaranteed volume of gratuitous medical assistance, shall –

entail a fine on civil servants in amount of fifty monthly calculation indices.

2. The same act committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on civil servants in amount of one hundred of monthly calculation indices.

Article 238. Breach of the legislation of the Republic of Kazakhstan on business accounting and financial statement by individuals and civil servants

1. Non-fulfillment and (or) improper fulfillment of the obligations by individuals and civil servants provided by the legislation of the Republic of Kazakhstan on business accounting and financial statement committed in the form of:

1) avoidance from accounting, if this action does not contain any signs of a criminal offense;

2) compilation of distorted financial reporting, concealing data to be reflected in accounting, as well as destruction of accounting documentation, if these actions do not contain any signs of a criminal offense; shall;

3) appointment of a person to a position of senior accountant of public organization that does not have a certificate of professional accountant, shall –

entail a fine in amount of fifty monthly calculation indices.

2. Acts provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of two hundred monthly calculation indices.

Notes.

1. An official shall not be brought to an administrative responsibility provided in this Article in event of self-imposed elimination of violations, revealed on the results of a desk control within ten working days from the day following the date of delivery to the auditee of a notification on elimination of violations, revealed on the results of a desk control.

2. The distortion of the financial reporting for the purposes of this Article shall be a distortion in amount of more than twenty monthly calculation indices.

Footnote. Article 238 as amended by the laws of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 239. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting

Footnote. Heading of Article 239 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

1. Breach of the legislation of the Republic of Kazakhstan on business accounting and financial statement by a legal entity committed in the form of:

1) avoidance from maintenance of business accounting, if this action does not contain signs of criminally punishable act;

2) representation of knowingly false financial statement, refusal from representing financial statement, presentation with violation of established term or its non-representation without justifiable reason to founders (participants) of organizations in accordance with the constitutive documents, to the authorized body in the field of the state statistics at place of registration, to bodies of state control and supervision in accordance with their competence, to the depositary of financial statement;

3) preparation of distorted financial reporting, concealing of data subjected to reflection in business accounting, and equally destruction of accounting documents;

4) signing of financial statement by a senior accountant of the organization of public interest that is not a professional accountant, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

3. Conducting operations without appropriate reflection of their results in accounting reporting by financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) brokers of the Republic of Kazakhstan, organizations that carry out microfinance actvities, shall –

entail a fine in the amount of twenty percent of a sum that was not considered, but no less than onу ргтвкув and no more than four thousand monthly calculation indices.

4. Accounting in violation of requirements established by the legislation of the Republic of Kazakhstan on accounting and financial reporting, and accounting methods (principles) resulted to distortion of financial reporting of financial organizations, organizations that carry out microfinance activities and reporting of the branches of non-resident banks Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan according to the accounting data, by the financial organizations, organizations that carry out microfinance activities, branches of non-resident banks Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, shall –

entail a fine in the amount of up to five percent of a sum that was not considered, but no less than one hundred and no more than four thousand monthly calculation indices.

5. Non-submission, untimely submission of reports on its activity to the authorized body by accredited professional organizations of accountants and (or) organizations for professional certification of accountants in manner, established by the legislation of the Republic of Kazakhstan shall -

entail a fine on legal entities in amount of one hundred and fifty monthly calculation indices.

Note. The distortion of financial reporting, reporting according the accounting data for the purposes of parts one, two and four of this Article shall be a distortion of more than one hundred monthly calculation indices.

Footnote. Article 239 as amended by the Law of the Republic of Kazakhstan dated 28. 12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020); dated 03.07.2019 No. 262-VІ (for the procedure of enactment see Article 2).

Article 239-1. Violation of the procedure on conducting examinations by organizations for professional certification of accountants

1. Conducting of examinations on examination modules that do not comply with the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting by the accredited organizations on the professional certification of accountants -

counting indicators.

2. The action, provided by part one of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail the deprivation of the certificate of accreditation.

Footnote. Chapter 15 is supplemented by Article 239-1 in accordance with the Law of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (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 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 240. Divulgation of secrecy of accounting information

Divulgation of accounting information that is commercial secret by persons having an access to it, that did not inflict heavy damage, shall –

entail a fine in amount of one hundred fifty monthly calculation indices.

Article 241. Violation of rules for accreditation established by the legislation of the Republic of Kazakhstan on business accounting and financial statement

1. Violation of rules for accreditation established by the legislation of the Republic of Kazakhstan on business accounting and financial statement, shall –

entail a notification on a legal entity.

2. The action provided by this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on a legal entity in amount of two hundred monthly calculation indices.

Footnote. Article 241 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 242. Failure to perform the prudential regulations and (or) other norms and limits being compulsory for compliance by a manager of investment portfolio

Footnote. Article 242 is excluded by the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 243. Violation of a procedure for presenting reports for purposes of monitoring currency operations by branches (representative offices) of foreign non-financial organizations

1. Violation of terms for presentation of report on operations with residents of the Republic of Kazakhstan and non-residents of the Republic of Kazakhstan by branch (representative office) of a foreign non-financial organization provided by regulatory legal act of the National Bank of the Republic of Kazakhstan –

shall entail a notification.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of ten monthly calculation indices.

3. Presentation of incomplete and (or) unreliable report on operations with residents of the Republic of Kazakhstan and non-residents of the Republic of Kazakhstan by branch (representative office) of a foreign non-financial organization, provided by regulatory legal act of the National Bank of the Republic of Kazakhstan, –

shall entail a notification.

4. The action provided by part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in amount of ten monthly calculation indices.

Footnote. Article 243 in the wording of the Law of the Republic of Kazakhstan No.168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 244. Violation of a procedure for receiving an identification number for currency agreement or an account in foreign bank and providing information, documents and reports on them

1. Violation of the term for applying to assign identification number to currency agreement or account in foreign bank by individual, individual entrepreneur or legal entity provided by regulatory legal act of the National Bank of the Republic of Kazakhstan –

shall entail a notification.

2. The action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of ten, on subjects of small entrepreneurship, non-profit organizations - in amount of twenty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

3. Violation of the term for presentation of information by individual entrepreneur or legal entity provided by regulatory legal act of the National Bank of the Republic of Kazakhstan, and (or) documents confirming the occurrence, performance and termination of obligations and (or) circumstances that affect the terms and (or) conditions of repatriation of national and (or) foreign currency, –

shall entail a notification.

4. The action provided by part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

5. Violation of the term for presentation of report on currency contract by an individual, individual entrepreneur or legal entity provided by regulatory legal act of the National Bank of the Republic of Kazakhstan, on the basis and (or) for execution of which capital operations, or an account in foreign bank with identification number shall be carried out –

shall entail a notification.

6. The action provided by part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of five, on subjects of small entrepreneurship - in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

7. Presentation of incomplete and (or) unreliable report on currency contract by an individual, individual entrepreneur or legal entity, provided by regulatory legal act of the National Bank of the Republic of Kazakhstan on the basis and (or) for execution of which capital operations, or an account in foreign bank with identification number shall be carried out, –

shall entail a notification.

8. The action provided by part seven of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of five, on subjects of small entrepreneurship - in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

Footnote. Article 244 in the wording of the Law of the Republic of Kazakhstan No.168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 245. Concealing a fact of the breach of the legislation of the Republic of Kazakhstan on business accounting and financial statement by an auditor from the customers of conducting audit

Concealing a fact of the breach of the legislation of the Republic of Kazakhstan on business accounting and financial statement by an auditor from the customers of conducting audit, detected upon conduct of inspection, shall –

entail a fine in amount of fifty monthly calculation indices with deprivation of the qualification certificate "auditor".

Footnote. Article 245 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 246. Preparation of inaccurate audit report, as well as inaccurate audit opinion on taxes by an auditor and audit organization

Footnote. Title of Article 246 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

1. Preparation of inaccurate audit report by an auditor and audit organization, with the exception of the case provided by Article 249 of this Code, shall –

entail a fine on auditors in amount of eighty, on audit organization – in amount of one hundred eighty monthly calculation indices, with suspension of the license validity term for carrying out of audit activity or without such.

2. Preparation of knowingly inaccurate audit report by an auditor and audit organization, shall –

entail a fine on auditors in amount of one hundred ten monthly calculation indices with the deprivation of qualification certificate, on audit organizations – in amount of two hundred twenty monthly calculation indices with the suspension of the license validity term for carrying out of audit activity.

3. The actions, provided by parts one or two of this Article, committed repeatedly by the auditor within a year after imposing an administrative penalty, shall -

entail deprivation of the qualification certificate.

4. The actions, provided by parts one or two of this Article, committed repeatedly by the audit organization within a year after imposing an administrative penalty, shall -

entail deprivation of a license to carry out audit activity.

5. Compilation of an unreliable audit report on taxes by an audit organization shall -

entail a fine on an audit organization in amount of two hundred percent of the sum of the contract on carrying out taxes audit, but not less than five hundred monthly calculation indices.

6. The action, provided by part five of this Article, committed repeatedly within a year after imposing of an administrative penalty, shall –

entail a fine on an audit organization in amount of two hundred and fifty percent from the sum of the contract on carrying out taxes audit, but not less than six hundred monthly calculation indices.

Footnote. Article 246 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 12.12.2017, No. 122-VI (shall be enforced from 01.01.2018); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 246-1. Violation of the procedure for carrying out taxes audit, special purpose audit of subjects of quasi-state sector by audit organization

Violation of the procedure for carrying out taxes audit, special purpose audit of subjects of quasi-state sector by audit organization, with the exception of violations, entailing recognition of an audit report on taxes inadequate, shall –

entail a fine on an audit organization in amount of one hundred and fifty monthly calculation indices.

Notes.

1.Violation of the procedure for carrying out taxes audit in this Article shall be understood as non-compliance by the auditor organization with the obligations, established by the procedure for carrying out taxes audit by an audit organization, determined by the authorized state body, that regulates audit activity.

2. Violation of the procedure for conducting a special-purpose audit of quasi-public sector entities in this article means non-compliance by an audit organization with the obligations established by the procedure for conducting a special-purpose audit of quasi-public sector entities and submitting an audit opinion on a special-purpose audit of quasi-public sector entities determined by the Supreme Audit Chamber of the Republic of Kazakhstan in coordination with authorized bodies for internal state audit, state property management and the central authorized body for state planning.

Footnote. Chapter 15 is supplemented by Article 246-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); in the wording of the Law of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (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 05.11.2022 No. 158-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 247. Breach of the legislation of the Republic of Kazakhstan on audit activity

1. Carrying out of the types of activity by an audit organization not provided by the legislation of the Republic of Kazakhstan on audit activity, shall –

entail a notification.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of eighty monthly calculation indices.

3. Conduct of audit in the cases prohibited by the Law of the Republic of Kazakhstan “On audit activity”, shall –

entail a fine on legal entities in amount of one hundred and twenty monthly calculation indices with suspension of the license.

4. Failure to deliver the authorized authority for regulation, control and supervision of the financial market and financial organizations and failure to notify the audited financial organizations for which the conduct of audit shall be compulsory on violations of the legislation of the Republic of Kazakhstan regulating the activity of financial market and financial organizations detected in a result of audit of these organizations, shall –

entail a fine on legal entities in amount of one hundred and twenty monthly calculation indices.

5. Untimely representation or non-representation, and equally representation of inaccurate details by accredited professional audit organizations to the relevant authorized bodies, information the provision of which is required in accordance with the legislation of the Republic of Kazakhstan on audit activity, shall –

entail a fine in amount of one hundred and twenty monthly calculation indices.

6. Non-notification by audited entities represented by state institutions and state enterprises, legal entities with participation of the state, as well as subjects of the quasi-state sector to state audit and financial control bodies on violations of the legislation of the Republic of Kazakhstan when using budget funds, loans, related grants, state assets and subjects of the quasi-state sector, state and guaranteed loans, as well as loans attracted under the guarantee of the state, identified as a result of the audit of these organizations, as well as a special purpose audit of quasi-state sector entities, shall –

entail a fine on the first leaders in amount of one hundred and twenty monthly calculation indices.

7. Untimely representation or non-representation of reporting by audit organizations to the authorized body in accordance with qualification requirements and (or) information on insurance of own civil liability in the form approved by the authorized body, shall –

entail a fine on legal entities in amount of one hundred and twenty monthly calculation indices.

7-1. The action, provided in part seven of this Article, committed repeatedly within a year after imposing an administrative penalty, shall-

entail the deprivation of the license for audit activity.

8. Non-representation of audit report to the authorized authority for regulation, control and supervision of the financial market and financial organizations by audit organizations, shall –

entail a fine on legal entities in amount of one hundred and seventy monthly calculation indices.

9. Violations of the legislation of the Republic of Kazakhstan on audit activities by accredited professional audit organizations, committed in the form of:

1) presence of deprivation of a license to carry out audit activity without a petition from such a professional organization at ten percent of the average number, but not less than five audit organizations - members of a professional organization for twelve calendar months;

2) non-elimination of the reasons, for which the warning letter of the authorized body was issued within three months;

3) non-compliance of attestation performance of candidates for auditors with the procedure, established by the legislation of the Republic of Kazakhstan;

4) violations of the Rules of accreditation systematically (more than twice in a row) during the year;

5) non-creation of the Qualification commission for the attestation of candidates for auditors within six months from the receipt of accreditation, shall –

entail a fine in amount of one hundred and twenty monthly calculation indices with the deprivation of the accreditation certificate.

10. Conducting of an obligatory audit by an audit organization, not complying with the minimum requirements for audit organizations that conduct compulsory audit, shall –

entail a fine in amount of one hundred monthly calculated indices.

11. Non-entry and (or) untimely entry of an audit organization into a professional audit organization within the terms provided by the Law of the Republic of Kazakhstan "On Auditing activity", shall –

entail a fine in amount of two hundred monthly calculated indices with the deprivation of the license.

Footnote. Article 247 as amended by the laws of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020); dated 13.05.2020 No. 325-VІ (shall be enforced upon expiry of six calendar days after the date of its first official publication).

Article 248. Violations linked with use and storage of personal seal of an auditor

1. Violation of requirements by an auditor on a proper storage and use of personal seal established by the legislation of the Republic of Kazakhstan on audit activity, shall –

entail a fine in amount of one hundred monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time second time by an audit within a year after imposition of administrative sanction, shall –

entail a fine in amount of two hundred monthly calculation indices.

Article 249. Provision of untimely, inaccurate or incomplete information by the audited subject to audit organization

Provision of untimely, inaccurate or incomplete information by the audited subject to audit organization in the course of conduct of audit, that lead to preparation of inaccurate audit report, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Article 250. Avoidance from conduct of compulsory audit

Avoidance from conduct of compulsory audit or impeding its conducting, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 251. Failure to comply with requirement of repatriation of the national and (or) foreign currency

Failure to comply with requirement of repatriation of the national and (or) foreign currency by individual entrepreneur or legal entity, committed in the form of non-crediting of the national and (or) foreign currency to banking accounts in the authorized banks:

1) the national and (or) foreign currency revenue from export;

2) national and (or) foreign currency transferred by resident of the Republic of Kazakhstan in favor of non-resident of the Republic of Kazakhstan for calculations on import subjected to return due to non-fulfillment or incomplete fulfillment of the obligations by the non-resident of the Republic of Kazakhstan, –

shall entail a fine in amount of twenty percent of a sum of not credited national and (or) foreign currency, but no more than two thousand monthly calculation indices.

Note. Responsibility for commission of offences provided by this Article shall occur in cases when after expiration term of repatriation, the sum of not credited national and (or) foreign currency exceeds the threshold value, over which currency contracts for export or import shall be subject to compliance with the requirement of repatriation in accordance with the regulatory legal act of the National Bank of the Republic of Kazakhstan, and if these actions (inaction) shall not contain the elements of criminally punishable act.

Footnote. Article 251 in the wording of the Law of the Republic of Kazakhstan No.168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 252. Conducting of currency operations with breach of currency legislation of the Republic of Kazakhstan

1. Conducting of prohibited currency operations between residents of the Republic of Kazakhstan, making payments and (or) money transfers not through the banking accounts in the authorized banks, when such requirement shall be established by the currency legislation of the Republic of Kazakhstan, shall –

entail a warning.

1-1. Violation of the procedure of purchase and (or) sale of non-cash foreign currency in the internal currency market of the Republic of Kazakhstan, established by the regulatory legal act of the National Bank of the Republic of Kazakhstan, shall –

entail a warning.

2. Actions, provided for by parts one and 1-1 of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall -

shall entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship, non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred percent of a sum of the operation conducted with violation of established procedure.

Footnote. Article 252 is in the wording of the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (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 03.07.2019 No. 262-VІ (shall be enforced from 01.01.2020).

Article 253. Violation of special currency regime

Violation of special currency regime in a part of:

1) failure to perform the requirement to receive special permission of the National Bank of the Republic of Kazakhstan for conduct of currency operation;

2) failure to perform the requirement of compulsory sale of foreign currency received by residents;

3) use of accounts in foreign banks;

4) failure to perform the requirements to the procedure for conduct of currency operations;

5) non-compliance with other temporary currency restrictions introduced by the Government of the Republic of Kazakhstan, –

entail a fine on individuals and legal entities in amount of one hundred percent of a sum of the operation conducted with violation of special currency regime.

Footnote. Article 253 as amended by the Law of the Republic of Kazakhstan No. 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 254. Illegal use of insider information

Footnote. Article 254 is excluded by the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 255. Unfair advertisement of activity at securities market

Unfair advertisement of activity at securities market by representation and distribution of inaccurate details by securities market entities on a date of publication of advertisement, shall –

entail a fine on individuals and legal entities in amount of one hundred monthly calculation indices.

Article 256. Violation of requirements on provision of reporting, information, data by a professional participant of the securities market and other persons

1. Repeated (two or more times during the twelve consecutive calendar months) non-provision and (or) untimely provision of reporting, data and (or) other requested information to the authorized body by a professional participant of the securities market, its participants (shareholders) and (or) affiliated persons shall -

entail a fine on individuals in amount of fifty, on subjects of small entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

2. Repeated (two or more times during the twelve consecutive calendar months) provision of unreliable and (or) incomplete reporting, data and (or) other requested information, including during the conduct of inspections of the activities of securities market entities to the authorized body by a professional participant of the securities market, its participants (shareholders) and (or) affiliated persons, shall-

entail a fine on individuals in amount of fifty, on subjects of small entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Notes.

1. Reporting in part one of this Article means: reporting submitted by a representative of bondholders, reporting containing information about qualified investors, reporting of a major participant in the investment portfolio manager.

2. A professional participant of the securities market, its participants (shareholders) and (or) affiliated persons shall not be subject to administrative liability, provided in part one of this Article, in case of provision of reporting, data and (or) other requested information not later than one day from the end of period of provision reporting, data and (or) other requested information.

3. A professional participant of the securities market, its participants (shareholders) and (or affiliated persons shall not be subject to administrative liability, provided in part two of this Article, in case of elimination of violations, liability for which is provided in part two of this Article, until the date of receipt of notification of the authorized body on committed violation.

Footnote. Article 256 is in the wording of the law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (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 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 257. Violation of rights of securities holders

1. Violation of shareholders’ rights, provided in Article 14 of the Law of the Republic of Kazakhstan "On joint-stock companies", and (or) violation of the procedure for calling and holding the general meeting of shareholders, established by the legislation of the Republic of Kazakhstan, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

2. Violation of procedure and conditions for payment of remuneration on bonds and (or) their redemption established by the legislation of the Republic of Kazakhstan, shall –

entail a fine on legal entities in amount of four hundred monthly calculation indices.

3. Violation by the issuer of securities of the procedure and conditions of redemption of the placed securities, established by the legislation of the Republic of Kazakhstan and (or) the prospectus of issue of these securities, and (or) failure to purchase of the securities placed by it in cases, established by the legislation of the Republic of Kazakhstan and (or) the prospectus of issue of these securities, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

Footnote. Article 257 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 258. Violation of a procedure for consummation of transactions with securities and (or) derivative financial instruments, as well as conditions for conclusion of transactions

Footnote. Article 258 is excluded by the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 259. Transactions for the purpose of manipulation on the securities market

1. Transactions by the securities market entities for the purpose of manipulation on the securities market, which has no signs of a criminal act, shall –

entail a fine on individuals in amount of two hundred, on subjects of small entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship - in amount of five hundred monthly calculation indices.

2. Transactions by financial market entities for the purpose of manipulating prices (rates) of other financial instruments, including the market exchange rate, shall –

entail a fine on individuals and legal entities in amount of ten percent of the sum of transactions, committed for the purpose of manipulation.

Footnote. Article 259 is in the wording of the Law of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (shall be enforced from 01.01.2016); as amended by the law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 260. Violation of the procedure, conditions and terms of registration of transactions with securities and (or) procedure of maintaining the system of registers of securities holders, the system of accounting of nominal holding and (or) violation of the procedure, conditions and terms of confirmation of rights on securities by a professional participant of the securities market

Footnote. Title of Article 260 as amended by the law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Violation of the procedure, conditions and terms of registration of transactions with securities and (or) procedure of maintaining the system of registers of securities holders, the system of accounting of nominal holding and (or) violation of the procedure, conditions and terms of confirmation of rights on securities by a professional participant of the securities market, if these actions do not contain signs of a criminal offence, shall –

entail a fine on non-profit organizations in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship - in amount of three hundred monthly calculation indices.

2. Violation of a procedure and conditions for transferring documents and details established by the legislation of the Republic of Kazakhstan, that are the system of nominal holding by professional securities market participant to the other professional securities market participant, shall –

entail a fine on a legal entity in amount of four hundred monthly calculation indices.

Footnote. Article 260 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 261. Violation of conditions and procedure for issuance and (or) placement of non-state equity securities by issuer

1. Repeated (two or more times within twelve consecutive calendar months) non-presentation and (or) untimely presentation of documents for introduction amendments and (or) additions on the issuer's personal accounts in the securities holders registry system by the issuer to the central depositary –

shall entail a fine on subjects of small entrepreneurship, non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

2. Repeated (two or more times within twelve consecutive calendar months) violation of the procedure for placement of non-state equity securities by the issuer, except for the actions provided by part three of this Article, –

shall entail a fine on subjects of small entrepreneurship, non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

3. Violation of the conditions and procedure for issuance and (or) placement non-state equity securities in the territory of foreign state by the issuer, established by the legislation of the Republic of Kazakhstan, and (or) inclusion non-state equity securities in the list of securities of a stock exchange carrying out the activities in the territory of foreign state, –

shall entail a fine on legal entities in amount of fifty percent of a sum of money received from placement of equity securities.

4. Violation of the requirements for state registration for issuance of non-state equity securities by the issuer, repeated (two or more times within twelve consecutive calendar months) violation of the conditions for issuance non-state bonds by the issuer, established by the legislation of the Republic of Kazakhstan on the securities market, –

shall entail a fine on subjects of small and medium entrepreneurship in amount of four hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

Note.

The issuers shall not be brought to administrative responsibility established by this Article if at the time of discovery of the offense the issuer:

deprived of a license for activities in the financial sphere and activities related to the concentration of financial resources, and shall be subject to compulsory liquidation or in the process of compulsory liquidation;

declared bankrupt by the court.

Footnote. Article 261 is in the wording of the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 262. Violation of the requirements established by the legislation of the Republic of Kazakhstan on securities market and on Joint Stock Companies

1. Failure to comply with the procedure and (or) conditions established by the Law of the Republic of Kazakhstan “On Joint Stock Companies” by subject of securities market, when making a major transaction and (or) an interested-party transaction, –

entail a fine on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

2. Making of a transaction with financial instruments by professional securities market participant under his professional activity on securities market, the conditions of which contradict the legislation of the Republic of Kazakhstan on securities market, and (or) a transaction for which the legislation of the Republic of Kazakhstan on securities market, the grounds shall be provided for refusal to make it, –

shall entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

3. Making of a transaction by broker and (or) dealer without having a client order at the time of its making –

shall entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

4. The actions of insiders on using of insider information in making transactions with securities and (or) derivative financial instruments, illegal transfer of insider information to third parties, provision of recommendations or proposals on making transactions with securities and (or) derivative financial instruments based on insider information, and (or) failure to comply with the requirements of the legislation of the Republic of Kazakhstan on provision of information to issuers by legal entities, recognized insiders in respect of these issuers, not having the elements of criminally punishable act, if these actions have not caused major damage, –

shall entail a fine on individual in amount of two hundred, on official – in amount of four hundred, on subjects of small entrepreneurship or non-profit organizations - in amount of three hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

5. Violation of the requirements by issuers established by the legislation of the Republic of Kazakhstan in terms of exercising control over the disposal and use of insider information on the issuer and securities (derivative financial instruments) issued (represented) by him –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of three hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

6. Repeated (two or more times within six consecutive calendar months) disclosure of unreliable and (or) incomplete information by subject of securities market and (or) non-disclosure of information on own activities within the established periods, in the manner and on conditions determined by the legislation of the Republic of Kazakhstan, –

shall entail a fine in amount of fifty monthly calculation indices.

Note.

By information on own activities for the purposes of part six of this Article shall be meant information subjected to disclosure by securities market entity in accordance with the legislation of the Republic of Kazakhstan on securities market.

The securities market entities shall not be subject to administrative responsibility, provided by part six of this Article, in the case of:

1) disclosure of information in accordance with the procedure and on the conditions determined by the legislation of the Republic of Kazakhstan, no later than one working day from the end of the terms established by the legislation of the Republic of Kazakhstan for disclosure this information;

2) if at the time of discovery of the offense the securities market entity:

deprived of a license for activities in the financial sphere and activities related to the concentration of financial resources, and shall be subject to compulsory liquidation or in the process of compulsory liquidation;

declared bankrupt by the court.

Footnote. Article 262 is in the wording of the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (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 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 263. Violation of the obligation on disclosure of information at securities market

Footnote. Article 263 is excluded by the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 264. Breach of the legislation of the Republic of Kazakhstan on securities market by single accumulative pension fund, voluntary accumulative pension funds and managers of investment portfolio

1. Violation of a procedure for accounting pension savings on personal accounts of contributors (receivers) by a single accumulative pension fund, voluntary accumulative pension funds, as well as violation of a procedure for relations with custody banks and single accumulative pension fund, voluntary accumulative pension funds by a manager of investment portfolio established by the legislation of the Republic of Kazakhstan on securities market, that did not inflict heavy damage, shall –

entail a fine on legal entities in amount of four hundred monthly calculation indices.

2. Carrying out of transactions and operations by a single accumulative pension fund or voluntary accumulative pension fund in breach of the legislation of the Republic of Kazakhstan on securities market, shall –

entail a fine on legal entities in amount of four hundred monthly calculation indices.

Article 265. Violation of requirements of the Law of the Republic of Kazakhstan "On investment and venture funds"

Footnote. Heading of Article 265 as amended by the Law of the Republic of Kazakhstan No. 174-VІ dated 04.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Violation of requirements of the Law of the Republic of Kazakhstan “On investment and venture funds” by joint stock investment fund, management company of investment fund to the content of information on own activity, indices characterizing the composition and value of net assets of investment fund, as well as procedure for its publication and distribution,–

entail a fine on legal entities in amount of four hundred monthly calculation indices.

2. Distribution or publication of inadequate, incomplete or misinforming information by an incorporated investment fund, manager company of investment fund, shall –

entail a fine on legal entities in amount of four hundred monthly calculation indices.

Footnote. Article 265 as amended by the Law of the Republic of Kazakhstan No. 174-VІ dated 04.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 266. Violation of restrictions established by the laws of the Republic of Kazakhstan on payments conducting

Execution by individual entrepreneurs, who are registered as payers of value added tax or legal entities of payment in cash procedure on a civil law transaction for the amount of more than one thousand monthly calculation indices in favor of another individual entrepreneur who is on the registration account as a tax payer on value added, or legal entity shall -

entail a fine on the persons, who made the payment in amount of five percent of the payment sum.

Footnote. Article 266 is in the wording of the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).

Article 267. Illegal actions of civil servants of the state institution and state enterprise based on the right of operational management (treasury enterprise) on incurrence of pecuniary liability on account of the funds of state budget

1. Illegal actions of civil servants of the state institution or state enterprise based on the right of operational management (treasury enterprise) on incurrence of pecuniary liability on account of the funds of state budget without registration of civil transactions established by the legislation and (or) in excess of the sums of cost estimations approved by the authorized body that entailed liability of the Government of the Republic of Kazakhstan or the relevant local executive body on obligations of the state institution or state enterprise based on the right of operational management (treasury enterprise), shall –

entail a fine in amount of fifty monthly calculation indices.

2. The actions provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of one hundred monthly calculation indices.

Article 268. Breach of the legislation of the Republic of Kazakhstan on goods exchange

1. Participation of employees of goods exchange in exchange transactions, shall –

entail a fine in amount of one hundred fifty monthly calculation indices.

2. Carrying out of commercial or another activity by goods exchange that is not linked directly with organization of exchange business, shall –

entail a fine in amount of five hundred monthly calculation indices.

3. Sale of goods included into the list of exchange commodities outside the goods exchange, shall –

entail a fine on individuals in amount of seventy, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred forty, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

4. Is excluded by the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

5. Non-fulfillment of the obligation to ensure the sale of at least thirty percent of the quarterly total own exchange turnover of goods included in the list of exchange goods in the double counter auction mode by the exchange trade participants shall –

entail a notification.

6. The act provided by part five of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on subjects of small entrepreneurship or non – profit organizations in amount of seventy, on subjects of medium entrepreneurship - in amount of one hundred and forty, on subjects of large entrepreneurship -in amount of four hundred monthly calculation indices.

7. Non-fulfillment, untimely fulfillment by the commodity exchange of the obligation to place the results of exchange trades on its own Internet resource shall –

entail a notification.

8. The acts provided in part seven of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail a fine on a legal entity in amount of three hundred monthly calculation indices.

9. Non-observance by the commodity exchange of obligatory requirements to the electronic trading system of commodity exchanges shall –

entail a notification.

10. The action provided by part nine of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail a fine on a legal entity in amount of three hundred monthly calculation indices.

11. Non-presentation, untimely presentation, as well as presentation of false daily reporting forms to the authorized body in the field of regulation of trading activities by commodity exchanges –

shall entail a notification.

12. Actions provided by part eleven of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail a fine on a legal entity in amount of one hundred and fifty monthly calculation indices.

13. Non-execution of conducting exchange trades regimes by the commodity exchange shall –

entail a fine on a legal entity in amount of one hundred monthly calculation indices.

14. The action provided by part thirteen of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on a legal entity in amount of three hundred monthly calculation indices.

15. Non-fulfillment by the clearing centers of commodity exchanges of the obligation for the availability of a hardware-software complex, that provides automation of the clearing process –

entail a fine on a legal entity in amount of three hundred monthly calculation indices.

Footnote. Article 268 as amended by the Law of the Republic of Kazakhstan dated 27.10.2015 No. 364-V (for the procedure of enforcement see Article 2); No. 241-VI dated 02.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 16. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF TAX ASSESSMENT

Article 269. Violation of the term for registration in the state revenues body

1. Violation of the terms established by the legislative acts of the Republic of Kazakhstan for submission of a tax application for registration in the state revenue body of a private notary, a private bailiff, a lawyer and notification on registration of an individual entrepreneur, registration records for certain types of activities shall -

entail a notification.

2. The act provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of eight, on private notary officers, judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of seventy monthly calculation indices.

3. Violation of the term established by the legislative acts of the Republic of Kazakhstan for filing tax application to the state revenues body by a tax payer on registration on value added tax, shall –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 269 as amended by the laws of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (shall be enforced from 01.01.2017); from 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 270. Illegal carrying out of activity upon applying special tax regime

1. Applying special tax regime with violation of conditions provided by the legislative acts of the Republic of Kazakhstan for this regime, shall –

entail a notification.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of fifteen, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

3. Violation of the term by an individual entrepreneur for filing cost calculation of patent or tax application on suspension (prolongation, renewal) of representing tax reporting, shall –

entail a notification.

4. The act provided by a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of fifteen monthly calculation indices.

Article 271. Carrying out of activity during the period of validity term of decision of the state revenues body on suspension of representing tax reporting

1. Carrying out of activity by persons during the period of validity term of decision of the state revenues body on suspension of representing tax reporting, shall –

entail a notification.

2. The action provided by a part one of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on private notaries, judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-profit organizations in amount of forty, on subjects of medium entrepreneurship – in amount of forty five, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Article 272. Failure to submit tax reporting, documents, required to determine the financial profit of a controlled foregin company, as well as submission of incomplete, unreliable data in tax reporting

Footnote. The heading of Article 272 as amended by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 412-V (shall be enforced from 01.01.2021).

1. Failure to submit tax reporting to the state revenue body within the period established by the legislative acts of the Republic of Kazakhstan, shall –

entail a warning.

2. The act provided by a part one of this Article, with the exception of the act mentioned in a part three of this Article committed repeatedly second time second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of fifteen, on private notary officers, on judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty five, on subjects of large entrepreneurship – in amount of seventy monthly calculation indices.

2-1. Submission of incomplete, inaccurate information in the declaration of assets and liabilities, declaration of income and property, declaration of individual income tax, provided for by the tax legislation of the Republic of Kazakhstan, with the exception of cases involving the accrual of taxes and other mandatory payments to the budget, shall –

entail a warning.

2-2. The actions provided for by part 2-1 of this Article, committed repeatedly within one year after imposition of an administrative sanction, –

entail a fine in the amount of трех monthly calculation indices.

3. The act provided in part one of this Article, expressed in non-submission of tax registers in the term established by the laws of the Republic of Kazakhstan, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on taxpayers subject to tax monitoring in amount of five hundred and fifty monthly calculation indices.

4. Excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).

5. Non - submission by a taxpayer to the state revenue body the documents necessary fo determining the amount of financial profit or part of the financial profit of a controlled foreign company subject to taxation in accordance with the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget" (Tax code), shall –

entail a fine on individuals in amount of one hundred, on subjects of small entrepreneurship – in amount of one hundred and fifty, on subjects of medium entrepreneurship - in amount of two hundred, on subjects of large entrepreneurship - in amount of five hundred monthly calculation indices.

Note. Provisions of parts 2-1 and 2-2 of this Article shall not apply in case of failure to indicate information about assets and liabilities in the declaration of assets and liabilities if such information is available in the relevant state bodies.

Footnote. Article 272 as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); dated 18.11.2015 No. 412-V (shall be enforced from 01.01.2021);

Article 273. Non-presentation, refusal to present reporting on monitoring transactions, reporting on transfer pricing, documents necessary to exercise control over transfer pricing

Footnote. Heading of Article 273 is in the wording of the Law of the Republic of Kazakhstan No. 122-VI dated 25.12.2017 (shall be enforced from 01.01.2019).

1. Non-representation of reporting to the state revenues body on monitoring of transactions within the term established by the legislation of the Republic of Kazakhstan on transfer pricing, as well as non-representation within the term established by the authorized body, or refusal in representation of documents by a taxpayer (as well as in electronic form) required for control upon transfer pricing, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred fifty monthly calculation indices.

2. Detection of discrepancies of more than two thousand-fold amount of monthly calculation index established for the relevant financial year by the Law on republican budget between reporting data on monitoring of transactions and data received in the course of inspection, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred fifty monthly calculation indices.

3. Actions (omission) provided by a part one of this Article committed repeatedly second time within the year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of one hundred twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of seven hundred fifty monthly calculation indices.

4. Non-presentation, unreliable or incomplete presentation, refusal of presentation of reporting to state revenue agency by the taxpayer on transfer pricing within the terms established by the legislation of the Republic of Kazakhstan on transfer pricing, –

shall entail a fine on subjects of medium entrepreneurship in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of five hundred fifty monthly calculation indices.

5. Actions (inaction) provided by part four of this Article committed repeatedly second time within the year after imposition of administrative sanction, –

shall entail a fine on subjects of medium entrepreneurship in amount of five hundred fifty, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

Footnote. Article 273 as amended by the Law of the Republic of Kazakhstan No. 122-VI dated 25.12.2017 (shall be enforced from 01.01.2019).

Article 274. Violation of measures of financial control

Footnote. Article 274 was excluded by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 412-V (shall be enforced from 01.01.2021).

Article 275. Concealment of objects of taxation and other property subject to reflection in tax reporting

Footnote. Title of the Article 275 is in the wording of the law of Republic of Kazakhstan dated 13.11.2015 No. 400-IV (shall be enforced from 01.01.2017).

1. Concealment of items of taxation by a tax payer, shall –

shall entail a fine on individuals, subjects of small entrepreneurship or non-profit organizations, on subjects of medium entrepreneurship, on subjects of large entrepreneurship in amount of two hundred percent of a tax amount and other compulsory payments subjected to payment on concealed item of taxation.

2. Actions (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

shall entail a fine on individuals, subjects of small entrepreneurship or non-profit organizations, on subjects of medium entrepreneurship, on subjects of large entrepreneurship in amount of three hundred percent of a tax amount and other compulsory payments subjected to payment on concealed item of taxation.

Note. For the purpose of a part one of this Article, the concealed items of taxation shall be also regarded as non-acceptance of goods for registration by a tax payer, imported in a territory of the Republic of Kazakhstan from a territory of the Customs Union member states.

3. Concealment by an individual of information on the presence of property on the right of ownership outside the Republic of Kazakhstan, as well as money on bank accounts of foreign banks located outside the Republic of Kazakhstan, subject to reflection in the declaration on individual income tax in accordance with the tax legislation of the Republic of Kazakhstan, committed by their non-reflection in the declaration on individual income tax, – shall

entail a fine in amount of one hundred monthly calculation indices.

4. Non-elimination of violations established by part three of this Article, within a year after imposing an administrative penalty shall –

entail a fine in amount of two hundred monthly calculation indices.

5. Making a turnover for the period of non-registration as a value added tax payer shall –

entail a fine in amount of fifteen percent of the sum of turnover for the period of non-registration.

Notes. 1. For the purposes of part one of this Article, the concealment of objects of taxation shall also be understood as the failure by the taxpayer to register goods imported into the territory of the Republic of Kazakhstan from the territory of states - member of the Eurasian economic union.

2. For the purposes of parts three and four of this Article, administrative responsibility shall arise separately for each object of property, subject to state or other registration (accounting), rights and (or) transactions on which they are subject to state or other registration (accounting) in the competent authority of a foreign state in accordance with the legislation of a foreign state, as well as for each bank account in foreign banks located outside the Republic of Kazakhstan.

3. For the purposes of part three of this Article, non-submission of declaration on individual income tax by a person in accordance with the tax legislation of the Republic of Kazakhstan shall be equal to non-reflection of information on existence of property on the right of ownership outside the Republic of Kazakhstan, as well as money on bank accounts of foreign banks located outside the Republic of Kazakhstan.

4. For the purposes of part five of this Article, committing of turnover means taxable turnover, determined in accordance with the tax legislation of the Republic of Kazakhstan.

Footnote. Article 275 as amended by the laws of the Republic of Kazakhstan dated 13.11.2015 No. 400-V (shall be enforced from 01.01.2017); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 217-VI dated 21.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 276. Absence of accounting records and violation of maintaining of tax account

1. Absence of accounting records and (or) non-compliance with requirements on drawing up and keeping of accounting records established by the legislation of the Republic of Kazakhstan, shall –

entail a notification.

2. The actions provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of seventy five monthly calculation indices.

3. Non-reflection of operations in accounting documentation on accounting and sale of goods (works, services), shall –

entail a notification.

Note. The absence of accounting documentation of a tax payer shall be regarded as absence of accounting documents and (or) tax forms, tax accounting policy, other documents being the ground for determination of items of taxation and (or) objects linked with taxation, as well as for calculation of tax liability.

4. The action provided by part three of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on subjects of small entrepreneurship in amount of three, on subjects of medium entrepreneurship – in amount of five, on subjects of large entrepreneurship - in amount of ten percent of the cost of unaccounted goods (works, services).

Note. Absence of accounting documents at the taxpayer means the absence of accounting documents and (or) tax forms, tax accounting policy, other documents that are the basis for determining the objects of taxation and (or) objects related to taxation, as well as for calculating tax liability.

Footnote. Article 276 as amended By the law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 277. Avoidance from payment of accrued (calculated) tax amounts and other compulsory payments into the budget

Avoidance from payment of accrued (calculated) tax amounts and other compulsory payments into the budget committed by making settlement payments by a tax payer with third parties in existence of debts in the period of validation of a regulation of the state revenues body on suspension of debit operations on cash register, unless this action contain signs of a criminally punishable act, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount of fifteen monthly calculation indices, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of a sum of made calculations.

Article 278. Undervaluation of tax amounts and other compulsory payments into the budget

1. Undervaluation of tax amounts and other compulsory payments in a declaration, calculation, application on entry of goods and payment of indirect taxes, if this action does not contain signs of a criminally punishable act, shall –

shall entail a fine on individuals in amount of ten monthly calculation indices, on private notaries, judicial enforcement agents, advocates, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of eighty percent of accrued tax amount and other compulsory payments into the budget.

2. Undervaluation of current payment amounts by a tax payer in a calculation, if this action does not contain signs of a criminally punishable act, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations, on subjects of medium entrepreneurship in amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of undervalued current payment amounts.

3. Excess of the sum of actually calculated corporate income tax for the tax period over the sum of calculated advance payments during the tax period in amount of more than twenty percent, if this action does not contain signs of a criminal offence, shall –

entail a fine in amount of twenty percent of the sum of excess of the actual tax.

4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).

Note.

1. For the purpose of a part one of this Article, upon determination of a sum of administrative sanction on accrued amount of value added tax, the sum of overpay on value added tax on a separate account of a tax payer shall be considered on a date of established term for payment of the value added tax for tax period.

In case of tax inspection of more than one tax period, the sum of overpay on a separate account on a date of established term for payment for each following tax period shall be determined in consideration of accrued and (or) undervalued amount of the value added tax for the previous tax periods included into this tax inspection.

2. For the purpose of a part one of this Article in case, if the person is subject to administrative liability for undervaluation of indirect tax amounts in the application on entry of goods and payment of indirect taxes, such person shall not be subject to administrative liability separately for undervaluation of the mentioned indirect tax amounts in a declaration on indirect taxes on imported goods.

3. For the purpose of a part three of this Article, the person shall be also subject to administrative liability in case of non-representation of advance payments within the tax period on corporate income tax subjected to representation in accordance with the tax legislation of the Republic of Kazakhstan. By this, the accrued amount of advance payments shall be equated to zero.

4. For the purposes of part three of this Article, when determining the excess, the following shall not be taken into account:

excess formed in connection with the adjustment of the tax on mining in accordance with paragraph 3 of Article 742 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax code);

corporate income tax, calculated from the total profit of controlled foreign companies or permanent establishments of controlled foreign companies, determined in accordance with Article 297 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax code).

Footnote. Article 278 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); No. 217-VI dated 21.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 279. Non-fulfillment of the obligation by a tax agent on deduction and (or) transfer of taxes

1. Non-deduction or partial deduction of tax amounts by a tax agent subjected to deduction and (or) transfer into the budget, within the term established by the tax legislation of the Republic of Kazakhstan, shall –

entail a fine on private notary officers, judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of non-deducted tax amount and other compulsory payments.

2. Non-transfer or incomplete transfer of deducted tax amounts by a tax agent subjected to transfer into the budget, within the term established by the tax legislation of the Republic of Kazakhstan, shall –

entail a fine on private notary officers, judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-profit organizations in amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount of twenty monthly calculation indices.

Note. The person shall not be subject to bringing to administrative liability provided by this Article on deducted (subjected to deduction) tax amounts detected by a tax agent on an individual basis and mentioned in additional tax reporting, upon condition of their transfer into the budget no later than three business days from the date of representation of additional tax reporting to the state revenues body.

Article 280. Statement of dummy invoice

Statement of dummy invoice by a tax payer, shall –

shall entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred percent of amount of value added tax included into the invoice.

Note. Dummy invoice shall be regarded as the invoice made by a payer that is not registered on value added tax, and equally by a person that in fact did not perform works, render services, dispatch goods and including the amount on value added tax.

Footnote. Article 280 as amended by the Law of the Republic of Kazakhstan No. 217-VI dated 21.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 280-1. Violation of the procedure for invoices statement, as well as violation of the accounting system for the movement of goods included in the list

1. Non-statement of an invoice in electronic form by a taxpayer shall -

entail a notification.

2. The action provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on subjects of small entrepreneurship in amount of forty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

3. Statement of the invoice by a taxpayer in electronic form with violation of the term shall –

entail a notification.

4. The action provided by part three of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices.

5. Absence of shipping documents certified by the seal of state revenue authorities, registration of which is envisaged when exporting goods, included in the list in violation of the goods movement accounting system, outside the territory of the Republic of Kazakhstan, shall –

entail a fine in amount of fifty monthly calculation indices.

6. The action provided by part five of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine in amount of one hundred monthly calculation indices.

Note. The goods included in the list should be understood as goods, the code of the single Commodity nomenclature for foreign economic activity of the Eurasian economic union and which name is included in the list of goods in accordance with the protocol on certain issues of import and circulation of goods on the customs territory of the Eurasian economic union, ratified by the Law of the Republic of Kazakhstan dated 09.12.2015.

Footnote. Chapter 16 is supplemented by Article 280-1 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2015 No. 432-V (shall be enforced from 01.01.2016); in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 281. Breach of the legislation of the Republic of Kazakhstan in the field of the state regulation of production and turnover of separate types of oil products and sub-excise goods, with the exception of biofuel, ethyl alcohol and alcohol products

1. Failure to submit or late submission of declarations for oil products, tobacco products, as well as failure to submit or late submission of information necessary for monitoring,

entail a fine on individuals in amount of five, on subjects of small entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

2. Acts provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations - in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship - in amount of sixty monthly calculation indices.

2-1. Unreliable reflection of the volume of oil products, the number of tobacco products, as well as an unreliable indication of a personal identification number-code for oil products, tobacco products in declarations for oil products, tobacco products, in the information required for monitoring, shall –

entail entail a fine on individuals in the amount of ten, on the subjects of small entrepreneurship or non-profit organizations – in the amount of twenty, on the subjects of medium entrepreneurship – in the amount of forty, on the subjects of large entrepreneurship – in the amount of fifty monthly calculation indices.

2-2. Acts provided by part 2-1 of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

3. Breach of the legislation of the Republic of Kazakhstan in the field of the state regulation of production and turnover of tobacco products committed in the form of:

1) refusal in representation of details to the authorized body or representation of inaccurate information in the scope of production and turnover of tobacco products, and equally non-representation of information within thirty calendar days in written form on introduced amendments and supplements in a production passport;

2) production of tobacco products not by address stated in a license, on equipment that do not conform to requirements established by the legislation of the Republic of Kazakhstan;

3) non-carrying out of activity on production of tobacco products within the year from the date of issuance of a license, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices, with the suspension of a license.

4. Acts provided by a part three of this Article committed repeatedly second time within a tear after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred and fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship - in amount of nine hundred monthly calculation indices, with the deprivation of a license.

5. Violation of conditions of production and (or) turnover of separate types of oil products and sub-excise goods, with the exception of biofuel, ethyl alcohol and alcohol products committed in the form of:

1) turnover of ethylated petrol and (or) slop oil products, as well as their storage without the further processing by individuals and (or) legal entities;

2) excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2020);

3) sale of oil products by the persons, with the exception of oil producers and oil suppliers, not from the oil product depots, gas filling stations;

4) breaking of seals on control metering instruments;

5) turnover (except for export) of tobacco products with the prices lower than minimal prices established by the Government of the Republic of Kazakhstan;

6) sale of oil products from gas filling stations of movable type on agricultural lands at the places of concentration of agricultural vehicles at field works;

7) turnover of oil products including metallic additives (iron, manganese, led and others, except for antistatic additives for diesel fuel) by individuals and (or) legal entities;

8) sales and (or) shipment of certain types of petroleum products by petroleum product manufacturers, oil suppliers, wholesale suppliers of petroleum products or retail sellers of petroleum products without control metering devices or bypassing control metering devices, except for cases of sale and (or) shipment of certain types of petroleum products from petroleum product depots;

9) is excluded by the Law of the Republic of Kazakhstan dated 25. 12. 2017 No. 122-VI (shall be enforced from 01.01.2018);

10) sale of petroleum products by wholesale suppliers of petroleum products that purchase oil products from producers, suppliers of oil, importers not to retail sellers of oil product or not to final consumers, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship - in amount of one hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices with confiscation of oil products, tobacco products that are direct objects of an administrative offense, and (or) income, derived from committing an offense, or without it.

6. The actions provided by a part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of forty, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices with confiscation of oil products, tobacco products that are direct objects of an administrative offense, and (or) income derived from the committing an offense.

7. Manufacture of gasoline and diesel fuel using metal-containing additives (iron, manganese, lead and others, except for antistatic additives for diesel fuel) through the fault of the producer of petroleum products shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

8. Stopping the operation of technological installations due to the fault of the producer of petroleum products, used for production of petroleum products without the consent of the authorized body in the field of production of petroleum products, except for cases of the need to immediately prevent an emergency, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship - in amount of two hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

9. Non-submission of an annual schedule for conducting of preventive maintenance of technological installations for approval to the authorized body in the field of production of petroleum products and (or) its non-compliance due to the fault of the producer of petroleum products –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship - in amount of two hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

10. Non-fulfillment of the minimum volumes of production of petroleum products established by the authorized body in the field of production of petroleum products due to the fault of the producer of petroleum products shall -

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 281 as amended by the laws of the Republic of Kazakhstan dated 09.04.2016 No. 500-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.12.2017, No. 122-VI (see order of enforcement Article 11); dated 12.12.2017, No. 126-VI (shall be enforced from 01.01.2018); dated 28. 12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 282. Breach of the legislation of the Republic of Kazakhstan on the state regulation of production and turnover of ethyl alcohol and alcohol products

1. Н Non-presentation or untimely presentation of a declaration for ethyl alcohol and (or) alcohol products, shall –

entail a fine on individuals in amount of five, on subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

2. Acts provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly calculation indices.

2-1. Inaccurate reflection of the volume of ethyl alcohol and (or) alcoholic products, as well as inaccurate indication of the personal identification number-code for ethyl alcohol and (or) alcoholic products in the declaration for ethyl alcohol and (or) alcoholic products, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2-2. Acts provided by part 2-1 of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

3. Violation of the conditions of turnover and movement of ethyl alcohol and alcohol products committed in the form of:

1) storage and sale of alcohol products outside the places established by the Laws of the Republic of Kazakhstan;

Note!
The subparagraph 2) provided in the editorial office by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (it is put into effect from 01.01.024).

2) turnover of alcohol products in a composite plastic container, as well as in a cardboard package with polyethylene coating and foiled plastic bag placed in a cardboard box, and equally in dirty, misshaped, with obvious signs of breakage, with affected closure of bottles, as well as having common turbidity, foreign inclusions, settlings (except for vintage wines);

Note!
The effect of subparagraph 3) is suspended until 01.01.2024 by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII and during the suspension period this subparagraph is valid in the following wording.

3) turnover of alcoholic beverages in tin containers (except beer, beer drink and low-grade alcoholic beverages with a strength of less than twelve percent), in bottles without labels and plastic containers (except for bottling beer and beer drink);

4) retail sale of vodkas and special vodkas, vodkas with a protected appellation of origin, strong alcoholic beverages, cognac and brandy below the minimum retail prices established by the Government of the Republic of Kazakhstan;

5) storage and wholesale trade of alcohol products by two and more licensees in one storage capacity;

6) storage and sale without existence of the tools determining the security features of accounting- control marks and (or) reading information from accounting-control marks of alcohol products subjected to marking by accounting-control marks, -

7) excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2020).

entail a fine on individuals in amount of fifty, on subjects of small entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two hundred, on legal entities that are the subjects of large entrepreneurship – in amount of six hundred monthly calculation indices with confiscation of sub-excise goods that are the direct subject of infraction.

4. The actions provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of one hundred, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of eight hundred monthly calculation indices, with the confiscation of sub-excise goods,being the direct subject of infraction.

5. Violation of conditions of production of ethyl alcohol and (or) alcohol products committed in the form of:

1) non-representation of information by a producer on introduced amendments or supplements to production passport up to thirty calendar days from the date of introduction of amendments or supplements to production passport;

Note!
The effect of subparagraph 2) is suspended until 01.01.2024 by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII and during the suspension period this subparagraph is valid in the following wording.

2) production of ethyl alcohol and (or) alcoholic beverages without equipping technological lines with control metering devices, except for the production of wine in bulk (wine material), as well as beer and beer drink, the production capacity of which is below four hundred thousand decaliters per year;

Note!
The effect of subparagraph 3) is suspended until 01.01.2024 by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII and during the suspension period this subparagraph is valid in the following wording.

3) production of ethyl alcohol and (or) alcoholic beverages with faulty control metering devices, as well as with excess deviations in accounting, except for the production of wine in bulk (wine material), as well as beer and beer drink, the production capacity of which is below four hundred thousand decaliters per year;

4) production of ethyl alcohol and alcohol products by two and more licensees at one and the same stationary premises and equipment, shall –

entail a fine on subjects of medium entrepreneurship in amount of two hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices, with suspension of a license.

6. The act provided by a part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship - in amount of nine hundred monthly calculation indices, with deprivation of a license.

7. Violation of the conditions of production and turnover of ethyl alcohol and (or) alcohol products committed in the form of:

1) carrying out of activity in the period of suspension of the license validity term on such activity;

2) production of alcohol products from ethyl alcohol produced not from food raw materials, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship - in amount of seven hundred monthly calculation indices, with deprivation of a license.

8. Excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).
9. Excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).
Note!
The effect of paragraph one of part ten is suspended until 01.01.2024 by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII and during the suspension period this subparagraph is valid in the following wording.

10. Non–compliance with the minimum percentage of the use of production capacity and minimum production volumes in the production of ethyl alcohol (except cognac alcohol), vodkas and special vodkas, vodkas with a protected appellation of origin -

entail a fine on subjects of medium entrepreneurship in amount of five hundred, on subjects of large entrepreneurship - in amount of one thousand of monthly calculation indices, with suspension of a license.

11. The act provided by a part ten of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of medium entrepreneurship in amount of one thousand, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices, with deprivation of a license.

12. Storage and sale of alcohol products in the buildings and in the territories of public health, education, health and fitness organizations, sports and sporting technical structures, gas filling stations, trade markets, cultural leisure organizations, shall – entail suspension of the license validity term.

13. The actions provided by a part twelve of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail deprivation of the license.

Footnote. Article 282 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); as amended by the laws of the Republic of Kazakhstan dated 27.10.2015, No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.12.2017, No. 122-VI (order of enforcement see Article 11); dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 No. 137-VII (see Article 2 for the procedure for entry into force).

Article 283. Violation of the rules of labeling (re-labeling) of alcoholic beverages, with the exception of wine in bulk, brewing products, accounting and control marks and tobacco products by means of identification

Footnote. The title of Article 283 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 No. 137-VII (shall be enforced from the date of its first official publication).

1. Violation by the manufacturer or importer of the rules of labeling (re-labeling) of alcoholic beverages, with the exception of wine in bulk, brewing products, accounting and control marks and tobacco products by means of identification –

entail a fine on subjects of medium entrepreneurship in amount of two hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices, with confiscation of excisable goods, which were the direct objects of an offense, and with the deprivation of a license.

2. Turnover of excisable goods subject to labeling by means of identification and (or) accounting and control marks, made in the form of storage, sale and (or) transportation of excisable products without means of identification and (or) accounting and control marks, as well as with stamps and means of identification of an unidentified sample and (or) not identifiable, –

entail a fine on individuals in amount of fifty, on subjects of small entrepreneurship – in amount of one hundred and fifty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices, with confiscation of excisable goods that are direct object of an offense, and with deprivation of a license.

Footnote. Article 283 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 No. 137-VII (shall be enforced from the date of its first official publication).

Article 283-1. Non-presentation or untimely presentation of accompanying invoice for goods, inconsistency in name, inaccurate reflection of quantity (volume) of goods in the accompanying invoice for goods, as well as inaccurate indication in the accompanying invoice for goods of a personal identification code-number for petroleum products, tobacco products, ethyl alcohol and alcoholic products , biofuel

1. Non-presentation or untimely presentation of accompanying invoices for goods –

entail a fine on individuals in amount of five, on subjects of small entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship - in amount of thirty monthly calculation indices.

2. Act provided by part one of this Article, committed repeatedly second time within a year after imposition an administrative sanction, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship - in amount of sixty monthly calculation indices.

3. Inconsistency of the name, inaccurate reflection of the quantity (volume) of goods in the accompanying invoice for goods, as well as inaccurate indication in the accompanying invoice for goods of the personal identification code-number for petroleum products, tobacco products, ethyl alcohol and alcoholic products, biofuel, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

4. Acts provided by part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of fourty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices.

5. Failure to issue accompanying invoices for goods, as well as the circulation of certain types of petroleum products, tobacco products, biofuels, circulation and movement of ethyl alcohol and (or) alcoholic beverages without accompanying invoices for goods, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices, with the confiscation of ethyl alcohol and (or) alcoholic products, certain types of oil products, tobacco products, biofuels, which are the direct subjects of an administrative infraction, and (or) income, money received as a result of an administrative infraction.

6. Act provided by part five of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine on individuals in amount of forty, on subjects of small entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices, with the confiscation of ethyl alcohol and (or) alcoholic products, certain types of oil products, tobacco products, biofuels, which are the direct subjects of an administrative infraction, and (or) income, money received as a result of an administrative infraction.

Footnote. Chapter 16 is supplemented by Article 283-1 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2015 No. 432-V (shall be enforced from 01.01.2020).

Article 284. Violation of the procedure for using cash register machines

1. Non-use of cash register machine upon making cash settlements in a territory of the Republic of Kazakhstan performed during trading operations, performance of works, rendering of services by cash money, as well as use of defective or unregistered cash register machine in the state revenues body at place of use, shall –

entail a notification.

2. Actions (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of fifteen, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

3. Non-issuance of a receipt of cash register machine or sales check or issuance of a receipt of cash register machine or sales check in amount of more or less than the sum paid for goods or service, shall – entail a notification.

4. The act provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

5. Violation of the terms for filing a tax application for introduction of amendments into the registration data of cash register machine, substitution (restoration) of record book of cash money or sales check book, as well as upon technical defect of the cash register machine, elimination of which is impossible without violation of the integrity of a seal of the state revenues body, shall –

entail a notification.

6. The act provided by a part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

7. Non-indication of one or several following requisites in a control check of cash register machine:

1) name of a tax payer;

2) identification number;

3) factory number of a cash register machine;

4) registration number of cash register machine in the state revenues body;

5) index number of a check;

6) date and time of purchasing goods, performance of works, rendering of services;

7) price of goods, work, service and (or) sum of purchase;

8) a fiscal indication or non-reflection in the control check of the hardware and software systems (except for hardware and software systems used by banks and organizations that perform certain types of banking operations) of one or more details specified in subparagraphs 1) to 7) of this part, -

entail a notification.

8. The act provided by a part seven of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

9. Non-filling of a record book of cash money during the operation of cash register machine or non-conformance of indications of the shift reports to the data of the record book of cash money on the relevant date, or failure to record in the record book of cash money upon carrying out of operations in the cash register machine on cancellation of wrongly introduced sum or return of cash money for the sold goods, performed works, rendered services, shall –

entail a notification.

10. The act provided by a part nine of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

11. Non-conformance of the indications of a report on current state of a cashier to the sum of cash money in the cashier at the moment of reading of the fiscal report considering the sums of acceptance and disbursal of cash money not linked with sales of goods, performance of works, rendering of services indicated in a record book of cash money detected in the course of tax inspection, shall –

entail a notification.

12. The act provided by a part eleven of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

13. Violations of the terms for retention of the shift report, record book of cash money, sales checks, registration card of cash register machine, annulment or return check, as well as control check on which the operation of annulment or return is conducted, established by the tax legislation of the Republic of Kazakhstan, shall –

entail a notification.

14. The act provided by a part thirteen of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

15. Conduct of operations in cash register machine on cancellation of wrongly entered sum or return of cash money for sold goods, performed works, rendered services without existence of original of a control check for the sold goods, performed works, rendered services, shall –

entail a notification.

16. The act provided by a part fifteen of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

17. Violation of the term for presenting cash register machine to the state revenues body for installation of seals after elimination of technical defectdefect of the cash register machine, the elimination of which is impossible without violation of integrity of the seal of the state revenues body, shall –

entail a notification.

18. The act provided by a part seventeen of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on private notary officers, judicial enforcement agent, subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

19. Violation of the procedure for receiving and storing information from cash registers with the function of fixing and (or) transmitting data on cash settlements carried out when selling goods, performing works, rendering services by the operator of fiscal data, and also transferring them to state revenue authorities –

shall entail a notification.

20. The action provided by part nineteen of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on operator of fiscal data in amount of one hundred fifty monthly calculation indices.

Footnote. Article 284 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (shall be enforced from 01.01.2016); No. 241-VI dated 02.04.2019 (shall be enforced from 01.07.2019).

Article 285. Non-fulfillment of the obligations by banks and organizations carrying out separate types of banking operations, established by the tax legislation of the Republic of Kazakhstan

1. Non-fulfillment of the obligations by banks and organizations carrying out separate types of banking operations, established by the tax legislation of the Republic of Kazakhstan committed in the form of:

1) non-notification of the state revenues bodies on opening of banking accounts to a tax payer – legal entity, including non-resident, its structural subdivisions, individual being registered as an individual entrepreneur, private notary officer, private officer of justice, advocate, foreign person and stateless person by transferring through informational communication network ensuring guaranteed delivery of messages, no later than one business day following the date of their opening, or upon forwarding a message in hard copy – within three business days;

2) conduct of an operation on banking accounts of clients without identification number in payment documents (with the exception of a bill and payment documents, on the basis of which a bank carries out the acceptance and disbursal of cash money);

3) is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

4) non-suspension of debit operations by order of the state revenues bodies within the sum of debts for tax stated in such order, on banking accounts (with the exception of correspondent) of an individual being registered as an individual entrepreneur, private notary officer, private officer of justice, advocate, legal entity, structural subdivision of a legal entity, structural subdivision of a legal entity-non-resident carrying out the activity in the Republic of Kazakhstan through the permanent institution in the manner established by the Laws of the Republic of Kazakhstan;

5) non-representation of a report on monetary movement to the state revenues body within the term established by the tax legislation of the Republic of Kazakhstan, placed on a conditional banking deposit within accounting quarter, in existence of such monetary movement in the form established by the authorized body;

6) opening of a new banking account for own client in existence of the opened banking account in this bank of the latter, in respect of which the collection orders or regulations on suspension of debit operations on banking accounts of a tax payer are issued;

7) opening a bank account to an inactive taxpayer, a taxpayer having a tax debt, arrears of social payments, information about it is posted on the Internet resource of the authorized body –

entail a fine in amount of five percent of a sum of committed debit operations on banking accounts of tax payers for the period of non-fulfilling the obligations by the bank established by the tax legislation of the Republic of Kazakhstan.

2. Non-transfer or untimely transfer of the tax amounts into the budget by banks and organizations carrying separate types of banking operations placed under the contracts on conditional bank deposit, shall –

entail a fine in amount of fifty percent of a sum of non-transferred or untimely transferred tax and other compulsory payment into the budget placed on a conditional bank deposit.

2-1. Non-execution by banks and organizations, carrying out certain types of banking operations, as a matter of priority, of a payment order of a taxpayer for payment of taxes and other mandatory payments to the budget, collection orders of state revenue authorities on collection of taxes, other mandatory payments, penalties and fines - no later than one business day, following the day when the taxpayer or state revenue authorities received the instruction, shall -

entail a fine in amount of five percent of the sum not listed on the payment order, or an unsettled collection order.

3. Non-fulfillment of obligations by banks and organizations carrying out separate types of banking operations, established by the tax legislation committed in the form of:

1) non-notifying the state revenues bodies on closing banking accounts of a tax payer – legal entity, including non-resident, its structural subdivisions, individual registered as an individual entrepreneur, private notary office, private officer of justice, advocate, foreign person and stateless person by transferring messages through informational communication network that ensures guaranteed delivery, but no later than one business day next to the date of their opening, or upon sending notification in a hard copy – within three business days;

Subparagraph 2) of Paragraph 3 is provided amendment by the Law of the Republic of Kazakhstan No. 342-V dated 02.08.2015 (shall be enforced from 01.01.2023).

2) acceptance of payment documents for payment of taxes and other mandatory payments to the budget, social deductions, deductions and (or) contributions to compulsory social health insurance, transfer of mandatory pension contributions and mandatory professional pension contributions with incorrectly indicated identification number;

3) acceptance of payment documents in payment for taxes on a transport vehicle with incorrectly specified identification number of the transport vehicle;

4) non-notifying the authorized body on suspension of accrual of remuneration to an individual registered as an individual entrepreneur, or legal entity upon termination of recognizing incomes in the form of remuneration on provided credit (loan) – no later than 31 March of the year next to the accounting taxable period;

4-1) non-submission to state revenue authorities of information on contracts, containing conditions for the transfer of rights (claims) to collection agencies - no later than the 25th day of the month following the quarter;

Subparagraph 5) of Paragraph 3 is provided amendment by the Law of the Republic of Kazakhstan No. 342-V dated 02.08.2015 (shall be enforced from 01.01.2023).

5) non-transfer (non-crediting), untimely transfer (crediting) of sum of taxes and other mandatory payments to the budget, mandatory pension contributions and mandatory professional pension contributions, social deductions, deductions and (or) contributions to compulsory social health insurance or making mistakes in filling in requisites payment document due to the fault of the bank or organization performing certain types of banking operations, when transferring to a bank or other organization, carrying out cash execution of the budget system, the sum of taxes and other mandatory payments to the budget, surcharges and fines;

6) non-admission of a civil servant of the state revenues bodies for inspection of availability of money and committed operations on banking accounts of the inspected individual registered as an individual entrepreneur, private notary officer, private officer of justice, advocate or legal entity;

7) non-notifying the state revenues body on occurrence of the income of a tax payer- loan debtor from writing off of obligations within thirty calendar days from the date of writing off of the obligations on provided credits (loans) from the loan debtor being an individual registered as an individual entrepreneur, or legal entity;

8) failure to provide, within ten working days from the date of receipt of a request from the state revenue authority, information on the availability and numbers of bank accounts, on the balances and movement of money on these accounts with taxpayers, as well as on loans granted to the inspected individual, indicating the repayment amounts, including remuneration, shall –

entail a fine in amount of thirty monthly calculation indices.

9) non-submission, untimely, unreliable or incomplete submission of information by telecommunication network on availability (opening), bank account numbers and money balances on these accounts, as well as the availability, type and value of other assets, including those placed on metal accounts or located in the management of individuals and legal entities - non-residents, as well as legal entities whose beneficial owners are non-residents, as well as at the request of state revenue authorities -

entail a fine in amount of thirty monthly calculation indices.

Footnote. Article 285 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 16.11.2015 No. 406-V (shall be enforced from 01.07.2017); dated 30.11.2016 No. 26-VI (shall be enforced from 01.01.2017); dated 12.12.2017, No. 122-VI (shall be enforced from 01.01.2018); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 285-1. Non-fulfillment of the obligations by custodians, brokers and (or) dealers holding the right for maintenance clients accounts as nominal holders of securities, investment portfolio managers, insurance organizations, collection agencies, established by the tax legislation of the Republic of Kazakhstan

Footnote. Heading of Article 285-1 is in the wording of the Law of the Republic of Kazakhstan No. 166-VI dated 02.07.2018 (shall be enforced from 01.01.2019).

1. Non-presentation, untimely, unreliable or incomplete presentation of the information on availability of accounts for securities accounting by custodians, brokers and (or) dealers holding the right for maintenance clients accounts as nominal holders of securities, opened to non-resident individuals, non-resident legal entities as well as legal entities whose beneficial owners shall be non-residents, as well as balances and securities flow in these accounts –

entail a fine in amount of thirty monthly calculation indices.

2. Non-submission, untimely, unreliable or incomplete submission of information on the availability of assets, except for those specified in part one of this Article, belonging to non-resident individuals, non-resident legal entities, as well as legal entities, beneficial owners of which are non-residents, by custodians, investment portfolio managers, shall -

entail a fine in amount of thirty monthly calculation indices.

3. Non-submission, untimely, unreliable or incomplete submission of information on concluded accumulation insurance agreements, beneficiaries for which are non-resident individuals, by insurance organizations, performing activities in the field of "life insurance", shall -

entail a fine in amount of thirty monthly calculation indices.

4. Non-submission, untimely, unreliable or incomplete submission of information on contracts, containing conditions for the transfer of rights (claims) to the collection agency by collection agencies, shall –

entail a fine in amount of thirty monthly calculation indices.

Footnote. The Code is supplemented by Article 285-1 in accordance with the Law of the Republic of Kazakhstan dated 30.11.2016 No. 26-VI (shall be enforced from 01.01.2017); as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); No. 166-VI dated 02.07.2018 (shall be enforced from 01.01.2019).

Article 286. Representation of knowingly false details on banking operations

Representation of knowingly false details by banks and organizations carrying out separate types of banking operations on the operations on banking accounts of legal entities or individuals, and equally issuance of the warrantees, guarantees and other obligations, knowingly not ensured by a factual financial condition of this bank, if these actions did not entail infliction of a heavy damage to an individual or legal entity or the state, shall –

entail a fine in amount of fifty monthly calculation indices.

Note. Heavy damage inflicted to an individual shall be regarded as the sum exceeding two thousand, to legal entity – twenty thousand monthly calculation indices, as of the date of commission of the infraction.

Article 287. Non-execution of the duties established by the tax legislation of the Republic of Kazakhstan, by taxpayers when exporting and importing of goods, fulfilling of works, providing of services in the Eurasian economic union, as well as non-fulfillment of the requirements established by the legislation of the Republic of Kazakhstan by persons

Footnote. Title of Article 287 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Non-payment, incomplete payment or untimely payment of indirect taxes within the term established by the tax legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

2. Non-representation of the obligations by a tax payer on import (export) of products after processing to the state revenues body and their non-fulfillment, provided by the tax legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

3. Non-notification or untimely notification of state revenue authorities in the following cases:

1) upon temporary import of goods into the territory of the Republic of Kazakhstan from the territory of the states-members of the Eurasian economic union, which in the future will be exported from the territory of the Republic of Kazakhstan without changing the properties and characteristics of the imported goods;

2) upon temporary export of goods from the territory of the Republic of Kazakhstan to the territory of the states-members of the Eurasian economic union, which in the future will be imported into the territory of the Republic of Kazakhstan without changing the properties and characteristics of the exported goods, shall -

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

4. Violation of the terms for processing of raw materials, exported from the territory of the Republic of Kazakhstan to the territory of a state-member of the Eurasian economic union, as well as imported into the territory of the Republic of Kazakhstan from the territory of a state-member of the Eurasian economic union, established by the tax legislation of the Republic of Kazakhstan, shall –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of thirty percent of the sum of assessed taxes.

5. Non-notifying or untimely notification by an organizer of the exhibition-fair trade, shall –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

6. Violation of the procedure for organizing exhibition fair trade by an organizer, shall –

entails a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

7. Excluded by the Law of the Republic of Kazakhstan No. 127-VI dated 28.12.2017 (shall be enforced upon expiry of ten calendar days after its first official publication).

Note. For the purposes of part one of this Article, in case that a person is brought to administrative liability for not registering goods, imported to the territory of the Republic of Kazakhstan from the territory of the states- members of the Eurasian economic union provided by Article 275 of this Code, such person shall not be brought to administrative liability, provided by part one of this Article.

Footnote. Article 287 as amended by the Law of the Republic of Kazakhstan No. 127-VI dated 28.12.2017 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 288. Failure to perform the legal requirements of the state revenues bodies and their civil servants

Footnote. Title of Article 288 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).

1. Failure to perform the legal requirements of the state revenues bodies and their civil servants by a tax payer, shall –

entail a notification.

2. Actions (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of fifteen monthly calculation indices.

3. Illegal impeding to access of a civil servant of the state revenues bodies conducting tax inspection to the territory or to the premise used by a tax payer (except for resident premises) for entrepreneurial activity, shall –

entail a fine in amount of forty five monthly calculation indices.

4. Actions (omission) provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of sixty monthly calculation indices.

Footnote. Article 288 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 17. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
ENERGY SAVING AND INCREASE OF ENERGY EFFICIENCY

Article 289. Non-observance of regulatory values of a capacity rate in electric networks and increase of energy consumption standards

1. Non-observance of regulatory values of a capacity rate in electric networks shall –

entail a notification for subjects of small entrepreneurship, fine on subjects of medium entrepreneurship in amount of ten, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

2. Excess of energy consumption standards shall –

entail a notification on subjects of small entrepreneurship, a fine on subjects of medium entrepreneurship in amount of three, on subjects of large entrepreneurship – in amount of ten percent of the cost of energy resources, used in excess of the approved standards for the period when the offense occurred, but not more than one year.

3. The act provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

4. The act provided by a part two of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount of thirty percent of a cost of energy resources used over the approved standards for the period in which the infraction is occurred, but no more than for one year.

Note. Cost of the energy resource shall be determined on the basis of market price as of the date of detection of the infraction.

Footnote. Article 289 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 290. Non-fulfillment of the obligation on non-admission of direct loss of energy, water upon carrying out of their production and transfer

Footnote. Article 290 is excluded by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 291. Acceptance of new objects for operation, consuming energy resources that are not equipped by the relevant metering devices of energy resources and automated systems of heat consumption regulation

Footnote. Article 291 is excluded by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 292. Violation of the obligation by subjects of the State energy register on providing information being introduced into the State energy register, the requirement on compulsory annual reduction of the consumption volume of energy resources and water per unit of production, floor place of the buildings, structures and constructions to the sizes determined according to energy audit

Footnote. Title of Article 292 is in the wording of the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. Violation of the obligation by subjects of the State energy register on providing information introduced into the State energy register, the requirement on compulsory annual reduction of the consumption size of energy resources and water per unit of production, floor space of the buildings, structures and constructions to the sizes determined according to energy audit, within five years after conduct of the energy audit, shall –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

Footnote. Article 292 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 293. The absence of conclusion compulsory energy audit at the State energetic registry entity

Footnote. Heading of Article 293 is in the wording of the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The absence of conclusion compulsory energy audit at the State energetic registry entity –

entail a fine on subjects of small entrepreneurship in amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

Footnote. Article 293 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 294. Violation of restrictions on sale and use of products in the field of energy saving and increase of energy efficiency

Footnote. Title of Article 294 is in the wording of the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. Use of incandescent electric lamps with a capacity of 25 W and more that may be used in alternating current circuit for the purpose of lighting, –

entail a fine on subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with confiscation of incandescent electric bulbs with a power of 25 W and above that can be used in alternating current circuits for lighting purposes.

2. Actions provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of forty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices, with confiscation of incandescent electric bulbs with a power of 25 W and above that can be used in alternating current circuits for lighting purposes.

3. Sale and (or) use of energy-consuming devices that do not contain in the technical documentation and on labels information on the class and characteristics of energy efficiency in accordance with the technical regulations of the Customs union or the Eurasian economic union, -

entail a fine on subjects of small entrepreneurship in amount of three, on subjects of medium entrepreneurship – in amount of six, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

4. Actions provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of six, on subjects of medium entrepreneurship – in amount of twelve, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 294 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.29.2015 No. 376-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 No. 124-VI (shall be enforced from 01.01.2018); No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 295. Non-fulfillment of the obligation on creation, introduction and organization of the work of energy management system by subjects of the State energy register

Footnote. Article 295 is excluded by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Статья 296. Failure to comply with the procedure for energy audit established by the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency

Footnote. Heading of Article 296 is in the wording of the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Failure to comply with the procedure for energy audit established by the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency, –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of eighty monthly calculation indices.

2. An action provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall -

entail a fine on subjects of small entrepreneurship in amount of fifteen, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred and fifty monthly calculation indices, with exclusion of legal entities, carrying out activities in the field of energy conservation and energy efficiency from the registry.

Footnote. Article 296 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.03.2016 No. 479-V (shall be enforced from 01.01.2017); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 18. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
INDUSTRY, USE OF HEATING, ELECTRIC AND NUCLEAR ENERGY

Article 297. Violations of safety requirements upon handling with explosive materials, radioactive and other environmentally hazardous substances

1. Violations of safety requirements during production, storage, disposal, destruction, use, utilization, transportation or another handling with explosive materials, pyrotechnical substances, radioactive, bacteriological, chemical and other environmentally hazardous substances and wastes in the branches of production and on the objects being under the control of a supervisory bodies, with the exception of cases provided by Article 416 of this Code, if these actions do not contain the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Violation of established rules of production, storage, disposal, use, utilization, transportation or another handling with nuclear materials, radioactive substances, special non-nuclear materials and products of double-purpose having a relation to nuclear activity, with the exception of the cases provided by Article 416 of this Code, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 297-1. Import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of precious metals, precious stones, raw materials, containing precious metals, jewelry and other products made of precious metals and precious stones

1. Import into the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of precious metals, precious stones, raw materials, containing precious metals, jewelry and other products made of precious metals and precious stones with violation of the legislation of the Republic of Kazakhstan shall -

entail a fine on individuals in amount of thirty, on officials, subjects of small entrepreneurship – in amount of one hundred and fifty, on subjects of medium- entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indices.

2. The actions provided by part one of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall –

entail a fine on individuals in amount of fifty, on officials, subjects of small entrepreneurship – in amount of one hundred and eighty, on subjects of medium- entrepreneurship – in amount of seven hundred, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices.

Footnote. Chapter 18 is supplemented by Article 297-1 in accordance with the Law of the Republic of Kazakhstan dated 14.01.2016 No. 445-V (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 298. Violation of rules on safety performance of works

1. Violation of established requirements for the safe conduct of work in branches of industry, mining and construction works or on the objects being under the control of the authorized body in the field of industrial safety and other state control and supervision bodies, if this did not result in negligence causing serious or moderate harm to human health, shall -

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Violation of requirements of industrial safety during development of the projects of construction, reconstruction, modernization, liquidation of hazardous production objects, shall –

entail a fine on individuals in amount of twenty, on officials, subjects of small entrepreneurship – in amount of forty-five, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred and fifty monthly calculation indices.

3. Concealing of a fact of accident, incident on a hazardous production object, shall –

entails a fine on officials, subjects of small entrepreneurship or non-profit organizations in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred and fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

4. Action (omission) provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on officials, subjects of small entrepreneurship or non-profit organizations in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

Footnote. Article 298 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 299. Violation of the legislation of the Republic of Kazakhstan upon conduct of attested types of works in the fields of industrial safety and safety of dams, operation of retaining hydraulic structures

Footnote. Heading of Article 299 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

1. Breach of the legislation of the Republic of Kazakhstan during conduct of attested types of works in the fields of industrial safety and safety of dams committed in the form of:

1) issuance of expert reports, including those in the field of explosive works containing incomplete and (or) inaccurate information on conformance (non-conformance) of the subject of examination based on the results of the conducted examinations in the field of industrial safety;

2) formulation of industrial safety declarations of hazardous production objects that do not conform to the requirements of industrial safety;

3) inconsistencies in training, retraining of specialists, employees of hazardous production objects with industrial safety requirements;

4) conduct of technical maintenance of gas consuming systems that does not ensure their operative condition;

5) issuance of expert reports, formulation of industrial safety declarations containing incomplete and (or) inaccurate information on their conformance (non-conformance) to requirements established by the water legislation of the Republic of Kazakhstan, shall –

entail a fine on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with suspension of the validity term of attestation or without such.

2. The action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, and equally non-elimination of the violations provided by a part one of this Article, shall –

entail a fine on subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices, with deprivation of the attestation.

3. Operation of retaining hydraulic structures that meet the criteria for classifying dams as declared, without a safety declaration , shall –

entail a fine on individuals in amount of forty, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

4. Act provided by part three of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine on individuals, subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

Footnote. Article 299 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 300. Violation of approved rules of technical operation of electric power stations and networks, safety regulations during operation of thermal and mechanical equipment of electric power stations and heating networks, technical operation of electrical installations of the consumers, as well as violation of established energy consumption regimes

Violation of the approved rules of technical operation of electric power stations and networks, safety regulations during operation of thermal and mechanical equipment of electric power stations and heating networks, technical operation of electrical installations of the consumers that led to the condition threatening with an accident, environmental pollution, fire or dangerous for a life of a service personnel, as well as violation of established energy consumption regimes that entailed restrictions and (or) cutoff of other energy consumers, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 300-1. Excess of the approved normative values ​​of reliability indicators of power supply by energy transmitting organizations

Excess of the normative values ​​of reliability indicators of power supply by an energy transmitting organization shall –

entail a fine on an official of an energy transmitting organization in amount of one hundred and twenty-five monthly calculation indices.

Note. An official of an energy transmitting organization in this Article shall be understood as the first head of an energy transmitting organization or a person, performing his/her duties.

Footnote. Chapter 18 is supplemented by Article 300-1 in accordance with the Law of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 301. Violation of a term for receipt of the readiness certificate

1. Violation of a term for receipt of readiness certificate for conduct of works in autumn and winter conditions by energy producing and energy transmission organizations, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

2. The act provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

Article 301-1. Violation of the requirements for the issuance of technical conditions on connection to electric and heat networks

1. Violation of the requirements for the procedure and terms of the issuance of technical conditions on connection to electric and heat networks shall -

entail a fine on subjects of small entrepreneurship in amount of twenty-five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Refusal to accept documents and (or) issue technical conditions for connection to electric and heat networks shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Chapter 18 is supplemented with Article 301-1 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 89-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 301-2. Violation of the requirements for providing information on technological infringements

1. Untimely, unreliable provision of information on occurred technological infringements by energy-producing, energy-transmitting organizations shall -

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship - in amount of two hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

2. Concealment of information on technological infringements by energy-producing, energy-transmitting organizations shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred, on subjects of medium entrepreneurship - in amount of four hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indices.

Footnote. Chapter 18 is supplemented with Article 301-2 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 89-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 302. Damage of electric networks

1. Damage of electric networks with a voltage up to 1000 (overhead transmission lines, underground and underwater cable lines, transformation and converting substations, distributing gears and switching centres), shall –

entail a fine on individuals in amount of eight, on subjects of small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Damage of electric networks with a voltage over 1000 (overhead transmission lines, underground and underwater cable lines, transformation and converting substations, distributing gears and switching centres), shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of seventy monthly calculation indices.

3. The action provided by a part one of this Article that caused suspension in supplying electric energy of consumers and that inflicted damage, and equally committed repeatedly second time within a year, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

4. The action provided by a part two of this Article that caused suspension in supplying electric energy of consumers and that inflicted damage, and equally committed repeatedly second time within a year, shall –

entail a fine on individuals in amount of thirty, on subjects of small entrepreneurship or non-profit organizations – in amount of ninety, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two hundred fifty monthly calculation indices.

Article 303. Breach of the legislation of the Republic of Kazakhstan in the field of supporting use of renewable energy sources

1. Non-fulfillment and (or) improper fulfillment of the obligation established by the legislative ac of the Republic of Kazakhstan on supporting use of renewable energy sources to purchase electric, heating energy produced by energy producing organizations using renewable energy sources, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand five hundred monthly calculation indices.

2. Breach of the legislation of the Republic of Kazakhstan in the field of supporting use of renewable energy sources committed in the form of violation of the procedure and terms for determination of the nearest point of connection to electric or heating networks and connection of the objects on use of renewable energy sources, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand five hundred monthly calculation indices.

3. Acts provided by parts one and two of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

Article 304. Damage of heating networks

Damage of heating networks (pipelines and their constructions, channels, heating cameras, pumping stations), if this act did not entail harm to human health and environment, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Article 305. Performance of works in protective zones of electric and heating network lines, objects of gas supply systems

Production of construction, erection, earthwork, loading and unloading works, prospecting works related to the arrangement of wells and pits, arrangement of sites, parking of motor vehicles, placement of markets, buildings, structures, storage of materials, construction of barriers and fences, discharge and drain of caustic corrosives substances and fuel and lubrication materials in protective zones of electric and heating network lines, objects of gas supply systems without coordination with the organization, the jurisdiction of which includes electric or heating networks or objects of the gas supply systems, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 305 as amended by Law No. 89-VI of the Republic of Kazakhstan dated 11.07.2017 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 306. Violation of requirements on use of gas, safety operation of the objects of gas supply systems

1. Violation of requirements on safety operation of has consuming systems and gas equipment of domestic and household consumers established by the legislation of the Republic of Kazakhstan on gas and gas supply, shall –

entail a fine on individuals in amount of seven, on subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of twenty monthly calculation indices.

2. The action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

3. Unwarranted resumption of supplying commercial or liquefied petroleum gas to the gas consuming system, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

4. Violation of requirements on safety operation of the objects of gas supply systems, with the exception of has consuming systems and gas equipment of domestic and household consumers established by the legislation of the Republic of Kazakhstan, shall –

entail a fine on subjects of small entrepreneurship in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

5. Action provided by a part four of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

Article 307. Failure to take measures for ensuring of the preparation of a reserve fuel facility

Failure to take measures for ensuring of the preparation to work provided for industrial and (or) household consumers of a reserve fuel facility or failure to prepare gas consuming systems of industrial and (or) household consumers to work on established reserve fuel types, shall –

entail a notification or fine in amount of twenty monthly calculation indices.

Article 308. Damage of oil pipelines, gas pipelines and their equipment

Footnote. Title of Article 308 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Damage of oil pipelines and gas pipelines and their equipment or illegal installation, movement, connection of devices to the network, as well as other violations of the rules of their operation, which could be the cause of an accident, if these actions do not contain any signs of a criminal offense,-

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Acts provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on individuals in amount of twenty five, on subjects of small entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in amount of forty five, on subjects of large entrepreneurship – in amount of fifty five monthly calculation indices.

Footnote. Article 308 as amended by the Law of the Republic of Kazakhstan No. 127-VI dated 28.12.2017 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 309. Damage of territories upon performance of construction and repair works

Excavation of yards and squares without the relevant permission, blocking by construction materials, failure to take measures for cleaning the places of excavations, as well as construction sites after completing the construction and repair, shall –

entail a notification or fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Chapter 19. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF SPACE ACTIVITY

Article 310. Breach of the legislation of the Republic of Kazakhstan in the field of space activity

1. Breach of the legislation of the Republic of Kazakhstan in the field of space activity, committed in the form of:

1) realization of a project in the field of space activity, for which there is no favourable conclusion of industry examination in the field of the space activity;

2) launch of a space object from the territory of the Republic of Kazakhstan, as well as beyond its boundaries in case of its carrying out by a participant of the space activity from Kazakhstan without the favourable decision of the Government of the Republic of Kazakhstan on launch of the space object;

3) avoidance from the state registration of the space object;

4) creation of a direct threatening to human life and health;

5) use of the space technology and (or) stellar bodies for negative impact on the environment;

6) violation of international rules and standards on the space pollution, shall –

entail a fine on individuals in amount of fifty, on civil servants – in amount of one hundred, on subjects of small entrepreneurship – in amount of one hundred seventy five, on subjects of medium entrepreneurship – in amount of three hundred five, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices, with suspension of the license validity term for the right to carry out the activity in the scope of using space for six months or without such.

2. Action (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail deprivation of the license.

Article 311. Violation of the rules for creation and operation (application) of space systems in a territory of the Republic of Kazakhstan, and equally in the space

1. Violation of the rules for creation and operation (application) of space systems in a territory of the Republic of Kazakhstan, as well as in the space, expressed in operation of the space system, the results of which led to excess of the maximum allowed values of exposure of hazardous and harmful factors of industrial activity on operating personnel, population, space system, relating objects, environment and near-Earth space, shall –

entail a fine on individuals in amount of thirty, on subjects of small entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with suspension of the license validity term for the right to carry out the activity in the scope of using space for six months or without such.

2. Non-elimination of the violations that entailed bringing to administrative infraction provided by a part one of this Article, upon expiry of the term for suspension of the license validity term for the right to carry out the activity in the scope of using space, shall –

entail deprivation of the license.

Chapter 20. ADMINISTRATIVE INFRACTIONS IN THE SCOPES
OF ARCHITECTURAL, TOWN PLANNING, BUILDING ACTIVITY
AND HOUSING RELATIONS

Footnote. Title of Chapter 20 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 312. Performance of pre-project, survey, project, construction and assembling works with violation of the requirements of the legislation of the Republic of Kazakhstan and state regulations in the field of architectural, urban planning and construction activities, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 312 is in the wording of the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. Performance of pre-project, survey, project, construction and assembling works with violation of the requirements of the legislation of the Republic of Kazakhstan and state regulations for architectural, urban planning and construction activities, with the exception of the requirements established by technical regulations, –

entail a fine on civil servants in amount of sixty, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices.

2. The actions provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on officials in amount of one hundred and twenty, on subjects of small entrepreneurship in amount of four hundred, on subjects of medium entrepreneurship – in amount of eight hundred, on subjects of large entrepreneurship - in amount of one thousand four hundred monthly calculation indices, with deprivation of a license.

Footnote. Article 312 as amended by the Law of the Republic of Kazakhstan dated 28.12. 2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 313. Violation of requirements of the approved construction standards and project documents upon performance of construction and assembling and repair and restoration works, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 313 is in the wording of the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. Violation of requirements of the approved construction standards and project documents upon performance of construction and assembling and repair and restoration works, with the exception of the requirements established by technical regulations, that entailed degradation of operating qualities, strength reduction, sustainability of buildings, structures, their parts, –

entail a fine on civil servants in amount of forty, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices, with suspension of the licence validity term.

2. Commission of actions mentioned in a part one of this Article that entailed loss of strength, sustainability of buildings, structures, their parts or separate construction elements, shall –

entail a fine on officials in amount of eighty, on subjects of small entrepreneurship – in amount of four hundred, on subjects of medium entrepreneurship – in amount of eight hundred, on subjects of large entrepreneurship – in amount of one thousand four hundred monthly calculation indices, with deprivation of a license.

Footnote. Article 313 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 314. Performance of construction, construction and assembling, repair and restoration works upon erection and objects reconstruction without the project documentation approved in established manner, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 314 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. Performance of construction, construction and assembling, repair and restoration works upon erection and objects reconstruction without the project documentation approved in established manner, with the exception of the requirements established by technical regulations, –

entail a fine on civil servants in amount of forty, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly calculation indices with suspension of performed works.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on civil servants in amount of eighty, on subjects of small entrepreneurship – in amount of four hundred, on subjects of medium entrepreneurship – in amount of eight hundred, on subjects of large entrepreneurship – in amount of one thousand two hundred monthly calculation indices, with deprivation of the license and suspension of performed works.

Footnote. Article 314 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 315. Violation of the rules for preparing executive technical documentation provided by regulatory documents upon performance of construction and assembling, repair and restoration works on erection and reconstruction of objects, production of construction materials, products and structures, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 315 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Violation of the rules for preparing executive technical documentation provided by regulatory documents upon performance of construction and assembling, repair and restoration works on erection and reconstruction of objects, production of construction materials, products and structures, with the exception of the requirements established by technical regulations, –

entail a notification or fine on civil servants in amount of ten, on subjects of small entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 315 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 316. Construction (reconstruction, restoration, extension, technical re-equipment, modernization, capital repair) of objects and their complexes without project (design and estimate) documentation or according to project (design and estimate) documentation that did not undergo examination in established manner, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 316 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. Construction (reconstruction, restoration, extension, technical re-equipment, modernization, capital repair) of objects and their complexes without project (design and estimate) documentation or according to project (design and estimate) documentation that did not undergo examination in established manner, with the exception of the requirements established by technical regulations, –

entail a fine on individuals in amount of one hundred twenty, on civil servants – in amount of one hundred sixty, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred eighty, on subjects of large entrepreneurship – in amount of five hundred eighty monthly calculation indices.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, and equally non-elimination of a violation provided by a part one of this Article that entailed bringing to administrative liability, shall –

entail a fine on individuals in amount of one hundred sixty, on civil servants – in amount of two hundred, on subjects of small entrepreneurship or non-profit organizations – in amount of three hundred, on subjects of medium entrepreneurship – in amount of six hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

Footnote. Article 316 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 317. Breach of the legislation of the Republic of Kazakhstan upon performance of expert works and engineering services

1. Admission of non-conformance of performed (performing) construction and assembling works to approved project decisions by persons carrying out designer supervision, shall –

entail a fine on individuals in amount of one hundred and eighty monthly calculation indices with suspension of the certificate of an expert for the right to maintain the author's supervision for a period of six months.

2. Issuance of a favourable conclusion of the examination (expert estimation) for the project (design and estimate) documentation by the persons carrying out the projects examination, that does not conform to requirements of the legislation of the Republic of Kazakhstan and that does not ensure sustainability, reliability and strength of the built objects or the objects under construction, shall –

entail a fine on individuals in amount of one hundred and eighty monthly calculation indices with suspension of the certificate of an expert for the right to carry out the expertise of projects for a period of six months.

3. Admission of violations by the persons carrying out technical supervision at the stage of realization of the project including the quality, terms, acceptance of performed works and putting of the object into operation, shall –

entail a fine on individuals in amount of one hundred and eighty monthly calculation indices with suspension of a certificate of an expert for the right to maintain technical supervision for a period of six months.

3-1. Issuance by the persons, carrying out technical inspection of reliability and stability of buildings and structures, the conclusion made in violation of the requirements of the approved building standards and containing unreliable data, which may entail a deterioration in the performance, reduction in strength, stability of buildings, structures, their parts or individual structural elements, shall -

entail a fine on individuals in amount of one hundred and eighty monthly calculation indices with suspension of a certificate of an expert for the right to carry out technical survey of reliability and stability of buildings and structures for a period of six months.

4. The actions (inaction) provided by parts 1, 2, 3 and 3-1 of this Article, committed repeatedly within a year after imposing of an administrative penalty, shall -

entail a fine on individuals in amount of two hundred monthly calculation indices with deprivation of a certificate of an expert for the relevant type of service and specialization and with prohibition of activities for the right to carry out expert works and engineering services for a period of three years.

Footnote. Article 317 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); as amended by the laws of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 317-1. Violation of the legislation of the Republic of Kazakhstan in implementation of engineering services (technical supervision and project management) and expert works (project expertise and technical inspection of reliability and stability of buildings and structures) by accredited legal entities

1. Implementation of engineering services (technical supervision and project management) and expert works (project expertise and technical inspection of reliability and stability of buildings and structures) by accredited legal entities, having certified experts, with violation of the requirements of the legislation of the Republic of Kazakhstan and other normative and normative legal acts in the field of architecture, town planning and construction, including:

1) inconsistency of the performed (performing) construction and installation works to the approved design decisions;

2) issuance of a positive expert conclusion (expert evaluation) on the design (design and estimate) documentation that does not ensure stability, reliability and durability of erecting or erected objects;

3) violation at the stage of project implementation, including quality, terms, acceptance of completed work and delivering the facility into operation;

4) issuing conclusions on technical inspection of reliability and stability of buildings and structures, performed with violation of requirements of the approved building codes and containing unreliable data, which may lead to deterioration of operational qualities, reduction in strength, stability of buildings, structures, parts or individual structural elements;

5) non-compliance with the qualification requirements for accredited legal entities shall -

entail a fine on legal entities in amount of five hundred monthly calculation indices.

2. The action provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall-

entail a fine on legal entities in amount of seven hundred monthly calculation indices with the deprivation of a certificate of accreditation.

Footnote. Chapter 20 is supplemented with Article 317-1 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (shall be enforced upon expiry of three months after its first official publication).

Article 317-2. Certification of engineering and technical workers, participating in the design and construction process, with violation of requirements of the legislation of the Republic of Kazakhstan and other normative and normative legal acts in the field of architecture, town planning and construction

1. Attestation of engineering and technical workers, participating in the design and construction process, with violation of requirements of the legislation of the Republic of Kazakhstan and other normative and normative legal acts in the field of architecture, town planning and construction shall -

entail a fine on legal entities in amount of five hundred monthly calculation indices.

2. The action provided by part one of this article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on legal entities in amount of seven hundred monthly calculation indices with deprivation of a certificate of accreditation.

Footnote. Chapter 20 is supplemented by Article 317-2 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (shall be enforced upon expiry of three months after its first official publication).

Article 318. Violation of established order of acceptance and putting of objects and complexes into operation, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 318 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Violation of established order of acceptance and putting of objects and complexes into operation with violations of requirements of the state standards in the scope of architectural and construction activity, with the exception of the requirements established by technical regulations, –

entail a fine on individuals, civil servants in amount of fifty, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on subjects of medium entrepreneurship – in amount of two hundred twenty, on subjects of large entrepreneurship – in amount of six hundred fifty monthly calculation indices.

Footnote. Article 318 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 319. Illegal construction

Illegal construction of industrial, residential, economic, hydrotechnical (hydroeconomic) or domestic objects without the relevant right to land, shall –

entail a fine on individuals in amount of fifteen, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices with compulsory demolition of the built structure or structure under construction on a legal basis or without such.

Article 320. Violation of requirements of the legislative act of the Republic of Kazakhstan on share participation in housing construction and housing legislation of the Republic of Kazakhstan

1. Violation of requirements of the legislative act of the Republic of Kazakhstan on share participation in housing construction by a tenant builder, an authorized company, including the content of information to be disclosed, as well as the procedure for its distribution, or distribution of inaccurate, incomplete or unreliable information by a tenant builder, an authorized company's shall -

entail a fine on legal entities in amount of three hundred monthly calculation indices.

2. Non- presentation of information and reporting, provided by the laws of the Republic of Kazakhstan, or presentation of unreliable information and reporting by a tenant builder, an authorized company, as well as unreliable or incomplete report on the results of monitoring the construction of a residential house by an engineering company to the local executive authority of the city of republican significance, the capital, district, city of regional significance shall –

entail a fine on legal entities in amount of three hundred monthly calculation indices.

3. Actions (inaction) provided by parts one and two of this Article, committed repeatedly within a year after imposing an administrative penalty, as well as non-elimination of violations provided by parts one and two of this Article, which led to an administrative liability, shall -

entail suspension of permission validity term to attract money of shareholders for a period up to three months.

4. Violation of the terms of opening current and (or) savings accounts for the condominium object in the second-tier banks by the management body of the condominium object in cases provided by housing legislation, shall –

entail a notification.

5. Violation of terms by the management authority of the condominium object, the manager of an residential house, the management company for presentation monthly and annual reports on management of the condominium object and maintenance of the common property of the condominium object, shall –

entail a warning.

6. Actions (inaction) provided in parts four and five of this Article, committed repeatedly within a year after the imposing an administrative penalty, shall -

entail a fine on individuals in amount of ten, on legal entities- in amount of twenty monthly calculation indices.

Footnote. Article 320 is in the wording of the law of the Republic of Kazakhstan dated 07.04.2016 No. 487-V (shall be enforced upon expiry of six months after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 26.12.2019 No. 284-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 321. Execution of construction without accompanying of technical and designer supervision, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 321 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Execution of construction without accompanying of technical and designer supervision, with the exception of the requirements established by technical regulations, –

entail a fine on individuals in amount of forty, on officials in amount of one hundred and sixty, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

Footnote. Article 321 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 21.01.2019 No. 217-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 322. Illegal re-equipment and replanning of premises, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 322 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. Illegal re-equipment and replanning of residential and non-residential premises in existing buildings without architectural and construction project and relevant decision of structural subdivisions of local executive agencies, carrying out functions in the field of architecture, urban planning and construction, with the exception of the requirements established by technical regulations, –

entail a fine on individuals in amount of thirty, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of ninety, on subjects of medium entrepreneurship - in amount of one hundred and fifty, on subjects of large entrepreneurship - in amount of three hundred monthly calculation indices.

2. The same actions that caused or could cause a complete loss of strength and stability (destruction) of the building, shall –

entail a fine on individuals in amount of eighty, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of one hundred and eighty, on subjects of medium entrepreneurship – in amount of two hundred and fifty, on subjects of large entrepreneurship - in amount of five hundred monthly calculation indices.

Note.

1. The administrative infraction in the field of construction shall be regarded as non-compliance with compulsory requirements, construction standards and rules, with the exception of technical regulations, projects, other regulatory acts upon town-planning development of territories, designing, construction, reconstruction, restoration, modernization, capital repair and capital improvement of the objects and complexes entailing reduction and loss of strength, sustainability, reliability of buildings, structures, constructions, their parts or separate structural elements, degradation of operating characteristics of the objects under construction, negative impact on environment, as well as the actions violating the established legal organizational order of construction of the objects and their acceptance for operation.

2. The strength shall be regarded as capability of a material, structure, product, their interface nodes, foundation soil of a building and construction to resist the calculated values of loads and forces without being destroyed.

3. Sustainability shall be regarded as capability of a building, construction to preserve a status of stable balance under the influence of calculated forces and loads.

4. The reliability shall be regarded as capability of a building, construction, its engineering systems, load carrying and cladding structures to perform the functions determined by the values of regulated properties.

5. The project works shall be regarded as the works on pre-project (justification of investments in construction, feasibility study) and project (project, working project and other types of projects) documentation for construction, extension, reconstruction, technical re-equipping, capital repair and other types of works of buildings and structures.

Footnote. Article 322 as amended by the law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 323. Operation of objects and complexes that shall not put into operation in established manner, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 323 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Operation (residence, rendering of services, production of products for the purpose of acquisition of incomes) of the objects, complexes or their separate parts being completed in construction but that shall not put into operation in established manner, with the exception of the requirements established by technical regulations, –

entail a fine n individuals in amount of ten, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 323 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 323-1. Violation of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activity, with the exception of the requirements established by technical regulations

Footnote. Heading of Article 323 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. Non-performance or inadequate performance by local executive agencies on architecture matters, urban planning and construction, as well as state architectural and construction control of the requirements imposed on them by the legislation of the Republic of Kazakhstan, affecting urban planning and architectural and construction documentation, construction activities, including quality of construction, with the exception of the requirements established by technical regulations, -

entail a fine on officials in the amount of one hundred monthly calculation indices.

2. The action provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on officials in the amount of two hundred monthly calculation indices.

Footnote. Chapter 20 is supplemented by Article 323-1 in accordance with the law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 29.05.2020 No. 337-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 21. ADMINISTRATIVE INFRACTION IN THE FIELD OF
ENVIRONMENTAL PROTECTION, USE OF NATURAL RESOURCES

Article 324. Violation of sanitary epidemiological and environmental requirements on environmental protection

1. Violation of the standards of sanitary and epidemiological, and environmental requirements, as well as hygienic standards on protection of environment, with the exception of the cases provided by Article 416 of this Code, shall –

entail entail notification or a fine on individuals in the amount of ten, on officials, small business entities – in the amount of fifteen, on medium business entities – in the amount of twenty, on large business entities – in the amount of one hundred monthly calculation indices.

2. Giving of instructions or permissions by civil servants for overstating or understating established standards of sanitary epidemiological and environmental requirements on environmental protection, shall –

entail a fine in amount of twenty five monthly calculation indices.

Footnote. Article 324 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 325. Violation of requirements of conducting industrial environmental control

Violation of requirements of industrial environmental control, shall –

entail a fine on individuals in amount of twenty five, on civil servants, subjects of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 326. Non-fulfillment of conditions of an environmental permit

1. Non-fulfillment of conditions of an environmental permit shall –

entail a fine on officials, subjects of small entrepreneurship in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of one hundred fifty, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

2. Actions provided for by part one of this Article in relation to one and the same conditions of the environmental permit committed repeatedly within a year, and by the subjects of large entrepreneurship – within three years after imposition of administrative sanction, shall –

entail a fine on officials, subjects of small entrepreneurship in the amount of one hundred fifty, on the subjects of medium entrepreneurship – in the amount of five hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices.

3. Actions provided for by part one of this Article, linked with infliction of a damage to environement, shall –

entail a fine on officials in the amount of two hundred, on the subjects of small entrepreneurship – in the amount of seven hundred, on the subjects of medium entrepreneurship – in the amount of one thousand, on the subjects of large entrepreneurship – in the amount of two thousand monthly calculation indices, with or without suspension of the validity term of the environmental permit.

4. Non-elimination of violations for which the validity of an environmental permit has been suspended by individuals and legal entities within the established period, shall –

Entail deprivation of an environmental permit.

Notes:

1. Liability for violation of the conditions of an environmental permit, provided for by this article, shall occur in cases where administrative liability is not provided for a separate violation of the conditions of an environmental permit in accordance with other Articles of this chapter.

2. In case if an environmental permit has been issued for several sites, the validity of the environmental permit suspended in accordance with part three of this Article shall be terminated for the object for which the violation has not been eliminated.

Footnote. Article 326 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 327. Non-notification on industrial release and emission of polluting substances above permitted standards, disposal of wastes

Footnote. Article 327 was excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 327-1. Violation of the requirements for the submission of mandatory information provided for by the environmental legislation of the Republic of Kazakhstan

1. Failure to submit, submission of incomplete or untimely submission of mandatory information provided for by the environmental legislation of the Republic of Kazakhstan, –

entail a fine on individuals in the amount of twenty-five, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred, on the subjects of medium entrepreneurship – in the amount of one hundred fifty, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

2. Actions provided for by part one of this Article, committed repeatedly within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction or linked with production limit-exceeding emissions of pollutants into the environment, exceeding the limits of accumulation or disposal of waste and other negative impacts on the environment, shall –

entail a fine on individuals in the amount of fifty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of two hundred, on the subjects of medium entrepreneurship – in the amount of three hundred fifty, on the subjects of large entrepreneurship – in the amount of five hundred monthly calculation indices.

3. Submission of unreliabile mandatory information, provided for by the environmental legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals in the amount of one hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of three hundred, on the subjects of medium entrepreneurship – in the amount of four hundred, on the subjects of large entrepreneurship – in the amount of six hundred monthly calculation indices.

4. An action provided for by part three of this Article, committed repeatedly within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction либо linked with the violation of the environmental permit or failure to perform mandatory activities on environmental protection, shall –

entail a fine on individuals in the amount of two hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of six hundred, on the subjects of medium entrepreneurship – in the amount of eight hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices.

Footnote. Chapter 21 was supplemented with Article 327-1 in accordance with the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 327-2. Improper performance or non- performance of remediation (elimination) of environmental damage caused

1. Improper remediation (elimination) of environmental damage caused, if this action does not contain signs of a criminally punishable act, shall –

entail a fine on individuals in the amount of two hundred, on officials, subjects of small entrepreneurship – in the amount of seven hundred, on the subjects of medium entrepreneurship – in the amount of one thousand, on the subjects of large entrepreneurship – in the amount of two thousand monthly calculation indices.

2. Non-performance of remediation (elimination) of the caused environmental damage shall –

entail a fine in the amount of one hundred percent from the amount of economic benefit received as a result of the violation, with the suspension of the relevant environmental permit or activity.

Footnote. Chapter 21 was supplemented with Article 327-2 in accordance with the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 328. Violation of the standards of permissible anthropogenic impact on the environment

1. Exceeding technological standards for emissions, technological standards for discharges, technological specific standards for emissions or standards for emissions into the environment, the implementation of emissions from sources not specified in the environmental permit, as well as the implementation of emissions without a newly issued environmental permit for an operating facility that has a negative impact on the environment, shall –

entail a fine on individuals in the amount of one hundred fifty monthly calculation indices, on legal entities – in the amount of ten thousand percent from the relevant rate of payment for the negative impact on the environment in relation to the excess amount of pollutants.

2. Actions provided for by part one of this Article, committed repeatedly at one and the same emissions source within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, –

entail a fine on individuals in the amount of two hundred monthly calculation indices, on legal entities – in the amount of twenty thousand percent from the relevant rate of payment for the negative impact on the environment in relation to the excess amount of pollutants.

3. Systematic (more than two times) during the year exceeding the technological emission standards, technological discharge standards, technological specific emission standards or emission standards into the environment, the implementation of emissions from sources not specified in the environmental permit, or exceeding the emission standards twice for more than three hours in a row, if these actions do not contain signs of a criminally punishable act, shall –

entail a fine on individuals in the amount of two hundred monthly calculation indices, on legal entities – in the amount of twenty thousand percent from the relevant rate of payment for the negative impact on the environment in relation to the excess amount of pollutants, with the suspension of the environmental permit for the operation of the relevant emission source or production site.

4. The implementation of anthropogenic impact on the environment without an environmental permit, when its receipt was mandatory for a newly commissioned facility that has a negative impact on the environment, or without a mandatory declaration of environmental impact, shall –

entail a fine on individuals in the amount of two hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of seven hundred monthly calculation indices, on the subjects of medium and large entrepreneurship – in the amount of two hundred percent of the amount of economic benefit received as a result of the violation, with the prohibition of activities for the period of up to three years.

5. Submission of an unreliable environmental impact statement, the unreliability of which is expressed by the excess of anthropogenic impact on the environment in comparison with the declared indicators of emissions, discharges of pollutants, the amount of waste accumulated and subject to disposal, shall –

entail a fine on individuals in the amount of one hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred fifty, on the subjects of medium entrepreneurship – in the amount of seven hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices, with or without of suspension of activities.

6. Violation of the limits for accumulation or disposal of waste shall –

entail a fine in the amount of ten thousand percent from the rate of payment for waste disposal in relation to the amount of waste accumulated or disposed of in excess of the established limit.

7. Action provided for by part six of this Article, совершенное repeatedly, at the same waste accumulation or disposal facility within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, –

entail a fine in the amount of twenty thousand percent from the rate of payment for waste disposal in relation to the amount of waste accumulated or disposed of in excess of the established limit, with or without suspension of the environmental permit.

8. Violation of the time limits for accumulation of waste shall –

entail a fine in the amount of one hundred percent from the rate of payment for waste disposal in relation to the amount of accumulated waste for each day over the period established by the environmental legislation of the Republic of Kazakhstan.

9. Violation of limits for the placement of sulfur in the open on sulfur pads formed during operations for the exploration and (or) production of hydrocarbons, shall –

entail a fine in the amount of ten thousand percent from the rate of payment in relation to the mass of sulfur placed in the open in excess of the established limit.

10. Placement of sulfur in the open on sulfur pads formed during exploration and (or) production of hydrocarbons without an environmental permit shall –

entail a fine in the amount of twenty thousand percent from the rate of payment for the mass of sulfur placed in the open without an environmental permit.

11. Violation of the standards of permissible physical physical impacts on the environment shall –

entail a fine on individuals in the amount of twenty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of five hundred monthly calculation indices.

Notes:

1. For the purposes of parts one, two and three of this Article when determining the amount of an administrative penalty for emissions or discharges of pollutants for which the tax legislation of the Republic of Kazakhstan does not establish an appropriate fee rate, the fee rate shall be recognized in the amount of the sum equal to fifty monthly calculation indices for one ton of pollutant emissions or one thousand two hundred monthly calculation indices for one ton of pollutant discharges.

2. For the purposes of parts one and two of this Article the implementation of emissions without a newly issued environmental permit shall be understood to be the cases of emissions by an object that has a negative impact on the environment, for which the previously issued environmental permit has expired, revoked or terminated (including deprivation), but at the same time, a new mandatory environmental permit.

3. For the purposes of part four of this Article a newly commissioned facility that has a negative impact on the environment shall be understood to be a facility for the construction or operation of which has not previously been issued a mandatory environmental permit or a positive conclusion of the state environmental expertise.

4. For the purposes of parts one, two and three of this Article when calculating the penalty for pollutant emissions from the flaring of associated and (or) natural gas, the rates of payment for pollutant emissions from stationary sources established by clause 2 of Article 576 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code).

At the same time, for emissions of sulfur dioxide, nitrogen dioxide, carbon oxides in flares, respectively, the rates of payment for emissions of sulfur oxides (SOₓ), nitrogen oxides (NOₓ), carbon monoxide, established by paragraph 2 of Article 576 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code) are applied. When calculating the fine for mercaptan emissions, the corresponding fee rate established by paragraph 3 of Article 576 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code) is applied.

Footnote. Article 328 - as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021); as amended by the Law of the Republic of Kazakhstan dated 02.07.2021 No. 63-VII (shall be enforced from July 1, 2021).

Article 329. Exceeding of the established and additionally obtained volume of the quota for greenhouse gas emissions

Exceeding of the established and additionally obtained volume of the quota for greenhouse gas emissions shall –

entail a fine on the operator of installation in amount of five monthly calculation indices for each unit of the quota of over-established volume, not compensated by the acquired units of quotas and (or) carbon units obtained as a result of projects implementation, in accordance with the legislation of the Republic of Kazakhstan.

Footnote. Article 329 is in the wording of the Law of the Republic of Kazakhstan dated 08.04.2016 No. 491-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 330. Submission of unreliable data on validation and verification by independent accredited organizations, accredited bodies on validation and verification

Submission of unreliable data on validation and verification by independent accredited organizations, accredited bodies on validation and verification shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred and fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship - in amount of five hundred monthly calculation indices, with suspension of validity of a certificate of accreditation or an accreditation certificate.

Footnote. Article 330 as amended by the law of the Republic of Kazakhstan dated 08.04.2016 No. 491-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 331. Violation of the requirements for the protection of atmospheric air and the protection of water bodies from pollution and clogging

1. Violation of the operating rules or use of faulty facilities or equipment for purification and (or) control of pollutant emissions into the atmospheric air and wastewater discharge shall –

entail a fine on individuals in the amount of twenty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of eighty, on the subjects of medium entrepreneurship – in the amount of four hundred, on the subjects of large entrepreneurship – in the amount of eight hundred monthly calculation indices.

2. The action, provided for by part one of this Article, committed repeatedly in relation of one and the same facility, equipment or emission source within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of forty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of two hundred, on the subjects of medium entrepreneurship – in the amount of six hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices.

3. Non-use of facilities or equipment for purification and (or) control of emissions of pollutants into the atmospheric air and discharge of sewage waters, shall –

entail a fine on individuals in the amount of one hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of four hundred, on the subjects of medium entrepreneurship – in the amount of seven hundred, on the subjects of large entrepreneurship – in the amount of one thousand two hundred monthly calculation indices.

4. Action provided for by part three of this Article, committed repeatedly in relation to one and the same facility, equipment, source of emissions during the year, and by the subjects of large enetrepreneurship within three years after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of two hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of seven hundred, on the subjects of medium entrepreneurship – in the amount of one thousand monthly calculation indices, on the subjects of large entrepreneurship – in the amount of one hundred percent from the amount of economic benefit received as a result of the violation, with or without suspension of the environmental permit in respect of the emission source or production site.

Footnote. Article 331 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 332. Failure to perform requirements of the legislation of the Republic of Kazakhstan on compulsory conduct of the state environmental expertise

1. Failure to perform requirements of the legislation of the Republic of Kazakhstan on compulsory conduct of the state environmental expertise or financing of projects and programs that did not undergo the state environmental expertise, shall –

entail a fine on individuals in the amount of fifty, on officials, subjects of small entrepreneurship – in the amount of one hundred, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of four hundred fifty monthly calculation indices.

2. Failure to perform the requirements contained in the conclusion of the state environmental expertise, shall –

entail a fine on individuals in the amount of ten, on officials, subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of three hundred fifty monthly calculation indices.

Footnote. Article 332 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 333. Release for operation of transport and other movable vehicles with excess of the normative levels of the content of polluting substances in emissions

1. Release for operation of automobiles, planes, vessels and other movable vehicles and units the content of polluting substances in emissions of which, as well as noise level made by them during working shall be in excess of established standards, with the exception of the requirements established by technical regulations, –

entail a fine on civil servants, subjects of small entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on civil servants, subjects of small entrepreneurship or non-profit organizations in amount of forty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices, with suspension or prohibition of the activity of without such.

Footnote. Article 333 as amended by the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 334. Operation of engine and other movable vehicles with excess of the standards (technical standards) of the content of polluting substances in emissions

1. Operation of engine and other movable vehicles and units, the content of polluting substances in emissions of which, as well as noise pollution level made by them during working, are in excess of established standards (technical standards), shall –

entail a warning or a fine on individuals in the amount of ten, on legal entities – in the amount of one hundred monthly calculation indices.

2. The action provided for by part one of this Article, committed repeatedly within a year after the imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of twenty, on legal entities – in the amount of two hundred monthly calculation indices.

Footnote. Article 334 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 335. Breach of the legislation on protection of atmospheric air

Footnote. Article 335 was excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 336. Non-compliance with requirements on protection of atmospheric air and fire security upon warehousing and burning of waste

Non-compliance with requirements on protection of atmospheric air and fire security upon warehousing and burning of waste shall –

entail a fine on individuals in the amount of twenty, on officials – in the amount of fifty, on the subjects of small entrepreneurship or non-profit organizations – in the amount of two hundred, on the subjects of medium entrepreneurship – in the amount of three hundred, on the subjects of large entrepreneurship – in the amount of five hundred monthly calculation indices.

Footnote. Article 336 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 337. Land degradation

1. Destruction or illegal depleting of rich soil layers for the purpose of selling or its transferring to other persons, with the exception of cases when such depleting is required for prevention of irretrievable loss of the rich soil layer, shall –

entails a fine for individuals in the amount of forty, for officials, small businesses or non–profit organizations – in the amount of seven hundred, for medium–sized businesses - in the amount of one thousand, for large businesses - in the amount of two thousand monthly calculation indices.

2. Pollution or other contamination of the land with agrochemicals, pesticides, fertilizers, plant growth stimulants and other hazardous biological and radioactive substances during their storage, use or transportation, as well as contamination by bacterial-parasitic or characteristic harmful organisms that have caused land degradation or deterioration of soil fertility without causing harm to human health, –

entail a fine on individuals in amount of fifteen, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of twenty – five, on subjects of medium entrepreneurship - in amount of forty, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

3. Pollution of the land with hazardous chemical substances, that did not entail the infliction of environmental damage, shall –

entail a fine on individuals in the amount of one hundred, on officials and subjects of small entrepreneurship or non-profit organizations – in the amount of three hundred, on the subjects of medium entrepreneurship – in the amount of five hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices.

4. Pollution of the land with hazardous chemical substances, that entailed the infliction of environmental damage, if this action does not contain signs of a criminal infraction, shall –

entail a fine on individuals in the amount of two hundred, on officials and subjects of small entrepreneurship or non-profit organizations – in the amount of seven hundred, on the subjects of medium entrepreneurship – in the amount of one thousand, on the subjects of large entrepreneurship – in the amount of two thousand monthly calculation indices.

Footnote. Article 337 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 338. Irrational use or non-use of agricultural lands

Irrational use or non-use of agricultural lands, shall –

entail a notification or fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 339. Non-fulfillment of obligations by owners of land fields and land users on use of the land fields

1. Non-fulfillment of obligations by owners of land fields and land users on use of the land fields expressed in:

1) use of the lands not in designated purposes, but on the lands of settlements - not in accordance with the functional area;

2) non-carrying out of the measures on land protection provided by the legislative act in the field of land relations, shall –

entails a warning or fine for individuals in the amount of five, for small or non–profit business organizations – in the amount of ten, for medium–sized businesses - in the amount of twenty, for large businesses - in the amount of fifty monthly calculation indices.

2. Action (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entails a fine for individuals in the amount of ten, for small businesses or non–profit organizations – in the amount of twenty, for medium–sized businesses - in the amount of thirty, for large businesses - in the amount of sixty monthly calculation indices.

Footnote. Article 339 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 340. Non-fulfillment of obligations on bringing the temporary occupied lands to condition being suitable for the further use in designated purposes

Non-fulfillment of obligations on bringing the temporary occupied lands to condition being suitable for the further use in designated purposes, shall –

entail a notification or fine on individuals in amount of five, on subjects of small entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of one hundred ten monthly calculation indices.

Article 341. Concealment of information on existence of the land fields for housing construction, the special land fund

Concealment of information on existence of the land fields for constructing individual residential houses, the special land fund, its distortion, unreasonable refusal in allocation of land fields, shall –

entail a fine on civil servants of local executive bodies in amount of ten monthly calculation indices.

Article 342. Distortion of details of the state registration,
accounting and appraisal of lands

Intended distortion of the details of the state registration, accounting and appraisal of lands, shall –

entail a fine on civil servants in amount of twenty monthly calculation indices.

Article 342-1. Violation in the field of state land cadaster

Violation in the field of state land cadastre related to:

1) formation of cadastral case of the land plot;

2) accounting the quality of land, including their economic assessment and monitoring of land, soil, geobotanical, agrochemical inspections and soil bonitation;

3) accounting the number of lands, land owners and land users, as well as other subjects of land relations for the purposes of state registration;

4) state cadastral assessment of lands including determination of cadastral (estimated) cost of land plots; drawing up schemes of borders of estimated zones in settlements with establishment of correction coefficients to base rates of payment for land plots; calculation of base rates of payment for land plots; determination of losses of agricultural production at withdrawal of agricultural lands for the purposes, not connected with agriculture;

5) accumulation, processing and maintenance of the Bank of data on land plots and their subjects, as well as other land cadastre information on paper and in electronic form;

6) management of automated information system of state land cadastre;

7) production and management of land-cadastral maps, including digital;

8) management of the land-cadastral book and unified state register of lands;

9) production and issue of identification documents for a land plot;

10) production of land-cadastral plan;

11) assignment of cadastral numbers to land plots;

12) production of passports of land plots, shall –

entail a fine on officials in amount of thirty monthly calculation indices.

Footnote. Chapter 21 is supplemented by Article 342-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 343. Breach of the legislation of the Republic of Kazakhstan in the field of geodesy and cartography

1. Carrying out of geodesic and cartographic works in the absence of:

own or leased set of gaged tools, equipment and instruments enabling to perform geodetic and (or) cartographic works, or contract for services with the organization having the set of gaged tools, equipment, instruments with specification of the factory numbers;

a specialist on the staff having higher or post-secondary education in the scope of geodesy and (or) cartography, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non – profit organizations – in amount of forty, on subjects of medium entrepreneurship - in amount of seventy, on subjects of large entrepreneurship - in amount of one hundred and forty monthly calculation indices.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of thirty – five, on subjects of small entrepreneurship or non – profit organizations – in amount of seventy, on subjects of medium- entrepreneurship - in amount of one hundred, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

Footnote. Article 343 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 343-1. Violation of the requirements of the legislation of the Republic of Kazakhstan in the field of meteorological monitoring

1. Carrying out work in the field of meteorological monitoring in violation of mandatory requirements in the form of:

1) failure to provide the received meteorological information in the prescribed manner to the National Hydrometeorological Service;

2) failure to notify or untimely notification of changes in certain data submitted when sending a notification for inclusion in the state register of producers of meteorological information, shall −

entail a fine on the subjects of small entrepreneurship in the amount of forty, on the subjects of medium entrepreneurship – in the amount of seventy, on the subjects of large entrepreneurship – in the amount of one hundred сорока monthly calculation indices.

2. Submission of deliberately false information when included in the state register of producers of meteorological information, shall –

entail a fine on the subjects of small entrepreneurship in the amount of sixty, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

3. The action provided for by part one of this Article, committed repeatedly within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, –

entail a fine on the subjects of small entrepreneurship in the amount of seventy, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

Footnote. Chapter 21 was supplemented with Article 343-1 in accordance with the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 344. Violation of environmental requirements to waste management

1. Violation of the prohibition on disposal of certain types of waste, provided for by the environmental legislation of the Republic of Kazakhstan, shall –

entail a fine in the amount of one hundred percent from the amount of economic benefit received as a result of the violation.

2. Storage of waste outside specially designated places not intended for their accumulation or disposal, as well as waste disposal without an environmental permit or waste not declared in the declaration on the environmental impact, shall –

entail a fine on individuals in the amount of fifty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred monthly calculation indices, on the subjects of medium entrepreneurship – in the amount of one hundred percent, on the subjects of large entrepreneurship – in the amount of two hundred percent of the amount of economic benefit received as a result of violation.

3. Violation of environmental requirements for the accumulation, collection, transportation, accounting, recovery, removal and neutralization of waste, shall –

entail a fine on individuals in the amount of forty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of five hundred monthly calculation indices.

4. Violation of environmental requirements for waste management operations shall –

entail a fine on individuals in the amount of twenty, on the subjects of small entrepreneurship or non-profit organizations – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

5. Action provided for by part three of this Article, committed repeatedly within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of one hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of two hundred, on the subjects of medium entrepreneurship – in the amount of three hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices, with the suspension of the license for processing, neutralization, utilization and (or) destruction of hazardous waste.

Note.

Liability for the infraction, provided for by part four of this Article, shall occur in cases when for a separate violation of requirements there is no administrative liability provided for waste management operations в in accordance with other parts of this Article.

Footnote. Article 344 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 344-1. Violation of the requirements for the fulfillment of extended obligations of manufacturers (importers)

1. Violation of the requirements for the fulfillment of extended obligations of manufacturers (importers) –

will result in a warning.

2. Action (inaction) provided for in the first part of this article, committed again within a year after the imposition of administrative penalties, –

the penalty shall be imposed on individuals in the amount of ten, on small businesses – in the amount of thirty, on medium – sized businesses – in the amount of fifty, on large businesses-in the amount of two hundred monthly calculation indicators.

Footnote. Chapter 21 is supplemented by Article 344-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 407-V (shall be enforced from 01.01.2016).

Article 344-2. Non-performance or improper performance of expanded obligations of producers (importers) of duties and functions by an operator

Untimely or improper distribution of the expanded obligations of producers (importers) of the received money by an operator, non-performance or improper performance of expanded obligations of producers (importers) of duties and functions imposed on the operator shall -

entail a fine on the first head of an operator of expanded obligations of producers (importers) in amount of five hundred monthly calculation indices.

Footnote. Chapter 21 is supplemented by Article 344-2 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 407-V (shall be enforced from 01.01.2016).

Article 345. Violation of the rules for rational and integrated use of the subsoil during subsurface use operations under subsurface use contracts for hydrocarbons and uranium

Violation of the rules for rational and integrated use of the subsoil during subsurface use operations under the subsurface use contracts for hydrocarbons and uranium, which led to a deterioration in the quality of the remaining reserves, unjustified extra-project and excessive mineral losses, –

shall entail a fine on subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

Footnote. Article 345 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 346. Conducting operations for exploration and (or) mining of solid minerals using types, techniques and methods of work not provided by project document

Conducting operations for exploration and (or) mining of solid minerals using types, techniques and methods of work not provided by project document, as well as failure to notify the competent authority (state agency that is a party of the contract and (or) who issued the license for subsurface use) on introduction of amendments to project documents by the specified time –

shall entail a fine on subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 346 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 347. Violation of environmental requirements during subsoil use operations

1. Violation of environmental requirements during subsoil use operations, if this act did not cause environmental damage, shall –

entail a fine on individuals in the amount of ten, on the subjects of small entrepreneurship – in the amount of twenty, on the subjects of medium entrepreneurship – in the amount of fifty, on the subjects of large entrepreneurship – in the amount of one hundred monthly calculation indices.

2. The action provided for by part one of this Article, committed repeatedly within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of fifteen, on the subjects of small entrepreneurship – in the amount of forty, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

Footnote. Article 347 – as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 348. Performance of work for hydrocarbon production without state examination of mineral reserves

Performance of work for hydrocarbon production without state examination of mineral reserves –

shall entail a fine in amount of twenty monthly calculation indices.

Footnote. Article 348 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 349. Violation of the procedure for presentation reporting in the field of subsurface use

Violation of the procedure and terms for presentation of reporting by the subsurface user provided by the Code of the Republic of Kazakhstan "On subsoil and subsurface use", –

shall entail a fine in amount of twenty monthly calculation indices.

Footnote. Article 349 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 350. Failure to true recording for mined solid minerals, hydrocarbons

Failure to true recording for mined solid minerals, hydrocarbons –

shall entail a fine in amount of twenty five monthly calculation indices.

Footnote. Article 350 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 351. Violation of the rules of accounting, utilization and deactivation of wastes of production and consumption

Footnote. Article 351 was excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 352. Violation of requirements on bringing of mine working and bore wells to the condition ensuring their reservation and safety of population

Loss of surveying documentation, violation of requirements on bringing of the liquidated or conserved mine workings and bore wells to the condition ensuring safety of population, as well as requirements on reservation of the mine workings and bore wells for the period of conservation, shall –

entail a fine on civil servants, subjects of small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Article 353. Violation of the procedure for liquidation and conservation of the objects of subsoil use

1. Failure to comply with the obligation for remediation of consequences of carrying out operations on subsoil use within the terms established by the legislation of the Republic of Kazakhstan on subsoil and subsoil use, shall –

entail a fine on the subjects of small entrepreneurship or non-profit organizationsin the amount of thirty, on the subjects of medium entrepreneurship – in the amount of fifty, on the subjects of large entrepreneurship – in the amount of one hundred fifty monthly calculation indices.

2. Carrying out operations for the exploration and production of solid minerals, the extraction of common minerals, the use of subsoil space and mining, the elimination of the consequences of which is not provided in accordance with the requirements of the Code of the Republic of Kazakhstan "On subsoil and subsoil use", shall –

entail the suspension of activities at the relevant subsoil site or sites for the period of three months.

3. Non-elimination by the subsoil user of the violation of the requirement provided for in part two of this Article during the period of suspension of activities in the relevant subsoil plot or plots shall –

entail prohibition of activities (subsoil use operations) at the relevan subsoil site or sites.

Footnote. Article 353 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 354. Refusal or avoidance of presentation the information on use of subsoil, geological information to the state control agencies

Refusal or avoidance of presentation of timely, complete and reliable information on use of subsoil, mined minerals, as well as geological information to the state control agencies–

shall entail a fine on subjects of small entrepreneurship in amount of six, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount of forty monthly calculation indices.

Footnote. Article 354 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 355. Giving of instructions or permissions by civil servants entailing breach of the legislation of the Republic of Kazakhstan on subsoil and subsoil use

Giving of instructions or permissions by civil servants entailing breach of the legislation of the Republic of Kazakhstan on subsoil and subsoil use, shall –

entail a fine in amount of twenty five monthly calculation indices.

Article 356. Violation of the rules for operations on subsurface use

Footnote. Heading of Article 356 is in the wording of the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

1. Violation of the rules for operations on subsurface use –

hall entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

2. Failure to perform the environmental requirements during subsoil use –

shall entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

3. Violation of the conditions for conducting operations on subsurface use for hydrocarbons, provided for by the legislation of the Republic of Kazakhstan on subsoil and subsurface use, as well as violation of the requirements of project documents for hydrocarbon exploration and production, –

shall entail a fine on subjects of small entrepreneurship in amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

4. Conduct of prospecting, appraisal works and works on extraction without the project documents for subsurface use approved in the established manner –

shall entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

5. Burning of raw gas without permission or without compliance with conditions of permission of the authorized agency for hydrocarbons, with the exception of cases provided by the Code of the Republic of Kazakhstan "On subsoil and subsurface use", –

shall entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

6. performance of works on raw hydrocarbon extraction without utilization and (or) processing of raw gas by subsurface user –

shall entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

7. Deviation from the project documentation approved in the established manner upon construction of necessary field facilities and other infrastructure facilities required for extraction, preparation, storage and transportation of the hydrocarbons from the place of extraction and storage to the place of transshipment to the main pipelines and (or) by other type of transport, shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

8. Operation of wells with violation of requirements established by the legislation, shall –

entail a fine on subjects of small entrepreneurship in amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

9. Conduct of operations for exploration and (or) extraction of hydrocarbons at sea without permission, with the exception of cases provided by the Law of the Republic of Kazakhstan “On subsoil and subsurface use” or without compliance with the conditions of permission of the authorized agency for hydrocarbons –

shall entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

10. Is excluded by the Law of the Republic of Kazakhstan No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

11. Absence of the approved plan of organizing works on prevention and liquidation of oil spills of the subsurface user conducting the operations for exploration and (or) extraction of hydrocarbons at sea, individual or legal entity carrying out the activity at sea linked with the oil spill risk at the sea –

shall entail a fine on individuals in amount of one hundred fifty, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

12. Conduct of operations for exploration and (or) extraction of hydrocarbons at sea without own materials and equipment required for liquidation of the consequences of oil spills at sea of the first and second levels, or concluded contract with the specialized organization –

shall entail a fine on individuals in amount of one hundred fifty, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

13. The act provided by a part eight of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on subjects of small entrepreneurship in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

14. Acts provided by parts four, five, six and nine of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail suspension or prohibition of the activity or separate types of activity.

Footnote. Article 356 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

Article 357. Registration of illegal transactions on environmental management

Registration of knowingly illegal transactions on nature management, distortion of data of state accounting and state cadastres of natural resources, as well as deliberate understatement of payment for the use of natural resources, environmental pollution, protection and reproduction of natural resources made from mercenary or other personal interest by an official with the use of official position if these actions do not contain any signs of criminally punished act, shall –

entail a fine in amount of five hundred monthly calculation indices or administrative arrest up to thirty days.

Footnote. Article 357 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 358. Violation of rules for protection of water resources

1. Putting of enterprises, household and other objects into operation without the structures and devices preventing pollution and water clogging or their adverse effect, shall –

entails a fine for individuals in the amount of twenty, for officials, small businesses or non–profit organizations – in the amount of forty, for medium–sized businesses - in the amount of seventy, for large businesses - in the amount of one hundred and forty monthly calculation indices.

2. Non-conduct of hydrotechnical, technological, forest improvement, sanitary and other measures ensuring protection of waters from pollution, clogging and depletion, as well as improvement of the state of water administration, shall –

entails a fine for individuals in the amount of twenty, for officials, for small businesses or non–profit organizations – in the amount of thirty four, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of one hundred and forty monthly calculation indices.

Footnote. Article 358 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 359. Damage to water facilities, devices and fire-fighting water supply systems, violation of rules for their operation

1. Damage to water facilities and devices, metering instruments for accounting of consumption and discharge of water, as well as fire-fighting water supply systems, shall –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of twenty, on subjects of medium entrepreneurship - in amount of twenty-five, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

2. Violation of the rules for operation of water facilities and devices, shall –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of twenty, on subjects of medium entrepreneurship - in amount of twenty-five, on subjects of large entrepreneurship - in amount of fifty monthly calculation indices.

Footnote. Article 359 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 360. Illegal construction on water protection zones and lanes of water objects, as well as illegal change of natural riverbed

Footnote. Title of Article 360 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Illegal construction of buildings, structures and other objects on water protection zones and belts, as well as illegal change of a natural bed of river, shall –

entail a fine on individuals in amount of twenty, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of forty – five, on subjects of medium entrepreneurship - in amount of seventy, on subjects of large entrepreneurship in amount of two hundred and fifty monthly calculation indices, with forced demolition of illegally erecting or erected buildings.

2. Illegal drilling of wells on water and construction of ground water intakes, shall –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of forty, on subjects of medium entrepreneurship - in amount of fifty-five, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

Footnote. Article 360 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 361. Violation of rules for maintenance of a primary accounting of waters and their use

Violation of rules for maintenance of a primary accounting of waters and their use, shall –

entail a fine on individuals in amount of ten, on officials, small entrepreneurship or non – profit organizations – in amount of twenty, on subjects of medium entrepreneurship - in amount of thirty-five, on subjects of large entrepreneurship - in amount of seventy monthly calculation indices.

Footnote. Article 361 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 362. Distortion of accounting data and reporting of water resources

Distortion of accounting data and reporting of water cadastre, schedules of complex use and protection of water resources, as well as their non-representation within the terms established by the legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of fifteen, on subjects of medium entrepreneurship - in amount of twenty, on subjects of large entrepreneurship - in amount of seventy monthly calculation indices.

Footnote. Article 362 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 363. Impeding of regulation of water resources

Impeding of regulation of water resources in behalf of their complex use, ecology and water apportioning, shall –

entail a fine on individuals in amount of ten, on civil servants – in amount of twenty monthly calculation indices.

Article 364. Violation of rules of general water use

1. Violation of rules of general water use committed in the form of:

1) swimming, water intake for drinking and household needs,livestock watering, driving on small size vessels and other floating crafts in prohibited places;

2) restriction of the access of population to water objects of general use by individuals and legal entities by installation of fences, points of protection, prohibitory signs, shall –

entail a notification on individuals and legal entities.

2. Actions provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of two, on subjects of small entrepreneurship or non – profit organizations – in the amount of seven, on subjects of medium entrepreneurship - in amount of seventeen, on subjects of large entrepreneurship - in amount of forty-two monthly calculation indices.

Footnote. Article 364 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 365. Violation of established water servitudes

1. Violation of established water servitudes, shall –

entail a fine on individuals and legal entities.

2. Actions provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on individuals in amount of two, on subjects of small entrepreneurship or non – profit organizations – in amount of seven, on subjects of medium entrepreneurship - in amount of seventeen, on subjects of large entrepreneurship - in amount of forty-two monthly calculation indices.

Footnote. Article 365 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 366. Illegal grubbing, construction of buildings, wood processing, arrangement of warehouses on forest fund lands

Illegal grubbing, construction of buildings, wood processing, arrangement of warehouses on forest fund lands, shall –

entail a notification or a fine on individuals in amount of five, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of ten, on subjects of medium entrepreneurship - in amount of fifteen, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

Note. Persons, committed administrative offences, provided by Articles 366, 368, 370, 371, 375, 381, 382, 386, 387 and 388 of this Code shall be subject to administrative penalty in the form of an administrative fine in case of damage caused by them, five or more times exceeding the monthly calculation index.

Footnote. Article 366 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 367. Violation of requirements of fire security and sanitary rules in forests

1. Violation of requirements of fire security and sanitary rules in forests, shall –

entails a fine for individuals in the amount of ten, for officials, small businesses or non–profit organizations – in the amount of thirty, for medium–sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred and fifty monthly calculation indices.

2. The same act that entailed fire development, infliction of the harm of human health and environment, if this action did not heavy damage, shall –

entails a fine for individuals in the amount of twenty–five, for officials, small businesses or non–profit organizations – in the amount of forty-five, for medium-sized businesses - in the amount of seventy, for large businesses - in the amount of two hundred and fifty monthly calculation indices.

3. Acts provided for in parts one and two of this Article committed in specially protected natural territories, –

entail a fine for individuals in the amount of one hundred, for officials, small businesses or non–profit organizations – in the amount of two hundred and fifty, for medium–sized businesses - in the amount of four hundred, for large businesses - in the amount of one thousand five hundred monthly calculation indices.

Footnote. Article 367 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 368. Violation of the established procedure for the use of the logging fund, harvesting and removal of wood, harvesting of oleoresin and wood juices, secondary wood resources (materials)

Footnote. The title of Article 368 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Violation of the established procedure for the use of the logging fund, harvesting and removal of wood, harvesting of oleoresin and wood juices, secondary wood resources (materials) –

entails a fine for individuals in the amount of ten, for officials, small businesses or non–profit organizations – in the amount of thirty, for medium–sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.

2. An act provided for in part one of this Article committed in specially protected natural territories, –

entails a warning or fine for individuals in the amount of thirty, for officials, small businesses or non–profit organizations – in the amount of sixty, for medium–sized businesses - in the amount of one hundred, for large businesses - in the amount of three hundred monthly calculation indices.

Footnote. Article 368 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 369. Violation of terms for return of temporary occupied fields of the forest fund and especially protected natural areas

1. Violation of terms for return of temporary occupied fields of the state forest fund and non-fulfillment of obligations on bringing to the state being suitable for use according to designated purpose, shall –

entail a notification or a fine on individuals in amount of three, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of fifteen, on subjects of medium entrepreneurship - in amount of twenty-five, on subjects of large entrepreneurship - in amount of one hundred monthly calculation indices.

2. The same act committed in specially protected natural territories –

entail a fine on individuals in amount of ten, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of thirty, on subjects of medium entrepreneurship - in amount of fifty, on subjects of large entrepreneurship - in amount of two hundred and fifty monthly calculation indices.

Footnote. Article 369 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 370. Damage of hayfields and grazing areas, as well as illegal haying and grazing of livestock, gathering of medical plants and technical raw materials on lands of the forest fund

1. Damage of hayfields and grazing areas on lands of the forest fund, shall –

entails a warning or a fine in the amount of five monthly calculation indices.

2. Illegal haying and grazing of livestock in forests and on lands of the forest fund, shall –

entail a warning or a fine in the amount of seven monthly calculation indices.

3. Illegal gathering of medical plants and technical raw materials at the fields where it is prohibited or allowed only on forestry cards, shall –

entails a warning or a fine in the amount of seven monthly calculation indices.

4. Actions provided by parts one, two and three of this Article committed on especially protected natural areas, shall –

entail a fine in the amount of thirty monthly calculation indices.

Footnote. Article 370 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 371. Violation of procedure and terms of forest invasions and other categories of lands of the forest fund designed for forest restoration and forest planting

Violation of procedure and terms of forest invasions and other categories of lands of the forest fund designed for forest restoration and forest planting, shall –

entail a notification or fine on civil servants in amount of ten monthly calculation indices.

Article 372. Destruction or damage of forest fauna, as well as damage, clogging of forests by wastes, chemical substances and other infliction of damage to the forest fund lands

1. Destruction or damage of forest fauna, shall –

entails a fine for individuals in the amount of eight, for small businesses or non–profit organizations – in the amount of ten, for medium–sized businesses - in the amount of twenty, for large businesses - in the amount of two hundred and fifty monthly calculation indices.

2. Damage of forest by waste waters, chemical substances, industrial and domestic emissions and wastes entailing its drying or disease, or clogging of forest, shall –

entails a fine for individuals in the amount of ten, for small businesses or non–profit organizations – in the amount of thirty–five, for medium-sized businesses - in the amount of seventy, for large businesses - in the amount of four hundred monthly calculation indices.

3. Destruction or damage of forest drainage ditches, drainage systems and roads on the forest fund lands, shall –

entails a fine for individuals in the amount of twenty monthly calculation indices.

4. Actions provided by parts one, two and three of this Article committed on especially protected natural areas, shall –

entail a fine for individuals in the amount of ten, for small businesses or non–profit organizations – in the amount of seventy, for medium–sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of seven hundred and fifty monthly calculation indices.

Footnote. Article 372 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 373. Carrying out forest uses not in accordance with the purposes or requirements provided by permitting documents

1. Carrying out forest uses not in accordance with the purposes or requirements provided by permitting documents, shall –

entails a fine for individuals in the amount of three, for officials, small businesses or non–profit organizations – in the amount of five, for medium–sized businesses - in the amount of ten, for large businesses - in the amount of forty monthly calculation indices.

2. The same action committed on the especially protected natural areas, shall –

entails a fine for individuals in the amount of ten, for officials, small businesses or non–profit organizations – in the amount of twenty, for medium–sized businesses - in the amount of thirty, for large businesses - in the amount of one hundred monthly calculation indices.

Footnote. Article 373 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 374. Construction and operation of objects that lead to adverse effect on condition and reproduction of forests

1. Construction and operation of objects that lead to adverse effect on condition and reproduction of forests, shall –

entail a fine for individuals in the amount of five, for officials, small businesses or non–profit organizations – in the amount of ten, for medium–sized businesses - in the amount of fifteen, for large businesses - in the amount of one hundred monthly calculation indices.

2. The same actions committed on especially protected natural areas, shall –

entail a fine for individuals in the amount of twenty, for officials, small businesses or non–profit organizations – in the amount of thirty–five, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of four hundred monthly calculation indices.

Footnote. Article 374 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 375. Violation of established procedure for withdrawal and assessment of wood cutting areas

Violation of established procedure for withdrawal and assessment of wood cutting areas, shall –

entail a notification or fine on civil servants in amount of ten monthly calculation indices.

Article 376. Admission of wood processing in amounts exceeding the rated wood cutting areas

Admission of wood processing in amounts exceeding the rated wood cutting areas, shall –

entail a fine on civil servants in amount of three hundred monthly calculation indices.

Article 377. Illegal transportation, storage and use of pesticides, toxic chemicals and other preparations

Footnote. Heading of Article 377 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

1. Illegal transportation, storage and use of pesticides toxic chemicals and other preparations that entailed or might entail to environmental pollution or infliction of harm to animal world except for cases provided by Article 416 of this Code, shall –

entail a notification or fine on individuals in amount of five, on subjects of small entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. The same actions committed on especially protected natural areas, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Footnote. Article 377 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 378. Violation of rules for protection of plant growing places and animals habitats, rules for creation, storage, recording and use of zoological collections, as well as illegal resettlement, introduction, reintroduction and hybridization of animal species

Footnote. Title of Article 378 as amended by the Law of the Republic of Kazakhstan dated 15.07.2017 No. 73-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Violation of rules for protection of plant growing places and animals habitats, conditions of reproduction, migration routes and locations of animal concentrations, rules for creation, storage, recording and use of zoological and botanical collections, as well as illegal migration, introduction, reintroduction and hybridization of animal species shall -

entail a warning or fine for individuals in the amount of eight, for officials, small businesses or non–profit organizations – in the amount of fourteen, for medium–sized businesses - in the amount of twenty, for large businesses - in the amount of sixty monthly calculation indices.

2. The same acts committed in specially protected natural territories, –

entail a warning or fine for individuals in the amount of fifteen, for officials, small businesses – in the amount of thirty, for medium–sized businesses or non–profit organizations - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.

Footnote. Article 378 as amended by the Law of the Republic of Kazakhstan dated 15.06.2017 No. 73-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 379. Violation of protective measures of the plants and animals upon placement, designing and construction of the inhabited localities, enterprises and other objects, upon carrying out of industrial processes and operation of the transport vehicles, application of protective measures of the plants, mineral manures of other preparations

Violation of protective measures of the plants and animals upon placement, designing and construction of the inhabited localities, enterprises and other objects, upon carrying out of industrial processes and operation of the transport vehicles, application of protective measures of the plants, mineral manures of other preparations, with the exception of cases provided by Article 416 of this Code, shall –

entail a notification or fine on individuals in amount of eight, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of fourteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of seventy monthly calculation indices.

Article 380. Violation of the procedure for arrival of individuals on separate types of the especially protected natural areas

The stay of individuals without a special permit and outside the designated places for visiting in the territories of state nature reserves, state national nature parks, state natural reserves, state regional natural parks –

entails a warning or a fine in the amount of five monthly calculation indices.

Footnote. Article 380 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 380-1. Violation of the regime of protection of specially protected natural territories

1. Violation of the regime of protection of specially protected natural territories, if this action does not contain signs of a criminally punishable act, –

entails a fine for individuals in the amount of ten, for officials, small businesses or non–profit organizations – in the amount of twenty, for medium–sized businesses - in the amount of thirty, for large businesses - in the amount of fifty monthly calculation indices.

2. The action provided for 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 twenty, for officials, small business entities or non–profit organizations – in the amount of thirty, for medium–sized businesses - in the amount of forty, for large businesses - in the amount of the amount of one hundred monthly calculation indicators.

Footnote. Chapter 21 is supplemented by Article 380-1 in accordance with the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 381. Damage or destruction of objects of selective and genetic purpose

Damage or destruction of objects of selective and genetic purpose: plus trees, archived clones of plus trees, provenance trial plantations, test crops of populations and hybrids, trees and bushes on forest seed orchards, trees and bushes on permanent seed plantations, trees and bushes in plus stands, shall –

entails a warning or fine for individuals in the amount of twenty, for officials, small businesses or non–profit organizations – in the amount of fifty, for medium–sized businesses - in the amount of eighty, for large businesses - in the amount of fifty monthly calculation indices.

Footnote. Article 381 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 381-1. Illegal felling, destruction or damage of trees and bushes

1. Illegal felling, destruction or damage of trees and shrubs not included in the forest fund and prohibited for felling, except for trees and shrubs on household, suburban and garden plots, as well as destruction or damage to forest crops, seedlings or seedlings in forest nurseries and plantations, as well as youngsters of natural origin, undergrowth or self-seeding in the areas intended for forest reproduction and afforestation, causing damage to up to fifty monthly calculation indices –

entail a fine on individuals in the amount of fifty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred fifty, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of five hundred monthly calculation indices, with confiscation of illegally felled trees and shrubs, vehicles and other items of the infractor, which were the instrument for committing these violations.

2. Illegal felling, destruction or damage of trees and shrubs included in the forest fund, causing damage up to fifty monthly calculation indices – –

entail a fine on individuals in the amount of one hundred, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of three hundred, on the subjects of medium entrepreneurship – in the amount of four hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices, with confiscation of illegally felled trees and shrubs, vehicles and other items of the infractor, which were the instrument for committing these violations.

3. Actions provided for in parts one or two of this Article committed in specially protected natural areas or repeatedly within a year after the imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of one hundred fifty, on officials, subjects of small entrepreneurship or non-profit organizations – in the amount of four hundred fifty, on the subjects of medium entrepreneurship – in the amount of six hundred, on the subjects of large entrepreneurship – in the amount of one thousand five hundred monthly calculation indices, with confiscation of illegally felled trees and shrubs, vehicles and other items of the infractor, which were the instrument for committing these violations.

Footnote. Chapter 21 is supplemented by Article 381-1 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 382. Violation of requirements of using animal world and hunting rules

1. Violation of requirements of using animal world and (or) hunting rules that does not contain signs of a criminally punishable act, shall –

entails a warning or fine for individuals in the amount of five, for small businesses or non–profit organizations – in the amount of twenty–five, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.

2. The same violation provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entails a fine for individuals in the amount of fifteen, for small businesses – in the amount of sixty–five, for medium–sized businesses - in the amount of one hundred, for large businesses or non-profit organizations - in the amount of two hundred monthly calculation indices or deprivation of the right to hunt for up to two years, with confiscation of tools for obtaining animals, vehicles and other objects that were the instrument of committing the specified violation.

3. The act provided for in part one of this article committed in specially protected natural territories –

entails a fine for individuals in the amount of seventy, for small businesses or non–profit organizations – in the amount of one hundred ten, for medium–sized businesses - in the amount of one hundred fifty, for large businesses - in the amount of one thousand monthly calculated indicators or deprivation of the right to hunt for up to two years, with confiscation of items and (or) tools of an administrative offense.

Footnote. Article 382 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 383. Violation of rules for fishing and protection of fish resources and other shell-fish

1. Violation of rules for fishing, as well as rules for carrying out of the other types of using fish resources and other shell-fish that does not contain the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

3. Gross violation of the rules for fishing, with the exception of amateur (sport) fishing during the prohibited terms by prohibited instruments or methods at the prohibited places, as well as the rules for carrying out the other types of using fish resources and the other shell-fish that does not contain the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred fifty monthly calculation indices, with confiscation of the subjects and (or) instrument of the administrative infraction or without such.

4. Action provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of forty, on subjects of small entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in amount of one hundred twenty, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices, with confiscation of the subjects and (or) instrument of the administrative infraction or without such.

5. Water intake from fishery water bodies without installation of the special tools for prevention from appearing of fish in water intake facilities, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

Article 384. Violation of requirements of the legislation in the field of protection, reproduction and use of fish resources and other shell-fish

Violation of requirements of the legislation in the field of protection, reproduction and use of the fish resources and other shell-fish, if this action does not contain the signs of a criminally punishable act committed in the form of:

1) admission of discharging the hazardous substances exceeding established standards;

2) failure to provide the structures and devices of new and reconstructed objects preventing the adverse effect, pollution and clogging of waters;

3) use of livestock farms and other industrial complexes that do not have disposal facilities and sanitary-protective zones;

4) use of the structures and devices for transportation and storage of oil, chemical and other products without their equipping by the means for preventing water pollution;

5) use of pesticides, fertilizers on the water protection zones of water bodies;

6) discharge and burial of the radioactive and toxic substances into water objects;

7) discharge of sewage waters of industrial, food objects into water objects that do not have the disposal facilities and that do not ensure effective treatment in accordance with the standards;

8) applying the equipment and technology on water objects and water facilities representing a threat to environment;

9) discharge of solid, industrial, household and other wastes and their burial into water objects;

10) clogging of the water-producing areas of water objects, ice sheets of water objects, ice streams by solid, industrial, household and other wastes, the washing of which entails quality degradation of the surface water objects, shall –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 384 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 385. Violation of rules for conduct of hunting

1. Violation of rules for conduct of hunting, if this action does not contain the signs of a criminally punishable act committed in the form of:

1) illegal restriction of visiting the hunting areas;

2) applying prohibited types, methods and duration for hunting;

3) non-ensuring of organizing protection, reproduction and use of animal world on the allocated hunting areas, shall –

entail a fine on individuals in amount of three, on officials, subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship in amount of fifty monthly calculation indices.

2. Action provided by a part one of this Article committed three and more times within one year after imposition of administrative sanction, if this action does not contain the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of five, on civil servants, subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, or deprivation of the right to conduct hunting.

Footnote. Article 385 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 386. Violation of rules for maintenance and protection of green plantings

Violation of rules for maintenance and protection of green plantings established by the local representative bodies of regions, cities of republican significance and the capital, except for cases, provided for by Article 381-1 of this Code, shall –

entails a warning or fine for individuals in the amount of thirty, for small businesses or non–profit organizations – in the amount of sixty, for medium–sized businesses - in the amount of one hundred, for large businesses - in the amount of three hundred monthly calculation indices.

Footnote. Article 386 as amended by the Law of the Republic of Kazakhstan No. 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 387. Untimely clearing the felling site from the felling wastes, clogging of glades and territories adjoining to cutting areas

1. Untimely clearing the felling site from the felling wastes, clogging of glades and territories adjoining to cutting areas, shall –

entail a warning or fine for individuals in the amount of five, for officials, small businesses or non–profit organizations – in the amount of twelve, for medium–sized businesses - in the amount of twenty, for large businesses - in the amount of fifty monthly calculation indices.

2. The same actions committed on especially protected natural areas, shall –

entail a fine for individuals in the amount of thirty, for officials, small businesses or non–profit organizations – in the amount of forty, for medium–sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.

Footnote. Article 387 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 388. Violation of procedure and terms for development of cutting areas

1. Violation of procedure and terms for development of cutting areas, shall –

entail a warning or fine for individuals in the amount of five, for officials, small businesses or non–profit organizations – in the amount of twelve, for medium–sized businesses - in the amount of twenty-five, for large businesses - in the amount of fifty monthly calculation indices.

2. The same actions committed on especially protected natural areas, shall –

entail a fine for individuals in the amount of thirty, for officials, small businesses or non–profit organizations – in the amount of fifty, for medium–sized businesses - in the amount of seventy, for large businesses - in the amount of two hundred monthly calculation indices.

Footnote. Article 388 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 No. 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 389. Illegal acquisition, sale, transit, entry, outflow, storage (management) of species of wild animal and plants, their parts and derivatives

1. Illegal acquisition, sale, transit, entry, outflow, storage (management) of species of wild animal and plants, their parts and derivatives, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of seventy monthly calculation indices, with confiscation of the species of wild animals and plants and their products.

2. Actions provided by a part one of this Article committed repeatedly second time within one year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred forty monthly calculation indices, with confiscation of the species of wild animals and plants and their products.

Article 390. Violation of procedure for issuance and use of the issued permissions for using the animal world

1. Violation of procedure for issuance of permission for using the animal world, shall –

entail a fine on civil servants in amount of twenty five monthly calculation indices.

2. Violation of the issued permissions for using the animal world that is expressed in illegal seizure of the age-sex group (in case of indication), terms for seizure, territory and borders of a field of supposed seizure, methods for seizure (catching, killing, gathering) of the wild animals from environmental conditions, if this action does not contain the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of five, on subjects of small entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Article 391. Illegal change of conditions of the granted licence, and equally violation of the approved procedure for conduct of petroleum operations at sea

Illegal change of conditions of the granted licence, and equally violation of the approved procedure for conduct of petroleum operations at sea, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

Article 392. Carrying out of petroleum operations at sea creating an obstacle and inflicting damage to marine navigation, fishing

1. Carrying out of petroleum operations at sea creating an obstacle and inflicting damage to marine navigation, fishing, shall –

entail a fine on subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

2. Is excluded by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

3. Actions provided by parts one of this Article committed repeatedly second time within a year after imposition of administrative infraction, –

entail a fine on subjects of small entrepreneurship in amount of seventy five, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices, with confiscation of the vessel and tools of committing infraction or without such.

Footnote. Article 392 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 393. Violation of rules for conduct of the marine scientific researches on a continental shelve of the Republic of Kazakhstan

1. Violation of rules for conduct of the marine scientific researches provided by the permission or international treaties of the Republic of Kazakhstan that created or might create the interferences to legal types of activity on a continental shelve of the Republic of Kazakhstan, or illegal change of a program of the marine scientific researches on the continental shelve of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 394. Violation of rules for burial of wastes and other materials, as well as the rules for conservation and disassembling on a continental shelve of the Republic of Kazakhstan

1. Violation of rules for burial of vessels and other floating crafts, flight vehicles, artificial islands, installations and structures, wastes and other materials, as well as the rules for conservation and disassembling provided by the international treaties ratified by the Republic of Kazakhstan that may lead to the damage of mineral deposits, inflict harm to life or health of humans, inflict damage to biological resources, marine flora and fauna or create interferences to the other legal types of activity on a continental shelve of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of five, on subjects of small entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of ten, on the subjects of small entrepreneurship – in the amount of ninety, on the subjects of medium entrepreneurship – in the amount of one thousand, on the subjects of large entrepreneurship – in the amount of two thousand monthly calculation indices.

Footnote. Article 394 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 395. Failure to perform the legal requirements of civil servants of the bodies for protection of a continental shelve of the Republic of Kazakhstan

1. Failure to perform the legal requirements of civil servants of the bodies for protection of a continental shelve of the Republic of Kazakhstan, as well as impeding to exercising the powers by these civil servants imposed on them, including inspection of a vessel, shall –

entail a fine in amount of seventy of monthly calculation indices.

2. Actions provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of one hundred fifty monthly calculation indices with confiscation of the vessel and tools of committing infraction, as well as received results of researches or without such.

Article 396. Illegal transfer of mineral and biological resources of a continental shelve, territorial waters (seas) and internal waters of the Republic of Kazakhstan

1. Illegal transfer of mineral and biological resources of a continental shelve, territorial waters (seas) and internal waters of the Republic of Kazakhstan to foreign persons, legal entities created in accordance with the legislation of another state, or to foreign states, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of one hundred percent of the costs of illegally transferred mineral and biological resources.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of fifteen, on subjects of small entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of two hundred percent of the costs of illegally transferred mineral and biological resources with confiscation of the vessel and tools of committing the infraction, as well as received results of researches or without such.

Article 397. Breach of the legislation on environmental audit

Footnote. Article 397 was excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Article 398. Sale of caviar marked with violation of the procedure for marking, or unmarked caviar of sturgeon species of fishes

1. Sale of caviar marked with violation of the procedure for marking, or unmarked caviar of sturgeon species of fishes, shall –

entail a fine on individuals in amount of thirty five, on subjects of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in amount of ninety, on subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation indices, with confiscation of the caviar, marked with violation of procedure for marking, or caviar sold without marking.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of seventy, on subjects of small entrepreneurship – in amount of one hundred fifteen, on subjects of medium entrepreneurship – in amount of one hundred sixty, on subjects of large entrepreneurship – in amount of two hundred twenty monthly calculation indices, with confiscation of the caviar, marked with violation of procedure for marking, or caviar sold without marking.

Article 399. Violations in the performance of work and the provision of services in the field of environmental protection

1. Submission of false data in the provision of services by individuals and legal entities performing work and providing services in the field of environmental protection, shall –

entail a fine on the subjects of small entrepreneurship in the amount of one hundred, on the subjects of medium entrepreneurship – in the amount of one hundred fifty, on the subjects of large entrepreneurship – in the amount of four hundred monthly calculation indices.

2. The action provided for by part one of this Article, committed repeatedly within a year, and by the subjects of large enetrepreneurship – within three years after imposition of an administrative sanction, –

entail a fine on the subjects of small entrepreneurship in the amount of two hundred, on the subjects of medium entrepreneurship – in the amount of three hundred, on the subjects of large entrepreneurship – in the amount of eight hundred monthly calculation indices, with suspension of the licence for the corresponding type of service.

3. Commitment of actions provided for in parts one and two of this Article that caused environmental damage or committed more than three times, if these actions do not contain signs of a criminally punishable act, shall –

entail a fine on the subjects of small entrepreneurship in the amount of four hundred, on the subjects of medium entrepreneurship – in the amount of six hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices, with deprivation of a licence for the corresponding type of service.

Footnote. Article 399 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 403-VI (shall be enforced from 01.07.2021).

Chapter 22. Chapter 22. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF PROTECTION AND QUARANTINE OF PLANTS, GRAIN MARKET AND GRAIN STORAGE, SEED INDUSTRY AND STATE VETERINARY-SANITARY CONTROL AND SUPERVISION, LIVESTOCK BREEDING,M ORGANIC PRODUCTION, AS WELL AS REALIZATION OF PRICE STABILIZATION MECHANISMS FOR SOCIALLY IMPORTANT FOOD PRODUCTS

Footnote. Heading of Chapter 22 is in the wording of the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (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 05.01.2021 No. 409-VI (shall be enforced from 01.01.2022).

Article 400. Breach of the legislation of the Republic of Kazakhstan in the field of quarantine of plants

1. Violation of phytosanitary requirements to entered quarantineable products and conduct of the phytosanitary measures committed in the form of:

1) entry of the quarantineable products into the territory of the Republic of Kazakhstan that do not conform to phytosanitary requirements submitted to the entered quarantineable products;

2) entry of a batch of quarantineable products of the high phytosanitary risk into the territory of the Republic of Kazakhstan without the phytosanitary certificate of the national quarantine service of exporting country;

3) entry of a batch of quarantineable products of the high phytosanitary risk into the territory of the Republic of Kazakhstan without the re-export phytosanitary certificate of the national quarantine service of exporting country;

4) carrying out of transfer of the imported quarantineable products through the territory of the Republic of Kazakhstan with violation of phytosanitary requirements of the Republic of Kazakhstan;

5) non-representation of the quarantineable products for survey;

6) non-conduct of the annual preventive decontamination of storage capacities in which the storage or processing of the quarantineable products is carried out;

7) use of the planting or seed material before obtainment of the results of a laboratory examination;

8) non-compliance with conditions for storage of the imported planting or seed material before obtainment of the results of a laboratory examination;

9) use of grain, grain legume, oil-producing crops entered into the territory of the Republic of Kazakhstan for the seeding purposes for use in accordance with industrial, feed and technical purposes;

10) non-conduct of clearing the transport vehicles after transferring the imported quarantineable products, as well as the quarantineable products from the quarantine zones with compulsory destruction of wastes;

11) re-shipping of the quarantineable products on passage or point of destination without permission of the authorized body;

12) non-representation of the entered quarantineable products for the secondary quarantine examination at the point of its destination;

13) use of the seed or planting material for sowing obstructed by quarantine undesirable plants;

14) carrying out of storage or clearance of the quarantineable products procured in a zone of spreading the quarantine objects from the quarantineable products, procured in the zone being free from quarantine objects;

15) non-ensuring of a systematical inspection of sowings, territories, warehouses, the activity of which is linked with production, procurement, processing, storage, transportation and sale of the quarantineable products;

16) carrying out of inter-oblast transportations of the quarantineable products without the quarantine certificate, shall –

entail a fine on individuals in amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

2. Breach of the legislation of the Republic of Kazakhstan in the field of quarantine of plants upon entry, interstate transportations and upon selling the quarantineable products committed in the form of:

1) import to the territory of the Republic of Kazakhstan and in domestic transport of quarantine products, as well as vehicles infected with quarantine objects and alien species;

2) violation of prohibitions or restrictions for entry of the quarantineable products into the Republic of Kazakhstan;

3) sale of the quarantineable products by quarantine objects;

4) re-shipping of the quarantineable products exported from the quarantine zone of the Republic of Kazakhstan on passage;

5) transportation of mites, nematodes and living insects entered for the scientifically research purposes at the same time with the grain, grain legume, feedstuff, oil-producing, technical crops and their products after processing, fruits, vegetables, fruits and potato, planting or seed material, cuts of natural flowers and potted plants, wood, wrapping and support materials;

6) violation of prohibitions or restrictions for export of the quarantineable products contaminated by quarantine objects from the quarantine phytosanitary zone, shall –

entail a fine on individuals in amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with confiscation of the quarantineable products in case of impossibility of its decontamination and processing.

3. Untimely or improper maintenance of the accounting of spreading the quarantine objects or untimely or improper organization of the measures on quarantine of the plants on the objects of the state control and supervision in the field of quarantine of plants, shall –

entail a fine on civil servants I amount of thirty monthly calculation indices.

4. Action (omission) provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on civil servants in amount of sixty monthly calculation indices.

Footnote. Article 400 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 401. Breach of the legislation of the Republic of Kazakhstan on grain

1. Sale of grain upon export and import without the relevant passport of quality of grain, shall –

entail a fine on individuals in amount of five, on subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices.

2. Excluded by the Law of the Republic of Kazakhstan dated 04.12.2015 No. 435-V (shall be enforced from 01.01.2016).

3. Violation of rules for conducting quantative and qualitative grain accounting, rules for formation and maintenance of state electronic register of grain receipts holders by the cereal receiving enterprises, committed in the form of:

1) improper registration of grain coming into cereal receiving points;

2) improper registration of clearance, drying of grain;

3) improper registration of discharging grain;

4) improper keeping of the book of qualitative and quantitative accounting of grain;

5) non-compliance with the procedure for determining the gross physical weight of grain;

6) non-compliance with the term for issue and repayment of grain receipt;

7) input of unreliable information into state electronic register of grain receipts holders;

8) excluded by the Law of the Republic of Kazakhstan dated 09.04.2016 No. 502-V (order of enforcement see. Article 2).
9) excluded by the Law of the Republic of Kazakhstan dated 09.04.2016 No. 502-V (order of enforcement see. Article 2).
10) excluded by the Law of the Republic of Kazakhstan dated 09.04.2016 No. 502-V (order of enforcement see. Article 2).

entail a fine on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of three hundred monthly calculation indices.

4. Carrying out of an activity, that does not relate to provision of services for warehouse activity with the issue of grain receipts by a cereal receiving point, with exception of activity, permitted by the Law of the Republic of Kazakhstan "On Grain", - shall

entail a fine on subjects of medium entrepreneurship in amount of one hundred and twenty, on subjects of large entrepreneurship - in amount of three hundred monthly calculation indices.

4-1. The issuance of guarantees by a cereal receiving point and (or) provision of its property as collateral for obligations of third parties shall –

entail a fine on subjects of medium entrepreneurship in amount of one hundred and twenty, on subjects of large entrepreneurship - in amount of three hundred monthly calculation indices, with suspension of a license validity term

5. Systematical (two and more times within six sequential calendar months) distortion of the quantitative and qualitative indices of grain by cereal receiving points upon condition of their documentary proof, shall –

entail a fine on subjects of medium entrepreneurship in amount of two hundred, on subjects of large entrepreneurship - in amount of five hundred monthly calculation indices.

6. Alienation of basic assets by a cereal receiving point, without which the implementation of activity on providing services for warehouse activities with the issue of grain receipts becomes completely impossible or significantly worsens, shall –

entail a fine on subjects of medium entrepreneurship businesses in amount of one hundred, on subjects of large entrepreneurship - in amount of two hundred and eighty monthly calculation indices, with the suspension of a license validity term.

7. Failure to eliminate the violations that entailed bringing to administrative liability provided by parts four, five, six of this Article upon expiry of suspension of the license validity term, shall –

entail a fine on subjects of medium entrepreneurship in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of five hundred fifty monthly calculation indices, with the deprivation of the license.

8-9. Excluded by the Law of the Republic of Kazakhstan dated 04.12.2015 No. 435-V (shall be enforced from 01.01.2016).

10. Breach of the legislation of the Republic of Kazakhstan on grain by members of a commission on temporary management or temporary administration during the period of temporary management of a cereal receiving point, shall –

entail a fine on individuals, subjects of small entrepreneurship in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

11. Non-compliance of the procedure for storing of grain by cereal receiving points, as well as measures, ensuring their quantitative and qualitative preservation, failure to ensure in the established manner the sampling of grain by its owner shall –

entail a fine on subjects of medium entrepreneurship in amount of one hundred, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices.

Footnote. Article 401 as amended by the laws of the Republic of Kazakhstan dated 04.12.2015 No. 435-V (shall be enforced from 01.01.2016); dated 09.04.2016 No. 502-V (for the procedure of enforcement see Art. 2); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 402. Violations upon carrying out of entrepreneurial activity and rendering of services in the field of seed production

1. Carrying out activity on production, sale, storage, transportation and use of seeds with the breach of the legislation of the Republic of Kazakhstan in the field of seed production committed in the form of:

1) use of the seeds of agricultural plants being contaminated by quarantine objects for sowing (planting);

2) -3) is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after its first official publication);

4) use of the seeds for sowing (planting) in attested elite-seed and seed production that do not conform to variety and sowing qualities;

5) use of the seeds for sowing (planting) that did not undergo the examination of the seeds’ sowing qualities;

6) sale and use of the seeds for sowing (planting) that do not conform to the requirements of technical regulations;

7) violation of the procedure and terms for conducting strain renovation and variety changing;

8) failure to acquire original seeds of the varieties and parental forms of hybrids for ensuring of producing elite seeds for the purpose of their further sale;

9) failure to keep accounting of a quantity, origin of the seeds sold and used for own purposes, their varietal and sowing qualities;

10) failure to create insurance and financial funds of the seeds of agricultural plants on account of own funds, shall –

entail a notification or fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of seventeen, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Violation of the examination of varietal and sowing seed qualities by approbators, experts of seeds and attested legal entities rendering the services on conduct of approbation of the varietal sowings of agricultural plants, shall –

entail a notification or fine on individuals in amount of ten, on legal entities – in amount of two hundred monthly calculation indices.

3. Violation of the qualifying requirements submitted to the activity in the field of seed production by attested individuals and legal entities, as well as approbators and experts of seeds, shall –

entail a notification or fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

4. Actions provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of fifty monthly calculation indices, on attested persons – deprivation of the attestation certificate certifying the right of subjects to carrying out of the activity in the field of seed production.

5. Untimely conduct of attestation, re-attestation of the subjects of seed production, shall –

entail a fine on civil servants in amount of twenty monthly calculation indices.

Footnote. Article 402 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); from 27.11.2015 No. 424-V (shall be enforced upon expiry of six months after its first official publication).

Article 403. Breach of the legislation of the Republic of Kazakhstan on protection of plants

1. Non-representation, and equally untimely representation of phytosanitary reporting, shall –

entail a fine on individuals in amount of five, on individuals, subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Conduct of phytosanitary monitoring and phytosanitary measures on the objects of phytosanitary control that entailed development and spreading of hazardous organisms with a number more than economic harmfulness threshold, shall –

entail a fine on individuals in amount of five, on civil servants, subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

3. Failure to neutralize pesticides and maintenance, support of special storages (burial grounds) in improper state, committed in the form of:

1) absence of special storage facilities (burial grounds) for neutralization of pesticides and containers from under them;

2) absence of methods and technologies for neutralization of worn-out pesticides and containers from under them, developed and provided by suppliers (manufacturers, importers, sellers) of pesticides;

3) storage of pesticides of the first hazard class, which have become unusable for further use for their intended purpose, in containers that do not ensure tightness and do not exclude the possibility of environmental contamination with pesticides;

4) packaging of pesticides of the second hazard class, if necessary, in multilayer containers made of polymeric materials without special inserts (depending on the specifics of pesticide);

5) repackaging of pesticides with damaged packaging integrity;

6) absence of high-temperature installations that ensure the decomposition of combustible compounds to non-toxic (non-hazardous) substances in places determined in accordance with the legislation by state environmental control and sanitary and epidemiological welfare of population for destruction of paper or wooden containers from pesticides by burning;

7) absence of mechanization means for loading, transporting and unloading prohibited, worn-out pesticides and containers from under them, shall –

entail a fine on individuals in amount of fifty, on officials, subjects of small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

4. Failure to take measures on construction of the special storages (burial grounds), shall –

entail a fine on civil servants in amount of ten monthly calculation indices.

5. Action (omission) provided by parts one, two, three and four of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Footnote. Article 403 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 404. Breach of the legislation of the Republic of Kazakhstan on development of cotton industry

Article 404 Excluded by the Law of the Republic of Kazakhstan dated 05.01.2021 No. 409-VI (shall be enforced from 01.01.2022).

Article 405. Non-compliance with maximum markup upon realization of price stabilization mechanisms for socially important food products

Non-compliance with maximum markup upon realization of price stabilization mechanisms for socially important food products –

shall entail a fine on legal entities in amount of two hundred fifty monthly calculation indices.

Footnote. Article 405 is in the wording of the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 406. Breach of the legislation of the Republic of Kazakhstan in the field of veterinary medicine

1. Breach of the legislation of the Republic of Kazakhstan in the field of veterinary medicine committed in the form of:

1) non-compliance with conditions and requirements of the quarantine and restrictive measures;

2) non-compliance with the veterinary (veterinary and sanitary) rules, requirements and veterinary standards:

upon placement, construction, reconstruction and putting into operation of the objects of state veterinary and sanitary control and supervision linked with maintenance, breeding, use, production, procurement (slaughtering), storage, processing and sale of the relocated (transferred) objects being subordinated to the state veterinary and sanitary control and supervision;

upon maintenance, breeding and use of animals, including the animals in zoological gardens, circuses, at bee gardens, in aquariums;

upon carrying out of the activity on the objects of internal trade; on production objects carrying out growth of animals, procurement (slaughtering), storage, processing and sale of animals, products and and raw materials of animal origin; in organization on production, storage and sale of veterinary preparations, feeding stuff and feed supplements;

upon carrying out of the transportation (displacement) of the relocated (transferred) objects in a territory of the Republic of Kazakhstan being subordinated to the state veterinary and sanitary control and supervision;

3) non-compliance with requirements of the regulatory legal acts on protection of a territory of the Republic of Kazakhstan from carrying and spreading of contagious and exotic diseases of animals from other states;

4) non-compliance with conditions and requirements for slaughtering of the live-stock animals designed for the following selling;

5) carrying out of production, entry (import), sale and applying (use) of veterinary preparations, feed supplements without their state registration, with the exception of the cases of production, entry (import) in capacities required for conduct of their registration tests, shall –

entail a fine on individuals in amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

2. Action (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of forty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

3. Failure to conduct or improper conduct of veterinary measures, as well as violation of the terms for their conduct, shall –

entail a fine on individuals in amount of twenty five, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of one hundred twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship – in amount of five hundred monthly calculation indices.

4. Actions (omission) provided by a part three of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of fifty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

5. Non-ensuring of identification of live-stock animals, shall –

entail a fine on civil servants in amount of twenty five monthly calculation indices.

6. Action (omission) provided by a part five of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on civil servants in amount of fifty monthly calculation indices.

7. Failure to perform the functions by the local executive bodies imposed on them by the legislation of the Republic of Kazakhstan in the field of veterinary medicine, shall –

entail a notification on civil servants of the local executive bodies.

8. Action (omission) provided by a part seven of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on civil servants of the local executive bodies in amount of one hundred monthly calculation indices.

9. Non-notifying the subdivisions of the local executive bodies carrying out the activity in the field of veterinary medicine, state veterinary organizations created by the local executive bodies, bodies of the state veterinary and sanitary control and supervision on:

1) newly acquired animal (animals), received animal yield, its (their) slaughtering and sale;

2) cases of loss, simultaneous disease of several animals or on their unusual behavior and failure to take the measures of isolate maintenance of the animals upon suspicion of disease before arrival of the specialists in the field of veterinary medicine, state veterinary and sanitary inspectors, shall –

entail a notification or fine on individuals in amount of five, on subjects of small entrepreneurship or non-profit organizations – the fine in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

10. Action (omission) provided by a part nine of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of thirty, on subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

11. Violation of the procedure for issuance of veterinary documents and requirements to their forms, shall –

entail a fine on civil servants, subjects of small entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

12. Action (omission) provided by a part eleven of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on civil servants, on subjects of small entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

13. Failure to render assistance to the specialists in the fields of veterinary medicine upon performance of their official duties on conduct of veterinary measures, shall –

entail a fine on individuals in amount of five, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

14. Violation of rules for quarantine of animals, shall –

entail a fine on individuals in amount of five, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

15. Violation of the regulatory legal acts on the issues of struggle against epizootics, as well as other regulatory legal acts in the field of veterinary medicine that did not entail spreading of the epizootics or other grave consequences, shall –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

16. Actions (omission) provided by parts thirteen, fourteen and fifteen of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 407. Breach of the legislation of the Republic of Kazakhstan on livestock breeding

1. Breach of the legislation of the Republic of Kazakhstan on livestock breeding committed in the form of:

1) sale of pedigree products (material) that have not been bonitated (valued) by individuals and legal entities;

2) sale of pedigree products (material) without issuing a pedigree certificate by individuals and legal entities;

3) refusal of the objects in the field of livestock breeding from maintenance of data accounting and non-representation of reporting;

4) non-execution of the acts of state inspectors for pedigree cattle breeding by subjects in the field of pedigree cattle breeding, individuals and legal entities, who received budget subsidies;

5) use of the seed and embryos by the subjects in the field of livestock breeding received from the pedigree animals not registered in the manner established by the legislation of the Republic of Kazakhstan on livestock breeding;

6) use of pedigree animals, that have not been bonitated (evaluated), by individuals and legal entities for reproduction;

7) falsification of the results of bonitation (evaluation) of pedigree animals by individuals and legal entities;

8) -9) is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 No. 424-V (shall be enforced upon expiry of six months after its first official publication);

2. Non-compliance with the obligations established by the Law of the Republic of Kazakhstan “On livestock breeding” by individuals and legal entities carrying out the activity in the field of livestock breeding subjected to notification, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with suspension of the activity on subjects in the field of livestock breeding or without such.

3. Actions (omission) provided by parts one and two of this Article committed repeatedly second time within a year after imposition of administrative sanction, and equally failure to eliminate the violations provided by parts one and two of this Article that entailed bringing to administrative liability, shall –

entail prohibition of the activity in the field of livestock breeding.

Footnote. Article 407 as amended by the laws of the Republic of Kazakhstan dated 27.11.2015 No. 424-V (shall be enforced upon expiry of six months after its first official publication); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 407-1. Animal abuse

1. Cruelty to animals, if this act does not contain signs of a criminally punishable act, -

entails a fine on individuals in amount of five, on officials - in amount of ten monthly calculation indices.

2. The act provided for by part one of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine on individuals in amount of twenty, on officials - in amount of forty monthly calculation indices.

Footnote. Chapter 22 is supplemented by Article 407-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2021 No. 99-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 407-2. Violation of legislation of the Republic of Kazakhstan in the field of responsible treatment of animals

1. Violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of responsible treatment of animals for:

1) trapping, temporary keeping and killing of animals;

2) comes into force from 01.09.2023 by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 99-VII (the text is excluded);
Subparagraph 3) was suspended on 01.01.2025 by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 99-VII, and during the suspension period, this paragraph is valid in the following edition.

3) the keeping of animals in zoological nurseries, animal shelters, zoological hotels, stations for temporary keeping of animals, rehabilitation centers for animals, mobile menageries, petting zoos, except for the cases provided for in paragraph three of subparagraph 2) of part one of Article 406 of this Code;

4) keeping and walking pets;

5) transportation of animals, with the exception of cases provided for in paragraph five of subparagraph 2) of part one of Article 406, parts 2-1 and four of Article 571 of this Code, -

entails a fine on individuals in the amount of ten, on officials - in the amount of twenty, on legal entities - in the amount of thirty monthly calculation indices.

2. The act provided for by part one of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine on individuals in amount of twenty, on officials – in amount of thirty, on legal entities – in amount of forty monthly calculation indices.

Footnote. Chapter 22 is supplemented by Article 407-2 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2021 No. 99-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 408. Violation of the rules for grazing farm animals

1. Violation of the rules for grazing farm animals established by local representative bodies of regions, cities of republican significance, the capital, -

entails a fine in the amount of three monthly calculation indices.

2. The same action that caused damage to the property of individuals, -

entails a fine in the amount of ten monthly calculation indices.

Footnote. Article 408 - as amended by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 99-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 408-1. Violation of the legislation of the Republic of Kazakhstan in the field of production of organic products

1. Violation of the legislation of the Republic of Kazakhstan in the field of organic production, committed in the form of release and sale of organic products that do not meet the requirements of the legislation of the Republic of Kazakhstan in the field of organic production shall -

entail a fine on individuals in amount of thirty, on subjects of small entrepreneurship or non-profit organizations - in amount of sixty-five, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

2. Action (inaction) provided in part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on individuals in amount of forty – five, on subjects of small entrepreneurship or non – profit organizations – in amount of one hundred and twenty, on subjects of medium entrepreneurship - in amount of two hundred, on subjects of large entrepreneurship - in amount of four hundred monthly calculation indices.

Footnote. Chapter 22 is supplemented by Article 408-1 in accordance with the Law of the Republic of Kazakhstan dated 27.11.2015 No. 424-V (shall be enforced upon expiry of six months after its first official publication).

Chapter 23. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
EDUCATION, PHYSICAL TRAINING AND SPORT

Footnote. Title of Chapter 23 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).

Article 409. Breach of the legislation of the Republic of Kazakhstan in the field of education, physical training and sport

Footnote. Title of Article 409 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 No. 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

2. Non-fulfillment or improper fulfillment of the obligations provided by the legislation of the Republic of Kazakhstan in the field of education by parents or another legal representatives, shall –

entail a notification or a fine in amount of five monthly calculation indices.

3. Non-fulfillment or improper fulfillment of the obligations by a head or other civil servant of educational organization due to negligent or unfair relation to them, if this entailed infliction of light harm to health of the pupils, students and employees of the educational organization during the academic and educational process, shall –

entail a fine in amount of fifty monthly calculation indices.

3-1. Is excluded by the Law of the Republic of Kazakhstan No. 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

4. Violation of the requirements by educational organizations committed in the form of:

1) non-compliance with the standard rules for activity of educational organizations;

2) non-compliance with the standard rules for admission in educational organizations;

3) non-compliance with the standard rules for change and reinstatement of students by the types of educational organizations;

4) non-compliance with the standard rules for provision of academic leaves for students in educational organizations;

5) non-compliance with the standard rules of competitive substitution of the positions of higher-education teaching personnel and scientific workers of educational organizations, shall –

entail a fine on civil servants in amount of ten, on subjects of small entrepreneurship or non-profit organizations in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of twenty five monthly calculation indices, with suspension of the license validity term.

4-1. Failure by the founder (founders) of an organization of higher and (or) postgraduate education, within the time limit, established by the law of the Republic of Kazakhstan, to transfer students to continue their studies and transfer their personal files to other organizations of higher and (or) postgraduate education and (or) transfer personal files of persons who have not completed their education or have not passed the final certification, and also, personal files and copies of educational documents of persons who completed their studies at the educational organization in previous years, to the appropriate state archive in case of deprivation (revocation), termination of the license and (or) the appendix to the license to engage in educational activities or liquidation of the organization of higher and (or) postgraduate education –

entails a fine for individuals in the amount of one hundred, for officials – in the amount of one hundred and fifty, for small businesses or non–profit organizations - in the amount of two hundred, for medium-sized businesses – in the amount of three hundred, for large business entities – in the amount of five hundred monthly calculation indices.

4-2. The action (inaction) provided for in part 4-1 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, for officials – in the amount of two hundred, for small businesses or non–profit organizations - in the amount of three hundred, for medium-sized businesses – in the amount of in the amount of five hundred, for large business entities – in the amount of seven hundred monthly calculation indices.

5. Creation and activity of organizational structures of political parties in educational organizations, shall –

entail a fine on civil servants, on subjects of small entrepreneurship in amount of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in amount of twenty five monthly calculation indices.

6. Non-conformance of rendered educational services to the requirements of the state obligatory educational standard, as well as other violations of the requirements of the state obligatory educational standards, shall –

entail a fine on officials, subjects of small entrepreneurship or non-profit organizations in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship - in amount of thirty calculation indices, with suspension of the license validity term.

7. Action (omission) provided by parts one – six of this Article committed repeatedly second time within a year after imposition of administrative infraction, shall –

entail a fine on individuals in amount of twenty, on officials in amount of thirty, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of sixty monthly calculation indices, with deprivation of a permit document.

7-1. Action provided by part four of this Article, committed by an education organization, carrying out activity in a notification procedure, repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on officials in amount of thirty, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of sixty monthly calculation indices, with suspension of activity.

7-2. Non-compliance with the requirements for providing the access of students and boarders to the Internet using the services of communication operators designed to restrict children's access to information, detrimental to their health and development by educational organizations, –

shall entail a fine on officials in amount of ten monthly calculation indices.

7-3. Violation of the legislation of the Republic of Kazakhstan on teacher status, committed in the form of:

1) attracting a teacher to types of work that are not related to professional duties, except for cases provided by the laws of the Republic of Kazakhstan;

2) requesting from a teacher reporting or information not provided by the legislation of the Republic of Kazakhstan in the field of education;

3) conducting an audit not provided by the laws of the Republic of Kazakhstan;

4) imposing on a teacher the obligation to purchase goods and services;

5) attracting a teacher of a state organization of secondary education, in the course of his professional activity, to conduct events of non-governmental organizations,

entail a warning.

7-4. Action provided by part 7-3 of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall –

entail a fine on officials in amount of twenty, subjects of small entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred and twenty monthly calculation indices.

7-5. Admission to professional activity of a teacher of persons:

1) deprived of the right to carry out the professional activity of a teacher in accordance with a court verdict that has entered into legal force;

2) recognized as incapable or partially incapable in the manner established by the laws of the Republic of Kazakhstan;

3) having medical contraindications, being on the psychiatric and (or) narcological account;

4) not having documents on technical and professional, post-secondary, higher or postgraduate education;

5) having other restrictions provided by the Labor Code of the Republic of Kazakhstan, - Республики Казахстан, shall –

entail a fine in amount of twenty-five monthly calculation indices.

7-6. Disrespect for a teacher in the performance of his official duties, expressed in obscene language, obscene behavior, abusive harassment, demonstration of indecent gestures (signs), objects, including using the mass media or telecommunication networks, shall –

entail a fine on individuals in amount of thirty monthly calculation indices.

7-7. Actions provided by part 7-6 of this Article, committed by minors between the ages of twelve and sixteen, shall -

entail a fine on parents or persons replacing them in amount of twenty monthly calculation indices.

7-8. Actions provided by part 7-6 of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall -

entail a fine on individuals in amount of forty monthly calculation indices or administrative arrest for up to five days.

7-9. Actions provided by part 7-7 of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall -

entail a fine on parents or persons replacing them in amount of thirty monthly calculation indices.

8. Non-compliance with the requirements on supplying the sports equipment and equipping the places for conduct of activities and competitions, shall –

entail a fine on legal entities in amount of one hundred monthly calculation indices.

9. Liquidation, change of the designated and functional purpose of health and fitness, sports facilities being in the state ownership without the creation of the equal health and fitness, sports facilities, shall –

entail a fine on civil servants in amount of five hundred monthly calculation indices.

10. Non-compliance with the requirements on supporting participants of sports events by the medical assistance and access of sportsmen to them that did not pass medical examination in accordance with the regulatory requirements, shall –

entail a fine on legal entities in amount of five hundred monthly calculation indices.

11. The act provided by a part nine of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine in amount of one thousand monthly calculation indices.

12. Violation of the anti-doping rules of the Republic of Kazakhstan by a trainer, coach-teacher, sports medicine specialist and (or) other specialist in the field of physical culture and sports, expressed in the use of prohibited substances and (or) prohibited methods in sports against an athlete, regardless of the athlete's consent or in facilitating the use by the athlete or in relation to the athlete of prohibited substances and (or) prohibited methods, -

entail a fine in amount of two hundred monthly calculation indices.

Note. Assistance in use by an athlete or in relation to an athlete of a prohibited substance and (or) prohibited method in sport in this article means any action that promotes the use of a Prohibited Substance and (or) prohibited method in sport, including advice, guidance, provision of information, provision of prohibited substances, means of using prohibited methods, removing barriers to the use of prohibited substances and (or) prohibited methods in sports, as well as hiding traces of the use of prohibited substances and (or) prohibited methods in sports.

Footnote. Article 409 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 09.04.2016 No.501-V (shall be enforced from 01.01.2017); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 170-VІ dated 02.07.2018 (shall be enforced upon expiry of six months after its first official publication); No. 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.12.2019 No. 280-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.12.2019 No. 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 No. 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Chapter 24. ADMINISTRATIVE INFRACTIONS ENCROACHING
ON PUBLIC SAFETY AND HEALTH OF POPULATION

Article 410. Violation or non-compliance with the requirements of fire safety, with the exception of the requirements established by technical regulations

Footnote. Title of Article 410 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of six months after its first official publication).

1. Violation or non-compliance with the requirements of fire safety in organizations, buildings, structures, constructions, residential buildings, public places, agricultural land, technological installations, equipment, units and other property established by the legislation of the Republic of Kazakhstan, with the exception of the requirements established by technical regulations, –

entail a notification or fine on individuals in amount of five, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

2. Action (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

3. Action (inaction) provided by part one of this Article that entailed the fire development that inflicted harm to human health or major damage, in the absence of criminal offence elements, –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

Note. As applied to this Article, the significant damage shall be regarded as the sum exceeding fifty monthly calculation indices at the time of commission of the administrative infraction.

Footnote. Article 410 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of six months after its first official publication).

Article 410-1. Breach of the legislation of the Republic of Kazakhstan upon conduct of audit in the field of fire security

1. Non-representation or untimely representation of a copy of conclusion on results of conducted audit in the field of fire security by an expert organization to the territorial subdivision of the authorized body in the scope of civil protection, shall –

entail a fine on the expert organization in amount of thirty monthly calculation indices.

2. Representation of conclusion in view of the results of conducting the audit in the field of fire security by the expert organization containing inaccurate information on conformance (non-conformance) of the object of requirement to the fire security, shall –

entail a fine on the expert organization in amount of fifty monthly calculation indices.

3. Action (omission) provided by parts one and two of this Article committed repeatedly second time within a year after imposition of administrative sanction, as well as representation of knowingly false conclusion by the expert organization in view of the results of conducting audit in the field of fire security, shall –

entail a fine on expert organizations in amount of one hundred monthly calculation indices with deprivation of the accreditation certificate.

Footnote. Chapter 24 is supplemented by Article 410-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 411. Release and sale of explosive and fire hazardous products that do not meet the requirements of fire security

Release and sale of fire and explosion hazardous and fire dangerous products that shall not meet the requirements of fire safety, if this did not entail infliction of grave or average gravity harm to health carelessly and (or) heavy damage to an individual or legal entity, or the state, –

entail a fine on civil servants, subjects of small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Note. As applied to this Article of this Code, the heavy damage shall be regarded as the sum exceeding one hundred monthly calculation indices at the time of commission of administrative infraction.

Footnote. Article 410 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of six months after its first official publication).

Article 412. Violation or failure to comply with the safety rules on water reservoir

Violation or failure to comply with the safety rules on water reservoirs committed by a person being liable for their compliance in the absence of the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of seven, on officials, subjects of small entrepreneurship - in amount of ten, on subjects of medium entrepreneurship - in amount of twenty, on subjects of large entrepreneurship - in amount of sixty monthly calculation indices.

Footnote. Article 412 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 413. Violation of radiation safety requirements upon using nuclear energy

1. Unjustified or intentional release of radioactive substances into the atmosphere, water environment and subsoil in quantities exceeding the levels established by the authorized state bodies; violation of the requirements on ensuring accounting and control of radioactive substances and sources of ionizing radiation, if these actions do not contain any signs of a criminally punishable act, shall –

entail a fine on individuals in amount of twenty, on officials, subjects of small entrepreneurship – in amount of forty – five, on subjects of medium entrepreneurship - in amount of seventy, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices or suspension of a license in the field of nuclear energy use.

2. Involvement in economic circulation for the purpose of use and consumption by the population of products and materials exposed to radiation or containing radioactive substances, without permission of the authorized state bodies, admission to work at nuclear power facility of persons who have not undergone appropriate training or do not have a document certifying their qualifications, as well as persons under the age of eighteen or having medical contraindications, if these actions do not contain any signs of a criminally punishable act, shall –

entail a fine on individuals in amount of twenty, on officials, subjects of small entrepreneurship – in amount of forty – five, on subjects of medium entrepreneurship - in amount of seventy, on subjects of large entrepreneurship -in amount of two hundred monthly calculation indices or deprivation of a license in the field of nuclear energy use.

Footnote. Article 413 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 413-1. Violation of the requirements of technical regulations in the field of use atomic energy by legal entities

1. Violation of the requirements of technical regulations for use atomic energy by legal entities –

shall entail a fine in amount of sixty monthly calculation indices with suspension of certain types of the activities or without one.

2. Action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine in the amount of one hundred fifty monthly calculation indices with prohibition of certain types of activities or without one.

Note.

In this article, by legal entities shall be understood the entities carrying out the activities for use atomic energy with nuclear facilities and objects of I and II categories of potential radiation hazard.

Footnote. Chapter 24 is supplemented by Article 413-1 in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 414. Violation of requirements of Nuclear proliferation regime

Violation of the established procedure for nuclear export and import; violation of the requirements on ensuring physical protection of nuclear materials, nuclear facilities, sources of ionizing radiation and storage points; violation of requirements on ensuring accounting and control of nuclear materials or sources of ionizing radiation, if these actions do not contain any signs of a criminally punishable act, shall –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship in amount of forty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices or deprivation of the licenses, special permissions for the activity in the scope of using nuclear energy.

Footnote. Article 414 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 415. Breach of the legislation of the Republic of Kazakhstan in the field of technical regulation

1. Breach of the legislation of the Republic of Kazakhstan in the field of technical regulation committed in the form of:

1) release into circulation of the products non-confirming the requirements established by technical regulations and regulatory legal acts;

2) release into circulation of the products without documents of confirmation and (or) conformity assessment in accordance with the requirements established by technical regulations and regulatory legal acts, –

shall entail a fine on individuals in amount of ninety, on officials, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred and ninety five, on subjects of medium entrepreneurship – in amount of three hundred and ten, on subjects of large entrepreneurship – in amount of six hundred monthly calculation indices.

2. Action (inaction) provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of one hundred and thirty five, on officials, on subjects of small entrepreneurship or non – profit organizations – in amount of three hundred and sixty, on subjects of medium entrepreneurship - in amount of six hundred, on subjects of large entrepreneurship - in amount of one thousand and two hundred monthly calculation indices, with or without suspension of activities, with confiscation of the products or without it.

Footnote. Article 415 is in the wording of the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 415-1. Violation of the legislation of the Republic of Kazakhstan on accreditation for conformity assessment during accreditation, procedures for confirmation and (or) conformity assessment, verification of measuring means established by technical regulations, regulatory legal acts and standardization documents

1. Violation of the legislation of the Republic of Kazakhstan on accreditation for conformity assessment during accreditation, procedures for confirmation and (or) conformity assessment, verification of measuring means established by technical regulations, regulatory legal acts and standardization documents, committed in the form of:

1) violation of the rules for conducting procedures of confirmation and (or) conformity assessment, verification of measuring means;

2) unreliability of the test results upon conducting confirmation and (or) conformity assessment, verification of measuring means;

3) issuance of documents confirming compliance, and issuance of certificate on verification of measuring means without carrying out compulsory procedures;

4) verification of measuring means, metrological certification of measurement procedures by legal entities without accreditation;

5) use of measurement unit standards that have not been calibrated or verified by subjects;

6) violation of the procedure for work on accreditation, –

shall entail a fine on individuals in amount of ninety, on officials, on subjects of small entrepreneurship or non – profit organizations – in amount of one hundred and ninety five, on subjects of medium entrepreneurship - in amount of three hundred and ten, on subjects of large entrepreneurship - in amount of six hundred monthly calculation indices, with suspension of accreditation certificate and certificate of expert-auditor for confirmation of compliance, certificate of verification officer of measuring means for the period of six months.

2. Action (inaction) provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of one hundred and thirty five, on officials, on subjects of small entrepreneurship or non – profit organizations – in amount of three hundred and sixty, on subjects of medium entrepreneurship - in amount of six hundred and ten, on subjects of large entrepreneurship - in amount of one thousand and two hundred monthly calculation indices, with deprivation of accreditation certificate and certificate of expert-auditor for confirmation of compliance, certificate of verification officer o measuring means.

Footnote. Chapter 24 is supplemented by Article 415-1 in accordance with the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 416. Breach of the legislation in the field of safety ensuring of separate types of products

Failure to terminate the implementation of life cycle processes of the products by the subject from the date of detection of non-conformity to the safety requirements established by the legislative acts on food safety, chemical products, machines and equipment, toys and technical regulations, shall –

entail a fine on individuals in amount of one hundred sixty, on subjects of small entrepreneurship or non-profit organizations – in amount of two hundred thirty, on subjects of medium entrepreneurship – in amount of three hundred ten, on subjects of large entrepreneurship – in amount of one thousand six hundred monthly calculation indices, with suspension of the activity or without such with confiscation of the products or without such.

Note. As applied to this Article, the subjects shall be regarded as the persons being liable for safety of products in accordance with the legislative acts on food safety, chemical products, machines and equipment, tools.

Article 417. Violation of the procedure for issuance of a certificate of goods origin and conclusion of goods configuration of Eurasian economic union or foreign goods

1. Compilation by experts-auditors of opinion on determination the country of the goods origin for internal circulation, the status of the goods of Eurasian Economic Union or foreign goods and issuance by expert organization of expertise acts on the origin of goods for internal circulation, on determining the status of the goods of Eurasian Economic Union or foreign goods in which the data on the goods shall be falsified and (or) unreliable, –

shall entail a fine on experts-auditors on determination the country of the goods origin for internal circulation, the status of the goods of Eurasian Economic Union or foreign goods in amount of ten monthly calculation indices with suspension of certificates of experts-auditors on determination the country of the goods origin for internal circulation, the status of the goods of Eurasian Economic Union or foreign goods for the period of six months, on expert organizations - in amount of thirty monthly calculation indices with suspension of activities for the period up to three months.

2. Refusal in issuance the certificate of origin of goods in case of submission of a duly executed act of expertise of the goods origin for internal circulation, documents, confirming the origin of goods for internal circulation, according to the list approved by the authorized agency for technical regulation, or refusal on issuance a conclusion of the goods configurations of Eurasian Economic Union or foreign goods in case of submission of a duly executed expertise act on determination the status of the goods of Eurasian Economic Union or foreign goods and information, documents, confirming the status of the goods of Eurasian Economic Union or foreign goods, –

shall entail a fine on the organization authorized to issue the certificate of origin, on agencies (organizations) authorized to issue the certificate of origin for internal circulation, conclusion of goods configurations of Eurasian Economic Union or foreign goods, in amount of fifty monthly calculation indices.

3. Issuance of the certificate of goods origin by agencies (organizations) authorized to issue the certificate of goods origin for internal circulation, conclusion of goods configurations of Eurasian Economic Union or foreign goods, certificate of goods origin for internal circulation, conclusion of goods configurations of Eurasian Economic Union or foreign goods, in which the data on the goods shall be falsified and (or) unreliable, –

shall entail a fine for the organization authorized to issue the certificate of origin, agencies (organizations) authorized to issue the certificate of origin for internal circulation, conclusion of forms of goods of the Eurasian Economic Union or foreign goods, in the amount of thirty monthly calculation indices.

4. Violation of the term for issuance of the certificate of goods origin, the certificate of goods origin for internal circulation, conclusion of the goods configurations of Eurasian Economic Union or foreign goods by the authorized organization, agencies (organizations) authorized to issue the certificate of goods origin, the certificate of goods origin for internal circulation, conclusion of the goods configurations of the Eurasian Economic Union or foreign goods, as well as of the written substantiated decision on refusal in their issuance –

shall entail a fine on the organization authorized to issue the certificate of goods origin, on agencies (organizations) authorized to issue a certificate of origin for internal circulation, conclusion of goods configurations of Eurasian Economic Union or foreign goods, in amount of thirty monthly calculation indices.

5. Submission of falsified and (or) unreliable documents confirming the origin of goods according to the list approved by the authorized body in the field of technical regulation, for obtaining a certificate of origin, documents confirming the origin of the goods for internal circulation, for obtaining a certificate of origin for internal circulation, as well as information, documents confirming the status of the goods of the Eurasian economic union or foreign goods, for obtaining the conclusion of the goods configurations of Eurasian economic union or foreign goods shall –

entails a fine on subjects of small entrepreneurship in amount of twelve, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship - in amount of thirty monthly calculation indices.

6. Actions (inaction) provided by parts one, two, three and four of this Article, committed repeatedly within a year after imposing administrative penalties, shall –

entails a fine on experts-auditors on determination the country of goods origin, status of goods of Eurasian economic union or foreign goods in amount of forty monthly calculation indices with deprivation of the certificates of experts-auditors on determination the country of goods origin, status of goods of Eurasian economic union or foreign goods, on organization authorized to issue a certificate, on bodies (organizations) authorized to issue a certificate of goods origin for internal circulation, conclusion of goods configurations of Eurasian economic union or foreign goods - in amount of one hundred monthly calculation indices, on expert organizations - in amount of sixty monthly calculation indices, with suspension of the activities for the term up to three months.

Footnote. Article 417 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2017 No. 124-V (shall be enforced from 01.01.2018); as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 418. Violation of national standards required for the State Flag of the Republic of Kazakhstan and the State Emblem of the Republic of Kazakhstan

1. Production of the State Flag of the Republic of Kazakhstan and the State Emblem of the Republic of Kazakhstan, which do not meet the requirements of the national standard shall, –

entail a fine on individuals in amount of twenty – five, on officials, subjects of small entrepreneurship or non – profit organizations – in amount of fifty, on subjects of medium entrepreneurship - in amount of seventy-five, on subjects of large entrepreneurship - in amount of two hundred monthly calculation indices.

1-1. Use (establishment, placement) of the State Flag of the Republic of Kazakhstan and the State Emblem of the Republic of Kazakhstan with violation of the legislation of the Republic of Kazakhstan on state symbols shall -

entail a notification or a fine on individuals in amount of five, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

2. Action (inaction) provided by part one of this Article, committed repeatedly within a year after imposing an administrative penalty, shall –

entail a fine on individuals in amount of fifty, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred and fifty, on subjects of large entrepreneurship – in amount of two hundred and fifty monthly calculation indices.

Footnote. Article 418 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 419. Breach of the legislation of the Republic of Kazakhstan on ensuring of the uniformity of measurements:

1. Breach of the legislation of the Republic of Kazakhstan on ensuring of the uniformity of measurements committed in the form of:

1) violation of compulsory metrological requirements for measurements, measuring means, standard samples, measurement procedures established in measurement lists related to the state regulation, and regulatory legal acts;

2) issuance in circulation, applying, of measuring means subjected to the state metrological control that did not pass testing for the purpose of type approval or metrological certification, as well as adjustment and (or) not included into the register of the state system of ensuring the uniformity of measurements;

3) applying the methods for measuring subjected to the state metrological control and that did not pass the metrological certification and registration into the register of the state system of ensuring the uniformity of measurements, –

shall entail a fine on individuals in amount of thirty, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of two hundred thirty, on subjects of medium entrepreneurship – in amount of three hundred ten, on subjects of large entrepreneurship – in amount of one thousand and six hundred monthly calculation indices.

2. Action (inaction) provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail a fine on individuals in amount of ninety, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of four hundred sixty, on subjects of medium entrepreneurship – in amount of six hundred twenty, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

Footnote. Article 419 is in the wording of the Law of the Republic of Kazakhstan No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 420. Failure to take measures for destruction of wild hemp

Failure to take measures for destruction of wild hemp on sowings of agricultural crops, in gardens, vineyards, breeding nurseries and parks, on the sidelines of the fields, irrigation and irrigation-amelioratory networks, on the waysides of the common and railway roads, in a territory of organizations, on the land fields of inhabitants of cities, rural settlements and other inhabited localities, as well as on the lands of the state forest and water funds, state reserve and secured to the organizations after prescription, shall –

entail a fine on individuals in amount of ten, on subjects of small entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Article 421. Failure to take measures for ensuring protection of the drug containing sowings

Failure to take measures for ensuring established regime of protection of hemp, poppy sowings and other plants containing narcotic substances, places for storage and processing of the harvests of these crops, and equally failure to take measures for destruction of the stubble remains and production wastes containing narcotic substances, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 422. Failure to take measures for suppression of sale and (or) nonmedical consumption of narcotic drugs, psychotropic substances and precursors

1. Failure to take measures for suppression of sale and (or) nonmedical consumption of narcotic drugs, psychotropic substances and precursors by the owner of entertaining establishment, as well as educational institution, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

2. Actions (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on subjects of small entrepreneurship or non-profit organizations in amount of two hundred, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices.

Note. Entertainment establishments mentioned in this Code shall include gambling establishments, nightclubs, coffee bars, restaurants, Internet cafes, computer, billiard, bowling clubs and cinemas, objects of theater and entertaining purpose and other buildings, premises, structures in which the services of entertaining and leisure, theater and entertaining, sporting, cultural and leisure purpose are rendered.

Article 423. Propaganda or illegal advertising of narcotic drugs, psychotropic substances and their analogues, precursors

Propaganda or illegal advertising of narcotic drugs, psychotropic substances and their analogues, precursors, shall –

entail a fine on subjects of small entrepreneurship in amount of three hundred, on subjects of medium entrepreneurship – in amount of five hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices, with or without revocation of a license.

Note.

1. The propaganda of narcotic drugs, psychotropic substances, their analogues and precursors in this Article should be understood as the dissemination of any information, regardless of the form and method of their presentation on narcotic drugs, psychotropic substances, their analogues, precursors, on methods, methods of their development, manufacture and use, on advantages and benefits of using certain types of narcotic drugs, psychotropic substances and their analogues, aimed at forming a positive or tolerant attitude towards illegal circulation and illegal consumption of narcotic drugs, psychotropic substances, their analogues, or performing other actions in an indefinite circle of people these purposes.

2. In this Article, illegal advertising of narcotic drugs, psychotropic substances and precursors should be understood as distribution and (or) placement in any place, in any form, in any way, except for cases established by law, information on places or methods of their acquisition, quality, price and their other properties, intended for an indefinite circle of persons and designed to form or maintain interest in narcotic drugs and psychotropic substances, their analogues and to promote their illegal consumption and sale.

Footnote. Article 423 is in the wording of the Law of the Republic of Kazakhstan dated 27.12.2019 No. 292-VІ (order of enforcement see Article 2).

Article 423-1. Sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, to persons who are not attained the age of twenty-one

1. Sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, to persons, who are not attained the age of twenty-one, shall –

entail a fine on individuals in the amount of fifteen, on the subjects of small entrepreneurship – in the amount of twenty-five, on the subjects of medium entrepreneurship – in the amount of forty, on the subjects of large entrepreneurship – in the amount of one hundred monthly calculation indices.

2. The action provided for by part one of this Article, committed repeatedly within a year after the imposition of an administrative sanction, –

entail a fine on individuals in the amount of thirty, on the subjects of small entrepreneurship – in the amount of fifty, on the subjects of medium entrepreneurship – in the amount of eighty, on the subjects of large entrepreneurship – in the amount of two hundred monthly calculation indices.

Footnote. Chapter 24 was supplemented with Article 423-1 in accordance with the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 424. Illegal medical and (or) pharmaceutical activity

1. Engagement in illegal medical and (or) pharmaceutical activity by a person that does not have the certificate and (or) the license for this type of activity, shall –

entail a fine on individuals in amount of five, on civil servants –in amount of fifteen, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of seventy monthly calculation indices.

2. Provision of medical care provided within the guaranteed volume of free medical care and (or) in the system of compulsory social health insurance on a paid basis in healthcare organizations providing it, shall –

entail a fine on individuals in amount of ten, on civil servants, subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of four monthly calculation indices.

3. Repeated commission of the acts provided by a part two of this Article within a year after imposition of administrative sanction, shall –

entail a fine on individuals in the amount of thirty monthly calculation indices with the withdrawal of the certificate of a specialist in the field of health care, on officials, subjects of small entrepreneurship – in the amount of sixty-five, on the subjects of medium entrepreneurship – in the amount of one hundred, on the subjects of large entrepreneurship – in the amount of seven hundred monthly calculation indices, with confiscation of the incomes received due to commission of the administrative infraction.

4. Conducting healing sessions involving two or more people, including using the media, shall –

entail a fine in amount of one hundred fifty monthly calculation indices.

5. Participation of medical workers, authorized to prescript medical products in the advertising of the medical products, sale of the medical products by the medical workers at the workplace, with the exception of cases provided by the legislation, as well as appointment to the certain pharmacy organizations and the other types of organizations and the other forms of cooperation with them for the purpose of obtaining remuneration, shall –

entail a fine on individuals in the amount of eighty monthly calculation indices with the withdrawal of the certificate of a specialist in the field of health care, on officials, subjects of small entrepreneurship – in the amount of one hundred monthly calculation indices with the withdrawal of the certificate of a specialist in the field of health care, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of three hundred monthly calculation indices.

Footnote. Article 424 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 424-1. Violation of the procedure for conducting clinical trials and the use of new methods and means of prevention, diagnosis, treatment and medical rehabilitation

Violation of the procedure for conducting clinical trials and the application of new methods and means of prevention, diagnosis, treatment and medical rehabilitation by a medical worker, if this action does not contain signs of a criminally punishable act, shall –

entail a fine on individuals in the amount of two hundred monthly calculation indices or arrest for the period of up to twenty days.

Footnote. Chapter 24 was supplemented with Article 424-1 in accordance with the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 425. Violation of requirements of the legislation in the field of sanitary and epidemiological welfare of population, as well as hygienic standards

1. Violation of the requirements of the legislation of the Republic of Kazakhstan in the field of sanitary and epidemiological welfare of the population, as well as hygienic standards, technical regulations, which did not entail harm to human health, shall –

shall entail a fine on individuals in amount of thirty, on officials, subjects of small entrepreneurship or non-profit organizations – in amount of two hundred thirty, on subjects of medium entrepreneurship – in amount of three hundred ten, on subjects of large entrepreneurship – in amount of one thousand and six hundred monthly calculation indices..

2. Action (omission) provided by a part one of this Article that entailed infliction of harm to the human health, if this action (omission) does not contain the signs of a criminally punishable act, shall –

shall entail a fine on individuals in amount of two hundred, on officials, subjects of small entrepreneurship or non-profit organizations - in amount of four hundred sixty, on subjects of medium entrepreneurship - in amount of six hundred twenty, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices with suspension of activity or without it, with or without confiscation of products.

Footnote. Article 425 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 No. 504-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 No. 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 426. Violation of the rules of pharmaceutical activity and scope of circulation of medicinal products and medical devices

1. Violation of the rules for registration and reregistration, production, manufacturing and quality control, testing (research), entry, procurement, transportation, storage, marking, sale, including the excess of the established marginal prices for medicinal products, as well as applying (use), ensuring, destruction, advertising of medicinal products, medical devices, if it did not inflict harm to human health, –

shall entail a fine on individuals in amount of seventy, on officials – in amount of one hundred, on subjects of small entrepreneurship – in amount of one hundred thirty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices.

2. Action provided by part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

shall entail suspension of the license and (or) supplement to the license for pharmaceutical activity for the period up to six months.

2-1. Violation of the rules for the import, purchase, transportation, storage of vaccines, resulting in minor harm to human health, shall –

entail a fine on officials in the amount of one hundred, on the subjects of small entrepreneurship – in the amount of one hundred and thirty, on the subjects of medium entrepreneurship – in the amount of two hundred, on the subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices.

2-2. Violation of the procedure for the expertise of medicines conducted by the state expert organization in the field of circulation of medicines and medical devices in conducting the expertise of the quality and safety of vaccines, shall –

entail a fine on officials in the amount of two hundred monthly calculation indices.

3. Production, procurement, transportation, storage, sale, applying (use), advertising of unregistered, prohibited for applying medicinal products, medical devices, if they did not entail infliction of harm to human health, –

shall entail a fine on individuals in amount of one hundred, on officials – in amount of one hundred fifty, on subjects of small entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand five hundred monthly calculation indices, with suspension of the activity, with confiscation of medicinal products and the products equated to them, medicinal and prophylactic food and food supplements, as well as cosmetic units that shall be the direct subjects of commission of administrative offence and incomes obtained due to commission of the administrative offence.

4. The actions provided for by parts one, 2-1 and three of this Article, resulting in harm to human health, if these actions do not contain signs of a criminally punishable act, shall –

shall entail a fine on individuals in amount of two hundred, on officials – in amount of three hundred, on subjects of small entrepreneurship – in amount of three hundred fifty, on subjects of medium entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices, with confiscation of medicinal products and medical devices, medicinal and prophylactic food and food supplements, as well as cosmetic units that shall be the direct subjects of commission of administrative offence and incomes obtained due to commission of administrative offence, as well as prohibition of activity.

Footnote. Article 426 is in the wording of the Law of the Republic of Kazakhstan No. 211-VI dated 28.12.2018 (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 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 427. Violation of requirements of technical resistance of objects and premises in the scope of turnover of narcotic drugs, psychotropic substances, precursors

1. Violation of requirements of technical resistance of objects and premises in the scope of turnover of narcotic drugs, psychotropic substances, precursors, shall –

entail a fine on officials in amount of twenty-five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices, with suspension of the activity of a legal entity.

2. Action (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –

entails a fine on officials in amount of one hundred and seventy-five, on subjects of medium entrepreneurship - in amount of three hundred and fifty, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices, with prohibition of the activity of a legal entity.

Footnote. Article 427 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 428. Inaccurate advertising in the field of public health service

Dissemination of advertising of medical services, methods and means of preventative measures, diagnostics, treatment and medical rehabilitation by an advertiser that does not have the license for carrying out the relevant type of activity, as well as advertising of biological active food supplements without their state registration, if this action does not have the signs of a criminally punishable act, shall –

entail a fine on individuals in amount of ten, on civil servants – in amount of twenty five, on subjects of small entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two hundred monthly calculation indices.

Article 429. Article 429. Avoidance of medical examination and treatment of the persons contacting with HIV infected, venereal diseases, tuberculosis, as well as the persons with mental, behavioral disorders (diseases) orthose using narcotic drugs or psychotropic substances without a doctor's prescription

Footnote. Heading of Article 429 as amended by the Law of the Republic of Kazakhstan No. 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication)

1. Avoidance of medical examination and treatment of the persons contacting with HIV infected, venereal diseases, tuberculosis, which continues after written warning made by the health ca